What could municipalities do to prevent drinking water contamination around Karst?

A risk of our municpalities’ own making

Municipal councils were essential to create the “confluence risk” of drinking water contamination. While it was farmers who applied for severing off small residential lots from the original 100 acre rural properties, it were municipal councils who approved these severances. It was the thousands of severances in Grey Bruce, most of which are now built up with residential homes, that created the reliance on private drinking water wells and Karst aquifers in the first place. Now, each of these severances has a rural home, a private drinking water well, and citizens who are all protected through Ontario’s Environmental Bill of Rights. Hence, municipal councils have a key responsibility to protect these thousands of families who now live in these rural residences.

In some cases, the Province may feel the need to restrict or even revoke these bylaws. If this is the case, then the Province assumes responsibility for protecting the citizens’ rights to clean drinking water. Given that our region is known for the Walkerton Tragedy, the province will be cautious in how they restrict the actions of our municipalities, in order to avoid assuming liability and a public relations crisis. At times, it may be the most successful strategy if a council passed a bylaw that pushes the regulatory envelop slightly, in order to engage in a regulatory process with the Province.

How could municipalities manage the drinking water risk?

Municipalities in Ontario can implement several bylaws to restrict farming practices on farmland that is extremely susceptible to contamination, particularly in areas with vulnerable aquifers like those underlain by Karst topography. These bylaws can help protect water quality and public health. Here are some examples of such bylaws:

1. Nutrient Management Bylaws

• Restrictions on Manure Application: Limit the application of manure on land with Karst features or fractured bedrock to reduce the risk of groundwater contamination.
• Mandatory Buffer Zones: Establish buffer zones where manure application is prohibited near water bodies, private wells, and residential areas.
• Seasonal Restrictions: Prohibit manure spreading during certain times of the year (e.g., during wet seasons or when the ground is frozen) to minimize runoff and leaching.

2. Land Use Zoning Bylaws

• Special Protection Areas: Designate vulnerable areas as special protection zones where intensive agricultural practices are restricted or prohibited.
• Agricultural Land Use Restrictions: Limit the types of crops that can be grown and the types of livestock operations allowed in areas with high contamination risks.
• Conditional Use Permits: Require farmers to obtain conditional use permits for specific agricultural activities, ensuring that environmental assessments are conducted before approval.

3. Water Protection Bylaws

• Wellhead Protection Areas: Establish wellhead protection areas around municipal and private wells, restricting certain agricultural activities within these zones.
• Groundwater Monitoring Requirements: Mandate regular groundwater quality monitoring for farms within vulnerable areas to detect contamination early, in particular for Nitrate contamination that is currently not monitored.
• Best Management Practices (BMPs): Require the adoption of Karst-appropriate BMPs for soil conservation, nutrient management, and pesticide use to protect water quality.

4. Site-Specific Bylaws

• Karst Management Plans: Require landowners to develop and implement Karst management plans that identify and mitigate risks associated with farming on Karst terrain.
• Bedrock Assessment: Mandate bedrock assessments before approving new agricultural developments or changes in land use to ensure suitability and minimize contamination risks.
• Erosion Control Measures: Enforce erosion control measures such as cover cropping, maintaining soil cover at all times, contour plowing, and maintaining vegetative buffers to reduce soil erosion and runoff.

5. Agricultural Performance Standards

• Implement Wisconsin’s Silurian Bedrock Agricultural Performance Standard: Adapt and enforce standards similar to those used in Wisconsin to protect groundwater in Karst regions. This may include specific guidelines on nutrient application, manure storage, and land management practices.

6. Education and Outreach Bylaws

• Mandatory Training Programs: Require farmers and landowners in vulnerable areas to participate in training programs on sustainable farming practices and water protection strategies.
• Public Awareness Campaigns: Launch public awareness campaigns to inform the community about the importance of protecting vulnerable aquifers and the role of sustainable farming practices.

7. Development Control Bylaws

• Subdivision Restrictions: Limit the subdivision of agricultural land into smaller plots in vulnerable areas to reduce the density of potential contamination sources.
• Infrastructure Development Controls: Regulate the development of agricultural infrastructure, such as manure storage facilities and feedlots, ensuring they are designed and located to minimize environmental impact.

8. Enforcement and Penalties

• Inspection and Compliance Programs: Establish regular inspection programs to ensure compliance with bylaws and BMPs.
• Penalties for Non-Compliance: Implement penalties for violations of bylaws, including fines and mandatory remediation measures.

Example Bylaw Language

Nutrient Management Bylaw Example: “Manure application is prohibited within 100 meters of any water body, wellhead, or residential property line in designated Karst protection zones. Manure spreading is restricted from November 1 to April 1 to prevent runoff during freeze-thaw cycles.”

Land Use Zoning Bylaw Example: “All land within the designated Karst vulnerability zone shall be subject to special agricultural zoning. Intensive livestock operations and high-nitrogen crops are prohibited. Conditional use permits are required for any new agricultural activity, subject to environmental impact assessments.”

These bylaws are examples how municipalities in Ontario could take proactive steps to protect their water resources and public health from the risks associated with agricultural activities in vulnerable areas.