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B.C. Reg. 131/92 O.C. 557/92 |
Deposited April 9, 1992 |
This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here. |
[includes amendments up to B.C. Reg. 321/2004]
Contents | ||
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1 | Interpretation | |
2 | Exemptions |
Code of Agricultural Practice for Waste Management
1In this regulation:
"agricultural operation" means any agricultural operation or activity carried out on a farm including
(a)an operation or activity devoted to the production or keeping of livestock, poultry, farmed game, fur bearing animals, crops, grain, vegetables, milk, eggs, honey, mushrooms, horticultural products, tree fruits, berries, and
(b)the operation of machinery and equipment for agricultural waste management or application of fertilizers and soil conditioners;
"Code" means the Code of Agricultural Practice for Waste Management April 1, 1992 attached to this regulation.
2A person who carries out an agricultural operation in accordance with the Code is, for the purposes of carrying out that agricultural operation, exempt from section 6 (2) and (3) of the Environmental Management Act.
[am. B.C. Reg. 321/2004, s. 1.]
Code of Agricultural Practice for Waste Management,
April 1, 1992
[am. B.C. Reg. 321/2004, s. 2.]
Part 1 — Purpose
1The purpose of this Code is to describe practices for using, storing and managing agricultural waste that will result in agricultural waste being handled in an environmentally sound manner.
Part 2 — Interpretation
2(1) In this Code:
"agricultural unit" means a live weight of 455 kg (1 000 lbs) of livestock, poultry or farmed game or any combination of them that equals 455 kg;
"agricultural waste" includes manure, used mushroom medium and agricultural vegetation waste;
"confined livestock area" means an outdoor, non-grazing area where livestock, poultry or farmed game is confined by fences, other structures or topography including feedlots, paddocks, corrals, exercise yards and holding areas, but not including a seasonal feeding area;
"farmed game" means any animal held under the authority of a licence under the Game Farm Act;
"feedlot" means a fenced area where livestock, poultry or farmed game is confined solely for the purpose of growing or finishing and is sustained by means other than grazing;
"field storage" means a temporary stock of agricultural waste ready to be drawn upon for use as a crop fertilizer or soil conditioner;
"grazing area" means a pasture or rangeland where livestock, poultry or farmed game is primarily sustained by direct consumption of feed growing on the area;
"groundwater" means water below the surface of the ground;
"mortalities" means livestock, poultry or farmed game that has died and that is unmarketable;
"mushroom medium" means a mixture that is composted and used as a medium for growing mushrooms;
"pollution" means the presence in the environment of substances or contaminants that substantially alter or impair the usefulness of the environment;
"precipitation" means precipitation as determined by the Canadian Atmospheric Environmental Service Reports of Environment Canada;
"seasonal feeding area" means an area
(a)used for forage or other crop production, and
(b)used seasonally for feeding livestock, poultry or farmed game that is primarily sustained by supplemental feed,
but does not include a confined livestock area or grazing area;
"soilless medium" means a material that is manufactured for the growing of plants and may contain natural soils;
"solid agricultural waste" means agricultural waste that
(a)is 20% or more solid matter, and
(b)will not flow when piled;
"storage facility" includes a structure, reservoir, lagoon, cistern, gutter, tank or bermed area for containing agricultural waste prior to its use or disposal, but does not include a vehicle or any mobile equipment used for transportation or disposal of agricultural waste;
"watercourse" means a place that perennially or intermittently contains surface water, including a lake, river, creek, canal, spring, ravine, swamp, salt water marsh or bog, and including a drainage ditch leading into any of the foregoing;
"wood waste" includes hog fuel, mill ends, wood chips, bark and sawdust, but does not include demolition waste, construction waste, tree stumps, branches, logs or log ends.
(2) Repealed. [B.C. Reg. 321/2004, s. 2 (b).]
Part 3 — General
3Agricultural wastes, wood waste and mortalities must be collected, stored, handled, used and disposed of in accordance with this Code and in a manner that prevents pollution.
Part 4 — Storage and Use of Agricultural Waste
4Agricultural waste may be stored on a farm only if the waste is produced or used on that farm.
5When agricultural waste is stored, it must be stored
(a)in a storage facility,
(b)as field storage, or
(c)in the case of waste from fur bearing animals, under their outdoor pens.
6A storage facility must
(a)be of sufficient capacity to store all the agricultural waste produced or used on the farm for the period of time needed to allow for
(i)the application of agricultural waste as a fertilizer or soil conditioner, or
(ii)the removal of agricultural waste,
(b)prevent the escape of any agricultural waste that causes pollution, and
(c)be maintained in a manner to prevent pollution.
7(1) A storage facility must be located at least 15 m from any watercourse and 30 m from any source of water for domestic purposes.
(2) Subsection (1) does not apply to a storage facility existing prior to April 1, 1992 provided that a report
(a)demonstrating to the satisfaction of a director that no pollution of any watercourse or domestic water supply is occurring from the storage facility, and
(b)produced by
(i)a person with professional qualifications in the field of environmental assessment and licensed to practice in British Columbia, or
(ii)staff of the ministry of the minister charged with the administration of the Farm Practices Protection (Right to Farm) Act under a Best Agricultural Waste Management Plan
is made available to the director within 12 months of his or her request.
8(1) Solid agricultural waste may be stored on a field for 2 weeks or less if the agricultural waste is
(a)used within 2 weeks, and
(b)stored in a manner that prevents the escape of agricultural waste that causes pollution.
(2) Solid agricultural waste may be stored on a field for more than 2 weeks if the agricultural waste is
(a)stored for no longer than 9 months,
(b)located at least 30 m from any watercourse or any source of water used for domestic purposes, and
(c)stored in a manner that prevents the escape of agricultural waste that causes pollution.
(3) Berms or other works must be constructed around a field storage area if this is necessary to prevent the escape of agricultural waste that causes pollution.
9In areas of the Province, including the Fraser Valley and Vancouver Island, that receive a total average precipitation greater than 600 mm (24 in) during the months of October to April inclusive, field stored solid agricultural wastes, except agricultural vegetation waste, must be covered from October 1 to April 1 inclusive to prevent the escape of agricultural waste that causes pollution.
10(1) Agricultural waste from fur bearing animals may be stored under their outdoor pens for up to 9 months if the storage area under the pens
(a)prevents the escape of any agricultural wastes that causes pollution, and
(b)is located at least 15 m from a watercourse and 30 m from any source of water used for domestic purposes.
(2) Subsection (1) (b) does not apply to a pen constructed prior to April 1, 1992 provided that a report
(a)demonstrating to the satisfaction of a director that no pollution of any watercourse or domestic water supply is occurring from the under pen storage facility, and
(b)produced by
(i)a person with professional qualifications in the field of environmental assessment and licensed to practice in British Columbia, or
(ii)staff of the ministry of the minister charged with the administration of the Farm Practices Protection (Right to Farm) Act under a Best Agricultural Waste Management Plan
is made available to the director within 12 months of his or her request.
Part 5 — Application and Composting of Agricultural Waste
11Agricultural waste must not be directly discharged into a watercourse or groundwater.
12Agricultural waste must be applied to land only as a fertilizer or a soil conditioner.
13Agricultural waste must not be applied to the land if, due to meteorological, topographical or soil conditions or the rate of application, runoff or the escape of agricultural waste causes pollution of a watercourse or groundwater.
14Agricultural wastes must not be applied
(a)on frozen land,
(b)in diverting winds,
(c)on areas having standing water,
(d)on saturated soils, or
(e)at rates of application that exceed the amount required for crop growth,
if runoff or escape of agricultural waste causes pollution of a watercourse or groundwater, or goes beyond the farm boundary.
15Agricultural waste may be composted on a farm if
(a)the agricultural waste being composted consists only of agricultural waste
(i)produced on that farm, or
(ii)produced elsewhere but being composted for use on that farm only,
(b)the composting site is located at least 15 m from a watercourse and 30 m from any source of water used for domestic purposes, and
(c)the agricultural waste is composted in a manner that does not cause pollution.
16(1) Composting agricultural waste for the production of mushroom medium on a farm is allowed if
(a)the mushroom medium produced is used only on that farm,
(b)the composting site is located at least 15 m from a watercourse and 30 m from any source of water used for domestic purposes, and
(c)the medium is composted in a manner that does not cause pollution.
(2) Subsection (1) (a) and (b) does not apply to a composting operation and site existing prior to April 1, 1992 provided that a report
(a)demonstrating to the satisfaction of a director that no pollution of any watercourse or domestic water supply is occurring from the composting operation and site, and
(b)produced by
(i)a person with professional qualifications in the field of environmental assessment and licensed to practice in British Columbia, or
(ii)staff of the ministry of the minister charged with the administration of the Farm Practices Protection (Right to Farm) Act under a Best Agricultural Waste Management Plan
is completed by April 1, 1993 and is made available to the director at his or her request.
Part 6 — Agricultural Emissions
18Emissions from a wood fired boiler must not exceed 180 mg per cubic metre of particulate matter and 20% opacity, except that
(a)for a permanent wood fired boiler installed before April 1, 1992 and not operating under a waste management permit, emissions must not exceed 230 mg per cubic metre of particulate matter and 20% opacity, and
(b)for a permanent wood fired boiler installed before April 1, 1992 and operating under a waste management permit, the emission levels under that permit apply unless those levels are higher than the levels specified in (a).
19Nothing in this Code is intended to prohibit various odours from agricultural operations or activities on a farm, providing such operations or activities are carried out in accordance with this Code.
Part 7 — Storage and Use of Wood Waste
20Wood waste may only be used for
(a)plant mulch, soil conditioner, ground cover, on-farm access ways, livestock bedding and areas where livestock, poultry or farmed game are confined or exercised,
(b)berms for cranberry production, or
(c)fuel for wood fired boilers.
21Wood waste stored and used on a farm must be handled so as to prevent any escape of
(a)particulate or solid matter from the wood waste into the air, or
(b)particulate or solid matter or leachate from the wood waste into any watercourse or groundwater
that causes pollution.
22Wood waste used on the farm must not be used
(a)for landfill, and
(b)on sites within 30 m of any source of water used for domestic purposes with the exception of existing sites under use prior to April 1, 1992, provided that this use is not causing pollution.
Part 8 — On-farm Disposal of Mortalities
23(1) Mortalities may be disposed of on-farm by burial or incineration if
(a)the mortalities are livestock, poultry or farmed game disposed of on the farm where they died,
(b)the disposal does not cause pollution,
(c)where disposal is to land, the burial pits are covered, located at least 30 m from any source of water used for domestic purposes and constructed to prevent the escape of any agricultural waste that causes pollution, and
(d)where disposal is by incineration, the emissions from an incinerator do not exceed 180 mg per cubic metre of particulate matter and 20% opacity, except that
(i)for a permanent incinerator installed before April 1, 1992 and not operating under a waste management permit, emissions must not exceed 230 mg per cubic metre of particulate matter and 20% opacity, and
(ii)for a permanent incinerator installed before April 1, 1992 and operating under a waste management permit, the emission levels required by that permit apply unless those levels exceed the levels specified in (i).
24Mortalities may be composted on-farm if
(a)the mortalities are composted on the farm where they died,
(b)the composting site is located at least 15 m from a watercourse and 30 m from any source of water used for domestic purposes, and
(c)the composting does not cause pollution.
Part 9 — Feeding Areas and Access to Water
25Livestock, poultry or farmed game feeding within a grazing area may have access to watercourses, provided that the agricultural waste produced by that livestock, poultry or farmed game does not cause pollution.
26(1) A seasonal feeding area for livestock, poultry or farmed game must
(a)be operated in a way that does not cause pollution, and
(b)have berms where necessary to prevent agricultural waste runoff from causing pollution.
(2) Locations for feeding livestock, poultry or farmed game within a seasonal feeding area, including locations for movable feed bunks, must
(a)be at least 30 m from a high tide watermark, a watercourse or the bank of a watercourse, unless written permission has been obtained from a director for a closer location, and
(b)be distributed throughout the area to ensure that manure from the feeding of livestock, poultry or farmed game is spread as a fertilizer or soil conditioner and that no accumulation of manure causes pollution.
(3) Where permanent feed bunks are used within a seasonal feeding area, written permission for the location of the bunks must be obtained from a director.
27Livestock, poultry or farmed game in a seasonal feeding area may have access to watercourses provided that
(a)the feeding of livestock, poultry or farmed game is in accordance with section 26, and
(b)the access is located and maintained as necessary to prevent pollution.
28Livestock, poultry or farmed game in a confined livestock area may not have access to a watercourse, with the exception of a holding area on rangeland where
(a)livestock is held no longer than 72 hours,
(b)the watercourse is not a source of water used for domestic purposes at any location downstream from the confined livestock area, and
(c)the access is located and maintained as necessary to prevent pollution.
29(1) Confined livestock areas must be operated in a way that does not cause pollution.
(2) If there are more than 10 agricultural units in a confined livestock area or areas within the same drainage basin then the area or areas must be located at least 30 m from a high tide watermark, a watercourse, the bank of a watercourse or any source of water used for domestic purposes.
(3) Subsection (2) does not apply to a permanent confined livestock area constructed prior to April 1, 1992 provided that a report
(a)demonstrating to the satisfaction of a director that no pollution of any watercourse or domestic water supply is occurring from the permanent confined livestock area, and
(b)produced by
(i)a person with professional qualifications in the field of environmental assessment and licensed to practice in British Columbia, or
(ii)staff of the ministry of the minister charged with the administration of the Farm Practices Protection (Right to Farm) Act under a Best Agricultural Waste Management Plan
is completed by April 1, 1993 and is made available to the director at his or her request.
Part 10 — Use and Storage of Agricultural Products
30Agricultural products such as livestock, poultry, farmed game, fur bearing animals, animal and poultry feeds, forage silage, forage crops, vegetables and chemical fertilizers must be managed, used and stored in a manner that prevents the escape of agricultural waste that causes pollution.
31Raw materials for making products such as mushroom medium or soilless medium must be used and stored in a manner that prevents the escape of agricultural waste that causes pollution.
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