Q-2, r. 35.2 - Water Withdrawal and Protection Regulation

Section 17 Disposition versions

2020-12-31

17. The construction of a groundwater withdrawal facility must, in addition, meet the following conditions:

(1)  the facility must be located at a distance of 15 m or more from a watertight waste water treatment system;

(2)  the facility must be located 30 m or more from a non-watertight waste water treatment system or, if the well is sealed in accordance with section 19, 15 m or more from such a system;

(3)  the facility must be located 30 m or more from a composting area, a yard, a raising facility, a construction used to store animal waste, land, pasture land or land used as a cemetery;

(4)  the casing used for a drilled or excavated well must rise at least 30 cm above the ground level existing after earth-moving operations are completed;

(5)  the casing joints must be watertight.

The distances provided for in subparagraphs 1, 2 and 3 of the first paragraph do not apply to the following constructions if the person responsible for the facility obtains a hydrogeological notice signed by a professional justifying:

(1)  the construction of a facility subsequent to the cessation of the supplying of water from a water withdrawal facility located on a neighbouring immovable having a different owner than the owner of the immovable on which the facility is to be constructed;

(2)  the replacement of a facility for the same use.

Such a hydrogeological notice must contain

(1)  a demonstration that it is impossible to comply with the distances provided for in subparagraphs 1, 2 and 3 of the first paragraph because of the dimensions of the land or obstacles present on the land, such as the presence of a residence authorized by a municipality;

(2)  a justification of the choice of the location and the measures adopted for the design of the facility based on the local context, which may take into account in particular the nature of the geological materials and the presence of activities likely to alter the groundwater or the direction of water flow; and

(3)  a diagram of the layout of the proposed water withdrawal facility.

The hydrogeological notice must demonstrate that the location selected and the layout of the facility minimize risks that could affect the quality of the groundwater withdrawn.

The hydrogeological notice must be sent by the professional to the person responsible for the facility and to the municipality concerned within 30 days following completion of the work. The information it contains is public. It must be kept by the person responsible for the facility for the duration of water withdrawal operations.

A professional must supervise the construction of the facility for which a hydrogeological notice has been produced.

O.C. 696-2014, s. 17; O.C. 871-2020, s. 8.

2015-03-02

17. The construction of a groundwater withdrawal facility must, in addition, meet the following conditions:

(1)  the facility must be located at a distance of 15 m or more from a watertight waste water treatment system;

(2)  the facility must be located 30 m or more from a non-watertight waste water treatment system or, if the well is sealed in accordance with section 19, 15 m or more from such a system;

(3)  the facility must be located 30 m or more from a composting area, a yard, a raising facility, a construction used to store animal waste, land, pasture land or land used as a cemetery;

(4)  the casing used for a drilled, excavated or driven well must rise at least 30 cm above the ground level existing before the work begins;

(5)  the casing joints must be watertight.

The distances provided for in subparagraphs 1, 2 and 3 of the first paragraph do not apply to the construction of a groundwater withdrawal facility made necessary by the termination of a water supply from a neighbouring facility. The distances then applicable are determined by a professional who must ensure that any risks that may affect the quality of the groundwater withdrawn are minimized, in particular by preparing the plans and specifications for the facility and supervising the construction work on the facility.

O.C. 696-2014, s. 17.