Restricted Land Use – Non-residential

The policy applies to the following activities in all vulnerable areas where the activity is or would be a significant drinking water threat (existing activity or future activity):

1. The Establishment, Operation or Maintenance of a Waste Disposal Site Within the Meaning of Part V of the Environmental Protection Act
2. The application of agricultural source material to land;
3. The storage of agricultural source material;
4. The application of non-agricultural source material to land;
5. The handling and storage of non-agricultural source material;
6. The application of commercial fertilizer to land;
7. The handling and storage of commercial fertilizer;
8. The application of pesticide to land;
9. The handling and storage of pesticide;
10. The application of road salt;
11. The handling and storage of road salt;
12. The storage of snow;
13. The handling and storage of fuel;
14. The handling and storage of a dense non-aqueous phase liquid (DNAPL);
15. The handling and storage of an organic solvent;
16. The management of runoff that contains chemicals used in the de-icing of aircraft;
17. An activity that takes water from an aquifer or surface water body without returning the water taken to the same aquifer or surface water body;
18. An activity that reduces the recharge of an aquifer;
19. The use of land as livestock grazing or pasturing land, an outdoor confinement area or a farm-animal yard.

All non-residential land uses are designated as restricted land uses for the purpose of s. 59 of the Clean Water Act.

For clarity, the activities identified above are those which are the subject of other source protection plan policies that utilize prohibition under s. 57 of the Clean Water Act or utilize Risk Management Plans under s. 58 of the Clean Water Act.

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 or 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:
a. The application complies with the written direction issued by the Risk Management Official; and
b. 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.

The policy takes effect on the effective date of the Source Protection Plan.

N/A.