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McGee Lake Watershed Protected Water Area Regulations made under Section 106 of the
S.N.S. 1994-95, c. l
N.S. Reg. 209/2005 (October 19, 2005)
1 These regulations may be cited as the McGee Lake Watershed Protected Water Area Regulations.
2 In these regulations,
(a) "Act" means the Environment Act;
(b) "Department" means the Nova Scotia Department of Environment;
(c) "developer" means a person who develops or proposes to develop land and includes any agent or contractor who works for the developer;
(d) "development" means any disturbance of land for purposes of constructing roadways, residential dwellings, commercial establishments, recreation areas and parkland;
(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,
(v) road construction, and
(vi) operation, storage and use of equipment and supplies used in any aspect of the activity;
(f) "Minister" means the Minister of Environment;
(g) "Protected Water Area" means the land and water designated by the Minister pursuant to subsection 106(1) of the Act as the McGee Lake Watershed Protected Water Area, as described in Schedule "A" to the designation;
(h) "release" means to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, leak, seep, pour, emit, empty, throw, dump, place, drain, pump or exhaust;
(i) "vegetation" means any living plant or tree growth;
(j) "Water Works Operator" means the Kentville Water Commission, operator of the McGee Lake Water Treatment Plant.
[Note: the references to the Department in clauses (b) 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.]
Posting of signs
3 (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.
4 (1) No person is permitted to swim or bathe in watercourses within the Protected Water Area.
(2) No person is permitted to wash a vehicle in any watercourse or within 10 m of the shoreline or bank of any watercourse within the Protected Water Area.
(3) No person is permitted to, at any time, operate a motorized vessel of any kind, on, through or over McGee Lake or any watercourse in the Protected Water Area, unless authorized by the Water Works Operator for the protection of the Protected Water Area.
(4) No person is permitted to fill a gasoline tank or transfer any liquid fuel from tank to tank on or within 10 m of the shoreline or bank of McGee Lake or any watercourse within the Protected Water Area, except for the purpose of operating the McGee Lake Water Treatment Plant or a purpose reasonably incidental to the maintenance of private property.
Road construction and maintenance restrictions
5 (1) No person is permitted to undertake any road construction within the Protected Water Area unless
(a) written approval has been obtained in advance from the Water Works Operator; and
(b) the road construction is undertaken between June 1 and September 30, inclusive, in any year.
(2) A person who is responsible for a road constructed under subsection (1) must maintain and repair the road, in order to maintain water quality.
(3) No person is permitted to apply road salt on any roads or driveways within the Protected Water Area.
6 The construction of a forest access or wood lot road, stream crossing, culvert or other watercourse alteration within the McGee Lake 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.
On-site sewage disposal systems
7 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.
Prohibition on release of substance
8 (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
9 No person is permitted to establish a dump, landfill, or waste disposal site within the Protected Water Area.
Vegetation removal restrictions
10 No person is permitted to alter or remove vegetation within 10 m of McGee Lake.
Watercourse setbacks and buffers
11 No person is permitted to erect a structure, excavate, fill or alter the grade of land within 10 m of McGee Lake or within 10 m of a wetland within the Protected Water Area.
12 (1) 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.
(2) 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 tank restrictions
13 (1) No person is permitted to install a home heating oil tank within 50 m of the shoreline of McGee Lake.
(2) No person is permitted to install a home heating oil tank, gasoline fuel storage tank, or diesel fuel storage tank within the Protected Water Area unless it is supported by concrete footings and is
(a) made of stainless steel;
(b) made of fibreglass; or
(c) constructed with double walls.
Pits and quarries restrictions
14 No person is permitted to authorize or commence an operation to extract peat, gravel, rock or minerals in the Protected Water Area.
15 No person is permitted to undertake within the Protected Water Area, a commercial application of a pest control product or biocide, including but not limited to an insecticide, herbicide, or fungicide.
16 No person is permitted to construct a pipeline, railway, telephone line, power line or other similar corridor development or grant an easement on, over or across the Protected Water Area, without first obtaining the written approval of the Water Works Operator.
17 (1) No person is permitted to stockpile or accumulate livestock manure within 100 m of the shoreline of McGee Lake or any watercourse or well.
(2) No person is permitted to establish, within the Protected Water Area, a commercial livestock operation larger than 50 animal units.
(3) The following animals are assigned animal units as set out in the following table:
Animal Equivalent Animal Unit(s) Beef Feeders 2 Broiler Chickens or Hens 1000 Dairy or Beef Cow 1 Heavy Turkey Hens 150 Heavy Turkey Toms 100 Laying Hens 125 Sheep, Hogs, Veal Calves or Sows 10 Turkey Broilers 300