Oakland Lake 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.
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Oakland Lake Watershed Protected Water Area Regulations

made under Section 106(6) of the

Environment Act

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

N.S. Reg. 345/2007 (July 18, 2007)


Citation

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


Interpretation

2     In these regulations,

 

                (a)    “Act” means the Environment Act;

 

                (b)    “Committee” means the Oakland Lake Watershed Advisory Committee;

 

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

 

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

 

                (e)    “Water Works Operator” means the Town of Mahone Bay Water Utility, operated by the Town of Mahone Bay and represented by the Chief Administrative Officer of the Town.


Posting of signs

3     (1)    The Water Works Operator must post signs around the perimeter of the Protected Water Area, and at appropriate locations beside the public highways in the Protected Water Area, to notify the public of the designation of the Protected Water Area.

 

       (2)    The Water Works Operator must take reasonable measures to replace any sign posted under subsection (1) that is damaged or removed.

 

       (3)    A person must not remove or alter any sign or notice posted under subsection (1).


Release of substance

4     (1)    A person must not release, or cause or permit the release of, any substance that causes or may cause an adverse impact to water quality in the Protected Water Area, including any of the following:

 

                (a)    oil and other petroleum products;

                (b)    soap;

                (c)    detergent;

                (d)    toxic chemicals;

                (e)    pest control product waste;

                (f)    garbage;

                (g)    litter;

                (h)    solid or liquid waste.

 

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


Dumps, landfills, and disposal sites

5     A person must not establish a dump, landfill or waste disposal site in the Protected Water Area.


Restricted lake activities

6     (1)    A person must not swim, bathe or wash in Oakland Lake within 300 m of the intake for the Town of Mahone Bay Municipal Water Works.

 

       (2)    A person must not operate an internal combustion engine in, on or over Oakland Lake at any time of the year.

 

       (3)    A person must not fish in Oakland Lake, or from the banks of the lake, within 100 m of the intake for the Town of Mahone Bay Municipal Water Works.


Easement and road construction restrictions

7     (1)    A person must not grant an easement on, over or across the Protected Water Area for a road, pipeline, railway, telephone line, power line or other similar works unless the person provides the route and location details of the easement to the Water Works Operator no later than 30 days before the date the easement is granted.

 

       (2)    A person must not construct a road, pipeline, railway, telephone line, power line or other similar works in the Protected Water Area unless the person provides complete construction details to the Water Works Operator no later than 30 days before the date construction begins.

 

       (3)    A forest access road in the Protected Water Area must be constructed in accordance with the booklet Wood Lot Roads, Stream Crossings published by the Department of Natural Resources, or its successor document or code of practice, as amended.

 

       (4)    A person who is responsible for a road, pipeline, railway, telephone line, power line or other similar works constructed in the Protected Water Area must maintain and keep the works repaired to prevent impairment of the quality of water in Oakland Lake.


Watercourse alteration

8     (1)    A person must not construct a bridge or culvert or otherwise alter a watercourse in the Protected Water Area unless they have

 

                (a)    obtained a watercourse alteration approval from the Department of Environment; and

 

                (b)    provided construction plans and a copy of the approval to the Water Works Operator no later than 30 days before the date construction begins.

 

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

 

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

 

                (b)    must not remove the bridge or culvert unless they have obtained an approval from the Department of Environment and provided notification and a copy of the approval to the Water Works Operator before undertaking to remove the bridge or culvert.


Wetland alteration

9     A person must not fill, excavate, drain or otherwise alter a marsh, swamp, bog, mire, fen, slough or other type of wetland in the Protected Water Area unless they have

 

                (a)    obtained a wetland alteration approval from the Department of Environment; and

 

                (b)    provided complete plans for the undertaking and a copy of the approval to the Water Works Operator no later than 30 days before the date the work begins.


Soil erosion and sediment control

10   (1)    A person must not undertake an activity that causes or might cause soil erosion resulting in sediment being deposited in a watercourse located in the Protected Water Area.

 

       (2)    A person who contravenes subsection (1) must immediately

 

                (a)    cease the activity causing sedimentation and take measures to control the soil erosion and sediment deposition; and

 

                (b)    notify the Water Works Operator.

 

       (3)    An owner, occupier, contractor or person who is responsible for a construction operation or an activity requiring grubbing or earth moving that would expose more than 50 m2 of earth in the Protected Water Area must not 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 of Environment; and

 

                (b)    provided complete plans of the undertaking to the Water Works Operator no later than 30 days before the date the earth moving begins.

 

       (4)    A person must not release water from a construction site in the Protected Water Area that has a suspended solid concentration greater than 25 mg/L.

 

       (5)    A person must not alter or remove vegetation within 20 m of Oakland Lake or any other watercourse in the Protected Water Area without ensuring that the understory vegetation and non-commercial trees within 20 m of the edge of the watercourse are retained to the fullest extent possible.


Use of pest control products

11   A person may use a pest control product in the Protected Water Area only if all the following conditions are met:

 

                (a)    the person notifies the Water Works Operator of the product to be used no later than 30 days before the date the product is used;

 

                (b)    the person who applies the product is a certified applicator under the Pesticide Regulations made under the Act.


On-site sewage disposal systems

12   (1)    A person must not construct or install an on-site sewage disposal system in the Protected Water Area unless the clearance distance from the system is greater than 75 m from any watercourse.

 

       (2)    An on-site sewage disposal system in the Protected Water Area must be

 

                (a)    pumped out every 2 years; and

 

                (b)    replaced or repaired immediately after it is identified as malfunctioning as defined in the On-site Sewage Disposal Systems Regulations made under the Act.


Storing petroleum products

13   (1)    Except when replacing a tank under subsection (2), a person must not install any liquid petroleum products storage tank other than a propane tank in the Protected Water Area, including any of the following:

 

                (a)    a home heating-oil tank;

 

                (b)    a gasoline fuel storage tank;

 

                (c)    a diesel fuel storage tank.

 

       (2)    A person may replace an existing home heating-oil tank in the Protected Water Area if the replacement tank is supported by concrete footings, has a fuel line guard and a leak detection device and meets one of the following:

 

                (a)    it is made of stainless steel double wall construction;

 

                (b)    it is made of glass-reinforced plastic;

 

                (c)    it is approved in writing by the Water Works Operator before it is installed.


Agriculture restrictions

14   (1)    A person must not pasture livestock or apply livestock manure on agricultural land in the Protected Water Area in excess of land base requirements as determined in accordance with the Manure Management Guidelines published by the Department of Agriculture and Fisheries, or its successor document or code of practice, as amended.

 

       (2)    A person must not stockpile or accumulate livestock manure or biosolids in the Protected Water Area.

 

       (3)    A person must not apply livestock manure or biosolids on land in the Protected Water Area

 

                (a)    after September 30 and before May 1 in any year; and

 

                (b)    in any manner that causes or may cause an adverse impact to water quality in the Protected Water Area.

 

[Note: references to the Department of Environment and Labour have been updated to "Department of Environment" throughout, in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2008.]



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