Environmental Regulations Handbook for Nova Scotia...

EnvironmentalRegulationsHandbook forNova ScotiaAgricultureSecond Edition, 2004

Revised by

Lorne Crozier, P.Ag.Resource Management Specialist

Nova Scotia Department ofAgriculture and Fisheries

1Environmental Regulations Handbook for Nova Scotia Agriculture

Environmental RegulationsHandbook

forNova Scotia Agriculture

Revised by: Lorne Crozier P.Ag.Resource Management Specialist

Nova Scotia Department of Agriculture and Fisheries

AcknowledgementsThis edition is an update of the original written by Dennis Moerman

January 13, 1997.

Cooperation and efforts of the staff of the Department of Agriculture and Fisheries,Department of Environment and Labour, Service Nova Scotia and Municipal Relations,

and Department of Natural Resources, are greatly appreciated.


Legislation Cited

The following pieces of Legislation and their accompanying regulations are referred to inthis version of the Environmental Regulations Handbook for Nova Scotia Agriculture.

Federal:– Canadian Environmental Protection Act

(Environment Canada)– Canadian Environmental Assessment Act

(Environment Canada)– Species at Risk Act (Environment Canada)– Fisheries Act (Fisheries and Oceans Canada)– Navigable Waters Protection Act (Transport

Canada)– Pest Control Products Act ( Health Canada)

Provincial:– Agriculture Administration Amendment

(2002) Act (NS Department of Agricultureand Fisheries)

– Agricultural Marshland Conservation Act (NSDepartment of Agriculture and Fisheries)

– Conservation Easements Act (NS Departmentof Natural Resources)

– Ditches and Water Courses Act (ServicesNova Scotia and Municipal Relations)

These acts may be viewed on the internet at http://www.gov.ns.ca/legi/legc/index.htm .This site contains links to full texts of the statutes and regulations of Nova Scotia, as well asa link to federal legislation.

– Endangered Species Act (NS Department ofNatural Resources)

– Environment Act (NS Department ofEnvironment and Labour)

– Farm Practices Act (NS Department ofAgriculture and Fisheries)

– Fences and Detention of Stray Livestock Act(NS Department of Agriculture andFisheries)

– Fences and Impounding of Animals Act(Service Nova Scotia and MunicipalRelations)

– Forests Act (NS Department of NaturalResources)

– Health Act (NS Department of Health)– Municipal Government Act (Service Nova

Scotia and Municipal Relations)– Special Places Protection Act (NS Department

of Education)– Wilderness Area Protection Act (NS

Department of Environment and Labour)


TABLE OF CONTENTSPage

Chapter 1 – Introduction.....................71.1 Canadian Environmental

Assessment Act .............................. 71.2 Important Notices.......................... 7

CHAPTER 2 – Planning to ReduceEnvironmental Impact2.1 Environmental Farm Plans ............ 8

CHAPTER 3 – Water Use andManagement3.1 Water Supply.................................. 93.1.1 Wells .............................................. 93.1.2 Ponds ........................................... 103.2 Ditches and Watercourses ........... 103.3 Wetlands ...................................... 103.4 Dykelands .................................... 113.5 Watercourse Protection................ 113.6 Livestock Access to Water

Bodies ........................................... 113.7 Designation of Watersheds ......... 12

CHAPTER 4 – Farm Waste Management4.1 Solid Waste .................................. 134.1.1 Dumps.......................................... 134.1.2 Designated Materials ................... 134.1.3 Burning ........................................ 134.2 Liquid Waste ................................ 144.2.1 Storage and Disposal of

Used Oil ....................................... 14

CHAPTER 5 – Manure Storage,Handling and Use5.1 Manure Storage ............................ 15

CHAPTER 6 – Fertilizer6.1 Storage.......................................... 166.2 Spills ............................................. 16

PageCHAPTER 7 – Livestock Production7.1 Livestock Facilities ....................... 177.2 Stocking Density .......................... 177.3 Fencing and Restraint .................. 17

CHAPTER 8 – Soil Management ........18

CHAPTER 9 – Petroleum Storage andHangling9.1 Storage and Handling .................. 199.2 Spills ............................................. 19

CHAPTER 10 – Pesticides ................... 2010.1 Storage.......................................... 2110.2 Handling and Application ........... 2110.3 Disposal........................................ 2110.4 Spills ............................................. 21

CHAPTER 11 – Nuisance11.1 Farm Practices .............................. 22

CHAPTER 12 – Energy Efficiency...... 23

CHAPTER 13 – Wildlife Management13.1 Endangered Species ..................... 2313.2 Wildlife Habitat ........................... 23

CHAPTER 14 – Air Quality14.1 Air Quality ................................... 24

CHAPTER 15 – Natural AreasConservation15.1 Special Places Designation .......... 25


CHAPTER 1INTRODUCTION

The purpose of this handbook is to provide guidance to agricultural producers of theenvironmental regulations, standards, codes and guidelines which affect, or may affectdecisions made in the management of their farm. The information contained in thishandbook is a synthesis of the material contained in the various acts and regulations cited.The various sections of this handbook are organized by agricultural activity.

The handbook is structured with each section and/or subsection representing an agriculturalactivity. Under each activity, the regulations, standards, codes and/or guidelines which applyare described.

While it is recognized that municipal jurisdiction also affects many aspects of agriculture,individual municipal by-laws are not included due to the large number of municipalitiesand by-laws that exist, as well as the difficulty in tracking all of the changes that can occurover a period of time. They are therefore outside the scope of the present document.

1.1 Canadian EnvironmentalAssessment Act

The Canadian Environmental AssessmentAct (CEAA) requires federal decision makersto consider the environmental effects ofproposed projects before taking any actionsthat would allow the project to go ahead. TheAct often applies to private sector projectswhere there are specific federal decisions orapprovals that must be made or granted. Forexample, if an agriculture producer requiresan approval under the Fisheries Act orNavigable Waters Protection Act for a waterintake structure, the CEAA also applies anda federal environmental screening is needed.Permits or approvals under other federallegislation may also trigger the CEAA.Applying for federal funding to enable anagricultural producer to carry out a project,is subject to CEAA. If acquisition or lease offederal land is needed for the project toproceed, the project is subject to CEAA.

When the CEAA applies, the agriculturalproducer may be asked to provide infor-mation or prepare an environmentalassessment for their proposed project. Forfurther information on the Act, or advice on

whether it applies to your project or activities,please contact the Canadian Environ-mental Assessment Agency, AtlanticRegion at (902) 426-0564.

Where both a federal and provincialenvironmental assessment are required forthe same project, the two governments worktogether in a harmonized manner.

1.2 Important Notices

This document was prepared under thedirection of the Nova Scotia Department ofAgriculture and Fisheries. Although everyeffort has been made to ensure the accuracyof its contents, the Department of Agri-culture and Fisheries assumes no liability forthe accuracy or reliability of the informationcontained herein. It must be recognized bythe user of this handbook that acts,regulations, by-laws, standards, codes andguidelines are constantly changing. Users ofthis handbook are recommended tocontact the regulating agency for furtherinformation on laws, regulations or by-laws which may affect their operations.

8 Environmental Regulations Handbook for Nova Scotia Agriculture

Reproduction in whole or in part by anymeans is permitted, subject to the followingrestrictions:

Physical copies must not be sold.The author and the Department must beacknowledged as the source on all copies.Translations and modifications are notpermitted.

Other requests for permission to re-publishshould be addressed to:

Nova Scotia Department of Agriculture andFisheries, Resource Stewardship DivisionP.O. Box 550, TruroNova Scotia B2N 5E3att: Regulations Handbook

CHAPTER 2PLANNING TO REDUCE ENVIRONMENTAL IMPACT

Introduction

Various agricultural activities have the potential to pollute or damage the environment. Itshould also be evident from the following chapters that there are a number of laws,regulations, standards, codes and guidelines that regulate agricultural activities as they interactwith the environment. It is the intent of this handbook to help farmers be aware of theseordinances so that they can be proactive in the way they practice agriculture. Farmers canalso take practical actions in managing their operations in order to reduce the risk of causingenvironmental damage and be in compliance with the law.

2.1 Environmental Farm Plans(EFP)

In order to be pro-active the Nova ScotiaFederation of Agriculture and the NSDepartment of Agriculture and Fisheries havedeveloped an Environmental Farm PlanProgram. This program is voluntary and itsgoal is to help farmers identify and assessenvironmental risk by examining their farmoperation from an environmental manage-ment perspective. It allows farmers toincorporate environmental considerationsinto their business decision making processrather than addressing environmental issueson a stop gap basis.

The EFP program was initiated in 1997 andmodified in 1999. The program includes thefollowing components:

1. Initial farm visit

2. On farm environmental review by anAgricultural Engineer

3. Documentation of the review findings

4. Presentation of the findings and anenvironmental farm plan (all aspects of theprocess are kept confidential)

5. Follow-up visit

Included in the assessment is a considerationof water use and management, farm wastemanagement, manure storage and handling,fertilizer management and livestock pro-duction, pest management practices,pesticide storage and application practices.

The Environmental Farm Plan is voluntaryat this time. It is recommended that farmersparticipate in this program. For furtherinformation regrading this program, contactthe Nova Scotia Federation of Agriculture oryour local Agricultural Resource Coordinator.


CHAPTER 3WATER USE AND MANAGEMENT

Introduction

Water is a valuable resource which we must share with other people and with the ecosystemin which we live. The agricultural industry is highly dependant on a quality source of waterfor many aspects of production, whether it be for growing crops, livestock, for sanitation ofequipment or application of pest control products. As with any industry or human activity,agricultural practices have the potential to adversely impact water quality. The followingdescribes the legislation which helps to protect and regulate the use of this valuable resource.

3.1 Water Supply3.1.1 Wells

An approval from the NS Department ofEnvironment and Labour is required for thewithdrawal or diversion of more than 23,000L of water per day from any surface orgroundwater source (Environment Act (NS),Activities Designation Regulations. Shouldthe water be extracted from a surface watersupply, the intake must be screened as perthe federal Fisheries Act.

The Well Construction Regulations of theEnvironment Act (NS) regulate all aspects ofthe construction, maintenance andabandonment of wells. It is mandatory thatdrilled well construction be carried out by alicensed well contractor. However, if aproducer were to dig their own well, the wellconstruction must meet all the requirementsfor the Well Construction Regulations,which include the following items:

1. During construction or maintenance alldebris should be removed from within andaround the well, and the well must bedisinfected using a method approved byan inspector.

2. No wells can be built in such a manner orlocation that surface water may enter thewell or aquifer.

3. Wells must be located at minimumspecified distances from potential con-taminant sources as follows:

– 61 m from a cesspool receiving raw sewage

(this applies to manure storagelagoons)

– 15.2 m (drilled well) or 30.5 m (dug well)from a seepage (leaching) pit, filter bed,soil adsorption field, earth pit, privy, orsimilar disposal unit; septic tank, concretevault privy, sewer of tightly joined tile orequivalent material or sewer connectedfoundation drain

– 3 m from a sewer of cast iron with leadedor approved mechanical joints, indepen-dent clear water drain or cistern

– 610 mm from a pump house floor drain,cast iron with leaded joints, draining toground surface

– 1.5 m of a property boundary– 6.1 m from the outer boundary of any road

or public highway unless approved by aninspector

It is recommended that the “Guidelines forthe Management and Use of Animal Manurein Nova Scotia” be consulted for separationdistances from wells and manure spreadingoperations.

Wells must be maintained to ensure they donot pose a safety or environmental hazard.

Abandoned or unused wells must be sealedto prevent the vertical movement of waterinto the well, and wells maintained for futureuse must be sealed in a manner approved byan NSDEL inspector.

For additional details on well abandonmentprocedures, consult your local NSDEL office.


3.1.2 Ponds

An approval from the NS Department ofEnvironment and Labour is required for thestorage of more than 25,000 m3 of water(Environment Act, (NS), Activities Designa-tion Regulations . This would cover mostagricultural ponds.

When extracting water from a water body(stream, lake or pond) that may contain fish,the federal Fisheries Act requires that thepump intake be screened to prevent fish frombeing drawn into the pump.

There is also a requirement for maintenanceof a minimum flow in the watercourse, andan assessment to ensure that the waterwithdrawal rate will not exceed the capabilityof the watercourse.

3.2 Ditches and Watercourses

An approval from the NS Department ofEnvironment and Labour is required for theconstruction or maintenance of a dam, theremoval of material from a surfacewatercourse, the diversion of a watercoursefrom its natural channel, the dredging ormodification of a surface watercourse, theplacement of rock or other erosion controlmaterial in a surface water course, or anyother alteration of a surface watercourse orthe flow of water. Other alterations wouldinclude stream crossings/fords. (Environ-ment Act (NS), Activities DesignationRegulations.

An environmental assessment is required fora project which involves the transfer of waterbetween drainage basins where the drainagearea to be diverted is greater than 1 km2

(Environment Act (NS) EnvironmentalAssessment Regulations). In this act“watershed” means the area drained by, orcontributing to a stream, lake or other bodyof water. It is possible for larger farms, orfarms which have land holdings in morethan one location to be part of two or morewatersheds.

An approval is required for the constructionof any dam or obstruction of a watercourseor any other construction which alters thewatercourse, or may affect the watercourseand/or the quality of the water or fish habitatas per the federal Fisheries Act. If such aconstruction obstructs the movement of fish,the construction of a fish way may berequired by Fisheries and Oceans Canada(Fisheries Act).

Under the Environment Act (NS) a manmadeditch is not a water course.

Some municipalities have by-laws specifyingbuffer strips along streams. Check with themunicipal office in your area to determine ifby-laws regarding buffer strips are in effect.

The Ditches and Water Courses Act (ServiceNova Scotia and Municipal Relations)provides for agreements between landowners to build, widen or deepen ditches toremove run off from their properties. Theagreements apply to new owners of the samelands until the municipally appointedengineer decides otherwise. The ditchcannot affect other owners’ lands withouttheir consent. The Act provides disputeresolution mechanisms for disputes betweenowners who have entered into theseagreements. The municipal clerk is thecontact person in the case of disputes.

3.3 Wetlands

The “Wetlands Directive” of the NSDepartment of Environment and Labourstates that an area which is in activeagricultural use, dykeland, existing cranberrybog1, etc., is not a wetland for the purposesof the Act and its regulations. The followingprovisions, therefore would not apply tothese areas.

1 Note: The term cranberry bog refers to a manmade structure which is only flooded undercontrolled conditions as part of cranberry cropmanagement.


An environmental assessment under the NSDepartment of Environment and Labour isrequired for any activity which disrupts 2 haor more of any wetland (Environment Act,Environmental Assessment Regulationsschedule “A” F.2). An approval from the NSDepartment of Environment and Labour isrequired for any activity which takes placeon or may disrupt any wetland of less than 2ha (Environment Act, Activities DesignationRegulations).

3.4 Dykelands

Dykelands are regulated under the provincialAgricultural Marshland Conservation Act.Under this act, no development shall, onand after November 7, 2000, be carried outin a marshland section unless authorized bythe Marshland Administrator or thedevelopment conforms with generallyaccepted farming practices that do notrequire structures to be built. “Development”includes the erection, construction, alter-ation, placement, location, replacement orrelocation of, or addition to, a structure or achange or alteration in the use made of landsor structures.

There is an exemption under theEnvironment Act, Activities DesignationsRegulations that any development must beapproved by the Marsh Body (boardappointed to administer the marsh).

3.5 Watercourse Protection

Regulations have been added to the ForestsAct, Wildlife Habitat and WatercoursesProtection Regulations, which must befollowed when forest harvesting takes placeon any woodland in Nova Scotia. Theserequire: 1. Leaving buffer strips (specialmanagement zones) along water-courses,2. Leaving legacy trees/wildlife clumps,3. Leaving coarse woody debris. The firstrequirement applies to the protection ofwatercourses.

Alteration of a water course by activitiesrelated to wood lot management, and otheractivities such as stream crossings, theplacement of rock or other erosion protectionmaterial in a surface watercourse; or any otheralteration of a surface watercourse or the flowof the water therein, is designated as anactivity under the provincial EnvironmentAct, Activities Designation Regulations.This requires an approval from the NSDepartment of Environment and Labour

3.6 Livestock Access To NaturalWater Bodies

Over the past many years people havebecome more aware of the impact thatlivestock operations can have on the naturalenvironment. Complaints over cattle havingaccess to, or standing in, streams and rivershave become more frequent. While there isno law that specifically says “you shall notallow your cattle to enter a natural waterbody”, there are several laws which in effectsay this in other ways. The key ones amongthese are:

1. The federal Fisheries Act states that noperson shall alter fish habitat withoutapproval and “no person shall deposit orpermit the deposit of a deleterious sub-stance of any type in water frequented byfish” or where the substance may enterwater frequented by fish.

2. The provincial Environment Act alsobasically says that no one can release(knowingly or not) into the environmenta substance that causes or may cause asignificant adverse effect.

These laws are significant because thebacteria and nutrients from the feces andurine of cattle qualify as deleterioussubstances that may cause a significantadverse effect. Almost all of our waters arefrequented by fish or flow into areasfrequented by fish. As well, the uncontrolledtrampling of cattle on the banks of streams


and on stream bottoms can disturb soil andstream sediments leading to siltation. Silt isalso deemed a deleterious substance underthe federal Fisheries Act.

If you are a livestock producer and your cattlecurrently have access to a natural water body(stream, river, brook, lake, natural pond, ornatural wetland) then there are a few stepsyou should take.

1. You should restrict your cattle’s access tothe natural water body using some formof fencing.

2. You should invest in an alternativewatering system for your cattle.

3. If your cattle must cross a natural waterbody to get from one field to another, youshould construct a properly designed andpermitted stream crossing. This activityrequires an approval from the NSDepartment of Environment and Labour(Environment Act, Activities DesignationRegulations) and approved by theFisheries and Oceans Canada). Fisheriesand Oceans Canada has a useful brochureon their website at http://www.dfo-mpo.gc.ca/habitat/law_req/index_e.aspentitled “Fish Habitat Conservation andProtection - What The Law Requires”

which explains section 35 (2) of the federalFisheries Act on habitat alterations andapprovals.

3.7 Designation of ProtectedWater Areas

Protected Water Areas may be applied tosurface water supply areas as well as groundwater supply areas.

Under the Environment Act (NS), TheMinister, when requested by an operator ofa water works or proposed water works, maydesignate an area surrounding any source orfuture source of water supply for a waterworks as a protected water area. This allowswater utility owners to restrict activitiesincluding agriculture in a designatedwatershed. Setbacks and other restrictionsmay also apply. While it is advised that waterutility owners purchase all land within adesignated watershed, there may be somecases where this is not possible. Guidelineshave been prepared for agricultural practiceswithin designated water sheds. Refer toRecommended Agricultural Practiceswithin Municipal Drinking Water SupplyAreas in Nova Scotia.


CHAPTER 4FARM WASTE MANAGEMENT

Introduction

There are a number of waste products which are produced or accumulated by any farmoperation. These include solid wastes such as plastics, wood, brush, twine and liquid wastessuch as milkhouse washwater, silage leachate and used oil. The following outlines legislationwhich regulate the disposal of these wastes. Animal wastes and pesticide wastes will bedealt with in separate sections.

4.1 Solid Waste

The Solid Waste Resource ManagementRegulations of the provincial EnvironmentAct regulate the way in which solid wastesgenerated on the farm can be disposed of.The following sections summarize theseregulations.

4.1.1 Dumps

Under the Solid Waste ResourceManagement Regulations (NS DepartmentEnvironment and Labour), it is illegal to“own, construct, manage, operate, alter ormodify a landfill, incinerator, ash disposalsite, or disposal site for construction ordemolition debris without obtainingapproval from the Minister”. This means thatit is generally illegal to dump solid wasteson the farm. Some exceptions to this outlinedin the regulations are:

“rock (excluding rock containing asulphide bearing material), aggregate, soilbricks, mortar, concrete, asphalt, pave-ment, porcelain or ceramic materials, tress,brush, limbs, stumps, root balls, organicmat, and milled wood that is free ofadhesives, coatings or preservatives”.

4.1.2 Designated Materials

The Solid Waste Resource ManagementRegulations identify a number of designatedmaterials which are banned from landfills.The list of materials includes the following,which are taken from Schedule B of theregulations.

• Redeemed beverage containers – Ethyleneglycol (automotive antifreeze)

• Corrugated cardboard – Compostableorganic material

• Newsprint – Steel/tin food containers• Used tires – Glass food containers• Lead-acid (automotive) batteries – Low-

density polyethylene bags and packaging• Leaf and yard waste – High-density

polyethylene bags and• Waste paint – packaging

This requires that you find alternativemethods of disposing of these materials suchas recycling, composting, or returning toplace of purchase as appropriate.

4.1.3 Burning

There is a prohibition on the burning of tires,waste dangerous goods, used oil, materialscontaining rubber or plastic, railway ties orother woods treated with preservative andasphalt shingles in the provincialEnvironment Act, Air Quality Regulations,Schedule “B”. As a result, tires, used oil, etc.may not be burned or used to facilitate theburning of brush piles.

The burning of municipal solid wastes is alsoprohibited under the Environment Act,Solid Waste Resource ManagementRegulations. “Municipal solid waste” meansgarbage, refuse, sludge, rubbish, tailings,debris, litter and other discarded materialsresulting from residential, commercial,institutional and industrial activities whichare commonly accepted at a municipal solid


waste management facility, but excludeswastes from industrial activities regulated byan approval issued under the Act.

Various permits may be required beforeundertaking burning operations on yourfarm such as disposal of brush piles orburning of blueberry fields. You are advisedto check with your municipal office todetermine if municipal burning permits arerequired.

Under the Forest Fire Protection Regulationsof the provincial Forests Act, a burningpermit from the Department of NaturalResources is required to “set, start, kindle ormaintain a fire in the woods or within 1000ft of the woods” during the forest fire season1.Please consult with your local office of theDepartment of Natural Resources todetermine the type of permit and specificconditions and stipulations which apply inyour situation. Also note that permits aresometimes required from both theDepartment of Natural Resources and theMunicipality.

1 The forest fire season for Yarmouth, Digby,Shelburne, Kings, Annapolis, Queens andLunenburg is April 1st through October 15thinclusive. For All other counties it is April 15ththrough October 15th inclusive.

4.2 Liquid Waste

Many liquid wastes, such as milkhouse washwater, silage leachate, field runoff, etc.,generated by the farm are not specificallyregulated. However, liquid wastes releasedinto the environment, ie applied to land,entering surface or groundwater in levelsconsidered to be deleterious could triggercharges under four separate pieces oflegislation, the Canadian EnvironmentalProtection Act (CEPA), the federal FisheriesAct, the Health Act (NS), or the EnvironmentAct (NS). These wastes should be contained,handled and disposed of in a manner whichprevents their entry into surface orgroundwater.

The following section outlines specific liquidwastes for which regulations do exist (notemanure and pesticides are discussed inCHAPTERs 5 and 10).

4.2.1 Storage and Disposal ofUsed Oil

Used oil should be safely stored as per therequirements defined in the NS Departmentof Environment and Labour’s Guidelines forthe Storage of Used Oil. The disposal of usedoil is regulated by the Used Oil Regulationsunder the provincial Environment Act.

Under these regulations, used oil is definedas petroleum or synthetic lubrication oils,hydraulic fluids, metal working fluids andinsulating fluids which have been used andare no longer suitable for their originalpurpose, but are suitable for other uses,including re-refining or other uses that areconsidered acceptable to the Minister.Contaminated used oil is defined as used oilthat has a flash point less than 380C orcontains any of the substances listed inColumn I of Schedule “A” in a concentrationin excess of the limit stated in Column II ofSchedule “A” of the Used Oil Regulations.The chief contaminants of concern includePCBs, Total Organic Halocarbons (aschlorine), cadmium, chromium, and lead.

Under these regulations the followingrestrictions apply:

1. Used oil or contaminated used oil must bedisposed of by transfer to a NSDEL licencedused oil collector or an NSDEL approvedused oil storage facility.

2. Used crankcase oil may also be returnedto a used oil return facility (volumelimitations may apply – check with theseller of the crankcase oil for locations ofreturn facilities)

3. Used crankcase oil generated on site maybe burned only in NSDEL registered usedoil furnaces.


4. Used oil may NOT be applied to “a publicor private highway, road, lane, trail, bridge,parking area or any land for any purposeincluding dust suppression”.

Under the Emergency Spill Regulations,Schedule “A” spills of used oil greater than100 Litres or spills of contaminated used oilgreater than 5 Litres must be reported by

calling the environmental emergenciescentre at 1-800-565-1633. Following thereporting of a spill, the person responsiblefor the petroleum storage must provide allinformation required by the emergencyresponder from the NS Department ofEnvironment and Labour and must complywith all orders issued under the EmergencySpill Regulations.

CHAPTER 5MANURE STORAGE HANDLING AND USE

Introduction

Proper management of manure storages and manure spreading can decrease the potentialfor odour generation and environmental pollution. Manure storage is a necessary part oflivestock production, since incorporation of manure into the soil or spreading on the soilshould only be done at certain times of the year. The following legislation and guidelinesapply to all livestock operations including beef, dairy, sheep, goat, turkey, layer, swine, broiler,hogs and mink where the storage, handling and use of animal manure constitutes a significantcomponent of the farm operation.

Livestock manure has the potential to contaminate both surface water and groundwatersupplies. Manure entering surface water or groundwater in levels considered to be deleteriouscould trigger charges under four separate pieces of legislation, the Canadian EnvironmentalProtections Act (CEPA), the federal Fisheries Act, the Health Act (NS), or the EnvironmentAct (NS). Manure should be contained, handled and applied in a manner which prevents itsentry into surface water or groundwater.

5.1 Manure Storage

In general, the storage of manure is notregulated under Federal or Provincial Statutesat present. However, an environmentalassessment through the NS Department ofEnvironment and Labour is required on anystorage holding more than 5000 m3 of liquidor gaseous substances, which would includeliquid manure (Environment Act,Environmental Assessment Regulations).

Under Municipal by-laws, the location ofmanure storages, as well as setback distancesfrom neighbouring properties and or streams,may be regulated. For information onsetbacks within your community, pleasecontact your municipal office for by-lawinformation.

Where specific by-laws do not exist it isrecommended that the setbacks in the“Guidelines for the Management and Useof Animal Manure in Nova Scotia” befollowed.

Under Municipal by-laws a developmentpermit or building permit may be requiredfor the construction of a manure storage. Forinformation on building permits within yourcommunity, please contact your municipaloffice for by-law information.

Also, a variance ruling would be required forconstruction on land that is protected asmarshland under the AgriculturalMarshland Conservation Act (NS).


CHAPTER 6FERTILIZER

Introduction

Fertilizers have the potential to be contaminants in both surface and groundwater supplies.Fertilizer entering surface or groundwater in levels considered to be deleterious could triggercharges under four separate pieces of legislation, the Canadian Environmental ProtectionAct (CEPA), the federal Fisheries Act, the Health Act (NS), or the Environment Act (NS).Fertilizers should be stored, handled and applied in a manner which prevents its entry intosurface or groundwater.

6.1 Storage

Only storage of very large quantities offertilizer, generally in excess of that used bymost farms, is regulated. An approval fromthe NS Department of Environment andLabour is required for the construction oroperation of a storage facility that has thecapacity to store 250t or more of anhydrousammonia or 500t or more of granular orprilled ammonia phosphate, ammoniumnitrate or urea fertilizer products (Environ-ment Act (NS), Activities DesignationRegulations).

6.2 Spills

Under section 5 of the Environment Act (NS)Emergency Spill Regulations and Schedule“A” spills of 50L or 50kg or more ofmiscellaneous products must be reported bycalling the environmental emergenciescentre at 1-800-565-1633. Following thereporting of a spill, the person responsiblefor the fertilizer must provide all informationrequired by the emergency responder fromthe NS Department of Environment andLabour. As well they must comply with allorders issued under the Emergency SpillRegulations.

A person responsible must also initiatecontainment and cleanup of a spill as soonas possible after they are aware of the spill.


CHAPTER 7LIVESTOCK PRODUCTION

Introduction

The following section deals with legislation and regulations affecting areas of livestockproduction other than waste production. These include livestock facilities, stocking densityand fencing regulations.

7.1 Livestock Facilities

Construction of livestock facilities isregulated by municipal by-laws. In mostmunicipalities a development permit orbuilding permit is required for theconstruction of a livestock facility. Be sureto consult your municipal office to find outthe requirements for your location.

Livestock facilities must be constructed inaccordance with the “National FarmBuilding Code of Canada”.

Location of livestock facilities may beregulated by Municipal by-laws. Thesecontrol both the location (zones) in whichlivestock operations are permitted, and thesetbacks required. If you farm in one of thesemunicipalities, please contact your municipaloffice for by-law information.

7.2 Stocking Density

Some municipalities and planning areasregulate livestock stocking densities, inplanning areas, for both commerciallivestock and household livestock operations.The definitions for commercial andhousehold livestock operations as well as thevarious conversions for animal type varyfrom by-law to by-law. Refer to the currentby-laws, or contact the local developmentofficer for the pertinent definition andconversions.

Where no specific municipal by-lawrestrictions apply it is recommended thatfigure 2, “Minimal Annual Hectareage

Required for Manure Application” of the“Guidelines for the Management and Useof Animal Manures in Nova Scotia” beutilized.

7.3 Fencing and Restraint

The provincial Fences and Detention ofStray Livestock Act requires the owner of alivestock farm to build and maintain fencesto prevent his livestock from escaping fromthe farm. It requires the owner of anadjoining non-livestock farm not to plant orcultivate any crop other than hay or pasturecloser than eight feet to the livestock owner’sfence, that would constitute an enticementto livestock. The Act requires owners ofadjoining livestock farms to share the costsof building and maintaining fences.Livestock means cattle, horses, ponies, mules,sheep, swine and goats. The Act applies onlyto municipalities designated by the Governorin Council. Sixteen municipalities weredesignated as of 2002. Check with yourmunicipal office as to their status under thisact.

The Fences and Detention of Stray LivestockAct was amended in 2002. The changes arefound in the Agriculture AdministrationAmendment Act.

For those municipalities not designatedunder the previous Act, the Fences andImpounding of Animals Act (NS) requires theproprietor of a field adjoining anotherimproved and enclosed field to build ormaintain his proportion of the fencing.Fences are to be built of stones, pickets,


boards, logs, poles, brush, posts and rails, orposts and wire, barbed or plain, unless thelands are bounded by unfordable ponds,rivers or the sea or surrounded by hedges.The fences must be at least four and a halffeet high, except stone walls and picket,board and wire fences which shall be at leastfour feet high. Owners of wood or barren orburnt lands not under improvement are notcompelled to have fences.

The Act prohibits animals to run at largewhere a municipal bylaw prohibits it andprovides for damages from the owner of ananimal who breaks another’s fence. The Act

provides for impounding animals. Animalsmeans horses, asses, mules, cattle, sheep,goats and swine.

The type of fencing permitted may beregulated by municipal by-law under theprovisions of the Municipal Government Act(NS). Check with your municipal office todetermine if by-laws are in effect.

While fencing of livestock from watercoursesis not currently regulated, it is therecommended practice within the“Guidelines for the Management and Useof Animal Manure in Nova Scotia”.

CHAPTER 8SOIL MANAGEMENT

Introduction

In general, there are no specific pieces of legislation, regulations, or by-laws which deal withsoil management. However, “release” of sediment into surface water can trigger chargesunder three separate pieces of legislation, the Canadian Environmental Protection Act(CEPA), the federal Fisheries Act, or the Environment Act (NS). In particular, Fisheries andOceans Canada, which administers the Fisheries Act, is very concerned about sedimententering streams, particularly those which are spawning grounds for salmonoids (salmonand trout). Fisheries and Oceans Canada has set a standard of 25 mg/L of sediment in water.If water running off from your farm can be shown to exceed this amount, you may becharged under the federal Fisheries Act or the provincial Environment Act.


CHAPTER 9PETROLEUM STORAGE AND HANDLING

Introduction

The storage, handling and disposal of petroleum products is highly regulated. Producersshould be aware that virtually every aspect of the process will require compliance with someform of regulatory control. This section will assist in identifying the issues and requirementssurrounding petroleum products on the farm.

9.1 Storage and Handling

The management of petroleum products isregulated by the Petroleum ManagementRegulations under the provincialEnvironment Act. Under the regulations, thefollowing general conditions apply:

1. No person shall install an undergroundstorage tank system with a capacity lessthan 2000 Litres.

2. Steel underground tanks installed prior to1995 are subject to service life restrictions(e.g.15 years) depending on constructionspecifications. Section 15 of the PetroleumManagement Regulations should bereferenced to determine service liferestrictions.

3. All aboveground storage tanks with acombined capacity greater than 4000 L andunderground storage tanks with acombined capacity greater than 2000 Lshall register the system with theDepartment of Environment and Labour.

With the proclaiming of the PetroleumManagement Regulations in March of 2002,NSDEL no longer requires approvals for theinstallation of storage tanks. Instead of anapproval, the tank owner must submit aprenotification form to NSDEL for any new tankinstallation and the installer submits aninstallation report once the work is completed.

4. No person shall install, alter or remove astorage tank system unless that personholds a certificate of qualification as alicensed petroleum storage tank installer.

5. Anyone who constructs, installs or altersa new or relocated storage tank systemshall meet the minimum requirements setforth in the Nova Scotia Standards for theConstruction and Installation forPetroleum Storage Tank Systems (1997edition)

Agricultural operations with petroleumstorage facilities should review the PetroleumManagement Regulations as well as anyother applicable legislation (i.e. Fire Code,Municipal Bylaws). The local office of the NSDepartment of Environment and Labour mayalso be contacted for any inquiries on thespecific requirements of the PetroleumManagement Regulations.

Agricultural operations with smaller systemsshould ensure that the system is managedin such a way as to prevent leaks or spillsfrom entering the environment. Further, itis a recommended practice to monitor thetank system in a fashion similar to that setout in the Petroleum ManagementRegulations. Such monitoring allows earlydetection of leaks (or theft) which will serveto both protect the environment and savemoney.

9.2 Spills

Under section 10 of the PetroleumManagement Regulations spills of petroleumproducts must immediately be reported as setout in the Emergency Spill Regulations.According to these regulations spills of 100


litres or more of flammable liquids (includingpetroleum) must be reported by contactingthe environmental emergencies reportingcentre by telephone at (902) 426-6030 or at1-800-565-1633. Following the reporting ofa spill, the person responsible for the spilland/or the person responsible for thepetroleum storage system must provide allreasonable assistance and informationrequired by the NS Department ofEnvironment and Labour Inspector in orderthat the inspector can carry out their duties

pursuant to the provincial Environment Act.They must also comply with all orders issuedunder the Emergency Spill Regulations.

Further, for any petroleum leak or spill (noamount limit) all steps must be taken thatare necessary to end the leak or spill and thearea affected and the environment mustrehabilitate the environment to a standardprescribed by the NS Department ofEnvironment and Labour.

CHAPTER 10PESTICIDES

Introduction

Pesticides, while important in agricultural production, do pose risks to human health,especially to those applying them, and to the environment. Their registration, sale, use,storage and disposal are strictly regulated. The legislation which pertains to pesticides isdiscussed in this section.

Pesticide storage, handling and use are regulated under the federal Pest Control ProductsAct and the provincial Environment Act. However, spills and/or release of pesticides intosurface and/or groundwater can trigger charges under four separate pieces of legislation, theCanadian Environmental Protection Act (CEPA), the federal Fisheries Act, the Health Act(NS), or the Environment Act (NS).

The federal Pest Control Products Act makes it mandatory to follow all directions andlimitations shown on the label of the pest control product. The Pesticide Regulations of theEnvironment Act (NS), stipulates a similar requirement. The pesticide label is a legal document.Pesticides must be used according to the instructions on the label. If label directions are notfollowed, laws are being broken.

The federal Pest Control Products Act and the Pesticide Regulations of the provincialEnvironment Act stipulate that only products registered in accordance with the federal PestControl Products Act can be used.


10.1 Storage

Under the Pesticide Regulations of theprovincial Environment Act all pesticidesmust be stored in the labelled manufacturerscontainer. Producers storing greater than 25L of liquid product or 25 kg of solid productmust store the product in a pesticide storagefacility which prevents uncontrolled releaseof the pesticide (Pesticide Regulations of theEnvironment Act). Further, they must havea listing of the pesticides stored in the facilityalong with estimated quantities available atthe request of local fire officials, the doormust be clearly placarded and emergencyphone numbers posted.

10.2 Handling and Application

Under the provincial Pesticide Regulationsof the Environment Act (NS) a certificate ofqualification (pesticide applicators certificate)is required for all agricultural operators usingcommercial class or restricted class pestcontrol products. However, it is possible fora certified applicator to supervise non-certified applicators.

Section 21 of the provincial PesticideRegulations of the Environment Actstipulates that pesticides cannot be appliedin a designated protected water area unlessthe protected water area regulations arecomplied with. Pesticides are prohibitedaltogether in some of the protected watersupply areas. If your operation falls within adesignated protected water area check withthe water utility operator to find out therestrictions before thinking of using pestcontrol products. Not every municipal watersupply area in Nova Scotia has beendesignated as a Protected Water Area underthe Environment Act.

An approval from NSDEL is required forapplication of a pesticide over or on a surfacewatercourse and for all aerial application ofa pesticide (Activities DesignationRegulations of the Environment Act).

Setbacks for application of pesticidesgenerally take two forms: (1) those specifiedon the label, and (2) those specified in eitherMunicipal bylaws or in regulations forProtected Water Areas designated under theprovincial Environment Act.

Buffer zones specified on the pesticide labelapply to downwind applications only.

10.3 Disposal

Under the provincial Pesticide Regulationsof the Environment Act, sprayers must befilled, flushed or cleaned in such a way thatcontamination will not result, containersmust be disposed of at a container collectionfacility, and unused product must be disposedof in a manner specified on the label and insuch a way that contamination will notresult.

10.4 Spills

Under the Emergency Spill Regulations ofthe Environment Act, Schedule “A”, spillsof concentrated pesticide of 5 L or 5 kg ormore and dilute pesticide of 70 L or moremust be reported by calling theenvironmental emergencies centre at 1-800-565-1633. Following the reporting of a spill,the person responsible must provideinformation required by the emergencyresponder from the NS Department ofEnvironment and Labour. They must alsocomply with all orders issued under theEmergency Spill Regulations.

A person responsible must also initiatecontainment and cleanup of a spill as soonas possible after they are aware of the spill,using all possible safety precautions.


CHAPTER 11NUISANCE

Introduction

Nuisance is generally defined as something which “impairs the reasonable enjoyment oflife or property”. A nuisance could be noise, odour, dust or other airborne material, vibration,or any other thing that can affect enjoyment of life and property. In general, nuisance is acommon law rather than statutory law matter. The provincial Environment Act, however,defines adverse effect as “an effect that impairs or damages the environment, including anadverse effect respecting the health of humans or the reasonable enjoyment of life orproperty”, making it possible for nuisance to be a statutory offense under the provincialEnvironment Act. Note that the provincial Environment Act prohibits the release of anysubstance which causes a “significant” adverse effect. While most nuisance problems do notresult in a “significant” adverse effect, there are regulatory limits for some parameters suchis dust and hydrogen sulphide as stipulated in the Air Quality Regulations.

11.1 Farm Practices

The Farm Practices Act, replaced theAgricultural Operations Protection Act inJune of 2000. This act is designed to providea mechanism for the establishment of normalfarm practices and to protect farmers whoare following normal farm practices from civilaction due to nuisance or negligence. Itestablishes a committee (The Farm PracticesBoard) to review complaints of nuisancebrought against farmers. The committeedetermines if the farmer is following “normalfarm practices”. If the ruling is in favour ofthe farmer the farmer cannot be sued fornuisance in civil court. The board may alsorecommend changes to the farmers’

operation to mitigate the circumstance. Theprovincial Farm Practices Act also allows forthe development of codes of practice thatdefine a normal farm practice. So far therehas not been any development of codes ofpractice.

Decisions of the board may be appealed tothe Supreme Court of Nova Scotia. Nomunicipal by-law respecting a nuisance,activity or other disturbance applies torestrict a normal farm practice carried on aspart of an agricultural operation. However,nothing in this Act affects the ability of amunicipality to apply a municipal planningstrategy or land-use by-law to farm land.


CHAPTER 12ENERGY EFFICIENCY

Introduction

Both the federal and provincial government have passed energy efficiency legislation. Thislegislation regulates the types of equipment which can be sold in Canada and does notapply directly to farm operations, as all new equipment purchased should meet the standardsset out in these laws. At present, used equipment is not covered by these Acts and theirregulations.

CHAPTER 13WILDLIFE MANAGEMENT

Introduction

The agricultural landscape provides many important wildlife habitats and farmers play amajor role in maintaining the quality of these habitats. Legislation has been implementedto protect and preserve wildlife and wildlife habitat.

13.1 Endangered Species

The Nova Scotia Provincial governmentenacted the Endangered Species Act in 1998.The Federal Species at Risk Act wasproclaimed on June 4, 2003. Under theprovincial act no person shall destroy,disturb or interfere with or attempt todestroy, disturb or interfere with the specificdwelling place or area occupied or habituallyoccupied by one or more individuals orpopulations of an endangered or threatenedspecies, including the nest, nest shelter,hibernaculum or den of an endangered orthreatened species. Most farms have beenestablished for many years and the likelihoodof a terrestrial type endangered species beingfound there is extremely remote. Howeveraquatic and riparian species, both plants andanimals, are likely to be found anywhere inthe province. Good farming practices, suchas leaving effective watercourse buffers (orre-establishing them), preventing nutrientinputs to watercourses and following spraybuffer zones stated on pesticide labels, shouldprovide a level of protection for these species.

13.2 Wildlife Habitat

Wildlife Habitat and WatercoursesProtection Regulations have been addedunder the Forests Act(NS). Under theseregulations when forest harvesting takesplace on any woodland in Nova Scotia youmust leave at least a 20 metre (66 feet) widestrip, called a Special Management Zone(SMZ), along each edge of the watercourse.Partial harvesting, under certain conditions,is permitted within the Special ManagementZone. Refer also to section 3.5 on CHAPTER3.

When harvesting any area larger than 3hectares (7.4 acres), leave at least 10 livingtrees standing (future cavity trees) for eachhectare harvested, leave these trees inclumps, with a minimum of 30 trees perclump.

When harvesting leave standing dead treesand as much large woody debris on theharvested area as possible.

This does not apply to land being cleared foragricultural use.


CHAPTER 14AIR QUALITY

Introduction

Agricultural activities may also impact air quality. Agriculture has been indicated as asignificant source of “Greenhouse Gas” emissions. As well, other air pollutants such asozone depleting substances are regulated.

14.1 Air Quality

Under the Environment Act (NS), farmoperations shall not exceed the maximumpermissible ground level concentrations forambient air quality prescribed in Schedule“A” of the Air Quality Regulations . Theseinclude, Carbon Monoxide, HydrogenSulphide, Nitrogen Dioxide, Ozone and

Sulphur Dioxide. Farm operators should alsobe aware of the Ozone Layer ProtectionRegulations of the provincial EnvironmentAct, which prohibits the release of ozonedepleting substances.


15.1 Special Places Designation

The NS Department of Environment andLabour works with landowners who wish tovoluntarily protect significant natural areason their land by offering designations underthe Special Places Protection Act (NS) or theWilderness Areas Protection Act (NS). It willalso work with landowners on conservationeasements (a voluntary agreement providedfor under the Conservation Easements Act(NS), by which a landowner and aconservation group or agency can ensure theconservation of significant natural areas ona landowner’s property in perpetuity or for afixed term). The Department may also acceptdonations through the provincialEnvironment Act of land containingsignificant natural features, and works withother organizations to purchase of significantnatural areas for protection.

Organizations such as the Nova Scotia NatureTrust and the Nature Conservancy of Canadaoffer many of the same conservation optionsto landowners who prefer to work with non-governmental, charitable organizations.These options range from perpetualprotection under a piece of legislation, toprotection using self-management, throughto stewardship options.

Staff from the NS Department ofEnvironment and Labour, Protected AreasBranch, as well as from the above-mentionedorganizations, are available to help farmersidentify significant natural areas on theirproperties, and to discuss the optionsavailable to farmers who wish to voluntarilyconserve such areas.

CHAPTER 15NATURAL AREAS CONSERVATION

Introduction

Farm properties sometimes contain natural areas considered to be of significant value forthe biological features they support. Examples can include natural old forests, forests whichare periodically flooded, areas of gypsum or limestone sinkholes, caves, natural salt marshes,freshwater swamps, marshes, meadows, or bogs, or special habitats containing rare species.In areas where farming is extensive, even moderately sized patches of forest may havesignificant natural value, in providing homes or stopover areas to a great variety of species,especially in landscapes where those species have little else to choose from.

The NS Department of Environment and Labour, as well as some non-governmentalconservation organizations, such as the Nova Scotia Nature Trust and the Nature Conservancyof Canada, offer farmers a variety of options for those wishing to voluntarily conservesignificant natural areas on their farm properties. Conservation of natural areas is becomingrecognized as a component of environmental management systems.

Date post:	22-May-2018
Category:	Documents
Upload:	dinhhanh
View:	216 times
Download:	1 times

Environmental Regulations Handbook for Nova Scotia...

Documents