On-site Sewage Disposal Systems Regulations
made under Sections 66 and 110 and subsection 122A(3) of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 2015-292 (effective May 1, 2016), N.S. Reg. 317/2015
amended to O.I.C. 2018-327 (effective December 4, 2018), N.S. Reg. 213/2018
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
System Installations and Maintenance
Selection and design of systems
Installing a system
Covering a system
Certificate of installation
Maintaining a system
Malfunctions and releases to the environment
Directives
Certifications
Eligibility requirements for certificates of qualification
Applying for certificate of qualification
Compliance with terms and conditions
Certificate of qualification in possession
Certification expiry and renewal
Written notice of changes to identifying information
Certification reinstatement
Permitted Activities
Qualified person
Installers
Septic tank cleaners
Subdivision
Application of these regulations to lots being subdivided
Subdivision review process
Minimum lot requirements for lots being subdivided
Citation
1 These regulations may be cited as the On-site Sewage Disposal Systems Regulations.
Definitions
2 In these regulations, the following definitions apply:
“Act” means the Environment Act;
“Activities Designation Regulations” means the Activities Designation Regulations
made under the Act;
“Approval and Notification Procedure Regulations” means the Approval and
Notification Procedure Regulations made under the Act;
“certificate of installation” means documentation in a form acceptable to the
Minister verifying that a system was installed as required by these regulations and
the Standard;
“certified person” means a qualified person, an installer or a septic tank cleaner;
“development officer” means a development officer as defined in the Municipal
Government Act and appointed by a council to approve subdivisions;
“disposal field” means the part of a system that treats sewage and distributes
treated sewage into the soil;
“fee” means a fee established by the Minister in the Fees Regulations made under
clause 8A(1)(a) of the Act;
“holding tank” means a system that consists of a closed watertight receptacle that
does not discharge effluent, but is designed and used to receive and store sewage
before it is collected by a septic tank cleaner;
“installer” means a person who holds a current certificate of qualification as an
installer;
“instrument of subdivision” means an instrument of subdivision under the
Municipal Government Act;
“lot width” means the minimum width of a lot measured through the centre of the
proposed or existing disposal field to the boundaries of the lot;
“pit privy” means a pit where human solid waste is stored and from which liquid
waste is emitted into the soil, and includes the structure that sits over the pit;
“portable rest room” means a mobile receptacle used for the temporary storage of
sewage;
“professional engineer” means a person who holds a certificate of registration or
licence to practise under the Engineering Profession Act;
“qualified person” means a person who holds a current certificate of qualification
as a qualified person;
“septic tank” means a watertight, covered receptacle designed and constructed to
treat sewage before it is discharged to a disposal field or discharged for further
treatment;
“septic tank cleaner” means a person who holds a current certificate of
qualification as a septic tank cleaner;
“sewage” means any wastewater or human waste;
“soil assessment” means a procedure outlined in the Standard that uses a test pit to
evaluate factors that affect the subsurface distribution and treatment of septic tank
effluent;
“Standard” means the On-site Sewage Disposal Systems Standard published by the
Minister;
“subdivider” means the registered owner of an area of land proposed to be
subdivided and includes anyone acting with the registered owner’s consent;
[Note: Duplicate definition of “subdivider” omitted from text for the purposes of this consolidation.]
“subdivision” means a subdivision as defined in the Municipal Government Act;
“surface watercourse” means a watercourse as defined in the Act, excluding
groundwater;
“system” means, except where the context requires otherwise, any on-site
mechanism or part of an on-site mechanism for the treatment and disposal of
sewage that is not directly connected to an approved central wastewater collection
and treatment system;
“vault privy” means a closed watertight receptacle that stores human solid waste
and is required to be pumped out regularly, and includes the structure that sits over
the receptacle.
System Installations and Maintenance
Selection and design of systems
3 (1) A system must be selected from the Standard or designed.
(2) A person must be a professional engineer or a qualified person to select a system
from the Standard.
(3) A person must be a professional engineer to design a system.
Installing a system
4 (1) At least 24 hours before excavating is to begin for the installation of a system, a
qualified person or professional engineer must alert the Department in writing by
submitting a form acceptable to the Department that specifies the time and date
that excavating is to begin.
(1A) An installer must not begin installing a system without the permission of the
qualified person or professional engineer who selected or designed the system.
(2) An installer must install a system in accordance with all of the following:
(a) the requirements specified in the notification receipt or approval issued for
the installation;
(b) the details specified in the form submitted as required by subsection (1) for
the installation;
(c) these regulations;
(d) the Standard.
(3) If a change in conditions occurs before or during the installation of a system and
the change may have an impact on the suitability of the selection or design of the
system, the installer must immediately inform the qualified person or professional
engineer who selected or designed the system of the change.
(4) A qualified person or professional engineer who is notified of a change in
conditions must consider the change and determine whether an approval or
notification is required under Section 3 of the Activities Designation Regulations
with respect to the change.
Covering a system
5 (1) An installer must not cover a system without the permission of the qualified person
or professional engineer who selected or designed the system.
(2) A qualified person or professional engineer who refuses to grant permission to
cover a system must, no later than 15 days after the date of the refusal, send a
written report to the Minister explaining why permission to cover the system was
refused.
Certificate of installation
6 (1) A person who selects or designs a system must issue a certificate of installation
when the installation is finished.
(2) If the person who selected or designed a system has not maintained their
qualification or is dead, ill or otherwise unavailable to issue a certificate of
installation for the system, another person who holds [a] current qualification to
select or design that system may issue the certificate of installation.
(3) A person who issues a certificate of installation must, no later than 15 days after
completion of the system, send a copy of the certificate of installation to each of
the following:
(a) the Minister;
(b) the local building official appointed under the Building Code Act;
(c) the owner of the lot.
Maintaining a system
7 The owner of a lot must ensure the proper functioning and maintenance of their system.
Malfunctions and releases to the environment
8 (1) An owner of a lot must advise the Department no later than 15 days after the date
the owner becomes aware of any of the following occurrences:
(a) a malfunction of a system on the lot that has resulted in a release of
untreated or partially treated sewage;
(b) a release of untreated sewage to the environment on or from the lot.
(2) An owner of a lot who is having a system installed to replace a malfunctioning
system or to remedy a release of untreated sewage to the environment must ensure
the system is installed no more than 45 days after the date that the notification for
the activity was submitted under the Approval and Notification Procedure
Regulations, unless a written extension is granted by the Minister.
Directives
9 (1) The following are prescribed for the purposes of clause 122A(1)(e) of the Act as
circumstances in which an inspector may issue a directive to a person:
(a) the person has installed a system or caused a system to be installed without
obtaining an approval or providing notification as required by the Activities
Designation Regulations;
(b) the person has not complied with the Standard in installing a system or
causing a system to be installed.
(2) The following are prescribed for the purposes of clause 122A(1)(e) of the Act as
actions that an inspector may require in a directive:
(a) in a directive issued to a person described in clause (1)(a), that the person, at
the person’s expense, do any of the following:
(i) uncover the system for inspection,
(ii) remove the system,
(iii) modify the system,
(iv) obtain a system assessment;
(b) in a directive issued to a person described in clause (1)(b), that the person
comply with the Standard at the person’s expense.
Certifications
Eligibility requirements for certificates of qualification
10 (1) To be eligible for a certificate of qualification as a qualified person, a person must
do all of the following:
(a) complete 1000 hours of work experience in the on-site sewage industry,
including the installation of at least 6 systems;
(b) successfully complete the Installers Course of Instruction as established or
adopted by the Minister;
(c) successfully complete the Qualified Persons Course of Instruction as
established or adopted by the Minister.
(2) To be eligible for a certificate of qualification as an installer, a person must do all
of the following:
(a) complete 1000 hours of work experience in the on-site sewage industry,
including the installation of at least 6 systems;
(b) successfully complete the Installers Course of Instruction as established or
adopted by the Minister.
(3) To be eligible for a certificate of qualification as a septic tank cleaner, a person
must successfully complete the Septic Tank Cleaners Course of Instruction as
established or adopted by the Minister.
Applying for certificate of qualification
11 An application for a certificate of qualification must be made on a form approved by the
Minister and must be accompanied by all of the following:
(a) the certification fee;
(b) proof that the applicant has current insurance coverage as follows:
(i) for certification as a qualified person, professional liability insurance,
(ii) for certification as an installer or a septic tank cleaner, general
contractors’ liability insurance;
(c) for certification as a septic tank cleaner, proof that the applicant has access
to an approved septage disposal site.
Compliance with terms and conditions
12 A certified person must comply with the terms and conditions of any certificate of
qualification issued to them.
Certificate of qualification in possession
13 (1) A certified person must carry their current certificate of qualification at all times
while performing the services authorized by the certificate.
(2) When requested by an inspector, a certified person must present their current
certificate of qualification while performing the services authorized by the
certificate.
Certification expiry and renewal
14 (1) A certificate of qualification expires on the last day of the continuing education
program referred to in subsection (2) that was in progress on the date the certificate
was issued.
(2) To be eligible for renewal of their certificate of qualification, a certified person
must have, in the time since their certificate of qualification was initially issued or
most recently renewed,
(a) successfully participated in a continuing education program established or
approved by the Minister for that class of certification; or
(b) successfully completed the course or courses of instruction required by
Section 10 for their class of certification.
(3) An application for renewal of a certificate of qualification must be made on a form
approved by the Minister and must be accompanied by the things required by
Section 11 and proof that the applicant meets the requirements of subsection (2).
(4) On receipt of a completed application for renewal of a certificate of qualification,
the Minister or the authorized representative of a designated organization may
renew the certificate.
Written notice of changes to identifying information
15 A certified person must notify the Minister and the authorized representative of a
designated organization in writing of any change to their address or to any other
identifying information provided with their application for their certificate of
qualification or renewal of their certificate of qualification no later than 14 days after the
date of the change.
Certification reinstatement
16 The Minister may reinstate a certificate of qualification that has been suspended on any
terms and conditions that the Minister considers appropriate.
Permitted Activities
Qualified person
17 (1) A person other than a qualified person must not advertise or claim to be a qualified
person.
(2) A person who is assisting a qualified person is not required to be a qualified
person.
Installers
18 (1) A person other than an installer must not do any of the following:
(a) advertise or claim to be an installer;
(b) install or modify a system;
(c) cause a system to be installed or modified.
(2) A person is not required to be an installer to do any of the following:
(a) assist an installer under the direct supervision of the installer;
(b) install or construct a pit privy.
Septic tank cleaners
19 (1) A person other than a septic tank cleaner must not do any of the following:
(a) advertise or claim to be a septic tank cleaner;
(b) pump, repair or modify a septic tank, holding tank or vault privy or cause a
septic tank, holding tank or vault privy to be pumped, repaired or modified;
(c) pump portable rest rooms or cause portable rest rooms to be pumped;
(d) clean a system using pressurized water or air.
(2) A person who is assisting a septic tank cleaner under the direct supervision of the
septic tank cleaner is not required to be a septic tank cleaner.
Subdivision
Application of these regulations to lots being subdivided
20 These regulations apply to any lot that is shown on a plan or instrument of subdivision
that must be submitted to a development officer for approval by a municipality and is in
an area that is not serviced by an approved central wastewater collection and treatment
system, except for a lot that is
(a) larger than 9000 m2 in area and 76 m or more in lot width; and
(b) identified on an application for subdivision as not intended for development
purposes.
Subdivision review process
21 (1) A subdivider who proposes to put a system on their lot must prepare and submit
documentation that includes all of the following information to the Department and
to a development officer as part of the application process under the Municipal
Government Act:
(a) the name, address, including civic number, and telephone number of the
owner of the lot to be subdivided;
(b) the name, address, including civic number, and telephone number of the
subdivider;
(c) the name and address, including civic number, of each owner of land
abutting the lot to be subdivided;
(d) for a subdivider who is not the owner of the lot, proof from the owner that
the subdivider is appointed as the agent of the owner to make the
application;
(e) a plan or sketch of the lot to be subdivided showing all of the following:
(i) the dimensions and area of the lot,
(ii) the lot layout, including all of the following, whether proposed or
existing:
(A) buildings,
(B) systems,
(C) driveways,
(D) water wells,
(iii) the location on the lot and adjoining lots of all the following:
(A) surface watercourses,
(B) wetlands,
(C) marine water bodies,
(D) any features that may influence the selection or design of the
system, including any ditches, roads or easements,
(iv) the surface slopes and directions,
(v) the location of any test pits;
(f) an explanation of all of the following:
(i) the extent to which the system will be used,
(ii) the expected volume for the system,
(iii) what uses the system will be subjected to.
(2) In addition to the information provided under subsection (1), a subdivider must
provide the Department with an assessment report prepared by a qualified person
or a professional engineer that assesses the lot’s suitability to support a system and
includes all of the following:
(a) an evaluation of the results of a soil assessment;
(b) the proposed system selected or designed for the lot;
(c) any information required by the Department.
(3) The Department may review and audit the information provided under subsections
(1) and (2) and may conduct any inspections considered necessary to verify the
information, including inspecting any test pit on the proposed lot, and may request
additional test pits.
(4) If requested by a development officer, the Department must send a written
response to the development officer, and copy it to the subdivider, respecting the
assessment report on the suitability of the lot being subdivided to support a system
and indicating 1 of the following:
(a) that the information provided by the subdivider is insufficient to allow the
Department to determine whether the lot is suitable for the proposed system
and that the subdivider must provide additional information;
(b) that the lot is suitable for the proposed system and specifying any terms and
conditions that must be met;
(c) that the lot is not suitable for the proposed system and specifying the
reasons for this determination.
(5) A written response made by the Department under subsection (4) is deemed to be
based on the physical conditions of the lot being subdivided and the abutting
properties at the time of the assessment report, and any change in the conditions
since the time of the assessment report may nullify any determination by the
Department that the lot is suitable.
Minimum lot requirements for lots being subdivided
22 (1) Except as provided in subsections (3) and (5), a lot that is being subdivided on
which a subdivider proposes to install or construct a system that has a maximum
daily flow of up to 1500 L per day must meet the minimum lot size requirements
set out in the following table:
Minimum Lot Size Requirements
|
Depth of Permeable Soil (mm)
|
Lot Area (m2)
|
Lot Width (m)
|
0–149
|
9000
|
76
|
150–299
|
6800
|
60
|
300–600
|
4500
|
53
|
601–899
|
3150
|
37
|
900 and deeper
|
2700
|
37
|
(2) Except as provided in subsections (3) and (5), a lot that is being subdivided that is
a waterfront lot with permeable soil deeper than 600 mm and on which a
subdivider proposes to install or construct a system that has a maximum daily flow
of up to 1500 L per day must be at least 3700 m2 in area and have a lot width of at
least 45 m.
(3) To prevent an adverse effect, the Department may require a lot that is being
subdivided on which a subdivider proposes to install or construct a system that has
a maximum daily flow of greater than 1500 L per day to meet lot areas and widths
larger than the minimum size requirements set in this Section.
(4) For a lot that is being subdivided on which a subdivider proposes to install or
construct a system, the following minimum requirements must be met:
(a) the lot must have enough soils of the type, permeability, depth and area to
support the proposed system on the lot;
(b) the system must meet the clearance distances required by the Standard.
(5) The minimum lot size requirements in subsections (1) and (2) do not apply to a lot
that a subdivider plans to create by consolidating 2 or more parcels of land in
accordance with the Municipal Government Act.