The Agricultural Operation Practices Act (AOPA) sets out mandatory standards and technical requirements to protect groundwater and surface water. These include a 100 metre setback for manure storage facilities from water wells and springs, and a 30 metre setback from a common body of water. Depending on the type of soil and depth to an aquifer, specific construction standards and liners are required to prevent leakage into groundwater.
Manure spreading setbacks from common bodies of water, run-on and run-off controls, and a requirement to obtain NRCB permission before applying manure to frozen or snow covered land are all intended to prevent manure contaminated run-off from affecting surface water.
The NRCB also conducts environmental risk screenings for all applications. The screenings identify any risks to groundwater or surface water that could be caused by a proposed or existing manure storage facility. NRCB inspectors also conduct environmental risk screenings to help respond to complaints, or for other enforcement action, when required.
When on site for an inspection, NRCB inspectors complete an inspection report form that also documents any surface water issues. The inspector follows up with the operator to correct any issues that are identified.
If a risk is identified, the operator is required to address the risk to the satisfaction of the NRCB, this may include groundwater monitoring. If the CFO was already required to monitor groundwater, the monitoring requirements may be amended.
If monitoring confirms that contamination is occurring, the NRCB uses enforcement action to address the risk.
The operator may be required to take immediate steps to stop and prevent further contamination. The operator may also be required to install run-on or run-off controls, to install or increase monitoring, to construct a new manure storage facility, or other responses as determined necessary by the inspector.
The NRCB uses a compliance and enforcement ladder. The operator’s voluntary compliance is the first step in the enforcement ladder, and is achieved in the majority of cases. If necessary, enforcement can escalate to written compliance directives, enforcement orders, and in the rare case, prosecution. Emergency orders are issued if there is an immediate and serious risk to the environment.
Enforcement orders, emergency orders, and compliance directives for unauthorized construction are all posted on the NRCB website until they are complied with.
Environmental Risk Screening Protection
NRCB field staff use an environmental risk screening tool (ERST) to provide a consistent, science-based way of determining whether a manure storage facility at a CFO could cause a risk to groundwater or surface water.
Approval officers use the tool for all AOPA permit applications. NRCB inspectors use the tool to help respond to complaints and other compliance issues.
The tool records information about the soil characteristics and depth to aquifers, and the construction of existing and proposed facilities and water wells. This information is scored to determine whether the facility poses a low, moderate, or high risk to groundwater and surface water.
Based on the results of the risk screening (low, moderate, or high), the NRCB can determine whether risks to groundwater or surface water are being appropriately managed. In many cases, minor operational changes or enhancements to operating requirements may be the appropriate response. If a risk to the environment is identified, the approval officer or inspector works with the operator to ensure that appropriate corrective action is taken.
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Surface Water Data Collection
The surface water inspection program began in 2013. Inspectors collect information about surface water quality every time they conduct a site inspection of a confined feeding operation. An annual report compiles the number of sites and inspections, the issues identified, and livestock types. The information is used to inform the NRCB’s compliance policy and how it prioritizes its resources to respond to severe weather events.
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Water Well Exemption Screening
To protect groundwater, the Agricultural Operation Practices Act (AOPA) requires manure storage facilities to be a minimum of 100 metres from a water well. Some sites, however, have geologic, topographical, or other characteristics that may prevent contamination of a well that is closer than 100 metres. The water well exemption screening tool provides approval officers with a consistent means of assessing the risk to a water well. If the assessment demonstrates that the water well won’t be affected by the manure storage facility, the approval officer may consider exempting the 100 metre distance requirement. The reasons for the exemption must be clearly explained in the decision summary issued with the permit.
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Programs 2010 - 2017
Risk Based Compliance Program
The risk based compliance program was introduced in 2010 and completed in 2016-17. The program was a one-time project to identify confined feeding operations that could pose a risk to groundwater. (Any surface water issues that required attention were also identified.) The environmental risk screening tool was used to identify potential risks or confirm their absence. In some cases, appropriate monitoring or modifications to a site were required, and existing monitoring requirements were adjusted as necessary.
Confined feeding operations were identified for the program if they met all three of the following criteria: 1) the facility was constructed before 2002 (before the Agricultural Operation Practices Act (AOPA) came into effect); 2) the facility was an earthen liquid manure storage; and 3) the facility was located in a region identified as having an aquifer with a high potential of vulnerability.
From the start of the program to its end, 170 confined feeding operations with a total of 213 facilities between them were evaluated. Of those, 176 facilities were identified as low risk to groundwater, 29 as moderate risk to groundwater, and eight as high risk to groundwater. Any surface water risks that were identified during the inspections were addressed.
Follow up includes an annual inspection and review of the risk scoring of all high-risk sites. Inspectors each review two moderate risk sites per year. Each low risk site is reviewed every four years.
Risk Based Compliance Program 2010-17
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CFOs screened since start
of program
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Facilities* ranked low risk to groundwater
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Facilities ranked moderate risk
to groundwater
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Facilities ranked high risk
to groundwater
|
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170
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176
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29
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8
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* A confined feeding operation often has more than one facility.
Leak Detection Program
The leak detection program was a one-time project from 2008 to 2011 to evaluate the risk to groundwater at operations that were required by their permits to conduct regular groundwater monitoring. The environmental risk screening tool (ERST) was developed for this project. The project ensured that appropriate monitoring was in place to reflect the actual risk at each site, as measured by an environmental risk screening. Follow up with operators was undertaken where issues were identified. The majority of operations were found to pose a low risk to groundwater.
The program was recognized in August 2011 with a Gold Premier’s Award of Excellence and in September 2011 with an Excellence Canada Award of Merit.
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