What to Expect When an Agricultural Environmental Officer Inspects Your Farm

An Overview of the Process and Some Tips on How To Prepare for an Inspection

The Ontario Ministry of the Environment (MOE) has called and asked to arrange for a time to inspect your farm.

Many things may be going through your mind. However, with a little forethought, planning, and understanding, you can make a visit from the MOE work to your advantage.

This information sheet walks you through the inspection process, answers some of the more common questions, and gives you some tips to make the inspection process a positive experience.

Why is the Ministry of the Environment conducting on-farm nutrient management inspections?

MOE leads the regulation of the potential impacts of farm activities on drinking water sources. MOE also has the responsibility for conducting inspections of farms for compliance with the Nutrient Management Act.

MOE has worked closely with the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA) and the Ontario Farm Environmental Coalition (OFEC) to develop an inspection program that protects the environment and is respectful of the farming community.

The purpose of the Nutrient Management Act, 2002 (NMA) is to provide for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development. Regulations under the NMA require farms that are "phased-in" to manage their operations in accordance with a Nutrient Management Strategy (NMS) and, if necessary a Nutrient Management Plan (NMP), which includes regulated standards and responsibilities.

An Agricultural Environmental Officer (AgEO) meets with a farmer after inspecting the farm.

How are operations selected for inspection?

MOE selects farms for inspection using a combination of risk-based and random approaches.

Risk-based approaches for selecting farms ensure inspections occur on operations that have more potential to affect the environment, based on geography, local features, or the compliance history of the operation.

Random approaches provide an unbiased picture of how the agricultural industry is performing, and ensures all farm operations have a chance of being inspected.

The person who shows up on your farm to do a nutrient management inspection is one of MOE's Agricultural Environmental Officers (AgEOs). AgEOs are provincial officers designated under Ontario's environmental legislation. They have certain authorities and responsibilities when they conduct an inspection.

During an inspection, an AgEO may:

• Ask questions
• Have a piece of equipment operated, used or set in motion
• Require copies of documents
• Review records and documents
• Take pictures
• Take samples, measurements, notes.

What happens once my farm is selected for inspection?

Once your farm operation is selected for inspection, an AgEO prepares an inspection plan before visiting your farm. This plan is based on a review of available information, including the NMS and or NMP, local soil maps, and any past history of your operation.

MOE AgEOs have a set number of items selected for inspection on each operation because of the size of many farm operations, and the limited amount of time most farmers have to commit to the inspections process.

The items planned to be inspected are called "control points", and represent parts of your nutrient management system, such as storages, outdoor confinement areas, transfer systems, or fields where manure is applied. The control points likely to have the highest risk are included in the inspection plan.

After developing the inspection plan, the AgEO contacts the farmer to arrange a date and time for the inspection. Most inspections are pre-arranged for a time that is agreeable to the farmer and the AgEO. Scheduling inspections takes into account the realities and timing of agriculture in Ontario, including the planting and harvesting seasons.

The AgEO and I have agreed on a time for the inspection. What will happen during the inspection?

When the AgEO arrives at the site, he/she typically introduces themselves and conducts an initial interview with you, which includes:

• Providing information on the reason for the inspection
• Giving the scope of the inspection, and discussing the control points to be inspected
• Discussing the type of operation and if any significant changes have occurred recently
• Asking about any biosecurity requirements your farm might have
• Reviewing your NMS and, if required, NMP
• Providing contact information if further information or feedback is required.

The AgEO may ask to see relevant records as part of the inspection. When an operation is phased-in under the NMA, there are certain record keeping requirements, including:

• Copies of the NMS and, if required, the NMP
• Records of annual reviews and updates
• Any site characterization study that was required for the construction of a manure storage on the farm unit
• Records for temporary field nutrient storage sites used on the farm unit
• Copies of certificates and/or licences required under the regulation.

Note that some records will not be applicable to all operations.

Ministry of the Environment Agricultural Environmental Officer (AgEO) conducting an inspection.

After the initial interview, the AgEO conducts a site tour, focusing on the control points listed in the inspection plan. The tour is typically done with you, so you can answer questions about the management of the operation and address points or concerns.

How can I prepare for a nutrient management inspection?

To prepare for an inspection:

• Be familiar with your NMS/P. If a consultant prepared your NMS/P, you may want to confer with the preparer before the inspection
• Make sure your workers are familiar with your NMS/P. Keep a copy handy for easy reference by everyone and review it with them before the inspection
• Ensure your NMS/P is up to date and reflects any significant changes to your operation since it was first prepared
• Ensure your records are complete, accurate and organized
• Ensure your operation is compliant with the NMA (i.e. buffer strips are established where required)
• Prepare a list of any questions you want to ask the AgEO.

What happens after an inspection?

After the inspection, the AgEO will review the results of the inspection with you, discuss how to address any non-compliance issues, and provide recommendations on ways to improve your farms overall environmental performance. The results are presented in a format similar to a report card clearly showing the changes required to comply with the law, recommendations for improvement (not required for compliance), and the overall inspection score.

MOE AgEOs use a scoring system to assess the overall results of a nutrient management inspection. The inspection result will include a score from one -100 as a measure of how well you are protecting the environment through the management of your manure and other nutrients. The score is calculated by including points for best management practices and deductions for non-compliance with the NMA requirements.

What if the AgEO finds something wrong on my farm?

In most situations, an AgEO identifies any non-compliance(s) and asks you to correct it within a specified timeframe. Alternatively, they may ask you to submit a plan with timelines to correct any non-compliance(s). This written or verbal request to correct a violation is called an abatement plan and is undertaken voluntarily by you, the farmer. If an abatement plan does not correct a non-compliance issue, a mandatory abatement approach, such as the issuance of an Order, may be used to ensure compliance is achieved.

Are there any other tips about getting through a nutrient management inspection?

• AgEOs will be focusing on practices that have potential to impact the environment. As such, they may spend more time on the farm tour and physical inspection of control points rather than on record reviews
• Before the inspection, tour your farm, looking for potential issues that may come up during an inspection. Focus on risks related to nutrient materials leaving the site and entering surface or ground water, such as:
  • Run-off from solid manure storages
  • Leaking or overtopping tanks
  • Vegetated buffer zones along surface water
  • Feed storage run-off and silo seepage.
• If you identify problems, fix them prior to the inspection. If they can't be fixed before the inspection, think about how you intend to address the issue and be up front with your plans during the inspection.

The primary role of the AgEO during the inspection is to achieve compliance with the NMA and to improve your overall environmental performance when managing nutrients on your farm. An inspection can be a positive experience when you are familiar with the requirements of the NMA and how a nutrient management inspection works.

The information contained in this document is derived from the Nutrient Management Act, 2002 and O. Reg 267/03 as amended. Every effort has been made to make it as accurate as possible, but it is not authoritative. Please refer to www.e-laws.gov.on.ca or the official volumes printed by Publications Ontario for the authoritative text of the act.