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Forbes Lake Watershed Protected Water Area Regulations

made under Section 106 of the
Environment Act
S.N.S. 1994-95, c. 1
N.S. Reg. 107/2003 (May 22, 2003)

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

Interpretation
2 In these regulations,

(a) "Act" means the Environment Act;

(b) "agricultural operation" means a farming unit that

(i) houses livestock or where livestock graze or are pastured,

(ii) has greater than 5 ha of land in forage production, or

(iii) has greater than 5 ha of land in annual crop production,

or to which any combination of subclauses (i) to (iii) applies;

(c) "Committee" means the Forbes Lake Watershed Management Committee;

(d) "Department" means the Department of Environment;

(e) "forestry operation" means any activity related to the use of a forest for producing timber, wood fiber or Christmas trees, including but not limited to the following activities:

(i) forest management planning,

(ii) silviculture,

(iii) harvesting,

(iv) protection,

(v) road construction,

(vi) operation, storage and use of equipment and supplies used in any aspect of the activity;

(f) "Minister" means the Minister of Environment;

(g) "nutrient management plan" means a plan for collecting, storing, handling, transporting, applying, treating, using and disposing of agricultural fertilizer, compost, manure and other materials containing nutrients that may be applied to lands, in a manner that prevents the impairment of the quality of the water in the Protected Water Area;

(h) "pesticide" or "pest control product" has the same meaning as set out in clause 2(q) of the Pesticide Regulations made under the Act;

(i) "professional forester" means a graduate of a recognized Canadian university with at least a bachelorís degree in forestry;

(j) "Protected Water Area" means the land and water designated by the Minister pursuant to subsection 106(1) of the Act as the Forbes Lake Watershed Protected Water Area, as described in Schedule "A" to the designation;

(k) "release" means to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, leak, seep, pour, emit, empty, throw, dump, place, drain, pump or exhaust;

(l) "total degradation time" means the time for the initial concentration of toxic components to biodegrade to the maximum acceptable level permitted in the latest edition of the "Guidelines for Canadian Drinking Water Quality" published by Health Canada;

(m) "Water Works Operator" means the New Glasgow Water Utility, operator of the Forbes Lake Municipal Water Works;

(n) "Zone 1" means the area of land situated within the Protected Water Area and designated as Zone 1, as described in Schedule "A" to the designation;

(o) "Zone 2" means the area of land situated within the Protected Water Area and designated as Zone 2, as described in Schedule "A" to the designation.
[Note: the references to the Department in clauses (d) and (f) have been updated in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2008.]

Application
3 Unless otherwise stated, these regulations apply to both Zone 1 and Zone 2.

Restricted activities
4 (1) No person is permitted to swim, bathe, wash, or cut ice at any time in Forbes Lake or any other watercourse within Zone 1.

(2) No person is permitted to fish from the shoreline or bank of Forbes Lake within 100 m of the intake for the water supply.

(3) No person is permitted to wash a vehicle in any watercourse or within 60 m of the shoreline or bank of any watercourse within Zone 1.

(4) No person is permitted to, at any time, operate a vessel of any kind, on, through or over Forbes Lake or any watercourse in Zone 1, other than for the protection of the Protected Water Area and unless authorized by the Water Works Operator.

(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 Forbes Lake or any watercourse within the Protected Water Area, except for the purpose of operating the Forbes Lake Water Treatment Facility or a purpose reasonably incidental to the maintenance of private property.

Posting of signs
5 (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.

Fire restrictions
6 (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 in the Protected Water Area.

(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; and

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

Forestry operations
7 (1) No person owning property in excess of 5 ha is permitted to undertake a forestry operation within the Protected Water Area unless the operation is conducted pursuant to a forest management plan that is

(a) prepared by a professional forester in accordance with the objectives and policies approved by the Committee; and

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

(2) Despite subsection (1), a person who owns or occupies property in the Protected Water Area may harvest from the property

(a) less than 20 cords of wood in any one year; or

(b) any amount of wood, so long as it is for their own use.

(3) 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 watercourse alteration
8 (1) No person is permitted to construct a forest access or wood lot road within the Protected Water Area without first obtaining the written approval of the route location from the Water Works Operator.

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

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

(a) the 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.

10 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
11 (1) No person is permitted to use a pest control product within Zone 1 except with prior written permission from the Water Works Operator.

(2) No person is permitted to use a pest control product within Zone 2 that contains toxic components having a total degradation time in water exceeding 1 year, except with the prior written permission of the Water Works Operator.

(3) A pest control product used in an agricultural operation within Zone 1 must be applied only by a certified applicator and only if recommended for use by a professional agrologist and approved under subsection (1).

On-site sewage disposal systems
12 (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 and the terms and conditions of an approval issued by the Department.

(3) An on-site sewage disposal system in Zone 1 must be pumped and inspected every 4 years according to the policy described in the "Forbes Lake Watershed Management and Protection Strategy" established by the Committee.

Prohibition on release of substance
13 (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, 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
14 No person is permitted to establish a dump, landfill or waste disposal site within the Protected Water Area.

Agricultural restrictions
15 (1) An agricultural operation undertaken within the Protected Water Area must be conducted according to a nutrient management plan prepared by a qualified person in consultation with the Water Works Operator.

(2) No person is permitted to pasture livestock within Zone 1 at stocking rates in excess of the carrying capacity of the pasture, as determined in the nutrient management plan for the personís agricultural operation.

(3) No person is permitted to stockpile or accumulate manure in Zone 1

(a) within 100 m of any watercourse, well, or drainage ditch, including a public highway ditch; or

(b) anywhere within Zone 1 where the slope of the land exceeds 5%.

(4) No person is permitted to apply manure to land in Zone 1 during the period from October 1 in each year to April 30 in the next year.

(5) No person is permitted to apply manure to land in Zone 1 during the period from May 1 to September 30 in each year unless

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

(b) the application complies with requirements respecting separation distances from watercourses, wells, and drainage ditches, as determined by the Water Works Operator in consultation with the owners of land in Zone 1; and

(c) the application rate does not exceed the rate specified in the nutrient management plan for the personís agricultural operation.

Easement restriction
16 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.

Erosion and sediment control
17 (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 owner, occupier, contractor or person responsible for a construction operation or an activity within Zone 1 requiring grubbing or earth moving that would expose more than 250 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; and

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

(3) No person is permitted to release water that has a suspended solid concentration greater than 25 mg/L from a construction site within the Protected Water Area.

18 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.

Home heating oil tanks and fuel storage tanks
19 (1) No person is permitted to install a home heating oil tank, a gasoline fuel storage tank, or a diesel fuel storage tank within the Protected Water Area unless the tank is supported by concrete footings and has a leak detection device and is

(a) made of stainless steel double wall construction;

(b) made of fibreglass; or

(c) approved prior to installation in writing by the Water Works Operator.

(2) A home heating oil tank, a gasoline fuel storage tank, or a diesel fuel storage tank within the Protected Water Area that is not located inside a dwelling or other building must be equipped with a fuel line guard.

(3) A gasoline fuel storage tank or a diesel fuel storage tank within the Protected Water Area must be surrounded with a concrete containment capable of holding 110% of the volume of the tank.

(4) No person is permitted to install or construct a home heating oil tank, a gasoline fuel storage tank, or a diesel fuel storage tank within the Protected Water Area that

(a) holds more than 1136 L; or

(b) is located underground.

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