Farm-related Spills of Manure or Other Materials

We are updating this page to reflect current regulations.

Information on this page about regulations under the Nutrient Management Act, 2002 and the Environmental Protection Act is out of date. On September 18, 2009 new regulations affecting those applying non-agricultural source materials on agricultural lands were filed. Please visit www.ontario.ca/nasm-omafra for more information.

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 is not authoritative. Please refer to the e-Laws website or the official volumes printed by Publications Ontario for the authoritative text of the act.

Table of Contents

1. Introduction
2. Farmer's Role
3. MOE Role
4. Other Agencies
5. Related Links

Introduction

Farm-related spills of manure, pesticides and other materials can happen in spite of the best efforts of farmers, landowners and those agencies that try to prevent them. When spills occur, the consequences can threaten the health and safety of people, property and the environment.

The Ministry of the Environment’s (MOE) Spills Action Centre (SAC) provides a province-wide, toll free telephone system that is staffed every day on a 24-hour basis. The primary role of the SAC is to receive reports of spills and other environmental emergencies from industries, municipalities and the public and to coordinate environmental responses to these reports.

Farmer’s Role

Spills are defined as releases of pollutants into the natural environment originating from a structure, vehicle, or other container, and that are abnormal in light of all circumstances. When a spill occurs, there is a legal obligation to report it immediately to the SAC and to the local municipality by the owner of the material and the person who had control of a material at the time it was spilled if the spill causes or is likely to cause any of the following:

• impairment to the quality of the natural environment - air, water, or land;
• injury or damage to property or animal life;
• adverse health effects;
• safety risk;
• making property, plant, or animal life unfit for use;
• loss of enjoyment of normal use of property; or
• interference with the normal conduct of business.

In addition to reporting the spill, when a farm-related spill occurs it is the responsibility of the owner of the material and the person who had control of the material at the time it was spilled to clean up and dispose of the material in a timely manner. If an agricultural operation has a Nutrient Management Strategy and Plan or an Environmental Farm Plan, there will be a contingency plan that provides details on how to respond to a spill. If a third party is reporting the spill and knows who is responsible for the spill, the third party must contact the person who had control of the spilled material and the owner of the material so they can carry out their responsibility to clean up the spill.

MOE Role

When pollutants are spilled into the environment, it is the MOE's role to ensure that whoever is responsible for the spill contains it and cleans up the site, and restores the natural environment in accordance with ministry guidelines. As the first part of this role, the SAC receives reports of spills and coordinates environmental responses to the reports.

MOE has 22 District and Area offices across the province responsible for responding to spills. If a field response is necessary based on information received and assessed by the SAC, staff from the local District or Area office will attend the scene to work with those responsible for the spill to prevent it from spreading and to clean up the site.

Other Agencies

Other agencies frequently need to be informed of or involved with a spill. MOE through the SAC and local District/Area offices may contact municipalities, downstream water treatment plants, the Conservation Authority, the Health Unit, OMAFRA, the Ministry of Natural Resources and others, as appropriate. In the case of farm-related spills involving nutrients, where appropriate, the Local Advisory Committee (LAC) may also be contacted and informed of the situation.