Subdivision And Development Vicinity Of Wastewaters Treatment Plants

September 1996 updated May 2009

Synopsis of Section 12
Section 12 prohibits subdivision or development of a school, hospital, food establishment, or residence unless the parcel contains a buildable site more than 300 metres from the "working area" of a wastewater treatment plant. The "working area" of a wastewater treatment plant is defined as the portion of a parcel which is used or intended to be used for processing wastewater.

The converse also applies. A parcel cannot be created for a wastewater treatment plant nor can a plant be developed unless the "working area" is more than 300 metres from any existing or proposed school, hospital, food establishment or residence.

These requirements may be varied by a subdivision or development authority with the written approval of Alberta Environment.

Issue
Based on recent requests to Alberta Environment, there is a need to further clarify what is meant by "working area" and to whom requests to vary may be sent.

What is a Wastewater Treatment Plant?
A detailed definition of a wastewater treatment plant is contained in the Wastewater and Storm Drainage Regulation of the Environmental Protection and Enhancement Act. By way of summary, a wastewater treatment plant comprises any structure or thing used to treat wastewater and includes wastewater storage facilities, stabilization ponds, and sludge treatment, storage and disposal facilities. Furthermore, the facility must discharge wastewater off the site of the development and be designed to generate more than 50 cubic metres of wastewater per day.

If the wastewater treatment facility in question fails to meet these criteria, the setbacks of the Subdivision and Development Regulation do not apply.

What Is Meant By the "Working Area" of a Wastewater Treatment Plant?
The "working area" includes that portion of a parcel that is currently being used or will be used by an operating wastewater treatment plant. Specifically, the "working area" of a particular plant is composed of one or more of the following:

  • the high water level surface of the cells forming a wastewater stabilization pond (lagoon system);
  • the outside edge of a mechanical wastewater treatment building;
  • the high water level surface of the cells forming an aerated lagoon system associated with a mechanical wastewater treatment plant;
  • the operating water level surface of process units or open storage components associated with a mechanical wastewater treatment plant;
  • the "area" where a wastewater stabilization pond is planned;
  • the "area" where a mechanical treatment plant building is planned;
  • the "area" where an aerated lagoon system associated with a mechanical wastewater treatment plant is planned; and
  • the "area" where process units or open storage components associated with a mechanical wastewater treatment plan are planned.

The "working area" does not include any vacant land within a parcel unless it will be used for an "area" as outlined above, nor does it include that portion of a parcel that is currently being used or will be used by:

  • Access roads.
  • Ancillary buildings, such as equipment storage.
  • Easements for pipelines into or out of the facility.
  • Parking lots.

The application of any of these terms to a specific wastewater treatment plant should be reviewed with the plant operator.

Action to be Undertaken by a Subdivision or Development Authority
Upon receiving an application, the subdivision or development authority must determine whether there will be less than 300 metres between the working area of a proposed or existing wastewater treatment plant and any proposed or existing building used as a school, hospital, food establishment, or residence.

Air photos may be scaled to roughly establish the separation distance. If more precise measurements are required, drawings showing as built and future development areas may be available from the plant operator. If the precise location of a proposed school, hospital, food establishment, or residence is not known, the subdivision authority must determine whether at least part of the proposed parcel containing a suitable building site is at least 300 metres or more from the "working area" of the plant.

Submission of a Request for an Approval to Vary to Alberta Environmental Protection
If the setback distance cannot be met, a request for approval to vary can be submitted to Alberta Environment by the subdivision or development authority. The authority should be supportive of the proposal; that is, willing to grant approval to an application if the Department waives the standard setback requirement. The request for variance of the 300-metre setback standard should clearly document the situation using both text and a map(s). Requests should be sent to the regional engineer, Air and Water Approvals Division, Alberta Environment. Private callers within Alberta can phone the Regional Information Telephone Inquiry Rite Number, 310-0000, to connect toll free to the following numbers:

Regional Engineers, Air and Water Approvals Division
Central Region (Red Deer, 340-5310)
Northeast Region (Edmonton, 427-5883)
Northwest Region (Grande Prairie, 538-5351)
South Region (Lethbridge, 381-5511)
Southwest Region (Calgary, 297-7884)
West Central Region (Edmonton, 427-5883)

This information bulletin has been prepared jointly by Municipal Affairs and Alberta Environment. Questions on the bulletin may be directed to Municipal Affairs at 427-2225 or to Alberta Environment at 427-5877.