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Lake Major Watershed Protected Water Area Regulations

made under subsection 106(6) of the

Environment Act

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

July 10, 1992, N.S. Reg. 154/92

as amended by N.S. Reg. 50/2010 (March 11, 2010)



Canada

Province of Nova Scotia

 

In the Matter of:                        The Water Act, being Chapter 500 of the Revised Statutes of Nova Scotia, 1989;


                                                                                          - and -

 

In the Matter of:                        Regulation of Activities in the Lake Major Watershed, a Protected Water Area, situate in the County of Halifax, Province of Nova Scotia.


ORDER

 

I.     Whereas the City of Dartmouth through the Dartmouth Water Utility (the “Operator”) requested the Minster of the Environment to designate an area located within the County of Halifax as a protected water area (“Protected Water Area”) pursuant to [sub]section 16(1) of Chapter 500 of the Revised Statutes of Nova Scotia, 1989, the Water Act.

 

II.   And whereas certain lands (“Lake Major Watershed”) were designated a Protected Water Area by Order of the Minister dated the 8th day of April, 1986, pursuant to [sub]section 16(1) of the Water Act (previously [sub]section 17(1) of Chapter 335 of the Revised Statutes of Nova Scotia, 1967);

 

III.  And whereas the said Order was filed with the Registrar of Regulations as Regulation 57/86 and was published in Volume 10, No. 7, of Part II of the Royal Gazette dated the 24th day of Paril, 1986, at page 135 to 145, and amended in Volume 10, No. 23, dated the 4th day of December, 1986, at page 930;

 

IV.  And whereas [sub]section 16(2) of the Water Act authorizes the Minister of the Environment to prohibit or regulate the doing of any act or acts in any area so designated that may impair the quality of the water in the source of water supply;

 

V.   And whereas the City of Dartmouth, upon the request of the Dartmouth Water Utility and by motion dated the 21st day of January, 1992, has requested the Minister of Environment to enact regulations respecting the prohibition or regulation of acts within the Protected Water Area.


Now therefore:


Witnesseth the Minister of the Environment hereby orders

 

                (a)    that every person shall protect the quality of water in Lake Major, Long Lake, and all streams, lakes and other watercourses in the Protected Water Area so that the water therein may continue to be used as a potable water supply by the water utilities of the City of Dartmouth and the Municipality of the County of Halifax and by the citizens of the community of North Preston and surrounding areas;

 

                (b)    that the following terms and conditions shall apply to the Protected Water Area.


Definitions

1     In this Order

 

                (a)    “Act” means the Environment Act and all regulations made pursuant thereto;

 

                (b)    “Administrator” means a person employed by the Department and appointed by the Minister under Section 19 of this Order;

 

                (c)    “biocide” means a toxic chemical or other substance capable of killing living organisms, but does not include a registered pest control product;

 

                (d)    “Board” means the Lake Major Watershed Advisory Board established to provide advice to the Minister and the Water Utility with respect to the management of the Lake Major Watershed;

 

                (e)    “Department” means the Nova Scotia Department of Environment;

 

                (f)    “Minister” means the Minister of Environment, Province of Nova Scotia;

 

                (g)    “mulch” means a plant or artificial material used to cover soil to protect an area from erosion or to retain soil moisture;

 

                (h)    “pest control product” means a pest control product defined in the Act, as amended from time to time;

 

                (i)     “Protected Water Area” means the land and water areas constituting Lake Major Watershed designated by the Minister on April 8th, 1986, pursuant to the Water Act, which area has or may be amended from time to time by the Minister;

 

                (j)     “vehicle” means any vehicle propelled or driven otherwise than by muscular power, whether or not the vehicle is registered pursuant to the Motor Vehicle Act;

 

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

 

                (l)     “watercourse” means the bed and shore of every river, stream, lake, creek, pond, spring, lagoon, swamp, marsh, wetland, ravine, gulch or other natural body of water, and the water therein, including groundwater, within the jurisdiction of the Province, whether it contains water or not;

 

                (m)   “Water Utility”, unless the Minster agrees otherwise in writing, means the Water Utility of the City of Dartmouth who is the operator of the water works as defined in Section 16(4) of the Water Act [clause 3(bd) of the Environment Act].

[Note: the references to the Department in clauses (e) and (f) have been updated in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 375, effective April 1, 2008.]

 

Public notification

2     (1)    The Water Utility shall post signs at the direction of the Department to indicate that Lake Major Watershed has been designated as a Protected Water Area.

 

       (2)    The Water Utility shall replace any signs posted under subsection (1) which have been damaged or have been removed.

 

       (3)    The Water Utility shall take appropriate measures to advertise and provide notice to the general public of these regulations.

 

       (4)    No person shall remove or alter any sign, notice or advertisement posted under these regulations.


Fire restrictions

3     (1)    No person shall light or be responsible for an open fire in the Protected Water Area from the 15th day of April to the 15th day of October, inclusive, in any year except for open fires in barbecues and fireplaces designed for cooking or heating purposes.

 

       (2)    When open fires are permitted during the times prescribed in subsection (1), no person shall burn a product other than wood or charcoal.

 

       (3)    No person shall at any time light or be responsible for an open fire on ice located over Long Lake or Lake Major or within ten (10) metres of the shoreline of the said lakes.

 

       (4)    No person involved in a forestry activity within the Protected Water Area shall fail to comply with Chapter 179 of the Revised Statutes of Nova Scotia, 1989, the Forests Act, and the regulations made pursuant thereto, including the Forest Fire Protection Regulations, as amended from time to time.


Vehicle and vessel restrictions

4     (1)    No person shall wash a vehicle in any watercourse or within twenty (20) metres of the shoreline of or bank of any watercourse located within the Protected Water Area.

 

       (2)    No person shall at any time operate a vessel of any kind on or over Long Lake unless authorized by the Water Utility.

 

       (3)    No person shall at any time operate a vehicle, including an off-highway vehicle as defined in the Off-highway Vehicles Act, R.S.N.S. 1989, c. 323, or any other type of recreational vehicle on or over Long Lake or Lake Major.

 

       (4)    No person shall at any time operate a vessel on Lake Major which is powered by a motor greater than 9.9 horsepower or which carries more than twenty-three (23) litres of gasoline.

 

       (5)    No person shall fill a gasoline tank or transfer any liquid fuel from tank to tank on or within twenty (20) metres of the shoreline or bank of Lake Major or Long Lake.


Swimming, bathing or washing restrictions

5     (1)    No person shall swim, bathe or wash at any time in Long Lake or any tributary to Long Lake which is located within the Protected Water Area.

 

       (2)    No person shall bathe or wash at any time in Lake Major or any tributary to Lake Major which is located within the Protected Water Area except within eight hundred (800) metres from the Lake Major Dam.

 

       (3)    No person shall swim in Lake Major within one hundred (100) metres of the intake for the water supply for the City of Dartmouth.


Fishing restrictions

6     (1)    No person shall fish at any time from a vessel on Long Lake.

 

       (2)    No person shall fish from the shoreline or bank of Long Lake except beyond one hundred (100) metres of the intake for the water supply for the community of North Preston.

 

       (3)    No person shall fish from a vessel or from the shoreline or bank of Lake Major within one hundred (100) metres of the intake for the water supply for the City of Dartmouth.


Forestry restrictions

7     (1)    No person shall undertake any type of forestry activity in the Protected Water Area which in any way will diminish the quality or quantity of water therein.

 

       (2)    No person shall construct a forest access road within the Protected Water Area unless the route location is approved in writing by the Water Utility following consultation with the Board.

Subsection 7(2) amended: N.S. Reg. 50/2010.

 

       (3)    No person shall construct a bridge, culvert or otherwise alter a watercourse within the Protected Water Area unless a permit or approval is issued by the Minister or a person designated by the Minister under Section 17 of the Water Act following consultation with the Board.

[Note: The Water Act is repealed by the Environment Act, S.N.S. 1994-95, c. 1. Please refer to the Approval and Notification Procedures Regulations (N.S. Reg. 17/2013) and the Activities Designation Regulations (N.S. Reg. 47/95) made under the Environment Act.]

 

       (4)    No owner, operator or person responsible for a forest access road, bridge or culvert approved under subsections (2) or (3) shall

 

                (a)    fail to maintain or repair the same; or

 

                (b)    remove a bridge or culvert without the prior written approval of the Minister or a person designated by the Minister.

 

       (5)    No person shall commence any type of forestry activity within the Protected Water Area unless that person

 

                (a)    gives at least thirty (30) days’ prior notice to the Water Utility; and

Clause 7(5)(a) amended: N.S. Reg. 50/2010.

 

                (b)    obtains written approval to commence the activity from the Water Utility.

Clause 7(5)(b) amended: N.S. Reg. 50/2010.

 

       (6)    (a)    No person shall undertake any type of a forestry activity within the Protected Water Area in excess of twenty (20) hectares unless the owner, operator or person responsible for the forest land has management plan prepared by a professional forester.

 

                (b)    No person shall commence any forestry activity under clause (a) unless the forest management plan is reviewed and approved by the Water Utility in consultation with the Board.

Clause 7(6)(b) amended: N.S. Reg. 50/2010.

 

                (c)    A forest management plan prepared under clause (a) shall ensure that any forestry activity conducted within the Protected Water Area has as a primary objective the protection of

 

                         (i)     the watershed and any watercourse located therein; and

 

                         (ii)    the quality and quantity of water located within the watershed.

 

       (7)    No person shall at any time drive logs on any watercourse located within the Protected Water Area.

 

       (8)    No person shall at any time operate forest harvesting equipment in a watercourse within the Protected Water Area.

 

       (9)    A permit or approval issued under this Section may contain terms and conditions respecting time and other restrictions if the terms, conditions or restrictions are deemed necessary to protect water quality in the Protected Water Area.


Pest control products and biocide restrictions

8     (1)    Except as provided in subsection (2), no person shall spray or otherwise apply a pest control product or biocide, including but not limited to, an insecticide, herbicide, or fungicide, within the Protected Water Area.

 

       (2)    Pest control products and biocides which are exempt from subsection (1) include dormant oils, lime sulphur, insecticidal soap, Bacillus thuringiensis formulations, and other pest control products or biocides which may be approved from time to time for exemption by the Administrator.

 

       (3)    With the exception of the aerial application of Baccillus thuringiensis formulations, no person shall apply a pest control product listed in subsection (2) within the Protected Water Area unless the application is done by a ground method and is administered in accordance with the Act and regulations made pursuant thereto.


Refuse or waste restrictions

9     (1)    No person shall at any time pile or accumulate agricultural refuse, farm waste or wood processing waste, including sawdust, bark, chips or shavings, within sixty-five (65) metres of the shoreline or bank of any watercourse within the Protected Water Area.

 

       (2)    Any materials described in subsection (1) shall be contained by a storage method approved by the Administrator.


Discharges prohibited

10   (1)    No person shall deposit, release, discharge, drain, or emit or cause or permit the deposit, release, discharge, drainage, or emission of oil, petroleum products, soap, detergent, a toxic chemical, pest control product waste, garbage, litter, solid or liquid waste, or any other material that causes or may cause pollution to a watercourse or any other area within the Protected Water Area.

 

       (2)    A product described in subsection (1) shall be safely disposed of outside the boundaries of the Protected Water Area in a place and in a manner approved by the Department, the Nova Scotia Department of Health and Wellness and the Municipality of the County of Halifax.


Landfill prohibition

11   (1)    No person, including a municipality, shall establish a dump, landfill or waste disposal site within the Protected Water Area.

 

       (2)    A dump, landfill or waste disposal site which exists at the date of this Order shall be terminated within one (1) year of the date of this Order.

 

       (3)    The material in any dump, landfill or waste disposal site identified in subsection (2) shall be removed or covered with soil by the owner, operator or person responsible for the property and the area revegetated to the satisfaction of the Administrator and the Nova Scotia Department of Health and Wellness.


Corridor restriction

12   No road, pipeline, railway, telephone line, power line or other similar development shall be constructed on, over or across the Protected Water Area or an easement granted thereupon unless the same is approved in writing by the Administrator following consultation with the Board.


Sewage system requirements

13   No person shall install an on-site sewage disposal system within the Protected Water Area unless

 

                (a)    the local Board of Health having jurisdiction within the area has given prior written approval; and

 

                (b)    the system is constructed in conformance with the Installation of On-site Sewage Disposal Systems Regulations made pursuant to Chapter 195 of the Revised Statutes of Nova Scotia, 1989, the Health Act, and other applicable legislation.

[Note: Boards of Health were abolished effective April 1, 1995, by the Municipal Reform (1994) Act, S.N.S. 1994-95, c. 7, S. 24. The On-site Sewage Disposal Systems Regulations are now also made pursuant to the Environment Act.]


Pit/mine/quarry requirements

14   No person shall commence an operation or use any pit, mine or quarry for the extraction of gravel, rock or minerals unless that person has received the prior written approval from the Administrator following consultation with the Board.


Soil erosion and sedimentation control

15   (1)    No person shall at any time undertake any activity that causes or might cause soil erosion resulting in sedimentation of a watercourse located within the Protected Water Area.

 

       (2)    Where sedimentation occurs, no owner, operator or person responsible for the property involved shall fail to undertake immediate action to install erosion and sediment control measures.

 

       (3)    No person shall at any time permit water which has a suspended solid concentration greater than 25 milligrams per litre to discharge from any construction site located within the Protected Water Area.

 

       (4)    Except for grubbing or earth moving required to construct a single or two-unit dwelling, no person shall commence any activity requiring grubbing and earth moving within the Protected Water Area unless that person develops an erosion and sedimentation control plan which is approved in writing by the Administrator following consultation with the Board.


Road construction restrictions

16   (1)    No person shall undertake any road construction work in the Protected Water Area unless the work is conducted between June 1 and September 30th, inclusive, in any year.

 

       (2)    No person shall expose at any time more than 1900 square metres of roadway subbase in the Protected Water Area.


Dwelling unit construction restrictions

17   No owner, occupier, contractor or person responsible for constructing a dwelling unit within the Protected Water Area shall proceed with the construction unless the following terms and conditions to control erosion and sedimentation are met:

 

                (a)    all areas where vehicular activity will take place will be covered with rock or material to stabilize the area;

 

                (b)    during construction, should areas described in clause (a) become rutted, additional granular material shall be applied to prevent the transport of silt from the site;

 

                (c)    if the dwelling unit is adjacent to a watercourse, ditch or storm sewer, all soil excavated to permit construction of the foundation or basement of the dwelling shall be trucked out of the Protected Water Area or be completely covered with a material to prevent erosion;

 

                (d)    exposed soil shall be covered to prevent erosion until a permanent protective cover is established;

 

                (e)    erosion protection shall be inspected at least twice a week by the owner, operator or person responsible and repaired if unstable areas are found;

 

                (f)    soil which is exposed adjacent to a watercourse, ditch, or storm sewer shall be stabilized within twenty-four (24) hours of exposure;

 

                (g)    once landscaping starts, lawn areas shall be immediately prepared, sodded or seeded and mulched within seven (7) days;

 

                (h)    no more than 200 square metres of lawn area shall be developed at any one time; and

 

                

(i)                     all landscaping shall be carried out between May 1 and October 31, inclusive, in any year.


Approval requirements

18   (1)    No person shall fail to obtain all municipal, provincial, and federal approvals which may be required to conduct any type of operation or do any activity within the Protected Water Area.

 

       (2)    No person shall fail to comply with the terms and conditions of any permit, licence or approval, or fail to comply with any act or regulation which might apply within the Protected Water Area.


Appointment of Administrator

19   The Minister may appoint an employee in the Department as an Administrator to administer, on behalf of the Minister and the Department, the provisions of this Order.


[Note: references to the Department of Health and Fitness have been updated to "Department of Health and Wellness" in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]


Dated at Halifax in the County of Halifax, Province of Nova Scotia, this 10th day of July, 1992.




                                                                         Sgd: Terence R. B. Donahoe

                                                                         The Hon. Terence R. B. Donahoe, Q.C.

                                                                         Minister of the Environment