Farmers have traditionally spread raw manure on their land to help grow crops for food and for livestock. Not only animal manure, but other nutrient-rich materials containing primarily nitrogen, phosphorus and potassium, can be used to fertilize fields. These materials include commercial fertilizers, human waste generated by sewage treatment plants (called biosolids), and pulp and paper sludge. The controlled application of these nutrients is referred to as nutrient management.

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2. Why is it important to control nutrients?

If manure and other materials are not properly controlled, they can become a significant source of contamination for water systems. Farmers need to store manure carefully and they need enough acreage to absorb all the nutrients that are applied. If there are spills or if there is excess manure on the fields, it can result in runoff to streams and lakes, or leaching from soil into groundwater.

This problem has been aggravated in the last two decades by the development of intensive livestock operations that produce large quantities of manure. These new farms may support as many as 3,000 pigs or 1,200 cattle. According to a Special Report of the Environmental Commissioner of Ontario, the province currently has over 3.4 million hogs which together produce as much raw sewage as the 10 million people in the province.

For background information on the problems associated with intensive farming in Ontario, see The Environmental Commissioner's Special Report #3, “The Protection of Ontario's Ground Water and Intensive Farming”, July 27, 2000, under Publications at: www.eco.on.ca

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3. Has drinking water in Ontario been affected by agricultural practices?

Drinking water in rural areas is showing signs of contamination from agricultural sources. In Ontario 34 per cent of rural wells have elevated levels of coliform bacteria and 14 per cent have elevated levels of nitrates.

The most serious event was the contamination of drinking water with E. coli bacteria that led to seven deaths in Walkerton in May 2000. It came from the infiltration of a town well by bacteria from animal manure. As a result, the Walkerton Commission of Inquiry gave serious consideration to ways of protecting drinking water from agricultural sources and Mr. Justice Dennis O'Connor made many significant recommendations.

In the past the Ontario Ministry of Agriculture and Food relied on guidelines, called Best Management Practices, and a voluntary approach to the management of manure, rather than regulation. Many of the province's farmers developed Environmental Farm Plans to address the problems of agricultural pollution. However, no legislated requirements existed for the storage and handling of manure.

The provincial government was taking steps to address this problem before May 2000. After the tragic events at Walkerton, the provincial government committed itself to province-wide standards to address the potentially harmful effects of agricultural practices on the environment.

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4. What are Justice O'Connor's recommendations on nutrient management from the Walkerton Inquiry report?

Justice O'Connor in his Report of the Walkerton Commission of Inquiry recommended that every large or intensive farm, and every small farm located in a sensitive or high-risk area, develop a legally binding water protection plan to protect drinking water sources, consistent with the local watershed-based source protection plan.

This recommendation was based on an assumption that broader source protection plans would be put in place first. He described his recommendations as a “nested approach” to source protection, in which site specific farm plans would fit into the larger source protection plan for the area.

As Justice O'Connor envisioned it, farm plans would identify how farming operations affect drinking water sources, including those used by farmers and their families, and find ways to reduce their impacts.

He also recommended that the province pass binding legislation that would set a regulatory “floor” for manure storage and handling. In his view, manure storage and handling that does not follow the guidelines for minimum distances from wellheads, or improper manure storage, has the potential to threaten drinking water everywhere.

The Report of the Walkerton Commission of Inquiry, parts 1 and 2, contains information on Mr. Justice O'Connor's recommendations regarding the need for nutrient control. The Report is available at: www.attorneygeneral.jus.gov.on.ca/english/about/pubs/walkerton/

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5. What does Ontario's Nutrient Management Act, 2002 govern?

For the first time, Ontario has passed legislation setting out legal requirements for the storage and handling of manure and other nutrients .

The Nutrient Management Act, 2002, (hereafter referred to as the Nutrient Management Act ) was developed by the Ministry of the Environment and the Ministry of Agriculture and Food, as part of the government's Clean Water program. The Act provides a framework for setting clear consistent standards for nutrient management on farms. It is enabling legislation that supports the development of regulations for nutrient management and other related farm practices. The Act was passed in June 2002. It came into force on July 1, 2003.

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6. What regulations are in place now?

The General Regulation, (O.Reg 267/03), under the Nutrient Management Act , is an important part of the legislation governing nutrient management. It was passed on June 30, 2003 and came into force on September 30, 2003. It sets out the specific details of the legal requirements for the handling and storage of nutrients.

This Regulation has thirteen parts which establish the province's standards. In addition, there are four important Protocols which explain the Regulation in greater detail. The four are: Nutrient Management Protocol, Construction and Siting Protocol, Local Advisory Committee Protocol, Sampling and Analysis Protocol for Soil and Land Applied Materials.

This final Regulation was the product of extensive public consultation on two sets of proposed regulations. The first proposed Stage 1 Draft Nutrient Management Regulations were released in September 2002 for discussion. The proposed Stage 2 Regulations were released in December 2002.

The Stage 1 draft regulations dealt with the content of Nutrient Management Plans and Strategies. It also proposed categories of farm operations and dates by which new, expanding or existing operations would have approved plans. The Stage 2 draft regulations incorporated the Stage 1 regulations and addressed additional issues such as biosolids, the construction of barns, setbacks from water, training, winter spreading and local advisory committees.

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7. What farms are covered by the Nutrient Management Act and Regulation?

Currently the Regulation is limited to new farms, and farms that are expanding to become large operations. It applies to:

Operations that are placing new barns on a separate property where farm animals will generate more than 5 nutrient units*;

Large livestock operations where there are enough farm animals present to generate 300 nutrient units or more; and

Existing large livestock facilities that are expanding and will move into the large category (at or over 300 nutrient units).

(*A nutrient unit is the amount of manure that gives the fertilizer replacement value of the lower of 43 kg of nitrogen or 55 kilograms of phosphate. For example, one beef cow may constitute one nutrient unit, while 8 goats could equal one nutrient unit. A large livestock operation, then, could have more than 300 beef cows or more than 2400 goats to be subject to this regulation, depending on the relevant calculations made under the Nutrient Management Protocol.)

By September 30, 2003 all new and expanding livestock farms must complete a nutrient management strategy or plan.

On July 1, 2005 these regulations will apply to all existing operations of 300 nutrient units or more (not just new and expanding operations). The previous government decided to postpone extending this regulation to smaller farms until 2008 at the earliest. Whether they will be subject to this Regulation depends now on the advice of the Provincial Advisory Committee on Nutrient Management, the availability of funding and the decisions of the current government.

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8. What are nutrient management plans?

One of the most important features of the Regulation is the requirement for farms to prepare nutrient management plans and nutrient management strategies.

The Regulation requires farmers to prepare Nutrient Management Strategies and/or Nutrient Management Plans (Parts II and III). It also sets out the information that farmers must include in their plans and strategies.

Farms that generate manure that requires removal must complete a nutrient management strategy . This document shows how much manure or other materials prescribed by the Regulation are produced, how they will be stored and where they will be used. A strategy consists of:

A description of the type of operation,

Status of the Strategy, whether it is new or a renewal,

A farm unit declaration and sketch,

A list of all prescribed materials and the amount generated annually,

A description of nutrient storage,

Analysis of nutrient content of materials,

A list of nutrient uses with the appropriate agreements,

Storage facilities – yearly capacity,

Contingency plan for problems

Certification form.

Farms that store or use manure on their land, but do not generate manure for removal, must have a nutrient management plan . A plan consists of:

Description of the type of operation and status of the plan (new or renewal),

Farm unit declaration and sketch,

Analysis of nitrogen, phosphorous, potassium and total solids,

Storage information, if applicable,

Contingency plan (if weather prevents application or storage gets too full),

Certification form,

List of nutrients to be applied and total quantity,

Field information, cropping practices and application rates,

Landowner agreements that show adequate land base for application.

In addition to the preparation of plans and strategies, the regulation requires that they be approved by the Ministry of Agriculture and Food. Every five years when plans and strategies are renewed, farmers must also get a new approval (Part IV). In some cases, farmers with farms that are considered low-risk will be able to do short-form plans.

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9. What are the other major features of the Nutrient Management Act Regulation and Protocols?

The Regulation and its Protocols have a number of other important provisions designed to control nutrients and protect the environment from pollutants from agricultural sources:

The Regulation restricts how and where farmers can apply nutrients to their land. Farmers must take into account particular features of the land and adjust the application of manure and other nutrients to prevent excessive runoff and to protect water sources (Part VI). For example,

Farmers are not allowed to apply manure or fertilizers within certain distances of wells or surface water.

Although farmers are allowed to spread manure on their farms in winter, certain restrictions apply when the ground is saturated, snow-covered or frozen. When the ground is not snow covered during the period from the beginning of December to the end of March, wider setbacks from water are required.

Soils that have less potential for runoff may receive higher rates of liquid nutrients while soils with slopes that are more susceptible to runoff will be allowed less.

There is a ban on the use of high-trajectory guns for manure injection on all farms, regardless of size.

There are controls for animals that are kept outdoors in Outdoor Confinement Areas (Part VII).

Animals who are kept outdoors where more than half their feed requirements are supplied, rather than provided by pasture, are subject to requirements under this Regulation. The Regulation stipulates that different sizes of confinement areas have different requirements in terms of soil characteristics, nutrient management plans, manure handling, and animal limits.

New and expanding barns that contain manure must meet certain specifications (Part VIII):

New barns must be set back from sensitive features such as wells

No new barns can be built within 100 metres of a municipal well.

Barns must be monitored for leaks.

There is a sampling and analysis protocol for sampling nutrients and soil (Part IX). Sampling is required for agricultural materials such as manure and for non-agricultural materials such as sewage biosolids. The Regulation sets standards for non-agricultural materials that are applied to land, including standards for metals and pathogens.

Training in the preparation of nutrient management plans and strategies will eventually be mandatory for everyone that is required to prepare them (Part X)

Initially farmers will be able to prepare their own plans and strategies without training. Third party contractors, who offer their services in the preparation of plans and strategies, must be trained so that farmers have confidence in their abilities. After 2005 the Regulation will require that everyone who prepares a plan and strategy must have training.

The Regulation provides for the creation of Local Advisory Committees by municipalities, although they are not mandatory (Part XII).

Their function would be to educate the community, to mediate disputes that are not legal problems, and to consult with the municipalities. If they are set up by the municipality, the majority of their members must be farmers or representatives of the agricultural community. A Local Advisory Committee Protocol has been developed to guide the work of these committees.

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**10. Who administers the Nutrient Management Act?**

The Nutrient Management Act is jointly administered by the Ontario Ministry of Agriculture and Food (OMAF) and the Ministry of the Environment (MOE). The Ministry of Agriculture and Food is responsible for the training of farmers and consultants involved in the preparation of Nutrient Management Plans and Strategies, and for reviewing the completed Plans and Strategies. The Ministry of the Environment is responsible for the enforcement and monitoring of the regulations.

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11. How will the Nutrient Management Act be enforced?

The legislation provides for provincial government officers with specialized knowledge of agricultural operations and environmental problems to inspect farms and to issue compliance and preventive orders if necessary. Officers of the Ministry of the Environment will be responsible for ensuring compliance with the Nutrient Management Act.

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12. Will the Nutrient Management Act protect drinking water?

To safeguard drinking water, Justice O'Connor has stressed that multi-barrier protection must be put in place. This means safe sources of drinking water, effective treatment, secure distribution, continuous monitoring and a quick response to problems.

This Act helps to address the protection of drinking water sources. It will ensure better controls, and help prevent the infiltration of wells and surface water from animal manure and other nutrients. However, when source watershed protection plans for all drinking water sources in the province are introduced, farm plans must be integrated into the larger watershed planning process.

Although the Nutrient Management Act puts into place controls on manure, it does not address the problems of other agricultural pollutants in drinking water such as pesticides.

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13. What other kinds of nutrients are covered by this Regulation?

This Regulation (O.Reg. 267/03) also covers the land application of biosolids (treated human waste) and other non-agricultural nutrients. Other non-agricultural source materials are, for example, pulp and paper sludge, or brewery and meat processing byproducts, that can be used to enrich agricultural land. Like animal manure, the runoff from fields treated with these wastes can cause contamination of water supplies. They, too, need to be carefully monitored and controlled. The Regulation imposes minimum quality standards for the use of these materials.

See the Biosolids and Septage FAQ.

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14. What is the role of municipalities?

In some rural areas residents became concerned about manure storage and handling, as large livestock operations set up in their communities. Many municipalities tried to restrict the size of farming operations and the number of animals allowed through the use of municipal bylaws. Either they placed short-term moratoria on new large livestock operations or they required nutrient management plans.

One of the original goals of nutrient management legislation was to replace the numerous bylaws with one standard that would apply everywhere. However, because the Regulation is limited to new farms and to large farms, municipalities will remain responsible for nutrient management bylaws for livestock operations that are expanding but still under 300 nutrient units.

The municipality may also, if it chooses, set up a Local Advisory Committee for mediating nutrient management disputes in the community, as stipulated in the Regulation and Protocol.

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15. What is the next step in the province's legislative scheme?

The province has established the Provincial Advisory Committee for Nutrient Management. The purpose of this Committee is to consider implementation dates for other types and sizes of agricultural operations. It is also meant to consider seasonal outdoor feeding area standards, manure storage issues for existing operations, and odour-related setbacks and standards.

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16. How can I participate in protecting water from agricultural pollution?

If you believe that someone is not controlling the manure from their farm as required by the Nutrient Management Act and its Regulation, or you have other concerns about nutrient management in your community, you can make a complaint: to the Ministry of Agriculture and Food, the Ministry of the Environment, your local municipality or the Local Advisory Committee, if your municipality has established one.

If your municipality does not have a Local Advisory Committee, you can ask them to establish one. These Committees are designed to help resolve disputes at the local level related to nutrient management issues. The Local Advisory Committee Protocol has a flow chart for handling nutrient management incident reports.

If a Local Advisory Committee exists, the municipality will refer any complaints that are not spills or violations to them. If it is a spill or a violation, it will be referred to the Ministry of the Environment. A written complaint will be sent to the Local Advisory Committee if the citizen agrees. The Committee reviews the complaint and assigns a panel to investigate it.

If the panel determines that the incident is valid and there is no violation, the panel meets with the parties to reach a resolution. At the conclusion of the mediation the panel provides recommendations to the parties for the resolution of the matter, and files the results with the Local Advisory Committee. If either of the parties are not satisfied with the outcome, they may request a hearing by the Normal Farm Practices Protection Board or request that the matter be referred to the municipality as appropriate.

The public's right to know what is included in nutrient management plans or strategies is limited. The Nutrient Management Act is not subject to the Environmental Bill of Rights . This means that regulations under the Act do not have to be posted. Public participation in the development of new regulations or changes in the current regulation will be at the discretion of the government.

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17. Where can I test my well for possible contamination?

Residents using wells should test regularly to be sure their drinking water is safe. Advice is available from local Public Health Units. Ontario's Ministry of Health currently offers free bacteriological testing of drinking water samples taken by well owners.

For more information on water testing, contact your local Public Health Unit. For a complete listing of all Public Health Units in Ontario, see: www.healthunit.org/aboutus/hea_unit.htm

As well, information on the Baseline Well Water Testing Program which is administered by the Ontario Federation of Agriculture, is available to all rural private well owners by contacting the Ontario Federation of Agriculture at 1-800-668-3276.

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18. What are the Canadian Environmental Law Association's views on nutrient management?

The Canadian Environmental Law Association (CELA) wants the Nutrient Management Act to be integrated with source protection legislation, which the government has yet to introduce.

For a summary of CELA's concerns, see “Responding to the Ontario Government's Stage 1 Proposals under the Nutrient Management Act”, Intervenor, December 2002, Theresa McClenaghan at: www.cela.ca/Intervenor/27_3&4/27_3&4mna.htm

The complete CELA brief, “Proposed Stage 1 Draft Nutrient Management Regulations under the Nutrient Management Act” can be found at: www.cela.ca/land&EA/430nma.pdf

A second CELA brief on the Proposed Stage 2 Draft Nutrient Management Regulations entitled " Comments by CELA to the Ministry of Agriculture, Food and Rural Affairs, Strategic Policy Branch re: EBR Registry Number: RC02E0002 on the Proposed Stage 2 Draft Nutrient Management Regulations under the Nutrient Management Act" can be found at: www.cela.ca/land&EA/436nma2.pdf

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19. How can I get more information about Ontario's nutrient management legislation?

The Nutrient Management Act and Ontario Regulation 267/03 are available at: www.e-laws.gov.on.ca/

Both the Nutrient Management Act and the Walkerton report are available in print from the Ontario Government Bookstore at: http://pubont.stores.gov.on.ca/pool/

The Ministry of Agriculture and Food has set up the “ Nutrient Management Act Home Page” to provide information about the development of the Act and Regulation. It can be found at: www.gov.on.ca/omafra/english/agops/index.html

The Ministry of the Environment also has information about nutrient management available at: www.ene.gov.on.ca/envision/land/nutrient _management.htm

The Nutrient Management Act is one of four legislative changes recommended by the Report of the Walkerton Commission of Inquiry. For information on the other three, see the Safe Drinking Water Act FAQ, Source Water Protection FAQ, and the Water Financing FAQ.

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20. What have other jurisdictions done to address nutrient problems?

The United States Environmental Protection Agency (EPA) now requires animal feeding operations to have discharge permits. EPA has designated farms where animals are kept and raised in confined situations (based on the number of animals) as point source dischargers. Like other major industrial dischargers, they are required to have a permit under the National Pollutant Discharge Elimination System (NPDES). This information is available on the EPA's web site at: www.epa.gov/Region7/water/cafo/what_is_cafo_final_rule.htm

The Ontario Ministry of Agriculture and Food has compiled a guide with links to nutrient management programs in Canada, the United Sates, Europe and Australia . This can be found at: www.gov.on.ca/OMAFRA/english/agops/nutmgtlinks.htm

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