Policy Text:
Restricted Land Use policies require municipalities to screen Planning Act applications and Ontario Building Code applications to determine if the proposed activities are subject to Section 57 (Prohibition ) or Section 58 (Risk Management Plans ) policies. This review process will help municipalities avoid inadvertently approving an application without first complying with Source Protection Plan policies. Restricted Land Use policies (through Section 59 of the Clean Water Act ) reference the land use types and vulnerable areas where applications need to be screened. If an application is submitted for an activity that is prohibited by this Plan, then the application cannot proceed. If an application is submitted for an activity that is subject to a Risk Management Plan, then the proponent must work with the Risk Management Official to establish a Risk Management Plan before the application can proceed.
All land uses, (except residential) identified within the City of Timmins Official Plan and/or Zoning By-Laws are designated for the purpose of Section 59 (Restricted Land Use) of the Clean Water Act in the vulnerable areas (Intake Protection Zone 1 and Intake Protection Zone 2) where the following activities are or would be a significant threat:
• the establishment, operation and maintenance of a waste disposal site within the meaning of Part V of the Environment Protection Act;
• the application of agricultural source material to land;
• the handling and storage of agricultural source material;
• the application of commercial fertilizer to land;
• the handling and storage of commercial fertilizer;
• the application of pesticide to land;
• the handling and storage of pesticides;
• the application of road salt;
• the handling of storage of road salt;
• the storage of snow;
• the handling and storage of fuel;
• the handling and storage of dense non-aqueous phase liquids;
• the handling and storage organic solvents;
• the management of runoff containing chemicals used in the de-icing of aircraft;
• the use of land as livestock grazing or pasturing land, outdoor confinement area or a farm-animal yard.
Despite the above policy, a Risk Management Official may issue written directions 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 purpose 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 Ontario Building Code is not designated for the purposes of Section 59, provided that the planning authority or building official, as applicable, is satisfied that two conditions are met:
1. The application complies with the written directions issued by the Risk Management Official; and
2. The applicant has demonstrated that a significant drinking water threat activity designated for the purposes of Section 57 (Prohibition) or Section 58 (Risk Management Plans) of the Clean Water Act will not be engaged in, or will not be affected by the application.
The City of Timmins/Risk Management Official is responsible for implementing this policy once the updated Source Protection Plan takes effect.