Policy Edit

Policy Id:

SPR/SPA:

Risk:

Implementing Body

Legal Effect

Policy Tool

Threat Type

Status

Comment

Policy Text:

Commercial, Agricultural and Industrial land uses identified within the Official Plan and/or Zoning By-Laws where the policies of the Source Protection Plan indicate the handling and storage of fuel in quantities described above are subject to Section 57 or Section 58 of the Clean Water Act, are hereby designated as Restricted Land Uses, with the exception of residential uses. Within these designated land uses and areas, a written notice from the Risk Management Official in accordance with Section 59(2) of the Clean Water Act shall be required prior to approval of any Building Permit or Planning Act application.

Despite the above policy, a Risk Management Official may issue written direction specifying the circumstances under which a Planning Act Approval 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 Act Approval Authority or building official, as the case may be, is satisfied that:

The application complies with the circumstances specified in the written direction from 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

The date of compliance is when Source Protection Plan takes effect.

Monitoring Text:

All123-handlestorefuel-2 ( Monitoring Policy): The Municipalities will each prepare and submit a report to the Source Protection Authority which summarizes the actions taken to comply with this policy. The above applies to the existing and future significant threats related to the Section 59 restricted land use policies in the following areas:
All EBAs within IPZs in the Essex Region Source Protection Area.

The date of compliance is by February 1 of each year.