Standards and Administration Regulation (Alta. Reg. 267/2001)

Alta. Reg. 267/2001

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 267/2001 With amendments up to and including Alberta Regulation 146/2025 Current as of June 23, 2025 AGRICULTURAL OPERATION PRACTICES ACT STANDARDS AND ADMINISTRATION REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 146/2025) ALBERTA REGULATION 267/2001 Agricultural Operation Practices Act STANDARDS AND ADMINISTRATION REGULATION Table of Contents 1

Definitions

Part 1 Standards 2 Standards apply 2.1 Adopted document 3 Minimum distance separation Manure Storage 4 Seasonal feeding and bedding sites, livestock corrals 5 Short term solid manure storage 6 Surface water control system 7 Natural water and wells 8 Flooded areas 9 Groundwater resource protection 1 0 Manure storage 10.1 Organic materials storage 1 1 Liquid manure containment 1 4 Side slope 1 5 Manure storage fac ility protection 1 6 Bottom filling 1 7 Sealing 1 8 Leak detection 1 9 Catch basins 2 0 Fly and dust control 2 1 Unused operation or facility Nutrient Management 2 2 Application 2 3 Nutrient management requirements 2 4 Manure application limits 24.1 Land application of organic materials 2 5 Soil protection

Section 1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 2 26 Nutrient management plan 2 7 Irrigation of manure

Part 2 General Administration Matters 2 8 Records 2 9 E x p i r y 3 0 Coming into force Schedules

Definitions 1(1) In this Regulation, (a) “Act” means the Agricultural Operation Practices Act; (b) “aquifer” means an aquifer as defined under the Water Act; (c) “catch basin” means an exc avation or a diked or walled structure that is designed to intercept and store runoff, or a combination of structures; (c.01) “catch basin contents” m eans the runoff captured in a catch basin; (c.1) “Code” means the On-Farm Storage and Land Application Code adopted under

section 2.1; (d) “common body of water” means the bed and shore of an irrigation canal, a drainage canal, a reservoir, a river, a stream, a creek, a lake, a marsh, a slough or another exposed body of water, but does not include (

i) repealed AR 85/2004 s1, (ii) a reservoir, lake, marsh o r slough that is completely surrounded by private land controlled by the owner or operator and has no outflow going directly beyond the private land to a drainage canal, reservoir, river, permanent stream or creek, lake or potable water source that is being used for human or livestock consumption, (iii) an irrigation canal or a drainage canal that is completely surrounded by private land controlled by the owner or operator and has no outflow going beyond the private land,

Section 1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 3 (iv) a roadside ditch, (

v) a wastewater system as defined in the Environmental Protection and Enhancement Act, (vi) a storm drainage system as defined in the Environmental Protection and Enhancement Act, and (vii) a temporary stream on private land controlled by the owner or operator that has no outflow going beyond the private land directly to a drainage canal, reservoir, river, permanent stream or creek, lake or potable water source that is being used for human or livestock consumption; (

e) repealed AR 85/2004 s1; (

f) repealed AR 215/2006 s2; (g) “freeboard” means the ver tical distance between the full storage level of a structure and the upper edge of the structure; (g.1) “groundwater r esource” means an aquifer below the site of a confined feeding operation or a manure storage facility (

i) that is being used as a water supply for the purposes of domestic use, or (ii) if no aquifer referred to in subclause (

i) exists, (

A) an aquifer that has a sustained yield of 0.76 litres per minute or more and a total dissolved solids concentration of 4000 milligrams per litre or less as determined by well records, well drilling logs, hydrogeological maps, hydrogeological reports or other evidence satisfactory to an approval officer or the Board, and (

B) if there is more than o ne aquifer that meets the requirements of paragraph (A), the aquifer that an approval officer or the Board considers to be the best suited for development as a water supply for the purposes of domestic use; (h) “liner” means, w ith respect to a manure storage facility or manure collection area, a layer constructed out of natural or manufactured materials that restricts the migration of

Section 1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 4 the contents of the manure storage facility or manure collection area; (i) “liquid manure” means manu re that is in a predominantly liquid state or manure to which water has been added, yielding a substance that is less than 20% solid matter, flows and is pumpable; (i.01) “liquid manure storage facility” means a manure storage facility for the storage of liquid manure, liquid organic materials or both; (i.02) “liquid organic materials” means organic materials that are in a predominantly liquid state or organic materials to which water has been added, yielding a substance that is less than 20% solid matter, flows and is pumpable; (i.1) “manure handling plan” means a manure handling plan referred to in

section 10; (i.2) “nutrient management plan” means a nutrient management plan referred to in

section 26; (

j) repealed AR 85/2004 s1; (k) “private land” means land t hat is not owned by the Crown in right of Alberta or of Canada or their agents; (l) “professional engineer” means a professional engineer under the Engineering and Geoscience Professions Act; (l.1) “protective layer” means, with respect to a manure storage facility or manure collection area, one or more layers of naturally occurring materials that, individually or in the aggregate, restrict the migration of the contents of the manure storage facility or manure collection area; (m) “records” include designs, plans, test results and monitoring records; (n) “runoff” means liquid that d rains as surface flow out of an agricultural operation or part of an agricultural operation and includes rainwater and meltwater; (o) “run-on” means liquid that drains as surface flow onto an agricultural operation or part of an agricultural operation and includes rainwater and meltwater; (p) “solid manure” means manure that is 20% or more solid matter and that does not flow when piled;

Section 1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 5 (p.1) “solid manure collection ar ea” means a manure collection area where solid manure, solid organic materials or compost, or runoff from any one or combination of these, collects; (p.2) “solid manure storage f acility” means a manure storage facility for the storage of solid manure, solid organic materials or compost, or any one or combination of these; (p.3) “solid organic materials” means organic materials that are 20% or more solid matter and that do not flow when piled; (q) “water body” means a water body as defined under the Water Act; (r) “water table” means the top of the zone of water saturation where water pressure equals atmospheric pressure regardless of whether the water is usable; (s) “water well” means a water well as defined under the Water Act.

(2) In this Regulation, unless the context indicates otherwise, a reference to (

a) manure includes liquid ma nure and solid manure, and (

b) organic materials includes liquid organic materials and solid organic materials.

(3) For nutrient management purposes, catch basin contents are considered to be manure, organic materials and compost.

(4) For the purposes of (

a) section 1(b.701) of the Act and this Regulation, the organic materials that may be used to form digestate as a by-product resulting from anaerobic digestion are (

i) m a n u r e , o r (ii) a mixture of manure and o rganic materials listed in Table 5.2.1 of the Code in the proportions listed in

section 5.2 of the Code, a n d (

b) section 1(e.1)(iii) of the Act, the substances listed in Tables 5.1.1, 5.1.2 and 5.1.3 of the Code are organic materials. AR 267/2001 s1;85/2004;215/2006;170/2012; 290/2020;146/2025

Section 2 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 6

Part 1 Standards Standards apply 2(1) This Part applies to the owner or operator of a confined feeding operation for which an approval, registration or authorization is required under the Act.

(2) This Part applies to the owner or operator of a manure storage facility for which an authorization is required under the Act.

(3) This Part applies to the owner or operator of a seasonal feeding and bedding site.

(4) This Part applies to the owner or operator of a manure collection area, whether or not the manure collection area is associated with a confined feeding operation required to be approved or registered under the Act or with a manure storage facility required to be authorized under the Act.

(5) This Part applies to a person who applies manure, organic materials or compost.

(6) A person to whom this Part applies must maintain the agricultural operation in accordance with the standards under this Part. AR 267/2001 s2;85/2004;215/2006;146/2025 Adopted document 2.1 The On-Farm Storage and Land Application Code established by the Minister under

section 44.1 of the Act on June 12, 2025 and published on the website of the Minister’s department, as amended from time to time, is adopted by and forms part of this Regulation. AR 215/2006 s4;35/2007;68/2008;146/2025 Minimum distance separation 3(1) An approval officer and the Board must not issue or amend an approval, registration or authorization for a confined feeding operation or for a manure storage facility unless the minimum distance separation for the operation or facility complies with this section.

(2) The minimum distance separation must be calculated using

Schedule 1 as of the date the application is received by an approval officer or the Board.

(3) Despite subsection (2), the minimum distance separation must be not less than 150 m as of the date the application is received by an approval officer or the Board.

Section 3 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 7

(4) On request by the applicant and before the application is complete, an approval officer must provide the applicant with a preliminary calculation of the minimum distance separation.

(5) Despite subsection (1), an approval officer or the Board may issue or amend an approval, registration or authorization if the applicant is (

a) applying to change the type of livestock or category of livestock and the minimum distance separation for the type of livestock or category of livestock is the same as or less than the minimum distance separation for the existing type of livestock or category of livestock on the confined feeding operation, (

b) applying to increase the amount of manure, organic materials or compost storage or is applying to change the method of storing manure, organic materials or compost but the total amount of manure, organic materials and compost produced annually will not be increased, or (

c) applying to (

i) build a new building to replace an existing building, (ii) build an additional building, or (iii) modify or expand an existing building on the site of the confined feeding operation but the total amount of manure, organic materials and compost produced annually will not be increased.

(6) The minimum distance separation calculated under subsections (2) and (3) does not apply to a residence within the minimum distance separation if (

a) the owner of the reside nce waives, in writing, the requirements of those subsections, or (

b) the owner or operator of the proposed operation or facility owns or controls the residence.

(7) If there is an application to issue or amend an approval, registration or authorization for the purpose of expanding an existing confined feeding operation or manure storage facility and there is a residence within the minimum distance separation as determined under subsections (2) and (3) an approval officer or the Board may reduce the applicable minimum distance separation.

(8) If there is an application to issue or amend an approval, registration or authorization for the purpose of expanding an

Section 3 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 8 existing confined feeding operation or manure storage facility and there is a residence within the minimum distance separation of the existing operation or facility as determined under subsection (9), the minimum distance separation calculated under subsections (2) and (3) does not apply with respect to that residence if an approval officer or the Board is satisfied that the residence was constructed after the owner or operator of the confined feeding operation or manure storage facility (

a) submitted an application under the Act for an approval, registration or authorization or for an amendment of an approval, registration or authorization, (

b) submitted an application, b efore January 1, 2002, for a development permit pursuant to the Municipal Government Act or for a licence, permit or other approval pursuant to the Public Health Act, or (

c) started construction of the confined feeding operation or manure storage facility before January 1, 2002 and no development permit, licence, permit or other approval referred to in clause (

b) was issued.

(9) The minimum distance separation of the existing confined feeding operation or manure storage facility described in subsection (8) is (

a) the minimum distance separation calculated for the confined feeding operation or manure storage facility when the operation or facility was constructed, as determined by reference to (

i) the approval, registration or authorization issued by an approval officer or the Board, (ii) the development pe rmit issued under the Municipal Government Act or a licence, permit or other approval issued under the Public Health Act, (iii) the relevant municipal bylaw under the Municipal Government Act, or (iv) any other evidence accept able to an approval officer or the Board, o r (

b) the minimum distance separation calculated in accordance with

Schedule 1 if a minimum distance separation was not calculated at the time the operation or facility was

Section 4 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 9 constructed or if the calculation cannot be determined pursuant to clause (a).

(10) If the application referred to in subsection (8) is to issue or amend a registration or authorization, an approval officer or the Board may, based on a consideration of the effects on the community, if any, within the minimum distance separation of the confined feeding operation or manure storage facility and on consideration of the appropriate use of land, determine that subsection (8) does not apply to that application.

(11) If an approval officer or the Board determines that a confined feeding operation that has manure storage facilities or manure collection areas located on adjacent land parcels, is under the control of a single owner or operator, the approval officer or the Board must determine, for the purposes of calculating the minimum distance separation, whether that confined feeding operation is one or more operations.

(12) The owner or operator of a confined feeding operation or of a manure storage facility who holds an approval, registration or authorization with respect to the operation or facility must locate the operation or facility so that it complies with the applicable minimum distance separation, as calculated under this section.

AR 267/2001 s3;84/2003;85/2004;215/2006;146/2025 Manure Storage Seasonal feeding and bedding sites, livestock corrals 4(1) The owner or operator of a seasonal feeding and bedding site or a livestock corral must locate the site or corral 30 metres or more from a common body of water. (2) Subsection (1) does not apply to a seasonal feeding and bedding site or a livestock corral if the owner or operator (

a) constructs an int erceptor between the site or corral and the common body of water that diverts runoff away from that common body of water, or (

b) removes manure and bedding that accumulates at the site or corral to an appropriate manure storage facility before runoff occurs from the site or corral. AR 267/2001 s4;85/2004 Short term solid manure storage 5(1) In this section, “short term” means an accumulated total of not more than 7 months over a period of 3 years.

Section 6 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 10

(2) A person who stores solid manure, solid organic materials or compost for a short term in a particular location is not considered to be the owner or operator of a manure storage facility because of that storage.

(3) A person to whom subsection (2) refers must store the solid manure, solid organic materials and compost not less than 150 metres from the nearest residence that is not owned or under the control of the owner or operator of the storage area. (4) Subsection (2) does not apply to a person who stores solid manure, solid organic materials or compost on a feedlot. (5) Sections 7(1) and 8 apply to the solid manure, solid organic materials and compost stored under subsection (2).

(6) A short term solid manure, solid organic materials or compost storage site must be located at least 1 m above the water table and must not be located on land that (

a) is within 30 m of a common body of water, where the land slopes towards the common body of water and the mean slope of the land measured over 90 m from the edge of the common body of water is 4% or less, (

b) is within 60 m of a common body of water, where the land slopes towards the common body of water and the mean slope of the land measured over 90 m from the edge of the common body of water is greater than 4% but less than 6%, (

c) is within 90 m of a common body of water, where the land slopes towards the common body of water and the mean slope of the land measured over 90 m from the edge of the common body of water is 6% or greater but less than 12%, or (

d) has a mean slope of 12% or greater, where the land slopes towards the common body of water. AR 267/2001 s5;85/2004;215/2006;146/2025 Surface water control system 6(1) If required by an approval officer or the Board, an owner or operator of a confined feeding operation or manure storage facility must ensure that the operation or facility has (

a) a natural surface water control system, (

b) a constructed surface water control system, or

Section 7 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 11 (

c) a combination of both systems that meets the requirements of this section.

(2) The design, placement, construction, installation, maintenance, replacement, removal and operation of the surface water control system must comply with the following: (

a) the system must limit the amount of surface water and run-on and runoff flowing through and from the operation or facility; (

b) the system must not signi ficantly alter the volume, quality or rate of water flowing to each location where water naturally discharges from the area covered by the confined feeding operation or the manure storage facility; (

c) the system must not alter or affect any non-flowing water body; (

d) the system must not be lo cated on a fish bearing water body as determined from maps described in the Code of Practice for Watercourse Crossings adopted in

section 3(2) of the Water (Ministerial) Regulation (AR 205/98); (

e) if required by an approval officer or the Board, an owner or operator of a confined feeding operation or a manure storage facility must have a professional engineer (

i) design and develop the plans for the system, (ii) stamp and sign the plans, and (iii) certify that the design and the plan meet the requirements of clauses (

a) to (d).

(3) The owner or operator of a confined feeding operation, manure storage facility or manure collection area must give the Director under the Water Act a true copy of the documents referred to in subsection (2)(

e) if the Director requests a copy. AR 267/2001 s6;215/2006 Natural water and wells 7(1) The owner or operator of a manure storage facility or a manure collection area must not construct the facility or area (

a) less than 100 metres from a spring, (

b) less than 100 metre s from a water well, or (

c) less than 30 metres fro m a common body of water.

Section 8 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 12 (2) Subsection (1)(

a) and (

b) does not apply if the owner or operator (

a) demonstrates to an approva l officer or the Board, before the facility or area is constructed, that an aquifer from which the spring rises or into which the water well is drilled is not likely to be contaminated by the facility, and (

b) if required by an approval officer or the Board, implements a groundwater monitoring program. (3) Subsection (1)(

c) does not apply if the owner or operator demonstrates to an approval officer or the Board, before the facility or area is constructed, that (

a) the natural drainage from the facility or area is away fro m the common body of water, or (

b) a berm or other secondar y protection for the common body of water constructed by the owner or operator protects the common body of water from contamination. AR 267/2001 s7;215/2006 Flooded areas 8(1) The 1:25 year maximum flood level at a manure storage facility or at a manure collection area must be not less than one metre below any part of the facility where run-on can come into contact with the manure, organic materials or compost that has been collected or stored.

(2) If the 1:25 year maximum flood cannot be determined, the manure storage facility or manure collection area must be not less than one metre below any part of the facility where run-on from the highest known flood level can come into contact with the manure, organic materials or compost that has been collected or stored.

(3) Repealed AR 215/2006 s9. AR 267/2001 s8;215/2006;146/2025 Groundwater resource protection 9(1) A manure storage facility and a manure collection area must have either a protective layer or a liner.

(2) In the case of a protective layer referred to in subsection (1), (

a) the bottom of the manure storage facility or the collectio n area must not be less than 1 m above the water table of the site at the time of construction, and

Section 9 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 13 (

b) the bottom of the protective layer must not be less than 1 m above the top of the uppermost groundwater resource.

(3) In the case of a liner referred to in subsection (1), the bottom of the liner (

a) must not be less than 1 m a bove the water table of the site at the time of construction, and (

b) must not be less than 1 m above the top of the uppermost groundwater resource.

(4) Repealed AR 290/2020 s3.

(5) A protective layer referred to in subsection (1) must provide equal or greater protection than that provided by naturally occurring materials (a) 10 m in depth with a hydra ulic conductivity of not more than 1 x 10-6 centimetres per second for a liquid manure storage facility, (b) 5 m in depth with a hydraulic conductivity of not more than 1 x 10-6 centimetres per second for a catch basin, or (c) 2 m in depth with a hydraulic conductivity of not more than 1 x 10-6 centimetres per second for a solid manure storage facility or solid manure collection area.

(6) A liner referred to in subsection (1), if constructed of compacted soil or constructed of concrete, steel or other synthetic or manufactured materials, must provide equal or greater protection than that provided by compacted soil (a) 1 m in depth with a hydraulic conductivity of not more than 1 x 10-7 centimetres per second for a liquid manure storage facility, (b) 1 m in depth with a hydraulic conductivity of not more than 5 x 10-7 centimetres per second for a catch basin, or (c) 0.5 m in depth with a hydraulic conductivity of not more than 5 x 10-7 centimetres per second for a solid manure storage facility or solid manure collection area.

(7) An approval officer may issue or amend an approval, registration or authorization for a manure storage facility or manure collection area if it has a liner or a protection system that uses biological methods, monitoring or performance standards that provide equal or greater protection than that provided by subsection (6).

Section 10 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 14

(8) Repealed AR 290/2020 s3. AR 267/2001 s9;85/2004;215/2006;306/2006;290/2020 Manure storage 10(1) Subject to subsection (2), the owner or operator of a confined feeding operation must construct manure storage facilities that are sufficient to store all the manure produced by the operation over a period of at least 9 consecutive months or fewer consecutive months if an approval officer or the Board approves a manure handling plan submitted by the owner or operator. (2) Subsection (1) does not apply to an owner or operator of a confined feeding operation who stores solid manure in accordance with

section 5. AR 267/2001 s10;85/2004;215/2006 Organic materials storage 10.1(1) Subject to subsections (3) to (10), a person may store organic materials in accordance with this Regulation with manure or compost in a manure storage facility or short-term solid manure, solid organic materials or compost storage site.

(2) A person who stores organic materials referred to in

section 1(e.1)(

i) or (ii) of the Act or listed in Table 5.1.3 of the Code in a manure storage facility or short-term solid manure, solid organic materials or compost storage site is not required to mix those organic materials with manure.

(3) A person who intends to store organic materials listed in Table 5.1.1 or 5.1.2 of the Code in a short-term solid manure, solid organic materials or compost storage site or a manure storage facility must ensure that the organic materials are mixed in accordance with subsection (4) within 48 hours after the organic materials arrive at the solid manure, solid organic materials or compost storage site or manure storage facility unless to do so would be impracticable.

(4) The person referred to in subsection (3) must ensure that organic materials referred to in subsection (3) (

a) that are listed in Table 5.1.1 of the Code are mixed with (

i) at least the minimum percentage of solid manure specified in that Table for mixture with that material, or (ii) if no percentage is sp ecified, at least 50% solid manure,

Section 10.1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 15 a n d (

b) that are listed in Table 5.1.2 of the Code are mixed with (

i) at least the minimum percentage of liquid manure specified in that Table for mixture with that material, or (ii) if no percentage is sp ecified, at least 50% liquid manure.

(5) Subject to subsection (10), an owner or operator of a confined feeding operation or manure storage facility must not add organic materials to the facility that results in the facility exceeding the lesser of its storage capacity and any capacity limits established under the Act for a manure storage facility.

(6) Subject to subsection (10), an owner or operator of a confined feeding operation that can produce up to 20 000 tonnes of manure per year may add organic materials that are not manure to the manure storage facility or facilities at the confined feeding operation totalling no more than an amount equal to 20 000 tonnes.

(7) Subject to subsection (10), an owner or operator of a confined feeding operation that can produce more than 20 000 tonnes of manure per year may add organic materials to the manure storage facility or facilities at the confined feeding operation totalling no more than an amount equal to the amount of manure the operation may produce in a year.

(8) Subject to subsection (10), a person who stores solid manure, solid organic materials or compost in a short-term solid manure, solid organic materials or compost storage site may not store more than 20 000 tonnes of solid organic materials that are not manure in that site.

(9) Subject to subsection (10), an owner or operator of a manure storage facility that is not part of a confined feeding operation who stores organic materials in a manure storage facility may not store more than 20 000 tonnes of organic materials that are not manure in that facility.

(10) A person referred to in subsections (1) and (3) to (9) must not add organic materials to a manure storage facility or short-term solid manure, solid organic materials or compost storage site exceeding any limit set out in Table 5.1.1 or 5.1.2 of the Code for those materials. AR 146/2025 s6

Section 11 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 16 Liquid manure containment 11(1) An open liquid manure storage facility must not (

a) in the case of an above ground steel or concrete tank, hav e a freeboard of less than 0.3 m when the facility is full, and (

b) in any other case, have a freeboard of less than 0.5 m when the facility is full.

(2) In addition to the requirements of subsection (1), the owner or operator of an open liquid manure storage facility must provide a system of secondary containment of liquid manure, liquid organic materials or both if there is a reasonable possibility that liquid manure, liquid organic materials or both can be discharged into a common body of water. AR 267/2001 s11;290/2020;146/2025 12, 13 Repealed AR 215/2006 s12. Side slope 14(1) The horizontal to vertical ratio of the slope of the inside wall of an earthen liquid manure storage facility must not be less than 3:1 and must be consistent with the requirements of the design of the liner and the equipment used in the facility.

(2) The horizontal to vertical ratio of the slope of the outside wall of an earthen liquid manure storage facility must not be less than 4:1. (3),

(4) Repealed AR 215/2006 s13. AR 267/2001 s14;215/2006 Manure storage facility protection 15(1) The owner or operator of a manure storage facility or a manure collection area must (

a) construct the facility or collection area so that the outs ide walls are protected from erosion, and (

b) maintain the phys ical integrity of the liner or protective layer.

(2) The owner or operator of a liquid manure storage facility must (

a) construct the facility so that the inside walls, bottom an d outside walls are protected from erosion and damage, and

Section 16 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 17 (

b) maintain the phys ical integrity of the liner or protective layer. AR 267/2001 s15;215/2006;146/2025 Bottom filling 16 The owner or operator of a liquid manure storage facility must construct the facility so that the structure through which the primary cell is filled is located within the bottom quarter of the facility. 17 Repealed AR 290/2020 s5.

Leak detection 18(1) If an approval officer considers that there is a risk to the environment, the approval officer may require the owner or operator of a liquid manure storage facility to install and maintain a leakage detection system for the liquid manure storage facility consisting of at least one monitoring well up gradient of the facility and at least 2 monitoring wells down gradient from the facility of a type appropriate to determine whether there are leaks.

(2) As determined by an approval officer, the owner or operator of a liquid manure storage facility must monitor the monitoring wells installed under subsection (1) at regular intervals to detect contamination from the facility. AR 267/2001 s18;85/2004;215/2006;146/2025 Catch basins 19(1) If required by an approval officer, the owner or operator of a long-term solid manure storage facility or a confined feeding operation must construct a catch basin that meets the requirements of this section.

(2) The catch basin must have a storage capacity that can accommodate at least a one-day rainfall that has a one-in-30-year probability, as calculated in accordance with

Schedule 2.

(3) In addition to the storage capacity under subsection (2), the catch basin must have a freeboard of not less than 0.5 metres when the basin is filled to capacity.

(4) Repealed AR 290/2020 s5. AR 267/2001 s19;85/2004;215/2006;290/2020;146/2025 19.1 Repealed AR 85/2004 s11.

Section 20 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 18 Fly and dust control 20(1) Repealed AR 290/2020 s5.

(2) An approval officer or an inspector may require an owner or operator of a confined feeding operation or a manure storage facility to use a specific dust or fly control program at a location occupied by the operation, facility or site.

AR 267/2001 s20;215/2006;290/2020;146/2025 Unused operation or facility 21 The owner or operator of land or buildings that are a confined feeding operation, a manure storage facility or a seasonal feeding and bedding site that are not being used as a confined feeding operation, a manure storage facility or a seasonal feeding and bedding site must remove the manure, organic materials and compost from the land or buildings within one year, or a shorter or longer term set by an approval officer, an inspector or the Board.

AR 267/2001 s21;85/2004;215/2006;146/2025 Nutrient Management Application 22 Sections 22 to 27 apply to manure, organic materials and compost. AR 267/2001 s22;85/2004;290/2020;146/2025 Nutrient management requirements 23 The owner or operator of an agricultural operation must manage manure, organic materials and compost in accordance with the nutrient management requirements of

Schedule 3. AR 267/2001 s23;85/2004;146/2025 Manure application limits 24(1) A person must apply manure, organic materials or compost only to arable land and, subject to subsections (5) to (7), if applied to cultivated land, the manure, organic materials or compost must be incorporated within 48 hours of the time when manure, organic materials or compost is first applied, unless to do so would be impracticable.

(2) Repealed AR 290/2020 s7.

(3) A person who applies or stores manure, organic materials or compost must (

a) have access to sufficient land for the application of manure, organic materials and compost so that the

Section 24 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 19 application limits for nitrate-nitrogen in

Schedule 3 are not exceeded, (

b) have a nutrient management plan, (

c) have a manure h andling plan, or (

d) satisfy an approval officer t hat for the first year following the granting of the application, the applicant has access to sufficient land to meet the land base requirements determined in accordance with the Code.

(4) Repealed AR 290/2020 s7.

(5) A person may apply manure, organic materials and compost without incorporation (

a) on forage or directly seeded crops, and (

b) subject to subsections (6) and (7), on frozen or snow-covered land, if the manure, organic materials or compost is applied at least 150 m from any residence or other building or structure occupied by people.

(6) An owner or operator of a manure storage facility, or confined feeding operation who stores manure in accordance with

section 10, must not apply manure, organic materials or compost on frozen or snow-covered land unless (

a) the application of manure, organic materials or compost has been permitted by an inspector, or (

b) the Board publishes a notice permitting the application pursuant to subsection (7).

(7) If the Board considers that weather conditions prevent the normal application of manure, organic materials or compost, the Board may permit, by a notice, the owners or operators of confined feeding operations or manure storage facilities described in subsection (6) to apply manure, organic materials and compost on frozen or snow-covered land in a geographical area, within a set time and subject to any other conditions imposed by the Board in the notice.

(8) The notice referred to in subsection (7) may be published by the Board in a form and manner that the Board considers appropriate.

(9) A person must not apply manure, organic materials or compost

Section 24.1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 20 (

a) within 10 m of a common body of water if the person is using subsurface injection, (

b) within 30 m of a common body of water if the person is applying the manure, organic materials or compost to the surface and incorporating it within 48 hours, or (

c) within 30 m of a water well.

(10) A person must not apply manure, organic materials or compost on frozen or snow-covered land and on forage and directly seeded crops on land that (

a) is within 30 m of a common body of water, where the land slopes towards the common body of water and the mean slope of the land measured over 90 m from the edge of the common body of water is 4% or less, (

b) is within 60 m of a common body of water, where the land slopes towards the common body of water and the mean slope of the land measured over 90 m from the edge of the common body of water is greater than 4% but less than 6%, (

c) is within 90 m of a common body of water, where the land slopes towards the common body of water and the mean slope of the land measured over 90 m from the edge of the common body of water is 6% or greater but less than 12%, or (

d) has a mean slope of 12% or greater, where the land slopes to a common body of water. AR 267/2001 s24;85/2004;215/2006;290/2020;146/2025 Land application of organic materials 24.1(1) A person intending to apply organic materials referred to in

section 1(e.1)(

i) or (ii) of the Act or listed in Table 5.1.3 of the Code to land is not required to mix those organic materials with manure.

(2) A person intending to apply an organic material listed in Table 5.1.1 or 5.1.2 of the Code to land must ensure that the organic material is mixed with (

a) solid manure for the organi c materials listed in Table 5.1.1 of the Code, or (

b) liquid manure for the orga nic materials listed in Table 5.1.2 of the Code.

Section 25 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 21

(3) A person intending to apply solid organic materials listed in Table 5.1.1 of the Code to land must ensure that the materials are mixed with (

a) at least the minimum percen tage of solid manure specified in the Table for mixture with that material, or (

b) if no percentage is specifi ed, at least 50% solid manure.

(4) A person intending to apply liquid organic materials listed in Table 5.1.2 to land must ensure that the materials are mixed with (

a) at least the minimum percentage of liquid manure specified in the Table for mixture with that material, or (

b) if no percentage is specifi ed, at least 50% liquid manure.

(5) A person mixing organic materials with manure under subsection (2) must do so in a short-term solid manure, solid organic materials or compost storage site or a manure storage facility within 48 hours after the organic materials arrive at the location where they are to be mixed, unless to do so would be impracticable. AR 146/2025 s13 Soil protection 25(1) Subject to subsection (2), a person must not apply manure, organic materials or compost to soil unless the soil has been tested within the previous 3 years in accordance with

Schedule 3. (2) Subsection (1) does not apply to a person who applies less than a total of 500 tonnes of manure, organic materials or compost annually.

(3) A person must not apply manure, organic materials or compost in an amount that would increase the soil salinity after the manure, organic materials or compost is applied by more than one decisiemens per metre as measured by the electrical conductivity from a soil depth of 0 to 15 cm.

(4) A person must not apply manure, organic materials or compost to soil if the soil salinity is more than 4 decisiemens per metre as measured by the electrical conductivity from a soil depth of 0 to 15 cm.

(5) A person must not apply manure, organic materials or compost to soil if the nitrate-nitrogen in the soil after the manure, organic materials or compost is applied will exceed the limits in

Schedule

Section 26 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 22

(6) Despite subsections (3), (4) and (5), an approval officer or an inspector may, if the approval officer or inspector considers that it will be beneficial to the soil, permit a person to apply any one or more of the following to the soil: (

a) manure; (

b) organic materials; (

c) compost.

(7) A person who meets the land requirements of

section 24(3)(

a) and who applies manure, organic materials or compost in accordance with this

section is not required to submit a nutrient management plan. AR 267/2001 s25;85/2004;215/2006;146/2025 25.1 Repealed AR 146/2025 s15.

Nutrient management plan 26 Despite sections 24 and 25, an approval officer or an inspector may permit a person to apply manure, organic materials or compost to land in accordance with a nutrient management plan proposed by the person if the approval officer or inspector approves of the nutrient management plan on the basis that implementing the nutrient management plan will provide equal or greater protection to the water and soil than would be achieved by complying with sections 24 and 25.

AR 267/2001 s26;85/2004;215/2006;146/2025 Irrigation of manure 27(1) A person who applies liquid manure, liquid organic materials or catch basin contents must ensure that the manure, organic materials or catch basin contents do not create a risk to the environment by leaving the land to which they are applied.

(2) Repealed AR 290/2020 s8. AR 290/2020 s8;146/2025

Part 2 General Administration Matters Records 28(1) An owner or operator of an agricultural operation involving livestock or manure, organic materials or compost must keep the following records while they are the owner or operator of that operation:

Section 28 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 23 (

a) the documents, or true c opies of them, submitted to the Board on an application under

Part 2 of the Act; (

b) repealed AR 290/2020 s9.

(2) An owner or operator of a confined feeding operation must keep records of the volume or weight of manure or compost production.

(2.1) An owner or operator of a manure storage facility must keep records of (

a) the volume or weight of m anure or organic materials brought onto or into the facility if the total is 500 tonnes or more in a year, and (

b) the volume of compost produced in a year if the owner or operator produces compost from manure or organic materials.

(3) An owner or operator of a manure storage facility or confined feeding operation who transfers ownership of manure, organic materials or compost to another person must keep the following records: (

a) the name and address of the person to whom a total of 500 tonnes or more of manure, organic materials or compost in a year is transferred; (

b) the date of the transfer of manure, organic materials or compost; (

c) the volume or weight of m anure, organic materials or compost transferred.

(4) A person who receives or acquires ownership of a total of 500 tonnes or more of manure, organic materials or compost in a year must keep the following records: (

a) the volume or weight of m anure, organic materials or compost received or acquired; (

b) the name and address of a person from whom manure, organic materials or compost are received or acquired; (

c) the date of the receipt or acquisition of manure, organic materials or compost; (

d) the legal land description of the land where the manure, organic materials, or compost are to be kept.

Section 29 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 24

(5) Where a total of 500 tonnes or more of manure, organic materials or compost is applied to land in a year, the person who has control of that land must keep the following records: (

a) the legal land description of the land to which the manure , organic materials or compost are applied; (

b) the area of the land to which the manure, organic materials or compost are applied; (

c) the volume or weight of the manure, organic materials or compost applied; (

d) the application rates of the manure, organic materials or compost nutrients and fertilizer by field and year; (

e) the dates of application an d incorporation and the methods used for each field; (

f) the soil test results, by a rea the manure, organic materials, or compost is to be applied to, for the nutrients specified in

Schedule 3.

(6) Repealed AR 290/2020 s9.

(7) A person who is required to keep a record under subsections (2) to (5) must keep it for 5 years. AR 267/2001 s28;85/2004;290/2020;146/2025 Expiry 29 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2030. AR 267/2001 s29;85/2004;31/2014;119/2017;290/2020;146/2025 Coming into force 30(1) This Regulation comes into force on January 1, 2002.

(2) Sections 4, 23 and 25 do not apply before January 1, 2005 to an agricultural operation.

Schedule 1 Determination of Minimum Distance Separation

Definitions 1 In this Schedule,

Schedule 1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 25 (a) “dispersion factor” allows for a variance to the MDS due to the unique climatic and topographic influences at the site, and is determined in accordance with

section 5; (b) “expansion factor” applies only to expanding operations that are increasing the size of the facility to store more manure, organic materials and compost or to accommodate more livestock, and is determined in accordance with

section 6; (c) “exponent” (

K) equals 0.365 for all categories or types of livestock and types of material; (d) “Factor A” is the nuisance value of the category or type o f livestock determined in accordance with Table 1.1 in the Code; (d.1) “Factor B” is the nuisance value of the category or type of manure or organic materials determined in accordance with Table 1.2 in the Code; (e) “MDS” means minimum dist ance separation determined in accordance with

section 2; (f) “MU” is a manure unit based on the amount of manure produced by a category and type of livestock determined in accordance with Table 1.1 in the Code; (g) “odour objective” means th e odour objective determined in accordance with

section 4; (h) “odour production” means odour production determined in accordance with

section 3; (i) “technology factor” is the effect the handling, collection or storage system will have on reducing the odour nuisance level and is determined in accordance with

section 7. Minimum distance separation (MDS) 2 The MDS is measured from the outside walls of neighbouring residences (not property line) to the point closest to manure storage facilities or manure collection areas. The MDS is calculated in metres as follows: (

a) for new confined feeding operations or manure storage facilities, MDS = (odour production(total))K x odour objective x dispersion factor;

Schedule 1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 26 (

b) for expanding confined feeding operations or manure storage facilities, MDS = (odour production(total))K x odour objective x dispersion factor x expansion factor. Odour production 3 Odour production (total) is calculated by the following steps: (

a) LSU Factor (type of livestock) = Factor A x technology factor x MU; (a.1) SSU Factor (type of material) = Factor B (type of material) x technology factor; (

b) odour production (type of livestock) = LSU factor(type of livestock) x number of animals (type of livestock); (b.1) odour production (type of material) = SSU factor (type of material) x number of tonnes (type of material); (

c) where odour production (total) is calculated for (

i) confined feeding operations that have less than 2 years of storage, odour production (total) = sum of odour production from each type of livestock, (ii) confined feeding operations that have more than 2 years of storage, by the following formula: odour production (total) = A + [(B -

C) x SSU Factor (type of material)] where A is the sum of odour production from each type of livestock calculated under subclause (i), B is the tonnes of total storage capacity of the manure storage facility, and C is the manure produced by the operation in 2 years, a n d (iii) manure storage facilities that are not located at a confined feeding operation, odour production (total) = sum of odour production from each type of material. Odour objective 4 The odour objective factor must be determined according to the category of land zoning and residential type as follows:

Schedule 1 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 27 (

a) for Category 1 - residences on land zoned for agricultural purposes (e.g., farmstead, acreage residences), odour objective factor 41.04; (

b) for Category 2 - residences on land zoned for non- agricultural purposes (e.g., country residential, rural commercial businesses), odour objective factor 54.72; (

c) for Category 3 - residences on land zoned for high use recreational or commercial purposes, odour objective factor 68.40; (

d) for Category 4 - residences on land zoned for large-scale country residential, rural hamlet, village, town or city, odour objective factor 109.44. Dispersion factor 5(1) Unless information is provided to establish otherwise to an approval officer’s satisfaction, the dispersion factor must equal 1.0.

(2) The dispersion factor, if applied, must be determined for the following unique conditions that can influence dispersion: (

a) topography factor (D T), the effect of topographical features on air dispersion; (

b) screening factor (D S), the effect of natural or constructed screening which reduces wind effects at the manure storage facility; (

c) micro-climate factor (D W), the effect of temperature, humidity and wind direction and intensity that demonstrates significant alteration in odour intensity or frequency of occurrence in relation to neighbouring residences. Expansion factor 6(1) Unless information is provided to establish otherwise to an approval officer’s satisfaction, the expansion factor must equal 1.0.

(2) Despite subsection (1), an approval officer must apply an expansion factor of 0.77 when calculating the minimum distance separation if the confined feeding operation or manure storage facility cannot meet the minimum separation distance without the use of this factor.

(3) For the purposes of subsection (2), an approval officer may apply the expansion factor of 0.77 only if 3 or more years have passed since the completion of the most recent construction arising out of an approval, registration or authorization or an amendment of an approval, registration or authorization.

Schedule 2 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 28 Technology factor 7 The technology factor must be determined according to Table 1.1 or 1.2 in the Code unless information is provided to establish otherwise to an approval officer’s satisfaction. New types of livestock 8 An approval officer may determine, within a category of livestock specified in the Schedules to the Agricultural Operations,

Part 2 Matters Regulation (AR 257/2001) for an unlisted type of livestock, based on manure production, the relevant factors, units and other measurements required to apply this Regulation to that type. Table 1 Repealed AR 146/2025 s20. AR 267/2001 Sched.1;215/2006;306/2006;290/2020;146/2025

Schedule 2 Determination of Catch Basin Volume One-Day Rainfall (mm): A one-day rainfall that has a 1-in-30-year probability. One-Day Rainfall Runoff Volume = Drainage Area x One-Day Rainfall x Runoff Coefficient Table 1 Runoff Coefficients for Paved and Unpaved Drainage Areas One-Day Rainfall (mm) 1-in-30-year probability Runoff Coefficient Unpaved Drainage Area Runoff Coefficient Paved Drainage Area 65 - 86 0.60 1.0 87 - 95 0.65 1.0 96 - 105 0.70 1.0 Table 2 Precipitation Data Location One-Day Rainfall (mm) 1 in 30 year Acadia Valley 75 Airdrie 95 Athabasca 80

Schedule 2 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 29 Location One-Day Rainfall (mm) 1 in 30 year Banff 60 Barrhead 80 Bashaw 85 Bassano 85 Beaumont 90 Beaverlodge 85 Berwyn 80 Black Diamond 90 Blackfalds 95 Bon Accord 85 Bonnyville 75 Bow Island 80 Bowden 95 Brooks 80 Bruderheim 95 Calgary 95 Calmar 95 Campsie 80 Camrose 85 Canmore 65 Cardston 100 Carstairs 105 Castor 85 Claresholm 95 Coaldale 85 Cochrane 75 Cold Lake 75 Coleman 70 Coronation 85 Cowley 75 Crossfield 105 Daysland 85 Devon 90 Didsbury 100

Schedule 2 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 30 Location One-Day Rainfall (mm) 1 in 30 year Drayton Valley 85 Drumheller 80 Eckville 105 Edmonton 90 Edson 75 Elk Point 75 Embarras Portage 80 Fairview 80 Falher 55 Foremost 70 Fort Chipewyan 70 Fort Macleod 90 Fort McMurray 85 Fort Saskatchewan 80 Fort Vermilion 60 Fox Creek 90 Gibbons 85 Gliechen 90 Grand Centre 75 Grande Cache 70 Grande Prairie 80 Granum 95 Grimshaw 80 Habay 65 Hanna 90 Hardisty 70 High Level 75 High Prairie 75 High River 95 Hinton 75 Innisfail 95 Irvine 75

Schedule 2 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 31 Location One-Day Rainfall (mm) 1 in 30 year Jasper 70 Keg River 60 Killam 90 Kitscoty 80 Lac La Biche 80 Lacombe 85 Lake Louise 55 Lamont 90 Leduc 90 Lethbridge 90 Lloydminster 70 Magrath 80 Manning 75 Mayerthorpe 90 McLennan 65 Medicine Hat 85 Milk River 70 Millet 95 Morinville 90 Morrin 75 Mundare 90 Nanton 95 Okotoks 95 Olds 95 Oyen 75 Peace River 60 Penhold 95 Picture Butte 85 Pincher Creek 100 Ponoka 80 Provost 80 Rainbow Lake 75 Ranfurly 85 Raymond 75

Schedule 2 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 32 Location One-Day Rainfall (mm) 1 in 30 year Red Deer 90 Redcliff 85 Redwater 80 Rimbey 100 Rocky Mountain House 80 Ryley 90 Sangudo 95 Sedgewick 95 Sexsmith 85 Sherwood Park 90 Slave Lake 75 Smoky Lake 75 Spirit River 75 Spruce Grove 90 Stavely 95 Stettler 90 Stony Plain 90 Strathmore 80 St. Albert 95 St. Paul 75 Suffield 80 Sundre 95 Swan Hills 95 Sylvan Lake 95 Taber 85 Thorhild 75 Three Hills 80 Tofield 95 Trochu 75 Turner Valley 90 Two Hills 80 Valleyview 80 Vauxhall 85

Schedule 3 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 33 Location One-Day Rainfall (mm) 1 in 30 year Vegreville 80 Vermilion 80 Viking 65 Vulcan 90 Wagner 70 Wainwright 75 Warner 75 Wembley 85 Westlock 75 Wetaskiwin 80 Whitecourt 90 Wimborne 85 AR 267/2001 Sched.2; 215/2006;146/2025

Schedule 3 Nutrient Management and Determination of Land Base Soil Testing Soil testing and sampling must be conducted according to the most recent edition of the Manual on Soil Sampling and Methods of Analysis, published by the Canadian Society of Soil Science. Soil Analysis Standard laboratory procedures must be used for the soil analysis and this information should be reflected and referenced in the records kept and soil testing must include the following: (

a) extractable n itrate-nitrogen (NO3-

N) from a soil depth of 0 - 60 cm; (

b) soil salinity based on Electrical Conductivity (E.C.) from a soil depth of 0 - 15 cm; (

c) soil texture; one-time an alysis from a soil depth of 0 - 15 cm and 15 - 30 cm. Tables 1 and 2 Repealed AR 215/2006 s25. Nitrate-Nitrogen Limits The nitrate-nitrogen (NO3-

N) levels in the top 60 cm of the soil profile must not exceed the following limits shown in Table 3.

Schedule 3 AR 267/2001 STANDARDS AND ADMINISTRATION REGULATION 34 Table 3 Nitrate-Nitrogen Limits Soil Sandy (> 45% Sand and Water Table < 4m) Sandy (> 45% Sand and Water Table > 4

m) Medium and Fine Textured Soils Brown 80 kg/ha (75 lb/ac) 110 kg/ha (100 lb/ac ) 140 kg/ha (125 lb/ac ) Dark Brown 110 kg/ha (100 lb/ac ) 140 kg/ha (125 lb/ac ) 170 kg/ha (150 lb/ac ) Black 140 kg/ha (125 lb/ac) 170 kg/ha (150 lb/ac ) 225 kg/ha (200 lb/ac ) Grey Wooded 110 kg/ha (100 lb/ac ) 140 kg/ha (125 lb/ac ) 170 kg/ha (150 lb/ac ) Irrigated 180 kg/ha (160 lb/ac) 225 kg/ha (200 lb/ac ) 270 kg/ha (240 lb/ac ) Tables 4 to 30 Repealed AR 215/2006 s25. AR 267/2001 Sched. 3;215/2006

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 267/2001
Type	regulation
Volume / chapter	2001 267
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5c87e107677136dba73b823403acfdd45626bcf5

Source file is stored in the law ingest library (pdf).