Livestock Manure and Mortalities Management Regulation

Livestock Manure and Mortalities Management Regulation, M.R. 42/98 The Environment Act , C.C.S.M. c. E125 Regulation 42/98 Registered March 30, 1998 bilingual version (HTML) Table of Contents Section 1 Interpretation 1.1 Measuring distance PURPOSE 2 Purpose STORAGE AND COMPOSTING OF LIVESTOCK MANURE 3 Storage methods 4 Size and operation of manure storage facility 5 Location of manure storage facility 6 Permit required for manure storage facility 6.1 Monitoring 6.2 Decommissioning a manure storage facility 7 Field storage 8 Composting manure TRANSPORTATION AND APPLICATION OF LIVESTOCK MANURE 9 Transportation 10 Reportable spills 10.1 Manure spills from manure storage facilities 10.2 Burning of livestock manure prohibited 11 No discharge into water 12 Allowable application to land 12.1 Allowable application to land re phosphorus 12.1.1 Limits apply whether other fertilizer applied before or after manure application 12.2 New or expanded livestock operations in certain areas 13 Manure management plans 14 Prohibitions on winter spreading 14.1 Designation of Red River Valley Special Management Area 14.2 Restrictions on fall spreading DISPOSAL OF MORTALITIES 15 Disposal of mortalities 15.1 Composting mortalities CONFINED LIVESTOCK AREAS 16 Confined livestock areas 16.1 Permit to construct confined livestock area 16.2 Collection basins MANURE STORAGE FACILITIES THAT DO NOT HAVE PERMITS 16.3 Registration: facilities that do not have permits 16.4 Repealed SEASONAL FEEDING AREAS 16.5 Operation of seasonal feeding areas GENERAL PROVISIONS 17 Variation of requirements 17.1 Experimental permits 18 Repealed 19 Repeal Schedule A Siting and Construction Requirements for Manure Storage Facilities B Repealed C Setback Requirements for Livestock Manure Application on Land Adjacent to Surface Water or a Surface Watercourse Interpretation 1(1) In this regulation, "agricultural operation" means an agricultural, aquacultural, horticultural or silvicultural operation that is carried on in the expectation of gain or reward, and includes (a) the tillage of land, (b) the production of agricultural crops, including hay and forages, (c) the production of horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs and greenhouse crops, (d) the raising or keeping of livestock, (e) the production of eggs, milk and honey, (f) the raising of game animals, fur-bearing animals, game birds, bees and fish, (f.1) the boarding or keeping of livestock on behalf of its owner, including, but not limited to, at a horse stable or livestock sale yard or auction mart, (g) the operation of agricultural machinery and equipment, (h) the process necessary to prepare a farm product for distribution from the farm gate, (i) the application of fertilizers, manure, soil amendments or pesticides, including ground and aerial application, and (j) the storage, use or disposal of organic wastes for farm purposes; (« exploitation agricole ») "animal unit" means the number of animals of a particular category of livestock that will excrete 73 kg of total nitrogen in a 12 month period; (« unité animale ») "aquifer" means a water bearing geological formation that is capable of producing water to wells or springs in quantities that are economically useful; (« aquifère ») "collection basin" means a structure (a) intended to collect runoff water contaminated with manure in an agricultural operation, and (b) constructed primarily from soil by excavating or forming dikes; (« bassin collecteur ») "composting" means a designed and managed system to facilitate the process of aerobic decomposition of organic matter by biological action; (« compostage ») "confined livestock area" means an outdoor, non-grazing area where livestock are confined by fences or other structures, and includes a feedlot, paddock, corral, exercise yard and holding area, as well as a covered structure used to confine livestock that has one or more sides without a wall that exposes the interior of the structure to the elements, but does not include a seasonal feeding area; (« espace clos ») "contractor" means a person who provides a service, such as (a) supervising or taking part in the construction of a manure storage facility, or (b) supervising or taking part in the handling of manure or application of manure to land; (« entrepreneur ») "crop removal rate of P 2 O 5 " means the net amount of phosphorus, expressed as P 2 O 5 , removed from the field through plant uptake of phosphorus from the soil and export of the plant material from the field through mechanical harvesting or grazing, taking into account the crop that the person farming the land is fertilizing with the livestock manure; (« taux d'absorption du P 2 O 5  ») "earthen storage facility" means a structure built primarily from soil, constructed by excavating or forming dikes, and used to retain livestock manure; (« installation de stockage en terre ») "feedlot" means a fenced area where livestock are confined solely for the purpose of growing or finishing, and are sustained by means other than grazing; (« parc d'engraissement ») "field storage" means solid livestock manure that is stored in the open air other than in a manure storage facility; (« stockage dans les champs ») "groundwater" means water below the surface of the ground; (« eau souterraine ») "groundwater feature" means a sinkhole, a spring or a well other than a monitoring well; (« étendue d'eau souterraine ») "high water mark" means a point on land that would be at the water's edge when the water reaches any of the following levels: (a) in the case of a reservoir, the full supply level, (b) in the case of a drainage ditch, the bank-full level, (c) in the case of any other water body, the highest level to which the water usually rises each year and at which it remains long enough to change the characteristics of the land or the vegetation on the land; (« ligne des hautes eaux ») "incorporation" means the mixing of livestock manure into soil, usually by tillage, to minimize exposure of the manure at the surface and to increase contact with the soil; (« incorporation ») "in-field ephemeral drain" means a shallow channel in a field through which water flows on a periodic or seasonal basis, but that does not contain water for extended periods of time and that is capable of being used for crop production; (« drain temporaire dans un champ ») "injection" means the placement of liquid manure beneath the soil surface using specialized application equipment, including discs, chisels, openers and sweep-type tools; (« injection ») "liquid manure" means manure that contains less than 5% solid matter; (« déjections liquides ») "livestock" means animals or poultry not kept exclusively as pets, excluding bees; (« bétail ») "manure" means livestock feces and urine, and water contaminated or previously contaminated by either of them, and may include wasted feed, livestock bedding, soil, milkhouse waste, hair, feathers and other debris associated with an agricultural operation, but does not include water from a washing facility that has been used to clean or disinfect vehicles transporting livestock and other livestock equipment if the water is diverted into a licensed wastewater collection system or a licensed wastewater treatment system; (« déjections ») "manure management plan" means a plan that is prepared on a form approved by the director and that provides for the storage and handling of the manure produced in an agricultural operation and the land application, treatment or other acceptable use or disposal of the manure; (« plan de gestion des déjections ») "manure storage facility" means a structure, earthen storage facility, molehill, tank or other facility for storing or treating manure or where it is stored or treated, and includes any permanent equipment or structures in or by which manure is moved to or from the storage facility, but does not include (a) a field storage site, (b) a vehicle or other mobile equipment used to transport or dispose of manure, (c) a gutter or pit used to contain liquid or semi-solid manure for less than 30 days for the purpose of moving the manure to a storage facility, (d) a collection basin, or (e) a temporary composting site for manure; (« installation de stockage de déjections ») "modify" , in respect of a manure storage facility, does not include routine maintenance or repairs; (« modifier ») "molehill" means a manure storage facility for manure in which manure is mechanically forced through a pipe and becomes mounded; (« monticule ») "monitoring well" means an opening made by digging or drilling into the ground to detect and monitor seepage from a manure storage facility; (« puits de surveillance ») "mortalities" means dead livestock, or parts of dead livestock, that are not marketable for human consumption; (« animaux morts ») "Olsen procedure" means the sodium bicarbonate extractant method of determining soil test phosphorus outlined in the Recommended Chemical Soil Test Procedures for the North Central Region (North Central Region Research Publication No. 221, Revised January 1998; University of Missouri-Columbia); (« méthode Olsen ») "operator" means a person who carries on an agricultural operation; (« exploitant ») "person" includes a corporation, cooperative, partnership and limited-partnership; (« personne ») "P 2 O 5 " means the amount of phosphorus in commercial fertilizer equivalent, expressed in oxide form; (« P 2 O 5  ») "pollution" , in relation to surface water, groundwater or soil, means the presence in the water or soil of substances or contaminants that are foreign to or in excess of the natural constituents of the water or soil and that adversely affect the uses of the water or soil; (« pollution ») "poultry" means any variety of fowl, including the breeding stock of that fowl, kept to produce (a) meat or eggs, or (b) feathers for commercial or other purposes; (« volaille ») "ppm" means parts per million; (« ppm ») "professional engineer" means a natural person who holds a valid certificate of registration or temporary licence under The Engineering and Geoscientific Professions Act entitling him or her to practise as a professional engineer; (« ingénieur ») "Red River Valley Special Management Area" means land designated in section 14.1; (« zone spéciale de gestion de la vallée de la rivière Rouge ») "refrigerated" , in relation to mortalities, means kept at a constant temperature of not more than 4 C; (« réfrigération ») "regularly inundated area" means (a) an area subject to flooding on an average basis at least once every five years, and (b) the Red River Valley Special Management Area; (« zone régulièrement inondée ») "residual nitrate nitrogen" means the amount of nitrate nitrogen that remains in soil after the production of a crop; (« azote de nitrate résiduel ») "seasonal feeding area" means an outdoor area where livestock are kept and fed over winter, or in spring or fall when pasture cannot meet the feed requirements of livestock, but does not include a feedlot or a grazing area; (« aire d'alimentation saisonnière ») "semi-solid manure" means manure that contains 5% to 25% solid matter; (« déjections pâteuses ») "sinkhole" means a surface depression found in karst terraines that drains directly into an underlying bedrock aquifer or the unsaturated portion of the geological unit forming a bedrock aquifer; (« doline ») "soil class" means a class of soil classified using the approach described under the heading "Soil Capability Classification for Agriculture" in The Canada Land Inventory Report No. 2 , published in 1972 by the Government of Canada, Department of the Environment; (« classe de sol ») "soil test phosphorus" means the concentration of the amount of phosphorus that can be extracted in solution from a soil sample in a soil test procedure; (« phosphore mesuré à la suite d'une analyse du sol ») "solid manure" means manure that contains more than 25% solid matter and does not flow when piled; (« déjections solides ») "surface water" means any body of flowing or standing water, whether naturally or artificially created, including, but not limited to, a lake, river, creek, spring, drainage ditch, roadside ditch, reservoir, swamp, wetland and marsh, including ice on any of them, but not including a dugout or reservoir on the property of an agricultural operation; (« eau de surface ») "surface watercourse" means the channel in or bed on which surface water flows or stands, but does not include (a) a dugout, drain, reservoir, intermittent slough, drainage ditch, or intermittent stream that (i) is completely surrounded by private land controlled by the owner or operator of an agricultural operation, and (ii) has no outflow going beyond the private land, or (b) an in-field ephemeral drain; (« cours d'eau de surface ») "well" means an opening made by digging or drilling into the ground for the apparent purpose of obtaining groundwater, but does not include a monitoring well. (« puits ») 1(2) For the purpose of the definition " animal unit " in subsection 1(1), the categories of livestock shall be determined by the director taking into consideration any guidelines or standards published or approved by the Department of Agriculture. 1(2.1) Despite the definition " manure management plan " in subsection (1), a manure management plan may address sources of nutrients, in addition to manure, that will be stored or handled on, or applied to, the land in the agricultural operation, including synthetic fertilizers, and municipal wastewater sludge and biosolids. 1(3) [Repealed]  M.R. 161/2017 1(4) In determining the number of animal units in an agricultural operation for the purposes of this regulation, (a) an agricultural operation has less than 300 animal units if it has less than 300 animal units of each category of livestock in the operation, notwithstanding that the total number of animal units of all the categories of livestock in the operation is 300 or more; and (b) an agricultural operation has 300 animal units or more only if it has 300 animal units or more of at least one category of livestock. M.R. 52/2004 ; 194/2005 ; 219/2006 ; 63/2008 ; 172/2009 ; 161/2017 Measuring distances 1.1 When this regulation requires or prohibits anything from occurring within a specified distance of surface water or a surface watercourse, the distance is to be measured from the high water mark of the surface water or surface watercourse. M.R. 161/2017 PURPOSE Purpose 2 The purpose of this regulation is to prescribe requirements for the use, management and storage of livestock manure and mortalities in agricultural operations so that livestock manure and mortalities are handled in an environmentally sound manner. STORAGE AND COMPOSTING OF LIVESTOCK MANURE Storage methods 3(1) No person shall store solid manure in an agricultural operation except (a) in a manure storage facility; or (b) as field storage. 3(2) No person shall store liquid or semi-solid manure in an agricultural operation except in a manure storage facility. M.R. 172/2009 Size and operation of manure storage facility 4 An operator who stores livestock manure in a manure storage facility shall (a) ensure that the manure storage facility, alone or in combination with other manure storage facilities located on the property of the agricultural operation, is of sufficient capacity to store all of the livestock manure produced or used in the agricultural operation until such time as the livestock manure can either be applied as fertilizer or otherwise removed from the manure storage facility; (a.1) design and construct the manure storage facility, or ensure that it is designed and constructed, (i) in the case of an earthen storage facility, so that it is of sufficient capacity to store at least the amount of manure produced or used by the operation in a 400-day period, but no more than the amount produced or used in a 750-day period, unless otherwise approved by the director, (ii) in the case of any other type of manure storage facility, other than an under-floor concrete storage pit used to store liquid or semi-solid manure for less than 30 days, so that it is of sufficient capacity to store at least the amount of manure produced or used by the operation in a 250-day period, but no more than the amount produced or used in a 750-day period, unless otherwise approved by the director; (b) design and construct the manure storage facility, or ensure that it is designed and constructed, so as to prevent the escape of any livestock manure that may cause pollution of surface water, groundwater or soil; (c) maintain and operate the manure storage facility in a manner that does not cause pollution of surface water, groundwater or soil; and (d) operate and maintain the manure storage facility in a manner that sustains its structural integrity. M.R. 52/2004 ; 172/2009 ; 161/2017 Location of manure storage facility 5(1) No person shall locate a manure storage facility within the boundaries of the 100-year flood plain elevation, unless (a) the manure storage facility is provided with flood protection for a flood water level at least 0.6 m higher than the 100-year flood water level the department anticipates at the location when the person proposes to construct, modify or expand the facility; or (b) the director is otherwise satisfied that the facility will have satisfactory flood protection. 5(2) Subsection (1) does not apply to a manure storage facility in operation on March 30, 1998, unless the agricultural operation is modified or expanded after that day. 5(2.1) Subsection (1) does not apply to a manure storage facility for solid manure in operation on the day this subsection comes into force unless the agricultural operation is modified or expanded after that day. 5(2.2) Subsection (1) does not apply to an under-floor concrete storage pit used to store liquid or semi-solid manure for less than 30 days that is in operation on the day this subsection comes into force. 5(3) No person shall locate a manure storage facility other than in accordance with the siting requirements set out in section 1 of Schedule A. 5(4) Subsection (3) does not apply to a manure storage facility in operation on March 30, 1998, if the facility meets the requirements of section 4. 5(4.1) Subsection (3) does not apply to an under-floor concrete storage pit used to store liquid or semi-solid manure for less than 30 days in operation on the day this subsection comes into force, if the facility meets the requirements of section 4. 5(5) Unless otherwise approved by the director, no person shall create a well or a drainage ditch within 100 m of a manure storage facility, measured in the same manner as the minimum 100 m setback zone provided for in clauses 1(a) and (b) of Schedule A. M.R. 52/2004 ; 172/2009 Permit required for manure storage facility 6(1) No person shall construct, modify or expand a manure storage facility except under the authority of a permit issued by the director under this section. 6(2) An application for a permit shall be made by an operator to the director on a form approved by the director and be accompanied by the information required on the application form and any additional information that the director requires. 6(3) After receiving an application, the director shall, in order to determine the appropriate siting and construction requirements for a proposed manure storage facility, (a) examine the site of the proposed facility and evaluate the site's soil, geology and proximity to aquifers; or (b) direct the applicant to conduct an examination and evaluation as described in clause (a) in a manner that is acceptable to the director. 6(4) Subject to Part 4 of the Nutrient Management Regulation , an applicant is entitled to be issued a permit if (a) the proposed construction, modification or expansion of the manure storage facility conforms to the siting and construction requirements set out in Schedule A; and (b) the director is satisfied (i) that sufficient suitable land is available to the operator to implement an appropriate manure management plan, (ii) that the construction, modification or expansion of the manure storage facility can be carried out in a manner that ensures that the environment is protected in the event of a structural failure of the facility, and (iii) that the construction, modification or expansion can be carried out in a manner that ensures that the environment is protected in the case of a manure storage facility located on land (A) that consists of sand and gravel, (B) in which an aquifer exists when less than 5 m of overburden having an expected hydraulic conductivity of 1 x 10 -7 cm per second or less will separate the bottom of the facility from the top of the uppermost underlying aquifer or fractured rock, or (C) that is within the unsaturated portion of an aquifer. 6(5) The director may include terms and conditions in a permit. 6(6) An operator to whom a permit is issued shall comply with any terms and conditions contained in the permit and shall construct, modify or expand the manure storage facility or ensure that it is constructed, modified or expanded in a manner that conforms to the siting and construction requirements set out in Schedule A. 6(6.1) A professional engineer, contractor or other person who performs work for which a permit has been issued under this section shall (a) comply with any terms and conditions contained in the permit; and (b) ensure that the work complies with the siting and construction requirements set out in Schedule A. 6(6.2) An operator to whom a permit is issued must construct, modify or expand his or her manure storage facility in accordance with the design and specifications submitted in the application for a permit. 6(6.3) If the operator proposes to alter the design or specifications of the manure storage facility after a permit has been issued, he or she must apply for approval to the director and provide sufficient details of the proposed alterations. 6(6.4) The director may approve the proposed alterations if he or she is satisfied that the proposed alterations do not negatively affect the environment. As a condition of approval, the director may amend the permit or impose new terms or conditions on the permit. 6(7) No person shall set into operation a manure storage facility for which a permit is required under this section until the director has been provided with a sealed professional engineer's certificate and record drawings that demonstrate that (a) the work of any contractor or other person performing work for which the permit is required conforms to the siting and construction requirements set out in Schedule A and the permit; and (b) the completed construction, modification or expansion of the manure storage facility conforms to the siting and construction requirements set out in Schedule A and the permit. 6(8) [Repealed]  M.R. 161/2017 6(9) If work on the construction, modification or expansion of a manure storage facility has been suspended for more than 90 days, a person must not resume work on the facility unless he or she has given the director written notice before resumption of the work starts. 6(10) and (11) [Repealed] M.R. 161/2017 6(12) Despite subsection (1), an operator may make repairs or have repairs made to a manure storage facility if the director or an environment officer authorized by the director first approves the repairs. 6(13) An operator seeking approval for repairs must apply in writing to the director and provide sufficient detail about the proposed repairs. 6(14) The director or an environment officer authorized by the director may, (a) with or without conditions, approve the repairs; or (b) if he or she considers that the proposed work constitutes a modification of the facility, (i) refuse to approve the repairs, and (ii) direct the operator to apply for a permit to modify the facility. M.R. 52/2004 ; 63/2008 ; 161/2017 Monitoring 6.1(1) Without limiting the generality of subsection 6(5), the director may require an operator to install monitoring wells in relation to a manure storage facility. The operator shall install and maintain the monitoring wells in accordance with the director's requirements or in a manner that is satisfactory to the director. 6.1(2) The operator shall submit water analysis reports of water samples from the monitoring wells collected and analyzed in accordance with the sampling, analysis and reporting protocol for monitoring wells approved by the director under subsection (4). 6.1(3) The director may require an operator to submit an annual water analysis report of water from the operation's livestock drinking water source collected and analyzed in accordance with the sampling, analysis and reporting protocol for water sources approved by the director under subsection (4). 6.1(4) The director may approve sampling, analysis and reporting protocols for the purposes of subsections (2) and (3). 6.1(5) In addition to requiring an operator to comply with subsections (1) to (3), the director may require an operator to implement a monitoring and reporting program if the director believes that the storage, handling and management of livestock manure in the agricultural operation is causing or would likely cause pollution of surface water, groundwater or soil. M.R. 52/2004 ; 161/2017 Decommissioning a manure storage facility 6.2(1) If livestock production in an agricultural operation with a manure storage facility is discontinued or a manure storage facility is not in active service for more than one year, the operator shall without delay inform the director in writing (a) how the operator will maintain the structural integrity of the facility until he or she returns it to active service; or (b) how and when the operator intends to decommission the facility. 6.2(2) An operator shall maintain the structural integrity of an inactive facility or decommission the facility in accordance with the information given to the director. This is subject to subsection (3). 6.2(3) If the director believes that an operator's proposed or actual maintenance or decommissioning of an inactive facility is not appropriate, the director may do either or both of the following: (a) require the operator to submit a further proposal respecting maintaining or decommissioning the facility; (b) order the operator to maintain or decommission the facility in another manner set out in the order. 6.2(4) Subsections (1) to (3) apply, with necessary changes, to a person who is not an operator but who owns or has possession and control of the land on which an inactive manure storage facility is located. M.R. 52/2004 Field storage 7(1) No person shall store livestock manure as field storage other than solid manure. 7(2) A person who stores solid manure as field storage shall (a) locate the livestock manure at least 100 m from any surface watercourse, sinkhole, spring or well; and (b) store the livestock manure in a manner that does not cause pollution of surface water, groundwater or soil. 7(3) An operator shall construct dikes or other works around a field storage area that are effective to prevent the escape of livestock manure that may cause pollution of surface water, groundwater or soil, if generally accepted agricultural practices indicate their necessity. The operator shall maintain the effectiveness of the dikes or other works for so long as the field storage area is used to store livestock manure. 7(4) Without limiting the generality of subsection (3), the director or an environment officer authorized by the director may order an operator to construct dikes or other works around a field storage area if he or she believes they are necessary to prevent the escape of livestock manure that may cause pollution of surface water, groundwater or soil. 7(5) An operator who is given an order under subsection (4) shall (a) construct the dikes or other works in accordance with the order or ensure that they are constructed in accordance with it; and (b) maintain the dikes or other works for as long as the field storage area is used to store livestock manure. 7(6) An operator shall remove and dispose of all livestock manure in a field storage area no later than November 10 of the year following any year when the operator stores livestock manure in the area. 7(7) After the manure is removed, the field storage area must remain empty of manure for at least 12 months. Before storing livestock manure in the area again, the operator must grow a crop on the emptied manure storage area that will deplete the area of any leached nutrients. 7(8) Subsections (6) and (7) also apply to a person who is not an operator but who owns or has possession and control of the land on which the livestock manure is stored as field storage. M.R. 52/2004 ; 172/2009 ; 161/2017 Composting manure 8(1) No person shall compost livestock manure on the property of an agricultural operation unless (a) the composting site is located at least 100 m from (i) any surface watercourse, sinkhole, spring or well, and (ii) the operation's boundaries; (b) the manure is composted in a manner that does not cause pollution of surface water, groundwater or soil; and (c) the composting facilities and process are acceptable to the director. 8(2) Clause (1)⁠(a) does not apply to an operator, or the operator's employee, in respect of a composting site that is in operation on the day subsection (1) comes into force unless the agricultural operation is expanded after that day and the expansion increases the operation's capacity to 300 animal units or more. 8(3) No person shall apply composted livestock manure to land between November 10 of one year and April 10 of the following year. M.R. 52/2004 ; 172/2009 TRANSPORTATION AND APPLICATION OF LIVESTOCK MANURE Transportation 9(1) In this section and section 10, "manure spill" means (a) a series of intentional or negligent spillages, leakages, discharges or deposits of livestock manure on a highway or road allowance by the same person or from the same agricultural operation regardless of the amount of any individual spill, leak, discharge or deposit; (b) a single event involving a total volume of not less than 50 L of liquid manure or 0.25 m 3 of solid manure spilled, leaked, discharged or deposited on a highway or road allowance; (b.1) a single event involving a total volume of not less than 10,000 L of liquid manure spilled or leaked from a vehicle at any place; or (c) a spillage, leakage, discharge or deposit of liquid, semi-solid or solid manure where (i) the manure escapes from the boundary of the agricultural operation, (ii) the manure is spilled, leaked, discharged or deposited into a surface watercourse, sinkhole, spring or well, or (iii) the location or quantity of manure spilled, leaked, discharged or deposited is such that an adverse effect on the environment has occurred, or on a reasonable basis, in the opinion of an environment officer, is likely to occur. 9(2) For the purposes of the definition "manure spill" in subsection (1), "highway" means a highway as defined in The Highway Traffic Act and "road allowance" means a road allowance as defined in The Transportation Infrastructure Act . 9(3) A person who transports livestock manure in a vehicle shall ensure that a manure spill from the vehicle does not occur. M.R. 52/2004 ; 115/2025 Reportable spills 10 An operator, or a person who transports livestock manure in a vehicle, shall immediately report to an environment officer the occurrence of a manure spill. Manure spills from manure storage facilities 10.1(1) In this section, "manure spill" means a spillage, leakage or discharge of livestock manure from a manure storage facility, but does not include a discharge from the facility into a vehicle or a permanent structure or permanent equipment in or by which manure is moved from the storage facility in a manner permitted by this regulation. 10.1(2) An operator, or a person who operates livestock manure handling equipment, shall immediately report to an environment officer the occurrence of a manure spill from a manure storage facility if (a) a single event involves a spillage, leakage or discharge of a total volume of 10,000 L of liquid manure or more; (b) liquid, semi-solid or solid manure escapes from the boundary of the agricultural operation; or (c) liquid, semi-solid or solid manure is discharged into a surface watercourse, sinkhole, spring or well. 10.1(3) If a manure spill that subsection (2) requires to be reported is accompanied by a structural failure of the manure facility, the person making the report shall include in the report the details of the structural failure. M.R. 52/2004 ; 194/2005 Burning of livestock manure prohibited 10.2(1) No person shall burn livestock manure at any time unless (a) the director has given prior authorization for the burning; and (b) the person complies with the terms of the authorization. 10.2(2) The director may authorize an operator to burn livestock manure if (a) the director considers the burning to be an appropriate way to deal with an emergency or other unusual situation; or (b) the burning is part of an alternative manure management method that the director considers to be acceptable. M.R. 52/2004 No discharge into water 11(1) No person shall handle, use or dispose of livestock manure, or store livestock manure in an agricultural operation, in such a manner that it is discharged or otherwise released into surface water, a surface watercourse or groundwater. 11(2) An operator shall ensure that livestock manure that is handled, used, disposed of or stored in an agricultural operation is not discharged or otherwise released into surface water, a surface watercourse or groundwater. M.R. 219/2006 Allowable application to land 12(1) No person shall apply livestock manure to land other than as fertilizer on land on which a crop (a) is growing; or (b) will be planted during the next growing season. 12(1.1) Despite clause (1)⁠(b), no person shall, without the approval of the director or an environment officer authorized by the director, apply livestock manure to unseeded land before August 15 if the land will not be seeded before spring of the next year. 12(1.2) The director or an environment officer authorized by the director (a) may approve manure application before August 15, if he or she considers the application appropriate; or (b) may refuse to approve it. 12(1.3) No person shall apply livestock manure to soil that is in soil class 6 or 7 or is an unimproved organic soil. 12(1.4) No person shall apply livestock manure to land in a manner or at a rate of application that, taking into account the crop that the person farming the land is fertilizing with the manure, may result in the concentration of residual nitrate nitrogen being (a) more than 157.1 kg/ha (140 pounds per acre) within the top 0.6 m (2 feet) of soil for soils (i) of soil class 1, (ii) of soil class 2, and (iii) of soil class 3, other than soil class 3M, 3ME, 3MI, 3MN, 3MP, 3MT, 3MW or any other subclass of soil class 3 having an "M" subclass designation; (b) more than 101 kg/ha (90 pounds per acre) within the top 0.6 m (2 feet) of soil for soil class 4, soil classes 3M, 3ME, 3MI, 3MN, 3MP, 3MT or 3MW and any other subclass of soil class 3 having an "M" subclass designation; or (c) more than 33.6 kg/ha (30 pounds per acre) within the top 0.6 m (2 feet) of soil class 5. 12(1.4.1) For the purpose of subsection (1.4), soil sampling is to be conducted in accordance with guidelines published or approved by the Department of Agriculture and residual nitrate limits are to be determined in accordance with those guidelines. 12(1.5) and (1.6) [Repealed] M.R. 161/2017 12(1.7) Subsection (1.3) and clause (1.4)⁠(c) do not apply to an agricultural operation that is in operation on the day this subsection comes into force unless the director (a) believes that the application of livestock manure in the agricultural operation to any of the soils referred to in that subsection and clause would likely (i) cause pollution of surface water, groundwater or soil, or (ii) result in the livestock manure escaping from the boundary of the agricultural operation; and (b) notifies the operator in writing that subsection (1.3) or clause (1.4)⁠(c) applies to the agricultural operation. 12(2) No person shall apply livestock manure to land if, due to meteorological, topographical or soil conditions, or the rate of application, livestock manure (a) causes pollution of surface water, groundwater or soil; or (b) escapes from the boundary of the agricultural operation. 12(2.1) In addition to the requirements of subsection (2), no person shall apply livestock manure to land adjacent to surface water, a surface watercourse or a groundwater feature, except in accordance with the minimum setback requirements set out in Schedule C. 12(3) An operator shall ensure that livestock manure is not applied to land in an agricultural operation unless it is applied in accordance with the requirements of this section and sections 12.1 and 12.2. 12(4) [Repealed] M.R. 161/2017 M.R. 52/2004 ; 219/2006 ; 161/2017 Allowable application to land re phosphorus 12.1(1) No person shall apply livestock manure to land in a manner or at a rate of application contrary to subsections (2) to (5). 12.1(2) Where soil test phosphorus levels within the top 0.15 m (6 inches) of soil, as determined using the Olsen procedure at any place in the application area, are (a) 60 ppm or more but less than 120 ppm, the rate of livestock manure application must not exceed two times the annual crop removal rate of P 2 O 5 ; or (b) 120 ppm or more but less than 180 ppm, the rate of livestock manure application must not exceed the annual crop removal rate of P 2 O 5 . 12.1(3) Despite subsection (2), when soil test phosphorus levels within the top 0.15 m (6 inches) of soil, as determined using the Olsen procedure at any place in the application area, are 60 ppm or more but less than 180 ppm, a person may apply livestock manure at a greater rate than is permitted by subsection (2), so long as the rate is not more than five times the annual crop removal rate of P 2 O 5 . M.R. 219/2006 ; 63/2008 12.1(3.1) After livestock manure is applied to land at a rate as permitted by subsection (3), no person shall apply livestock manure to that land until (a) a number of years has passed equal to the multiple of the crop removal rate of P 2 O 5 that was last applied to the area; or (b) soil test phosphorus levels within the top 0.15 m (6 inches) of soil at any place in the application area do not exceed the soil test phosphorus levels for that area immediately before the last application of livestock manure to that area. 12.1(4) No person shall, without the director's prior approval, apply livestock manure to land where soil test phosphorus levels within the top 0.15 m (6 inches) of soil, as determined using the Olsen procedure at any place in the application area, are 180 ppm or greater. 12.1(5) The director may, in an emergency situation or other extenuating circumstances, approve the application of livestock manure in the circumstances set out in subsection (4), if the director is of the opinion that the application of livestock manure to the land would likely not (a) cause pollution of surface water, groundwater or soil; or (b) result in the livestock manure escaping from the boundary of the agricultural operation. 12.1(6) to (10) [Repealed]  M.R. 161/2017 12.1(11) [Repealed]  M.R. 172/2009 M.R. 219/2006 ; 63/2008 ; 172/2009 ; 161/2017 Limits apply whether other fertilizer applied before or after manure application 12.1.1(1) The limits in subsections 12(1.4), 12(2), 12.1(2), 12.1(3) and 12.1(4) relating to the manner or the rate at which manure is applied to land apply to a person who applies manure to land upon which another source of nutrients has been or is subsequently applied, even without proof that the limit was first breached upon the application of the manure. 12.1.1(2) In this section, "another source of nutrients" includes, without limitation, (a) synthetic fertilizer; and (b) municipal wastewater sludge and biosolids. M.R. 63/2008 ; 161/2017 New or expanded livestock operations in certain areas 12.2(1) Where the amount of phosphorus in the manure produced annually by livestock in an area of not less than 93.24 km 2 (36 mi 2 ) is greater than two times the annual crop removal rate of P 2 O 5 in that area, as determined by the director, no person shall establish an agricultural operation that includes livestock in that area or expand an agricultural operation that is in operation in that area on the day this section comes into force, unless the operator (a) has access to additional lands suitable for the application of livestock manure; or (b) submits to the director and the director approves a plan that describes the action taken and proposed to be taken to achieve and maintain soil phosphorus levels below 60 ppm. 12.2(2) In subsection (1), " expand " means an expansion of the agricultural operation that results in the operation being increased by more than (a) 5% of animal units, or (b) five animals, whichever is greater. M.R. 219/2006 ; 161/2017 Manure management plans 13(1) No person shall store, handle or dispose of livestock manure, or apply livestock manure to land, except in accordance with a manure management plan registered with the director in accordance with subsection (4). 13(2) and (3) [Repealed] M.R. 172/2009 13(3.1) Subsection (1) does not apply to the operator of or a person employed in an agricultural operation that has fewer than 300 animal units, unless (a) the operation is expanded after the day this subsection comes into force and the expansion results in the number of animal units in the expanded operation being 300 or more; or (b) the director (i) believes that the storage or handling of livestock manure in the operation, or that the land application of livestock manure in the agricultural operation, would likely (A) cause pollution of surface water, groundwater or soil, or (B) result in the livestock manure escaping from the boundary of the agricultural operation, and (ii) notifies the operator in writing that subsection (1) applies to the agricultural operation for the period specified in the notice. 13(3.2) [Repealed]  M.R. 161/2017 13(4) Before applying livestock manure to land as part of the fertilization program for a growing season, an operator shall submit a manure management plan for the growing season to the director for registration. The manure management plan shall be in a form approved by the director and shall contain or be accompanied by the information the director requires. 13(4.0.1) If livestock manure is applied to land on which a crop is not growing and a manure management plan has been registered respecting the application, the person farming the land is, in the absence of evidence to the contrary, deemed to be fertilizing the crop that the plan indicates will next be grown on the land after the application of manure. 13(4.1) An operator shall submit the manure management plan to the director (a) before February 10, if the plan provides for a fertilization program starting in the following spring; or (b) before July 10 of a crop year, if the plan provides for a fertilization program starting in the following fall. 13(4.2) Despite subsection (4.1), an operator may submit a manure management plan to the director for registration not less than 14 days before starting a land application of manure that is not provided for in a manure management plan that is registered with the director. An operator who submits a manure management plan under this subsection shall pay an administration fee of $100. when he or she submits the plan. 13(4.3) Subsection (4) does not apply to an operator who subsection (2) or (3.1) exempts from the application of subsection (1). 13(5) The director may register a manure management plan submitted under subsection (4), or may refuse to register the plan if (a) the plan is not in the approved form or does not contain or is not accompanied by the information that the director requires; (a.1) the plan has been prepared by a person other than the operator and the person is prohibited from preparing plans by subsection (8); (b) the director believes that the operator would likely be in violation of this regulation if the plan was implemented as submitted; (c) the plan is submitted after the applicable submission deadline set out in subsection (4.2) or (4.3), or the plan is not accompanied by the required administration fee, when subsection (4.3) requires the operator to pay a fee; (d) the soil nutrient analysis reports submitted with the manure management plan are based on soil samples taken to a depth of less than 0.6 m (2 feet); or (e) the soil nutrient analysis reports submitted with the manure management plan are not based on analytical procedures acceptable to the director. 13(6) A manure management plan registered under this section may be amended by the director at any time upon receipt of a written application from an operator containing or accompanied by the information required by the director. 13(7) No person shall prepare a manure management plan for the benefit of an operator, whether for a fee or not, unless the person has successfully completed a manure management planning course acceptable to the director, or has training or experience that the director considers to be equivalent, and the person (a) is a member in good standing of the Manitoba Institute of Agrologists or is exempt from registration with the Institute for the purposes of preparing manure management plans; or (b) holds the designation of certified crop adviser under the international certified crop adviser program of the American Society of Agronomy and is (i) in compliance with the requirements of that program for maintaining his or her certification, and (ii) carries on business as a crop adviser in Manitoba. 13(8) A person who prepares a manure management plan for registration with the director shall (a) ensure that the plan complies with this regulation; and (b) shall identify himself or herself on the plan form and sign the plan form to certify that he or she believes it complies with this regulation. M.R. 52/2004 ; 194/2005 ; 172/2009 ; 161/2017 Prohibitions on winter spreading 14(1) Except as provided in this section, no person shall apply livestock manure to land between November 10 of one year and April 10 of the following year. 14(2) to (3.1) [Repealed]  M.R. 161/2017 14(3.2) [Repealed]  M.R. 172/2009 14(4) In an emergency situation, the director may issue a written authorization to a person that allows the person to apply livestock manure during all or part of the period between November 10 and April 10. The director may make such an authorization subject to such terms and conditions as he or she considers appropriate in the circumstances. 14(4.1) A person who has been issued an authorization under subsection (4) does not contravene subsection (1) if he or she complies with all terms and conditions set out in the authorization.

14(5) Where the director considers it appropriate considering local soil and weather conditions, he or she may by order vary the dates provided for in subsection (1) in relation to any part of the province that is stated in the order. The director may include such terms or conditions as he or she considers appropriate in an order under this subsection that allows the application of livestock manure during a portion of the period between November 10 and April 10. 14(5.1) A person who applies livestock manure during a period authorized by an order under subsection (5) does not contravene subsection (1) if he or she complies with all terms and conditions set out in the order. 14(6) to (9) [Repealed] M.R. 161/2017 M.R. 52/2004 ; 219/2006 ; 172/2009 ; 161/2017 Designation of Red River Valley Special Management Area 14.1 The land described in Plan No. 4298-2006, filed in the public registry, is hereby designated as the Red River Valley Special Management Area. M.R. 219/2006 ; 161/2017 Restrictions on fall spreading 14.2(1) No person shall apply livestock manure to land located in a regularly inundated area between September 10 and November 10 of any year unless (a) the livestock manure is incorporated into the soil within 48 hours after application; or (b) the livestock manure is injected into the soil. 14.2(2) Despite subsection (1), a person may, between September 10 and November 10 of one year, apply livestock manure to land located in a regularly inundated area if (a) perennial forages are established on the land; or (b) the land is managed in the following manner: (i) the soil is not disturbed except for seed planting or commercial fertilizer application, and (ii) there is adequate crop residue on the land to control erosion. M.R. 219/2006 DISPOSAL OF MORTALITIES Disposal of mortalities 15(1) No person shall keep mortalities in or at an agricultural operation unless the mortalities are kept (a) in a secure storage room, covered container or secure location; and (b) subject to subsection (1.1), continually frozen or refrigerated, if not disposed of within 48 hours after death. 15(1.1) A person is not required to keep a mortality frozen or refrigerated if he or she has made arrangements to have the mortality delivered to a rendering plant within four days after death. 15(2) No person shall dispose of mortalities except by (a) burial in accordance with subsection (3) or (3.1); (a.1) by burning in accordance with subsection (3); (b) composting in accordance with section 15.1; or (c) delivery to a rendering plant. 15(3) No person shall dispose of mortalities by incineration or burial on the property of an agricultural operation unless (a) the disposal does not cause pollution of surface water, groundwater or soil; (b) where disposal is by burial, the operation has less than 300 animal units and (i) mortalities in a burial pit are covered with a minimum of one metre of soil, (ii) the disposal site is located at least 100 m from any surface watercourse, sinkhole, spring or well and from the operation's boundaries, and (iii) the disposal site is constructed so as to prevent the escape of any decomposition products of the mortalities that cause or may cause pollution of surface water, groundwater or soil; and (c) where disposal is by burning, the mortalities are burned (i) in an incinerator that is installed and operated in compliance with the Incinerators Regulation , or (ii) in a another device that is approved by the director for burning mortalities. 15(3.1) No person shall, without the director's written approval, dispose of mortalities by burial in an agricultural operation that has 300 animal units or more. 15(3.2) [Repealed] M.R. 161/2017 15(4) [Repealed] M.R. 52/2004 15(5) Subject to subsection (6), an operator shall ensure that mortalities are not kept in or at an agricultural operation or disposed of, except in accordance with subsections (1) to (3.1). 15(6) In the event that the number of mortalities in an agricultural operation at any time exceeds the operation's routine capacity to dispose of mortalities, the operator shall (a) without delay report the situation to an environment officer and provide the officer with any information about the situation that the officer requests; and (b) dispose of the mortalities according to the director's or an environment officer's instructions. M.R. 52/2004 ; 161/2017 Composting mortalities 15.1(1) No person shall compost livestock mortalities on the property of an agricultural operation unless (a) the composting site is located at least 100 m from (i) any surface watercourse, sinkhole, spring or well, and (ii) the operation's boundaries; (b) the mortalities are composted in a manner that does not cause pollution of surface water, groundwater or soil; and (c) the composting facilities and process are acceptable to the director. 15.1(2) Clause (1)⁠(a) does not apply to an operator, or the operator's employee, in respect of a composting site that is in operation on the day subsection (1) comes into force unless the agricultural operation is expanded after that day and the expansion increases the operation's capacity to 300 animal units or more. 15.1(3) No person shall apply composted mortalities to land between November 10 of one year and April 10 of the following year. M.R. 52/2004 ; 172/2009 CONFINED LIVESTOCK AREAS Confined livestock areas 16(1) An operator shall ensure that livestock in a confined livestock area of an agricultural operation do not have access to surface water. 16(2) No person shall construct, modify or expand a confined livestock area capable of housing 300 animal units or more of livestock except under the authority of a permit issued by the director under section 16.1. 16(2.1) [Repealed] M.R. 161/2017 16(3) When there are livestock comprising more than 10 animal units in a confined livestock area of an agricultural operation, the operator shall, unless the director otherwise approves in writing, locate the area at least 100 m from (a) any surface watercourse, sinkhole, spring or well; and (b) the operation's boundaries. 16(4) If the director approves another location for a confined livestock area, the operator shall locate the area in accordance with the approval. 16(5) No person shall operate a confined livestock area of an agricultural operation in a manner that causes pollution of surface water, surface watercourse, groundwater or soil. 16(6) If a confined livestock area constructed before the day this subsection comes into force is operated in compliance with subsection (5), subsection (3) does not apply to the area unless it is modified after that day or is expanded after that day and the expansion results in the number of animal units of the expanded area being 300 or more. 16(7) Subject to subsection (8), an operator shall at least once every year remove from a confined livestock area, regardless of its size, the manure that accumulates in the area and, in accordance with this regulation, shall (a) store the manure at the agricultural operation; (b) apply the manure to land; or (c) otherwise dispose of the manure. 16(8) On request by an operator, the director may in writing approve less frequent manure removal if the director considers the less frequent removal appropriate. An operator who obtains the director's approval to less frequent manure removal shall remove the manure from the confined livestock area at least as frequently as the director's approval requires. M.R. 52/2004 ; 238/2006 ; 161/2017 Permit to construct confined livestock area 16.1(1) An application for a permit to construct, modify or expand a confined livestock area shall be made by an operator to the director on a form approved by the director and be accompanied by the information required on the application form and any additional information that the director requires. 16.1(2) After receiving an application, the director shall, in order to determine the appropriate siting and construction requirements for a proposed confined livestock area, (a) examine the site of the proposed confined livestock area and evaluate the site's soil, geology and proximity to aquifers; or (b) direct the applicant to conduct an examination and evaluation as described in clause (a) in a manner that is acceptable to the director. 16.1(3) Subject to Part 4 of the Nutrient Management Regulation , an applicant is entitled to be issued a permit if the director is satisfied that the construction can be carried out in a manner that ensures that the environment is protected and that sufficient suitable land is available to the operator to implement an appropriate manure management plan. 16.1(4) The director may include terms and conditions in a permit. 16.1(5) Without limiting the generality of subsection (4), the director may require the operator to construct a collection basin for the confined livestock area if the director believes a basin is necessary to prevent the discharge of water contaminated with manure into a surface watercourse. 16.1(6) An operator to whom a permit is issued, and a professional engineer, contractor or other person performing work for which the permit has been issued, shall comply with any terms and conditions contained in the permit. M.R. 52/2004 ; 63/2008 ; 172/2009 Collection basins 16.2(1) No person shall construct a collection basin during any period when soil is frozen, unless he or she has received written approval from the director. 16.2(2) An operator who constructs a collection basin, whether on his or her own initiative or under the terms and conditions of a permit under section 16.1, shall (a) ensure that the collection basin's minimum holding capacity is 7.5 cm of runoff from the confined livestock area's surface area and that its maximum capacity is 15 cm runoff from the surface area, in either case with a freeboard of at least 30 cm; (b) construct the collection basin in a manner that is acceptable to the director; and (c) not allow the water level in the collection basin to rise above the required 30 cm freeboard at any time. M.R. 52/2004 ; 161/2017 MANURE STORAGE FACILITIES THAT DO NOT HAVE PERMITS Registration: facilities that do not have permits 16.3(1) This section applies to a manure storage facility if it is (a) an earthen storage facility constructed before April 29, 1994; (b) a molehill, steel tank or concrete tank for storing livestock manure constructed before March 31, 1998; or (c) an under-floor concrete storage pit used to store liquid or semi-solid manure for less than 30 days and that is constructed before the day this clause comes into force. 16.3(2) No person shall store liquid or semi-solid manure in a manure storage facility unless the facility is registered with the director. 16.3(3) An application for registration of a manure storage facility shall be (a) made by an operator to the director on a form approved by the director; and (b) accompanied by the information required on the application form and any additional information that the director requires. (c) [repealed]  M.R. 161/2017 . 16.3(4) After receiving the application and before deciding whether to register the manure storage facility, the director shall review the information provided by the operator and inspect the facility. 16.3(5) Before deciding whether to register the manure storage facility, the director may require the operator to conduct an examination of the facility's integrity and proximity to surface water, surface watercourses, wells, springs, sinkholes, groundwater or other environmentally sensitive areas in a manner that is acceptable to the director and to submit a report to the director stating the results, if the director believes that the facility's integrity is causing or would likely cause (a) pollution of surface water, groundwater or soil; or (b) livestock manure to escape from the boundary of the agricultural operation. 16.3(6) Before registering a manure storage facility, the director may require the operator (a) to provide protection to nearby watercourses, wells, springs, sinkholes or other environmentally sensitive areas in a manner that is acceptable to the director; (b) to repair the manure storage facility to correct anything the director considers to be a deficiency in the facility; or (c) to modify the manure storage facility to correct anything the director considers to be a deficiency in the facility. 16.3(7) If the director requires an operator to modify a manure storage facility under clause (6)⁠(c), the operator must obtain a permit under section 6 before modifying the facility. 16.3(8) An operator who complies with the requirements of this section and any requirement the director requires under subsection (5) or (6) is entitled to registration of the manure storage facility. 16.3(9) The director may impose conditions on a registration. 16.3(10) The director may refuse to register a manure storage facility if (a) he or she is not satisfied that the environment is protected; or (b) the operator fails to comply with a requirement of this section or a requirement the director requires under subsection (5) or (6). 16.3(11) An operator shall comply with any conditions the director imposes on the registration. 16.3(12) A manure storage facility that has been constructed, modified or expanded under the authority of a permit under this regulation or the Livestock Waste Regulation , Manitoba Regulation 81/94, is deemed to have been registered under this section. M.R. 52/2004 ; 172/2009 ; 161/2017 16.4 [Repealed] M.R. 238/2006 ; 23/2008 ; 68/2008 ; 133/2008 ; S.M. 2008, c. 39, s. 6 SEASONAL FEEDING AREAS Operation of seasonal feeding areas 16.5(1) The operator of a seasonal feeding area must ensure that (a) livestock in the area do not have access to surface water; and (b) manure that accumulates in the area is field stored, composted or removed and applied to land in accordance with the requirements of this regulation. 16.5(2) The operator of a seasonal feeding area must not operate the seasonal feeding area in a manner that causes pollution of surface water, a surface watercourse, groundwater or soil. M.R. 161/2017 GENERAL PROVISIONS Variation of requirements 17(1) The director may, upon written application or on his or her own initiative vary any of the requirements of this regulation in respect of an agricultural operation, (a) to permit an innovative and environmentally sound practice or procedure relating to the use, management or storage of livestock manure or mortalities that is not sanctioned or is prohibited by this regulation to be used; or (b) in response to (i) an emergency as defined in The Emergency Measures Act , (ii) an outbreak or suspected outbreak of an animal disease, including measures to ensure biocontainment from an affected livestock operation or a disease control area, or (iii) an incident involving mass livestock mortalities. 17(2) The director may, upon written application, vary the siting requirements for a manure storage facility, composting site or confined livestock area if the director believes its construction, modification or expansion would significantly lower the risk of pollution of surface water, groundwater or soil for an existing agricultural operation. M.R. 52/2004 ; 161/2017 Experimental permits 17.1(1) On application, the director may issue a permit allowing the experimental application of manure to land other than in accordance with this regulation. The director may include terms and conditions in the permit. 17.1(2) The director may refuse to issue a permit without providing reasons for the refusal. 17.1(3) A person who obtains an experimental permit shall comply with any terms and conditions the director includes in it. M.R. 52/2004 18 [Repealed] M.R. 52/2004 ; 219/2006 ; 161/2017 Repeal 19 The Livestock Waste Regulation , Manitoba Regulation 81/94, is repealed. SCHEDULE A (Sections 5 and 6) SITING AND CONSTRUCTION REQUIREMENTS FOR MANURE STORAGE FACILITIES Siting requirements 1 The construction, modification or expansion of a manure storage facility shall meet the following minimum setback requirements: (a) 100 m from any surface watercourse; (b) 100 m from any sinkhole, spring or well; (c) 100 m from the boundaries of the agricultural operation. Construction of earthen storage facilities 2 The construction, modification or expansion of an earthen storage facility shall meet the following construction requirements: (a) to (c) [repealed]  M.R. 161/2017 ; (d) if the storage is constructed as a clay lined facility using clay soil at the site or imported and compacted clay soil, the liner must have a minimum thickness of 1 m and a maximum hydraulic conductivity no more than 1 x 10 -7 cm per second; (d.1) if the storage is constructed as a plastic lined facility, the liner must either be a high density polyethylene (HDPE) plastic material that has a minimum thickness of 60 mils or another material equivalent to 60 mils HDPE; (d.2) [repealed]  M.R. 161/2017 ; (e) excavation and compaction shall be completed during temperature conditions that are above freezing; (f) and (g) [repealed] M.R. 52/2004 ; (h) dike and floor protection shall be constructed of concrete, or another material approved in writing by an environment officer, at the following locations: (i) at the access ramp where agitation equipment or a pump is rolled into the earthen storage facility in connection with agitation or pumping operations, (ii) at the point of discharge of the inlet pipe, where livestock manure is pumped into the earthen storage facility, (iii) in the case of earthen storage facilities with two or more cells, at the overflow channel; (i) all dikes of the earthen storage facility shall be seeded to grass within one year of construction. M.R. 52/2004 ; 172/2009 ; 161/2017 Special requirements for hydrogeologically sensitive areas 3(1) The director may require a person to comply with subsection (2) if (a) the person proposes to construct, modify or expand a manure storage facility on a site that the director believes includes land (i) consisting of sand and gravel, (ii) in which an aquifer exists and less than 5 m of overburden having an expected hydraulic conductivity of 1 x 10 -7 cm per second or less will separate the bottom of the facility from the top of the uppermost underlying aquifer or fractured rock, or (iii) within the unsaturated portion of an aquifer; and (b) the director is satisfied that the construction, modification or expansion can be carried out in a manner that ensures that the environment is protected. 3(2) In the circumstances described in subsection (1), the director may require the person proposing to construct, modify or expand the manure storage facility (a) to implement a groundwater monitoring plan or install a groundwater monitoring system acceptable to the director; (b) to install a plastic or compacted clay liner and implement a groundwater monitoring plan or install a groundwater monitoring system acceptable to the director; or (c) to use an alternative method of construction or manure storage acceptable to the director. M.R. 52/2004 SCHEDULE B [Repealed] M.R. 52/2004 ; 161/2017 SCHEDULE C (Subsection 12(2.1)) SETBACK REQUIREMENTS FOR LIVESTOCK MANURE APPLICATION ON LAND ADJACENT TO SURFACE WATER, SURFACE WATERCOURSES OR GROUNDWATER FEATURES