Policy Text:
In accordance with Section 59 of the Clean Water Act, 2006 all land uses identified within the County Official Plan and/or Area Municipal Zoning By-Laws, with the exception of residential uses, that are located within an area where sections 57 and/or 58 of the Clean Water Act, 2006 applies (Well Head Protection Areas (WHPA) A, B or C), are hereby designated for the purposes of section 59 (Restricted Land Uses). Within these designated land use categories and areas, a notice from the Risk Management Official in accordance with section 59(2) of the Clean Water Act, 2006 shall be required prior to approval of any Planning Act or Building Permit application.
Despite the above policy, a Risk Management Official may issue written direction specifying the situations under which a planning authority or building official may be permitted to make the determination that a site specific land use is not designated for the purposes of section 59. Where such direction has been issued, a site specific land use that is the subject of an application for approval under the Planning Act or for a permit under the Building Code Act is not designated for the purposes of Section 59, provided that the planning authority or building official, as applicable, is satisfied that:
- the application complies with the written direction issued by the Risk Management Official; and
- the applicant has demonstrated that a significant drinking water threat activity designated for the purposes of section 57 or 58 will not be engaged in, or will not be affected by the application.