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Lake George Watershed Protected Water Area Regulations
made under Section 106 of the
Environment Act
S.N.S. 1994-95, c. 1
N.S. Reg. 197/2006 (October 16, 2006)
Citation
1 These regulations may be cited as the Lake George Watershed Protected Water Area Regulations.
Interpretation
2 In these regulations,
(a) “Act” means the Environment Act;
(b) “agricultural operation” means a farming unit other than a household garden that
(i) houses livestock or where livestock graze or are pastured,
(ii) has greater than 2 ha of land in forage production,
(iii) has greater than 2 ha of land in annual crop production, or
(iv) grows and harvests Christmas trees on a commercial basis,
or to which any combination of subclauses (i) to (iv) applies;
(c) “Committee” means the Lake George 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) road construction, and
(v) 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) “open fire” means a fire that is not fully contained within a stove or other device in common usage for the burning of wood as a fuel source for domestic cooking or heat;
(i) “pest control product” has the same meaning as set out in clause 2(q) of the Pesticide Regulations made under the Act;
(j) “professional forester” means a graduate from a Canadian university with at least a bachelor’s degree in forestry;
(k) “Protected Water Area” means the land and water designated by the Minister pursuant to subsection 106(1) of the Act as the Lake George Watershed Protected Water Area as described in 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) “Water Works Operator” means the Town of Yarmouth Water Utility, operator of the Lake George municipal water works.
[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.]
Public notification
3 (1) The Water Works Operator must post signs at appropriate locations 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 appropriate 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 under these regulations.
Activity restrictions
4 (1) No person is permitted to swim in Lake George except within 100 m of the dam.
(2) No person is permitted to wash a vehicle or equipment in any watercourse or within 60 m of the shoreline or bank of any watercourse within the Protected Water Area.
(3) No person is permitted to fish within 100 m of the intake for the water treatment plant.
(4) No person is permitted to operate a motorized vessel or vehicle of any kind, including but not limited to
(a) motorized boat;
(b) jetskis;
(c) a hovercraft; or
(d) an amphibious vehicle
on, through, or over Lake George other than for the protection of the Protected Water Area and unless authorized by the Water Works Operator.
(5) No person is permitted to operate a snowmobile, all-terrain vehicle, or other off-highway vehicle on Lake George or any watercourse, whether covered by ice or not, other than for the protection of the Protected Water Area and unless authorized by the Water Works Operator.
(6) No person is permitted to skate or participate in ice surface recreational activities on Lake George
(a) within 1000 m of the water treatment plant intake; and
(b) within 100 m of the dam.
Fire restrictions
5 (1) No person is permitted to light or be responsible for an open fire in the Protected Water Area from April 1 to October 15, inclusive, in any year.
(2) No person is permitted to burn a product other than wood or charcoal during a time when an open fire is permitted.
(3) Persons involved in a forestry operation within the Protected Water Area must comply with the Forests Act and regulations made pursuant thereto, including the Forest Fire Protection Regulations.
Forestry restrictions
6 (1) No person owning property in excess of 5 ha is permitted to undertake any type of 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 described in the “Lake George Watershed Management and Protection Strategy” issued by the Water Works Operator; 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 personal 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
7 No person is permitted to construct a forest access road within the Protected Water Area unless the route location and construction methods are approved in writing by the Water Works Operator.
8 A forest access road within the Protected Water Area must be constructed in accordance with 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.
9 No person is permitted to construct or remove a bridge or culvert or otherwise alter a watercourse within the Protected Water Area without first obtaining all necessary approvals from the Department and providing the Water Works Operator with copies of such approvals.
10 An owner, operator or person who is responsible for an approved forest access road, bridge or culvert must maintain and repair the road, bridge or culvert to the satisfaction of the Water Works Operator.
Pest control restrictions
11 No person is permitted to use a pest control product within the Protected Water Area without first obtaining
(a) written permission from the Water Works Operator; and
(b) an approval from the Department.
Refuse, waste and discharge restrictions
12 (1) No person is permitted to install an on-site sewage disposal system within the Protected Water Area unless
(a) the person has obtained an approval from the Department; and
(b) the system is constructed in conformance with the On-site Sewage Disposal Systems Regulations made under the Act.
(2) An on-site sewage disposal system in the Protected Water Area must be pumped and inspected every 3 years.
(3) 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 to a watercourse or any other area within the Protected Water Area.
(4) No person is permitted to establish a dump, landfill, an open windrow compost operation, or waste disposal site within the Protected Water Area.
Agriculture restrictions
13 (1) An agricultural operation undertaken within the Protected Water Area must be conducted according to a nutrient management plan prepared by a qualified nutrient management planner and approved by the Water Works Operator.
(2) No person is permitted to conduct agricultural operations in the Protected Water Area within 100 m of any watercourse, well, or drainage ditch, including a public highway ditch.
(3) No person is permitted to house livestock, or store manure, pest control products, or fertilizer as part of an agricultural operation in the Protected Water Area, within 100 m of a watercourse, well, or drainage ditch, including a public highway ditch or private roadway ditch.
(4) No person is permitted to import manure or biosolids for application on land or storage for an agricultural operation in the Protected Water Area.
(5) Agricultural operations are subject to the soil erosion and sedimentation control restrictions of Section 16.
Easement restrictions
14 No person is permitted to construct a road, pipeline, railway, telephone line, power line, or other similar undertakings or grant an easement on, over, under, or across the Protected Water Area without first obtaining the written approval of the Water Works Operator, which the Water Works Operator will not unreasonably refuse.
Pit, mine, quarry restrictions
15 No person is permitted to extract peat, gravel, rock, minerals, aggregate materials, top soil or any non-renewable resources within the Protected Water Area.
Soil erosion and sedimentation control
16 (1) No owner, occupier, contractor or person responsible for a construction project or other activity within the Protected Water Area requiring grubbing or earth moving that would expose more than 250 m2 of soil 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 prior written approval of the Water Works Operator.
(2) No person is permitted to release at any time water that has a suspended solid concentration greater than 25 mg/L from any construction site within the Protected Water Area.
Home heating oil tanks and fuel storage tanks
17 (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
(a) made of stainless steel;
(b) constructed with double walls; or
(c) approved prior to installation in writing by the Water Works Operator.
(2) No person is permitted to install a petroleum storage tank within the Protected Water Area that is not located inside a dwelling or other building unless the tank is
(a) supported by concrete footings;
(b) equipped with a fuel line guard;
(c) securely fastened to the dwelling or other building; and
(d) surrounded by a concrete containment capable of holding 110% of the volume of the tank.
(3) No person is permitted to install a gasoline petroleum storage tank or a diesel petroleum storage tank within the Protected Water Area that holds more than 1135 L.
(4) No person is permitted to install an underground petroleum storage tank within the Protected Water Area.
(5) 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 runoff from the area.
Consultation with the Committee
18 (1) The Water Works Operator must consult with the Committee before granting any authorization or approval required by these regulations.
(2) A permit or approval issued by the water works operator under these regulations 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.
Approval by Water Works Operator
19 Any decisions regarding approvals made by the Water Works Operator under these regulations must be made no later than 60 days after the application is submitted.