56 (1) Subject to subsection (9), a person engaged in an activity or proposing to engage in an activity and a risk management official may agree to a risk management plan for the activity at a particular location if,  (a)  the activity is prescribed by the regulations for the purpose of this section; and (b)  the Director has approved an assessment report and, (i)  the activity is or will be engaged in in an area identified in the assessment report as an area where the activity is or would be a significant drinking water threat, and (ii)  the area identified in the assessment report as an area where the activity is or would be a significant drinking water threat is within a surface water intake protection zone or wellhead protection area.  2006, c. 22, s. 56 (1). Notice of plan (2) If a risk management official and a person agree to a risk management plan under subsection (1), the risk management official shall provide written notice to the person and shall attach a copy of the plan to the notice.  2006, c. 22, s. 56 (2). Deadline for agreement (3) In the circumstances prescribed by the regulations, the risk management official may give a person a notice indicating that, if no risk management plan is agreed to under subsection (1) by a date specified in the notice, the risk management official intends to establish a risk management plan for the activity at the location.  2006, c. 22, s. 56 (3). Specified date (4) A date specified in a notice under subsection (3) shall be at least 60 days after the notice is given.  2006, c. 22, s. 56 (4). Waiving notice period (5) A person to whom a notice has been given under subsection (3) may consent in writing to the establishment of the risk management plan before the date specified in the notice.  2006, c. 22, s. 56 (5). Order establishing risk management plan (6) Subject to subsections (5) and (9), if a notice is given under subsection (3) and no risk management plan is agreed to under subsection (1) by the date specified in the notice, the risk management official shall, by order, establish a risk management plan for the activity at the location.  2006, c. 22, s. 56 (6). Amendment of risk management plan (7) Subject to subsections (8) and (10), subsections (1) to (6) apply, with necessary modifications, to the amendment of a risk management plan.  2006, c. 22, s. 56 (7). Amendment; deadline (8) For the purpose of subsection (7), the 60-day period referred to in subsection (4) may be shortened by the risk management official if, (a)  the risk management official is of the opinion that the amendment of the risk management plan is required to prevent a drinking water health hazard; and (b)  the notice given under subsection (3) sets out the reasons for the opinion referred to in clause (a).  2006, c. 22, s. 56 (8). Criteria for agreeing to or establishing a risk management plan (9) A risk management official shall agree to or establish a risk management plan for an activity at a location under this section if, and only if, (a)  the risk management official, (i)  is satisfied that the risk management plan complies with the requirements, if any, of the regulations and rules, and (ii)  is satisfied that, if the activity is engaged in at that location in accordance with the plan, the plan will reduce by a reasonable amount the potential for the activity to adversely affect the raw water supplies of the drinking water systems that obtain water from the area identified in the assessment report as an area where the activity is or would be a significant drinking water threat; or (b)  in circumstances prescribed under clause 55 (1) (h), a person with qualifications prescribed by the regulations has stated, in a form obtained from or approved by the Director, that the person, (i)  is satisfied that the risk management plan complies with the requirements, if any, of the regulations and rules, and (ii)  is satisfied that, if the activity is engaged in at that location in accordance with the plan, the plan will reduce by a reasonable amount the potential for the activity to adversely affect the raw water supplies of the drinking water systems that obtain water from the area identified in the assessment report as an area where the activity is or would be a significant drinking water threat.  2006, c. 22, s. 56 (9). Criteria for amendment (10) Subsection (9) applies, with necessary modifications, to the amendment of a risk management plan and, for that purpose, a reference in subsection (9) to a risk management plan shall be deemed to be a reference to the amended plan.  2006, c. 22, s. 56 (10). Compliance with risk management plan (11) If a risk management plan is agreed to or established under this section for an activity at a location, a person shall not engage in that activity at that location except in accordance with the plan.  2006, c. 22, s. 56 (11). Source protection plan in effect (12) No risk management plan may be agreed to, established or amended under this section if a source protection plan in respect of the source protection area where the activity is engaged in is in effect.  2006, c. 22, s. 56 (12). Risk management plan ceases to apply (13) A risk management plan agreed to or established under this section ceases to apply to an activity at a location if, (a)  a source protection plan has taken effect and subsection 57 (1) applies to that activity at that location; or (b)  a source protection plan has taken effect and, (i)  the activity is not an activity designated in the source protection plan as an activity to which section 58 should apply, or (ii)  the location of the activity is not within an area designated in the source protection plan as an area within which section 58 should apply.  2006, c. 22, s. 56 (13). Section Amendments with date in force (d/m/y) CTS 30 JA 08 - 1