Nutrient Management Considerations for OHRIA Members

1
Nutrient Management Considerations for OHRIA
Members

• Peter Doris,
• Nutrient Management Specialist, Brighton, OMAF

Ontario
Ministry of Agriculture and Food Agriculture
Rural Division
2
Where Do You Fit in With This Legislation?

• Scenario 1 I have a property with no livestock
  buildings and plan to build a new horse barn for
  15 horses.
• Will require a NMP/S because it is a new
  livestock operation.
• Assumption 1 applying for building permit after
  Sept. 30
• Assumption 2 this property is not part of an
  existing livestock operation (i.e. this farm is
  not part of another farm down the road)

3
Where Do You Fit in With This Legislation?

• Scenario 2 I have a farm (existing livestock
  operation) and plan to renovate barn to establish
  a horse barn for 15 horses.
• NMP/S not required at this time by the province
  because it is an existing livestock barn and
  under 300 NUs.
• Assumption is not part of a larger livestock
  farming operation that exceeds 300 NU and NMS/P
  is not required by the municipality

4
Where Do You Fit in With This Legislation?

• Scenario 3 I have existing horse barn for 15
  horses and plan to expand the barn to allow
  capacity for 30 horses.
• NMP/S not required at this time by the province
  because it is an existing livestock barn and
  under 300 NUs.
• Assumption is not part of a larger livestock
  farming operation that exceeds 300 NU and NMP/S
  is not required by the municipality

5
How Will It Affect Farms Who Get Manure Picked by
Someone Else (ie. A Broker)?

• The terms for this scenario are set out in the
  Nutrient Management Protocol (s. 5.2.3)
• The nutrient management strategy (NMS) would be
  required to indicate storage, destination
  agreements, farmstead map, type and volume of
  manure, etc.

6
How Will This Legislation Deal With Racetracks?

• If it is over 300 NU, on annual basis
• Required to complete NMS (assuming no land
  application) by July 2005 (also assuming no
  expansion).
• Manure storage would be based on number of NU on
  an annual basis (the number animals and the
  number of days that animals are on site.)

7
Calculating NU on an Annual Basis

• Example A racetrack has 700 racehorses
• (medium category) on site for 180 days per
• year
• 700 horses (medium size) 700 NU
• 700 NU x 1/2 year 350 NU on an annual basis

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Racetrack Example (contd)Manure Storage

• Racetrack would need proper storage (for 700 NU
  for 1/2 year) OR
• If the NMS indicated that a broker or mushroom
  farm was picking up manure every 30 days, then
  storage of equal to or greater than 30 days for
  700 NU would be required
• Approval of NMS would require a Broker Agreement
  indicating that manure will be picked up (in this
  example, every 30 days)

9
How Will This Legislation Affect New or Expanding
Boarding Stables or Stud Farms Where the Number
of Animals May Fluctuate Widely?

• Calculate NU on an annual basis for the farm
• Determine if this farm is required to have a
  NMS/P under this regulation
• Develop and implement NMP/S if it is required

10
Filling Out a NMP/S Is All Fine and Well but
What Happens If I Cannot Get My Manure Picked up
Anymore?

• Contingency plan should list potential alternate
  methods to properly manage nutrients
• Update your NMS/P with the new information
• File an amendment with OMAF for your NMP/S
  reflecting new information
• Section 22 and 26 of regs provides the details
  when a new or revised NMP/S is required

11
What Exactly Is an Acceptable Manure Storage
Facility Under NMA?

• 240 days storage (either permanent or temporary
  in-field sites)
• Meets or exceeds criteria in protocols
• New livestock barns and manure storage structures
  adhere to Minimum Distance Separation Guidelines
  (if municipality has included MDS as part of
  their zoning by-law)
• Outdoor confinement areas (OCA)

12
Manure Storage

• 240 days of storage of permanent or in-field
  temporary storage is required except as follows
• a) where the farmer sends some of the manure to a
  broker and the aggregate storage capacity of the
  broker and farmer is 240 days
• b) where the livestock confined indoors for less
  than 240 days
• c) where the farmers nutrient management
  strategy permits lesser periods of storage
• d) where the farmers nutrient management plan
  permits lesser periods of storage
• NSTS 05 Storage Facilities for Solid Nutrients.
  NMA Regulations. 2003

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Permanent Manure StorageSetbacks

• Part VIII in the regulations
• Set back from wells of at least 15 m from a
  drilled well, 100 m from municipal wells and 30 m
  of other wells s 63
• Set back of 15 m from tile drains
• Cannot be located within 1 in 100 year flood
  plain (Check with your Cons. Auth.)

14
Permanent Manure StorageFloors

• Concrete floor (or equivalent as determined by a
  professional engineer) or
• Earthen floor consisting of .5 m hydraulically
  secure soil or
• Earthen floor consisting of .5 m of soil type C
  or D as defined in the Drainage Guide for Ontario

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Permanent Storage FacilitiesRunoff Management
System

• Runoff Management System (Option 1 - s.
• 81 and NSTS 05 Storage Facility for Solid
• Nutrients)
• Roof over the facility and yard to prevent entry
  of precipitation OR
• Vegetative Filter Strip designed by a qualified
  professional (requires certificate of approval
  from MOE) OR
• Contained in a storage facility

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Permanent Manure StorageRunoff Management System

• Runoff Management System (Option 2 - s. 81 and
• NSTS 05 Storage Facility for Solid Nutrients) -
• for operations less than 300 NU
• concrete or equivalent or .5m C or D soil
• area of storage less than 300 sq. m
• storage is constructed in accordance with NMAN
• sidewall height of 1m or greater around at least
  75 of perimeter
• floor slope of less than 1

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Permanent Manure StorageRunoff Management System

• Runoff Management System (Option 2 - s. 81 and
  NSTS 05 Storage Facility for Solid Nutrients) -
  for operations less than 300 NU
• Flow path to surface water and tile inlets of
• at least 50 m if storing manure of gtor 50 dry
  matter (DM) or
• at least 150 m if storing manure of gt or 30 DM
  and lt 50 DM

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Permanent Manure StorageRunoff Management System

• Flow path must be
• greater than or equal to 3 m from tile drains
• greater than or equal to .9 m above bedrock
• Adhere to all setback requirements for wells as
  presented earlier

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Temporary In-field Manure Storage

• An acceptable means of storage for up to 300 days
  providing ALL of the requirements allowing
  temporary in-field storage can be adhered to as
  indicated on the following slide.
• The exact number of days is determined by the
  table in the regulations s. 85 (2) - see handout

20
Temporary In-field Manure Storage Must Meet All
of the Following Requirements

• Nutrients must be solid ( 18 dry matter
  content)
• Minimum depth to bedrock, under the site and
  within 3 m of the side of the site, must be at
  least 0.3 m
• Minimum depth of soil above the water table,
  under the site and within 3 m of the side of the
  site, must be 0.9 m.
• Slope of site must be 3 or less
• Must have a flow path that is at least 50 m to
  the nearest surface water or tile inlets and the
  flow path must be located at least 0.3 m above
  bedrock.
• The site must not have soils that have rapid
  infiltration rates (Hydrological Soil Group AA,
  as defined by the Drainage Guide for Ontario)
• The site must not be located in a 1 in 100 year
  flood zone.

21
Temporary in-field StorageRecords

• 86. The operator shall maintain records for all
  temporary field nutrient storage sites under the
  operator's control that include,
• (a) the date on which the site was established
• (b) the dates on which the site was displaced and
  mixed or inverted, if applicable
• (c) the date on which the site was removed and
• (d) a sketch indicating the location of the site
  relative to setback distances, surface waters and
  other temporary field nutrient storage sites

22
Outdoor Confinement Areas (OCA)

• These regulations apply to permanent OCA (animals
  present for more than 200 days or 4800 hours per
  year)
• Subdivided into high density and low density
• Part 10 of the Nutrient Management Protocol

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Definition of OCA (from s. 1)

• "outdoor confinement area" means an enclosure for
  livestock, deer, elk or game animals that has the
  following characteristics
• 1. It has no roof, except as described in
  paragraph 3.
• 2. It is composed of fences, pens, corrals or
  similar structures.
• 3. It may contain a shelter to protect the
  animals from the wind or another shelter with a
  roof of an area of less than 20 square metres.
• 4. It has permanent or portable feeding and
  watering equipment.
• 5. The animals are fed or watered at the
  enclosure.
• 6. The animals may or may not have access to
  other buildings or structures for shelter,
  feeding or watering.
• 7. Grazing and foraging provides less than 50 per
  cent of dry matter intake

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High Density OCA

• High density is 120 NU or more per hectare OR
• Areas of the farm where the animals have access
  for less 4800 hours per year and
• contains 300 or more NU annually and
• more than 5 NU per hectare on an annualized basis

25
Low Density OCA

• Access for 200 days (4800 hours) or more per year
  and
• the number of animals confined in the area, at
  any time, is not sufficient to generate nutrients
  at rate of more than 120 NU per hectare

26
OCA

• Different requirements for high and low density
• OCAs in terms of the regs. Example
• High density - requires concrete floor or
  equivalent as certified by P. Eng or at least 1
  m of soil of gt or 15 clay content or hydraulic
  conductivity of less 1 x 10-8 m/s
• Low density - requires 50 cm of soil of gt or
  15 clay content or hydraulic conductivity of
  less 1 x 10-8 m/s
• Reference NMA regs Part VII s. 54

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OCA

• Require the same set back criteria for wells as
  for permanent nutrient storage (applies to high
  and low density)
• Livestock access to surface water in high density
  OCA is not permitted
• Requires management of manure, runoff and snow
  that contains manure according to a NMS/P
• Reference NMA regs s. 57 - 61

28
Winter Grazing of Horsesand Outdoor Housing of
Horses

• If grazing or foraging in the area account for
  greater than 50 of dry matter intake, then the
  area is NOT an OCA
• If horses spend less than 4800 hours per year in
  the area AND less than 300 NU on an annual basis,
  then the area is NOT an OCA

29
Winter Grazing of Horsesand Outdoor Housing of
Horses

• Nutrients (i.e. manure) that is spread by animals
  on pasture (i.e. the animals are NOT in an OCA)
  are NOT required to be accounted for in NMS/P
  under these regulations
• The Provincial Advisory Committee is considering
  the issue of nutrient management in seasonal or
  non- permanent outdoor confinement areas and will
  report back to the Minister

30
Is Deadstock Covered Under the Nutrient
Management Act?

• Currently covered by Ontario Dead Animal Disposal
  Act
• Within 48 hours of death, requires you dispose by
  one of the following methods
• on farm burial (under 2 feet of soil)
• on farm composting (2 feet of carbon material
  around the carcass)
• removal by licensed deadstock collector

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Deadstock

• The NMA allows for regulations to be developed on
  deadstock but this has not been done yet
• This subject has been referred to the Provincial
  Advisory Committee

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What is the Short Form?

• Who can use short form?
• Farms with less than 150 NU
• No biosolid application on the farm
• No liquid manure (Liquid dry matter less than
  18)
• Must be able to answer yes to all questions
  (otherwise full length NMS/P)
• Refer to section 8 of Nutrient Management
  Protocol for more information

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Questions From Short Form

• 1. Does this farm unit have a completed Farm Unit
  Declaration?
• 2. Does the operator of the farm have proof that
  he/she has received an agricultural operation
  certificate (part 10 of the Regulation)?

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Short Form Questions (contd)

• 3.Are only the following applied on this farm
  unit
• solid manure
• commercial fertilizer
• other agricultural source material that is not
  liquid manure?

Ministry of Agriculture and Food Agriculture
Rural Division
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Short Form Questions (contd)

• 4. If this farm is a generator of manure, does it
  
• generate less than 150 NU?
• manage only on-farm generated solid manure,
  including runoff from that manure?
• generate and receive less than 1.5 NU per
  tillable hectare on the farm unit?
• show that adequate manure storage is available by
  completing MSTOR or equivalent evaluation?
• Continued.

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Short Form Questions (contd)

• Question 4 - Have one of the following in
  accordance with part of the regulation
• a minimum of 240 days' storage with runoff
  control or treatment
• storage for livestock confined for less than 240
  days storage with runoff control or treatment
• proof of a Broker Agreement or Nutrient Transfer
  Agreement to compensate for storage capacity less
  than the required period, or
• proof of an arrangement with an Intermediate
  Generator to compensate for the storage capacity
  less than the required period?

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Short Form Questions (contd)

• 5. If nutrients are applied to the land on this
  farm unit,
• A) is only solid manure applied with an
  application rate of less than 7 tonnes per
  hectare of poultry or 44 tonnes/ha of other solid
  manure?
• B) are all requirements for land application set
  out in part 6 of the regulation (e.g., setbacks
  from surface water, wells, conditions for winter
  spreading, etc.) met?
• C) are nutrients applied at rates of less than
• 17 kg/ha above OMAF crop fertilizer
  recommendations or
• except where soil phosphorous test exceeds a very
  high rating based on OMAF recommendations, crop
  removal rates plus 33 kg/ha of nitrogen and 78
  kg/ha of phosphorous?

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Short Form Questions (contd)

• 6. Is there a contingency plan for the farm unit
  that complies with part 11 of this Nutrient
  Management Protocol?
• 7. Will you reassess your farm unit in accordance
  with the following
• at least once every five years as required by the
  regulation or sooner
• upon the occurrence of any of the events set out
  in part 3 of the regulation and also in
  paragraphs 5.1, 6.3 and 7.1 of the Nutrient
  Management Protocol?

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Short Form Questions (contd)

• 8. Can the operator of this farm unit confirm
  that he/she has not been charged, prosecuted or
  the subject of a section 29 or 30 order under the
  Nutrient Management Act or the regulation within
  the last five years?

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Note About the Short Form

• Please note that while completing a short-form
  NMS/NMP is simpler than working through the
  full-length version, nonetheless the process
  requires a familiarity with the regulation. You
  would still need to determine the storage
  requirements for the farm, prepare a contingency
  plan, and keep some records of what you do in
  your operation.
• An Introduction to the Short-Form Nutrient
  Management Strategy/Plan. OMAF. July 2003.

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What Is Available to Help Me Comply With This
Legislation?

• NMAN software (2003 version)
• Windows based software that incorporates elements
  required to complete a NMP/S for your farm and
  red flags any issues that will not comply with
  the legislation
• Training on the regs and software is provided by
  OMAF (2 sessions x 25 each)
• Check OMAF website for dates and list of
  certified consultants (October)

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What Is Available to Help Me Comply With This
Legislation?

• Short form for NMP/S
• Must be able to answer yes to all questions (8
  questions some with multiple parts),
• You must retain essential documentation on the
  farm, and
• Other aspects of these regulations still apply if
  you are using the short form (hence the
  requirement for training)

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What Is Available to Help Me Comply With This
Legislation?

• Education and training opportunities include
• NMAN software training
• Introduction to NMAN
• Refresher course (for those who have taken NMAN
  in the past)
• Fundamentals of of Nutrient Management
• NMA Regulation

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What Is Available to Help Me Comply With This
Legislation?

• Education and certification opportunities
• Specific training sessions for farmers,
  consultants, haulers, brokers, NM trainers,
  reviewers, applicators to be developed
• Each certificate and license will require
  successful completion of specific courses

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What Is Available to Help Me Comply With This
Legislation?

• Website and toll-free information
• http//www.gov.on.ca/OMAFRA/english/agops/index.ht
  ml
• Toll free Nutrient Management Info Line
• 1 866 242 4460

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What Is Available to Help Me Comply With This
Legislation?

• Nutrient Management Field Staff, OMAF
• Phyllis MacMaster, Kemptville 613 258 8297
• Peter Doris, Brighton 613 475 5604
• Jackie McCall, Woodstock 519 537 6592
• Dean Donaldson, London 519 873 4094
• Jim Arnold, Engineer, Stratford 519 271 6974
• Richard Brunke, Engineer, London 519 873 4082

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Is There Financial Assistance Available?

• Provincial Advisory Committee is examining
  options for cost sharing
• Local water quality programs may be available
  talk to your Conservation Authority
• Environmental Farm Plan

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Conclusions

• Various forms of technical assistance are
  available
• Welcome questions as part of panel discussion