Citation

1   Bylaw No. 698-98 may be cited as "Farm (Mushroom Growing Operation Storm Water And Waste Management And On-farm Composting) Bylaw, 1998".

Interpretation

2   (a) Schedule "A" contains definitions of terms used in this Bylaw.

(b) Except as otherwise defined in this Bylaw, words or phrases herein will be construed in accordance with their meanings under the Community Charter, Local Government Act, and Interpretation Act, as the context and circumstances may require.

(c) reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended or replaced from time to time.

(d) Words in the singular include the plural and gender specific terms include both genders and corporations.

(e) Headings in this Bylaw are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Bylaw.

(f) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

B/L 2590-2016

General provisions

3   (a) Mushroom growing operations shall comply with Section 2 of the Farm Practices Protection (Right-to-Farm) Act.

(b) Mushroom growing operations shall comply with the City of Abbotsford's building permit requirements.

(c) A building permit is required for all buildings, structures and facilities associated with:

(i) the establishment of a mushroom growing operation or on-farm composting facility;

(ii) the addition or alteration to an existing mushroom growing operation or on-farm composting facility; or

(iii) the conversion of an existing building for a mushroom growing operation or on-farm composting facility.

Storm Water management

4   An application to establish or expand a mushroom growing operation must include a storm water management plan prepared and sealed by a professional engineer who is licensed to practice in British Columbia and is familiar with storm water management systems. The plan shall show that the mushroom operation site, including any driveways constructed of impermeable surfaces, is drained and graded to divert surface run-off water from buildings and compost storage areas. The storm water management plan must be designed to discharge post-development peak flows from the lot at the same rate as naturally occurred before the farm operation was built (pre-development levels). The engineer shall review the impact of the proposed drainage system on the existing downstream drainage system, and shall submit written confirmation that no negative impacts are anticipated on down gradient properties.

Waste Water management

5   (a) The treatment and discharge of waste water shall be in accordance with the criteria of the Ministry of Environment, Lands and Parks. The treatment and disposal system shall be designed by a professional engineer, licensed in the Province of British Columbia.

(b) An application to establish or expand a mushroom growing operation must include a waste water maintenance, monitoring and performance plan. The plan shall be in a form acceptable to the City of Abbotsford and the Ministry of Environment, Lands and Parks, and shall ensure that samples of effluent discharged from the waste water treatment system are collected and analyzed by an independent certified laboratory. Reports shall be submitted to the City of Abbotsford and the Ministry of Environment, Land and Parks. As a minimum, monitoring shall be conducted and reports shall be submitted:

(i) not less than 3 months and 9 months following commencement of operation; and

(ii) not less than every 12 months following that.

A waste water facility or plan may be modified from time to time based upon the monitoring results.

Setbacks

6   (a) For the purpose of Section 6 (b), a mushroom operation site is as defined in this Bylaw, exclusive of roadways.

(b) A mushroom operation (principal farm building, structures and areas) shall be located in accordance with the following minimum setback distances:

(i) 15 m from exterior lot lines;

(ii) 7.5 m from interior lot lines;

(iii) 30 m from a domestic water supply;

(iv) 15 m from a natural watercourse or a constructed ditch; and

(v) 15 m from residential uses.

(c) Compost storage and agricultural waste facilities shall be located in accordance with the following minimum setback distances;

(i) 30 m from all lot lines;

(ii) 30 m from a domestic water supply;

(iii) 15 m from a natural watercourse or a constructed ditch; and

(iv) 30 m from residential uses.

(d) Retention ponds shall be located in accordance with the following minimum setback distances;

(i) 15 m from all lot lines; and

(ii) 15 m from residential uses.

B/L 899-99

(e) Detention ponds shall be located in accordance with the following minimum setback distances;

(i) 7.5 m from all lot lines; and

(ii) 15 m from residential uses.

On-farm composting

7   (a) For the purposes of Section 7 (b), an on-farm composting operation includes the composting facility, all areas to store and mix materials for composting and storage of materials after composting;

(b) An on-farm composting facility and manure-based raw materials storage shall be located in accordance with the following minimum setbacks:

(i) 30 m from all lot lines;

(ii) 30 m from a domestic water supply;

(iii) 15 m from a natural watercourse or a constructed ditch;

(iv) 30 m from residential uses; and

(v) 500 m from the Agricultural Land Reserve (ALR) boundary, where the boundary abuts the Urban Development Area Boundary as shown on Map 1, Future Land Use Plan of the Official Community Plan, 1996 (Bylaw No. 202-96, as amended).

(c) Non-manure based raw materials storage shall be located in accordance with the following minimum setbacks:

(i) 15 m from all lot lines;

(ii) 30 m from a domestic water supply; and

(iii) 15 m from a natural watercourse or a constructed ditch.

(d) Raw Material Storage:

(i) Raw materials must be stored on an impermeable surface and covered by a roof to prevent exposure to rain.

(ii) Pure straw must be stored on an impermeable surface, and may be stored uncovered provided any run-off from the area is included in the waste water management plan. The straw storage areas must be set back from property lines, natural watercourses and constructed ditches, similar to non-manure based raw materials.

(e) Blending, Grinding and Mixing:

Blending, grinding and mixing of raw materials must take place on an impermeable surface and may occur in an uncovered area. All blended, ground or mixed materials must be transferred to a covered on-farm composting facility within 24 hours of the commencement of the blending, grinding or mixing procedure.

(f) Composting Process:

An on-farm composting process begins after two or more raw ingredients are blended, ground, or mixed.

(g) Odour Control:

An on-farm composting process must be conducted under the following minimum conditions for odour control:

(i) An on-farm composting process must be housed in a building with an impermeable floor and an aeration system. Any building(s) containing the composting process must be operated with a negative pressure differential between the inside and outside of the building. Exhaust from the building(s) housing the composting process must be collected and treated through a biofilter that is designed by a professional engineer, licensed in the Province of British Columbia:

• - to remove a minimum of 90% of the odours; and
• - to comply with any requirement of the Ministry of Environment, Lands and Parks.

(ii) An application to build and conduct an on-farm composting facility must include a detailed maintenance and air quality monitoring program provided by a professional engineer, licensed in the Province of British Columbia.

(iii) The air quality monitoring program must provide easy verification that the system, including the biofilter, is operating as designed. As a minimum, monitoring shall be conducted and reports shall be submitted:

• - at 3 months and 9 months following commencement of operation; and
• - every 12 months following that.

Fees

8   In addition to fees specified in any other applicable Bylaw of the City of Abbotsford, applicants are subject to the administration fees specified in Schedule "A" of this Bylaw. Applicants shall pay the fee to the City of Abbotsford when submitting required waste water management plans and reports regarding the results of monitoring programs.

Offence and penalties

9   (a) [Repealed, B/L 3063-2020.]

Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.

(b) Persons designated as Bylaw Enforcement Officers by Bylaw No. 578-98, cited as "Bylaw Enforcement Officer Designation Bylaw, 1998", and Director of Engineering or Director of Development Services, or their assistants, are authorized to enter, at all reasonable times, upon any property for the purpose of administering and enforcing this Bylaw.