James River Watershed Protected Water Area Regulations

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This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
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James River Watershed Protected Water Area Regulations

made under Section 106 of the

Environment Act

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

N.S. Reg. 169/2006 (August 25, 2006)


Citation

1     These regulations may be cited as the James River Watershed Protected Water Area Regulations.


Interpretation

2     In these regulations,

 

                (a)    “Act” means the Environment Act;

 

                (b)    “biocide” means a substance capable of killing living organisms that is not registered as a pest control product and includes a toxic chemical;

 

                (c)    “Board” means the James River Watershed Stewardship Board or its successor;

 

                (d)    “Department” means the Department of Environment;

 

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

 

                (f)    “development” means any disturbance of land for purposes of constructing roadways, residential dwellings, commercial establishments, recreation areas and parkland;

 

                (g)    “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)   watershed protection,

 

                         (v)    road construction,

 

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

 

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

 

                (i)     “Minister” means the Minister of Environment;

 

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

 

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

 

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

 

                (m)   “residential dwelling” means a permanent structure, used for human habitation;

 

                (n)    “vegetation” means any living plant or tree growth;

 

                (o)    “Water Works Operator” means the Town of Antigonish, any designate, or successor or operator of the James River Water Utility;

 

                (p)    “wetland” has the same meaning as set out in clause 2(y) of the Environmental Assessment Regulations made under the Act;

 

                (q)    “Zone 1” means the area of the James River Watershed as outlined approximately as Zone 1 on Map “A” attached to the designation;

 

                (r)    “Zone 2” means the area of the James River Watershed between Zone 1 and the southern edge of the Power Line as outlined approximately as Zone 2 on Map “A” attached to the designation;

 

                (s)    “Zone 3” means the area of the James River Watershed north of Zone 2 as outlined approximately as Zone 3 on Map “A” attached to the designation.

[Note: the references to the Department in clauses (d) and (i) 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.]

 

Restricted activities

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

 

       (2)    No person is permitted to fish from the shoreline of, or in James River between the dam in Zone 1 and the falls in Zone 2.

 

       (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 the Protected Water Area.

 

       (4)    No person is permitted to operate a motorized vehicle of any kind in Zone 1 or 2, unless

 

                (a)    the motorized vehicle is being operated

 

                         (i)     on a public road,

 

                         (ii)    on a road built under an accepted forest management plan, or

 

                         (iii)   on an access road to private land holdings; and

 

                (b)    unless the operation of the motorized vehicle is authorized by the Water Works Operator.

 

       (5)    No person is permitted to operate a vessel of any kind, on, through or over James River or any watercourse in Zones 1 and 2 of the Protected Water Area, unless authorized by the Water Works Operator.

 

       (6)    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 James River or any watercourse within the Protected Water Area.


Posting of signs

4     (1)    The Water Works Operator must post signs at road access points 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 without approval of the Water Works Operator.


Fire restrictions

5     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.


Forestry operations

6     (1)    No person is permitted to undertake a forestry operation

 

                (a)    in Zone 1;

 

                (b)    within 60 m of any watercourse in Zone 2; or

 

                (c)    within 30 m of any watercourse in Zone 3.

 

       (2)    A forestry operation conducted within the Protected Water Area must be conducted pursuant to a forest management plan that

 

                (a)    is prepared by a professional forester in accordance with the Watershed Management Plan for the James River Watershed, approved by the Board dated October 2003, or its successor document, as amended from time to time;

 

                (b)    complies with all requirements of the Department of Natural Resources; and

 

                (c)    is approved by the Water Works Operator.


Road construction and maintenance restrictions

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

 

                (a)    written approval has been obtained in advance from the Water Works Operator; and

 

                (b)    the road construction and maintenance 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.

 

       (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 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.


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 approved by the Water Works Operator.


Pest control products

10   No person is permitted to use a pest control product or biocide within the Protected Water Area unless the use is related to the operation of the James River Water Treatment Plant and carried out under the supervision of the Town Engineer.


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 the approval of the Water Works Operator and 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 Protected Water 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 within the Protected Water Area.


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.


Storm water 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 without the approval of the Water Works Operator.

 

       (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 without the approval of the Water Works Operator.

 

       (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.

 

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.


Watercourse setbacks and buffers

18   No person is permitted to erect a structure, excavate, fill or alter the grade of land within 100 m of James River or within 30 m of any watercourse or wetland located in the protected Water Area, unless such activity is

 

                (a)    related to the operation of the James River Water Treatment System; and

 

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


Consultation with the Board

19   The Water Works Operator may consult with the Board before granting any authorization or approval required by these regulations.


Watershed management

20   The Water Works Operator may conduct activities that are required to maintain, enhance, or protect the source water quality or quantity of the James River Watershed.



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