Rockwood Sensitive Area Regulation

Rockwood Sensitive Area Regulation, M.R. 121/94 The Environment Act , C.C.S.M. c. E125 Regulation 121/94 Registered June 17, 1994 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Designation of Rockwood Sensitive Area 3 Permit required for wells 4 Application in writing 5 Powers of director 6 Terms and conditions 7 Expiry and termination of permits 8 Disrepair or abandonment 9 Application in writing 10 Powers of director 11 Expiry and termination of permits Definitions 1 In this regulation, "abandon" means to permanently discontinue the use of a well; (« abandonner ») "drilling" includes boring, digging, driving and jetting in the development of a new well or the modification of an existing well; (« forage ») "modify" means alter the construction of an existing well, including deepening the well, altering the casing in the well and partially or completely sealing the well, but not including abandonment of the well; (« modifier ») "permit" means a permit issued under this regulation; (« licence ») "Rockwood Sensitive Area" means the area designated under section 2; (« zone sensible Rockwood ») "well" means an opening made by drilling into the ground to obtain ground water or scientific information on ground water, whether water is obtained or not, or to obtain information on the subsurface geology of the bedrock or the distribution of materials in the bedrock. (« puits ») Designation of Rockwood Sensitive Area 2 The area consisting of the following lands is designated as the Rockwood Sensitive Area: (a) Township 13, Range 3, East of the Principal Meridian; (b) Sections 19 to 21 and 28 to 33 of Township 12, Range 3, East of the Principal Meridian; (c) Sections 23 to 27 and 34 to 36 of Township 12, Range 2, East of the Principal Meridian; and (d) Sections 1 to 3, 10 to 15, 22 to 26 and 35 to 36 of Township 13, Range 2, East of the Principal Meridian. Permit required for wells 3 No person shall drill or modify a well or permit the drilling or modification of a well within the Rockwood Sensitive Area, except under the authority of a permit issued by the director. Application in writing 4 An application for a permit to drill or modify a well within the Rockwood Sensitive Area shall be made in writing to the director, on a form acceptable to the director and containing the following information: (a) the exact location, maximum planned depth, diameter, length and type of casing of the well; (b) the location and depth of other wells on the same property, or on adjacent property owned by the applicant; (c) a statement of the purpose of the well or modification, including any planned use of water from the well; (d) the planned maximum pumping rate from the well, if applicable; (e) where the application relates to the modification of a well, details of (i) the current construction of the well, including its depth and diameter and the length and type of casing, and (ii) the proposed modification; and (f) such additional information as the director may require. Powers of director 5 On receipt of an application for a permit under section 4, and after making relevant inquiries, the director may (a) issue the permit; (b) issue the permit subject to specified terms and conditions; or (c) refuse to issue the permit. Terms and conditions 6 Any terms and conditions to which a permit is made subject under clause 5(b) may relate to any matter that has a potential to affect the environment, including (a) the method of construction of the proposed well or modification; (b) the maximum depth of the proposed or modified well; and (c) restrictions on the use of water obtained from the proposed or modified well; or any one or more of the foregoing, and may require the applicant to submit a well driller's report or a well completion report to the director, on a form provided by the director, within a specified number of days after completion of the drilling or modification of the well. Expiry and termination of permits 7(1) A permit issued under section 5 expires upon the earliest occurrence of any of the following events, unless the permit states otherwise: (a) the completion of the work authorized by the permit; (b) the passage of 6 months from the date of issuance of the permit. 7(2) A permit issued under section 5 is deemed to be terminated (a) upon the breach of any term or condition of the permit; or (b) where the director receives information showing that the drilling or modification has the potential of harming the environment, upon the director providing a notice to the applicant containing details of that information and stating that the permit is deemed to be terminated. Disrepair or abandonment 8(1) No person shall cause or allow a well within the Rockwood Sensitive Area to be in a state of disrepair. 8(2) No person shall abandon a well within the Rockwood Sensitive Area, except under the authority of a permit issued under section 10. Application in writing 9 An application for a permit to abandon a well within the Rockwood Sensitive Area shall be made in writing to the director on a form provided by the director and containing the information required in the form. Powers of director 10 On receipt of an application for a permit under section 9 and after making relevant inquiries, the director may issue the permit and may make the permit subject to terms and conditions. Expiry and termination of permits 11(1) A permit issued under section 10 expires upon the earliest occurrence of any of the following events, unless the permit states otherwise: (a) the completion of the work in accordance with the terms and conditions of the permit; (b) the passage of 6 months from the date of issuance of the permit. 11(2) A permit issued under section 10 is deemed to be terminated (a) upon the breach of any term or condition of the permit; or (b) where the director receives information showing that the abandonment of the well in accordance with the terms and conditions specified in the permit has the potential of harming the environment, upon the director providing a notice to the applicant containing details of that information and stating that the permit is deemed to be terminated. 11(3) Where a permit is deemed to be terminated under clause (2)⁠(b), the director shall issue a replacement permit to the applicant, containing revised terms and conditions for the abandonment of the well.