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Bennery Lake Watershed Protected Water Area Regulations

made under subsection 106(6) of the

Environment Act

S.N.S. 1994-95, c. 1

N.S. Reg. 211/2003 (December 4, 2003)

as amended by N.S. Reg. 26/2013 (January 24, 2013)

 

Citation

1     These regulations may be cited as the Bennery Lake Watershed Protected Water Area Regulations.

 

Interpretation

2     In these regulations,

 

“Act” means the Environment Act;

 

“certified forest technician” means a person who is a certified member in good standing of the Nova Scotia Forest Technicians Association;

 

“Committee” means the Bennery Lake Watershed Management Committee;

 

“developer” means a person who develops or proposes to develop land and includes any agent or contractor who works for the developer;

 

“development” means any disturbance of land for purposes of constructing a roadway, residential dwelling, commercial establishment, recreation area or parkland;

 

“forestry operation” means any activity related to the use of a forest for producing timber, wood fibre or Christmas trees, including all of the following activities:

 

                         (i)     forest management planning,

 

                         (ii)    silviculture,

 

                         (iii)   harvesting,

 

                         (iv)   protection,

 

                         (v)    road construction,

 

                         (vi)   operating, storing and using equipment and supplies used in any aspect of the activity;

 

“grab sample” means a sample that represents only the composition of the source of the sample at the particular time and place the sample is collected;

 

“grubbing” means removing vegetation and organic material to expose bare soil;

 

“landfill” means an area where solid waste is buried or, in a low-lying area, used as fill;

 

“Protected Water Area” means the land and water designated by the Minister under subsection 106(1) of the Act as the Bennery Lake Watershed Protected Water Area, as described in Schedule “A” to the designation;

 

“registered professional forester” means a registered member in good standing of the Registered Professional Foresters Association of Nova Scotia;

 

“road salt” means any de-icing agent that is applied to a road for the purpose of winter road maintenance;

 

“sulphide-bearing material” has the same meaning as set out in clause 2(o) of the Sulphide Bearing Material Disposal Regulations made under the Act;

 

“vegetation” means any living plant or tree growth;

 

“vehicle” means any vehicle propelled or driven otherwise than by muscular power, whether or not the vehicle is registered under the Motor Vehicle Act;

 

“vessel” means a means of conveyance of a kind used on water and includes any accessory to the vessel;

 

“Water Works Operator” means the Halifax Regional Water Commission, operator of the Bennery Lake Water Treatment Plant, and its successors and assigns.

Section 2 replaced: N.S. 26/2013.

 

Restricted activities

3     (1)    No person is permitted to swim, bathe, wash, or cut ice at any time in Bennery Lake or any other watercourse within the Protected Water Area.

 

       (2)    No person is permitted to fish from the shoreline of or in Bennery Lake or any watercourse within the Protected Water Area.

 

       (3)    No person is permitted to wash a vehicle or vessel in any watercourse or within 60 m of the shoreline or bank of any watercourse within the Protected Water Area.

Subsection 3(3) amended: N.S. Reg. 26/2013.

 

       (4)    No person is permitted to, at any time, operate a vehicle or vessel of any kind, on, through or over Bennery Lake or any watercourse in the Protected Water Area, unless authorized by the Water Works Operator.

Subsection 3(4) amended: N.S. Reg. 26/2013.

 

       (5)    No person is permitted to fill a gasoline tank or transfer any liquid fuel from tank to tank on or within 100 m of the shoreline or bank of Bennery Lake or any watercourse within the Protected Water Area, except for the purpose of operating the Bennery Lake Water Treatment Plant or a purpose reasonably incidental to the maintenance of private property.

 

       (6)    Except as provided in subsection (7), no person is permitted to operate a vehicle within the Protected Water Area, unless authorized by the Water Works Operator.

Subsection 3(6) added: N.S. Reg. 26/2013.

 

       (7)    Subsection (6) does not apply to

 

                (a)    a landowner accessing or maintaining their own land within the Protected Water Area; or

 

                (b)    the operation of a vehicle on a highway, as defined in the Public Highways Act, within the Protected Water Area.

Subsection 3(7) added: N.S. Reg. 26/2013.

 

(8)   No person is permitted to construct or install a dock or wharf on any watercourse within the Protected Water Area, unless authorized in writing by the Water Works Operator.

Subsection 3(8) added: N.S. Reg. 26/2013.

 

Public notification

4     (1)    The Water Works Operator must post signs around the perimeter of the Protected Water Area to provide notice to the general public of the designation of the Protected Water Area.

 

       (2)    The Water Works Operator must replace any signs posted under subsection (1) that have been damaged or removed.

 

       (3)    The Water Works Operator must take reasonable measures to advertise and provide notice to the general public of these regulations.

 

       (4)    No person is permitted to remove or alter any sign, notice or advertisement posted pursuant to this Section.

Section 4 heading amended: N.S. Reg. 26/2013.

 

Fire restrictions

5     (1)    No person is permitted to set, start, maintain or be responsible for an open fire in the Protected Water Area except for an open fire in a barbecue or fireplace designed for cooking purposes at a residential dwelling.

 

       (2)    Despite subsection (1), during the period from April 15 to October 15 of each year, a person may set, start, maintain or be responsible for a fire in the Protected Water Area if

 

                (a)    the person has a valid permit to burn issued pursuant to the Forest Fire Protection Regulations made under the Forests Act;

 

                (b)    the person complies with the permit to burn and the Forest Fire Protection Regulations; and

 

                (c)    the person complies with all the requirements of Halifax Regional Municipality By-law Number O-103, the Open Air Burning By-law.

 

Forestry operations

6     (1)    No person is permitted to undertake a forestry operation within the Protected Water Area unless the operation is conducted pursuant to a forest management plan that

 

                (a)    is prepared by a registered professional forester or certified forest technician in accordance with the objectives and policies approved by the Committee;

Clause 6(1)(a) amended: N.S. Reg. 26/2013.

 

                (b)    does not permit any forestry operation within 100 m of Bennery Lake or within 30 m of any watercourse within the Protected Water Area;

 

                (c)    has as its primary objective the protection of the watershed and any watercourse therein, particularly with respect to impacts related to disruption of acid slate or sulphide bearing materials;

 

                (d)    is submitted to the Water Works Operator for review at least 30 days before the proposed start of the activity; and

Clause 6(1)(d) replaced: N.S. Reg. 26/2013.

 

                (e)    is approved in writing by the Water Works Operator before the activity is started.

Clause 6(1)(e) added: N.S. Reg. 26/2013.

 

       (2)    A forestry operation within the Protected Water Area must be conducted in accordance with the Wildlife Habitat and Watercourses Protection Regulations made under the Forests Act and the “Forest/Wildlife Guidelines and Standards for Nova Scotia” issued by the Department of Natural Resources, or its successor document or code of practice, as amended from time to time.

 

Road construction and maintenance restrictions

7     (1)    No person is permitted to undertake construction of any road or driveway within the Protected Water Area unless

 

                (a)    an application for approval and a map of the planned location is submitted to the Water Works Operator for review at least 30 days before the proposed start of construction;

 

                (b)    the proposed construction is approved in writing by the Water Works Operator before construction starts; and

 

                (c)    construction is carried out between June 1 and September 30, inclusive, in any year.

Subsection 7(1) replaced: N.S. Reg. 26/2013.

 

       (2)    A person who is responsible for a road constructed under subsection (1) must maintain and repair the road.

 

       (3)    No person is permitted to expose at any one time more than 1900 square metres of roadway subbase in the Protected Water Area.

 

       (4)    No person is permitted to expose at any one time more than 1000 square metres of roadway subbase in the Protected Water Area if sulphide bearing or acid slate materials are present in the subbase.

 

       (5)    No person is permitted to apply road salt on any roads or driveways within the Protected Water Area.

 

Water course or wetland alteration

8     (1)    No person is permitted to construct a bridge or culvert or otherwise alter a watercourse or wetland within the Protected Water Area without first obtaining

 

                (a)    written approval from the Water Works Operator; and

 

                (b)    an approval from the Department.

 

       (2)    An owner, operator or person responsible for a bridge or culvert approved under subsection (1)

 

                (a)    must maintain and repair the bridge or culvert; and

 

                (b)    is not permitted to remove the bridge or culvert without first obtaining an approval from the Department and providing written notice to the Water Works Operator.

Clause 8(2)(b) amended: N.S. Reg. 26/2013.

 

Roads and stream crossings

9     The construction of a forest access or wood lot road, stream crossing, culvert or other watercourse alteration within the Protected Water Area must be in accordance with the Wildlife Habitat and Watercourses Protection Regulations made under the Forests Act and the publication “Wood Lot Roads, Stream Crossings” issued by the Department of Natural Resources, or its successor document or code of practice, as amended from time to time.

 

Pest control products

10   No person is permitted to use a pest control product within the Protected Water Area unless the use is related to the operation of the Bennery Lake Water Treatment Plant and carried out under the supervision of the Bennery Lake Water Treatment Plant Supervisor.

Section 10 amended: N.S. Reg. 26/2013.

 

On-site sewage disposal systems

11   (1)    No person is permitted to install an on-site sewage disposal system within the Protected Water Area without first obtaining an approval from the Department.

 

       (2)    No person is permitted to construct or install or cause the construction or installation of an on-site sewage disposal system contrary to the On-site Sewage Disposal Systems Regulations, made under the Act, and the terms and conditions of an approval issued by the Department.

 

Prohibition on release of substance

12   (1)    No person is permitted to release or cause or permit the release of oil, petroleum products, soap, detergent, toxic chemicals, pest control product waste, garbage, litter, solid or liquid waste, sulphide bearing or acidic slate materials, or any other material that causes or may cause an adverse effect within the Protected Water Area.

 

       (2)    A person who is using mechanical equipment or transporting gasoline or oil within the Protected Water Area is not permitted to release, and must take precautions to prevent the release of, a petroleum product onto the ground or into a watercourse or the runoff from the area.

 

Prohibition on landfills

13   No person is permitted to establish a dump, landfill, waste disposal site or disposal site for sulphide bearing or acidic slate materials, or any other type of material that may threaten the safety of the water supply, within the Protected Water Area.

Section 13 amended: N.S. Reg. 26/2013.

 

Easement restriction

14   No person is permitted to construct a road, pipeline, railway, telephone line, power line or other similar development or grant an easement on, over or across the Protected Water Area, without first obtaining the written approval of the Water Works Operator.

 

Stormwater management

15   No developer is permitted to commence any development unless the development is conducted according to a Stormwater Control Plan that is

 

                (a)    prepared by a professional engineer; and

 

                (b)    approved in advance by the Water Works Operator in consultation with the Department.

 

Erosion and sediment control

16   (1)    No person is permitted to authorize or commence an operation to extract peat, gravel, rock or minerals within the Protected Water Area.

 

       (2)    No person is permitted to undertake an activity that causes or might cause soil erosion resulting in sedimentation of a watercourse located within the Protected Water Area.

 

       (3)    No owner, occupier, contractor or person responsible for a construction operation or an activity within the Protected Water Area requiring grubbing or earth moving that would expose more than 200 m2 of subbase at any time is permitted to proceed unless they have

 

                (a)    developed an erosion and sedimentation control plan as described in the “Erosion and Sedimentation Control Handbook for Construction Sites”, published by the Department or its successor document or code of practice; and

Clause 16(3)(a) amended: N.S. Reg. 26/2013.

 

                (b)    obtained prior written approval from the Water Works Operator.

Clause 16(3)(b) replaced: N.S. Reg. 26/2013.

 

       (4)    No person is permitted to release water that has a suspended solid concentration greater than 25 mg/L in a grab sample from any area within the Protected Water Area.

 

       (5)    No person is permitted to conduct landscaping activities that require earth exposure or removal within the Protected Water Area except between May 1 and October 31, inclusive, in any year.

Subsection 16(5) replaced: N.S. Reg. 26/2013.

 

17   If sedimentation occurs in a watercourse within the Protected Water Area, an operator or person responsible for the sedimentation must undertake immediate action to install erosion and sediment control measures, and immediately notify the Water Works Operator.

 

Vegetation removal restrictions

18   (1)    No person is permitted to alter or remove vegetation within 100 m of Bennery Lake or within 30 m of any watercourse or wetland within the Protected Water Area unless such alteration or removal is

 

                (a)    approved in advance by the Water Works Operator; or

 

                (b)    related to the operation of the Bennery Lake Water Treatment System and following consultation with the Committee.

 

       (2)    No person is permitted to alter or remove vegetation within 15 m of any watercourse or wetland located on lands zoned AE-4 (Aerotech Business) under the Halifax Regional Municipality Land Use By-law for Shubenacadie Lakes (Planning Districts 14 and 17), within the Protected Water Area, unless approved by the Water Works Operator.

 

       (3)    No person is permitted to remove vegetation from an area greater than 50% of each residential lot at any time prior to and following development of and construction on any residential lot.

 

Watercourse setbacks and buffers

19   (1)    No person is permitted to erect a structure, excavate, fill or alter the grade of land within 100 m of Bennery Lake or within 30 m of any watercourse or wetland located on lands zoned PWS under the Halifax Regional Muncipality Land Use By-law for Shubenacadie Lakes (Planning Districts 14 and 17), within the Protected Water Area, unless such activity is

 

                (a)    related to the operation of the Bennery Lake Water Treatment Plant; and

 

                (b)    approved in advance by the Water Works Operator.

Subsection 19(1) amended: N.S. Reg. 26/2013.

 

       (2)    No person is permitted to erect a structure, excavate, fill or alter the grade of land within 15 m of any watercourse or wetland located on lands zoned AE-4 (Aerotech Business) under the Halifax Regional Municipality Land Use By-law for Shubenacadie Lakes (Planning Districts 14 and 17), within the Protected Water Area, unless such activity is approved in advance by the Water Works Operator.

 

Consultation with the Committee

20   The Water Works Operator shall consult with the Committee before granting any authorization or approval required by these regulations.