Legislation protecting Saskatchewan's water resources by requiring proper storage and management of livestock wastes was first created in 1971. The current legislation, The Agricultural Operations Act was established in 1996 to provide a regulatory framework to address complaints of agricultural nuisances, and to enhance legislation governing intensive livestock. Saskatchewan Agriculture's Agricultural Operations Section administers The Agricultural Operations Act. The two regulatory sections of the Act are: 1) the Nuisance Provisions and 2) the Intensive Livestock Provisions.

Nuisance Provisions:

The nuisance provisions of the Act protects farmers performing normal farm practices from unreasonable court action. It also protects neighbours from odour, noise, dust, flies or other disturbances caused by inappropriate farming practices. The Act establishes a process for reviewing and mediating disputes through the Agricultural Operations Review Board. For more information on this subject, contact Saskatchewan Agriculture or visit the website.

Intensive Livestock Provisions:

The Intensive Livestock Provisions apply to certain intensive livestock operations. They require operators to have plans to store and manage livestock wastes in a manner which protects water resources.

In addition to Saskatchewan Agriculture, other agencies may have regulatory requirements for livestock producers.

• Saskatchewan Watershed Authority regulates water use and the diversion of surface water.
• Rural municipalities are responsible for land-use planning, and may require a development permit. Separation of livestock developments from neighbouring land uses is the responsibility of the rural municipality. Ensuring separation is one of several criteria considered when the discretionary use decision is taken for an application for a development permit. Municipal requirements should be determined as early in the development process as possible.
• Saskatchewan Environment may have requirements for domestic waste, dead stock disposal, shoreline development or other activities which may have impacts on the environment.
• Other agencies may also have requirements. These should be determined early in the development process.

Under the Act, a livestock operation is defined as intensive if the space per animal unit, where livestock is confined, is less than 370 m2 (4,000 ft2).

What is an animal unit?

An animal unit is a means of comparing different ages and species of livestock. The manure volume produced by one animal unit is approximately the same across species. One cow, 200 broiler chickens or six feeder pigs represent one animal unit.

Why is site selection important?

Determining the location of a livestock operation is a critical development decision. In addition to the many functional and business considerations associated with choosing a location, the site's potential environmental risks should be considered early in the process. Choosing a site which affords natural protection for water resources may reduce development costs, provide operational efficiencies and minimize difficulties in obtaining regulatory approvals.

The Act requires livestock operators to develop and operate according to plans approved by Saskatchewan Agriculture for storing their manure and managing the nutrients and mortalities so that water resources are not at risk.

Manure Storage Plans:

A plan for the storage of manure is required. The plan for storing manure must ensure that surface and ground water pollution will not occur. Preparing this plan requires an investigation to determine regional and local soil and groundwater conditions, and the provision of a topographical survey of the site.

Liquid Manure:

A qualified professional is required to investigate the geological conditions at the site, and to prepare plans for a liquid manure storage system. Earthen manure storages (EMS) are often suitable; however, if the level of natural groundwater protection is inadequate, more sophisticated containment systems - including clay liners, synthetic liners, tile drainage/collection systems or tanks - may be required.

Solid Manure:

Solid manure is often stored in pens or stockpiled when removed from pens or barns. Plans must demonstrate that surface water is protected from runoff from these areas. This is normally accomplished with constructed dikes, ditches and containment ponds.

Nutrient Management Plans:

Plan approval requires that sufficient land area is available to receive all the manure produced. Manure may be applied to a parcel of land every two or three years at an application rate that meets the planned crop nitrogen requirements under average climatic conditions. Producers are advised to test their soil and customize their plans to ensure crop needs are met for all nutrients. Good land stewards implement beneficial management practices for optimal agronomic and environmental benefits.

Mortalities Management Plan:

Acceptable mortality management plans include: burial in suitable locations; incineration (with appropriate Saskatchewan Environment permits); and composting or rendering. Plans must demonstrate that water resources are protected from disposal of the carcasses. Operators should include plans for a catastrophic death loss event, such as a ventilation failure, disease or fire.

The following intensive livestock operations require Saskatchewan Agriculture's approval of plans:

• If liquid waste is to be stored in an earthen manure storage.       
• If the size of the operation is more than 300 animal units.           
• If the size of the operation is between 20 and 300 animal units and within 300 metres of a watercourse or 30 metres of a well not controlled by the operator.

Contact a Saskatchewan Agriculture Regional Specialist regarding your specific requirements.

Public Process:

Livestock developers are encouraged to initiate a public consultation process. All developers should discuss their plans with their neighbours and their rural municipality, and those developing large operations should consider a formal process involving public notices and open houses. Other agencies may have specific requirements for a public consultation process associated with their regulatory process.

Site Characterization:

A site investigation will determine the presence and location of ground and surface water resources and the natural geological and topographical protection provided by the site. Interpretation of local (site) conditions requires evaluation of the regional geology from existing data sources. Site characterization is normally completed by a qualified professional.

Application:

The developer must prepare an application for approval of waste storage, nutrient and mortalities management plans. The application must contain sufficient information about the operation, management practices and geophysical information necessary to support the plans. Supporting information includes: designation of land for manure application with cropping plans; existing information (such as well driller's reports, surficial and subsurface geological reports and topographical maps); soil and groundwater investigation results; and a topographical survey and plan. This information is used to verify site conditions and to provide design parameters for manure storage facilities and mortality disposal plans, as well as to support the nutrient management plan. Anticipate several months for application preparation.

Review and Decision:

The application is reviewed by Saskatchewan Agriculture and other referral agencies. The referral agencies have 40 days to provide comments to Saskatchewan Agriculture on their regulatory process and to identify environmental sensitivities not addressed in the application. These agencies include, but are not limited to, the local rural municipality, Saskatchewan Environment (SE), Municipal Affairs, Saskatchewan Highways and Infrastructure, Saskatchewan Advanced Education, Employment and Labour, and the Saskatchewan Watershed Authority. SE reviews applications to determine the applicability of The Environmental Assessment Act. After all referral comments are received, a decision is made by Saskatchewan Agriculture, usually within three weeks.

Audit:

Saskatchewan Agriculture personnel inspect waste storage facilities and audit nutrient and mortality management practices to ensure they meet the requirements of the plan. Operators are encouraged to advise Saskatchewan Agriculture if there is a significant change in the operation, such as ownership, size or species or plan alteration.

Saskatchewan Agriculture will co-operate with the operator to establish compliance with the legislation and to ensure water resources are protected. The Act prescribes a number of enforcement options when producers do not address potential risks within an acceptable time period. Agricultural Operations staff have the authority to enter property for the purpose of conducting an inspection. The Act enforcement options include: suspension or cancellation of an approval; the issuance of Minister's Orders; and prosecution through the courts. The court may assess fines and require the operation to come into compliance with the Act.

Information is available for intensive livestock developers on Saskatchewan Agriculture's website: www.agriculture.gov.sk.ca.

Agricultural Operations
Saskatchewan Agriculture
Room 202
3085 Albert Street, Regina SK
S4S 0B1
(306) 787-4680

Agricultural Operations Regional Specialists: