HomeMy WebLinkAbout2308A By-law to regulate the operation of pits and quarries within the Township of Darlington.
The Municipal Council of the Corporation of the Township of
Darlington ENACTS as follows:
1, The owner and the operator of a pit or quarry in the
Township of Darlington shall comply with all of the regulations
set forth in this By-law and no pit or quarry shall be
operated except in eomplieance with such regulations.
2, No portion of a pit or quarry shall be nearer to a
boundary line of the premises upon which it is located than
100 feet unless a boundary or part thereof abuts another pit
or quarry a railways or Lake Ontario in which event mining
operations may be carried out to such boundary or part thereof.
3, Before mining operations are commenced or extended in a
pit or quarry the topsoil shall be removed and stockpiled for
future use in rehabilitation of the premises.
~+, Every pit or quarry shall be operated in such a manner that
no nuisance will be created from dusty smokes noises blasting
or other like cause.
5. All internal roads used in connection with a pit or quarry
operation shall be maintained in a condition that will prevent
the raising of dust at all times of the year.
6. The owner and the operator of a pit or quarry shall be
responsible for the installation of storm drainage facilities
to properly drain the premises upon which the pit or quarry
is located and shall not interfere in any manner with the
flow of storm water ran-off originating upstream which might
create drainage problems within the watershed in which the pit
or quarry is located or within any other watershed.
~; The Township shall have the right to enter upon lands used
for the purposes of a pit or quarry at any time for the purpose
of improving the alignments shape or slope of any watercourse
crossing such premises provided that such work does not
unreasonably interfere with the operations of the pit or quarry
and provided that such work is at the expense of the Township.
The owner and the operator of a pit or quarry shall obtain the
approval of the Township before altering the shape or slope of
any watercourse crossing lands used for the purposes of a pit
or quarryy provided that such approval shall not be unreasonably
withheld by the Township.
$. All water used in a pit or quarry operation shall be con-
ducted through adequate settling basins or other treatment
facilities, so that such water shall be clear and free from
sediment and pollutants insofar as may be required by the
standards of the Ontario Water Resources Commissions at the
point where it leaves the premises and such water shall be
conducted to a proper outlet satisfactory to the Township
Engineer.
q, All sewage originating from the operation of a pit or
quarry shall be treated in accordance with the standards of the
Ontario Water Resources Commission before being released to
any watercourse or lake.
10. Every pit or quarry shall be completely enclosed by a
fence. The fence shall be at least equal to an eight wire
farm fence with two strands of barbed wire and notices at least
eighteen inches square and bearing the words "Danger - K®eD Out"
. ..
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shall be maintained on such fence at intervals not more than
200 feet. The said fence shall be maintained in good
condition and repair by the owner and the operator of the pit
or quarry. Agate shall be provided at each point of entrance
to a pit or quarry and shall be kept closed and locked when the
pit or quarry is unattended. It shall not be necessary to
separately enclose portions of a pit or quarry if all or
substantially all of the premises used by such pit or quarry
are enclosed in the manner described above.
11. The owner of a pit or quarry that is located within 300
feet of a public highway or road allowance and that has not
been in operation for a period of twelve consecutive months
shall level and grade the floor and sides thereof and the area
within 300 feet of the edge or rim so that it will not be
dangerous or unsightly to the public.
12. No pit or quarry shall carry on the business of quarrying
or blasting except between the hours of 7:00 o'clock a.m, and
6:00 o'clock p.m. local times from time to time in force in
the Township of Darlington from Monday to Saturday both
inclusive except in cases where repairs to equipment are
required and except in cases of emergency.
13. A pit or quarry shall be operated only so long as the
owner and operator comply with the regulations set out herein.
14, If the owner or operator of a pit or quarry fails to
comply with any of the provisions of this By-law and fails to
correct any breach of the By-law within thirty days after
notice of such breach has been sent to him by the Townships then
the Township shall have the right to enter the premises upon
which the pit or quarry is being operated and to do the
necessary work to remedy such breach. Such work shall be done
at the expense of the owner and operator of the pit or quarry
and if the cost of such work is not paid upon demand then it
shall be a charge upon the said premises and shall be
recoverable in the same manner as municipal taxes.
15, Any notice required by paragraph 14 hereof shall be
sufficiently given if mailed by prepaid ordinary mail to the
owner and operator of the premises to the address or addresses
shown on the last revised assessment roll.
16. In addition to complying with the provisions of this By-law
the owner and operator of a pit or quarry shall comply with
all pertinent provisions of The Mining Act.
1~, Any person convicted of a breach of any of the provisions
of this By-law shall forfeit and pay at the discretion of the
convicting magistrate a penalty not exceeding the sum of X300.00
for each offence exclusive of costs and shall be recoverable
under the provisions of The Summary Convictions Aet.
THIS BY-LAW BEAD A FIRST E OND AND THIRD TIME AND FINALZ,Y
PA55ED ON THE Z~GG~~'' DAY OF ~ t,~~.~t./ ~ A.D.~ 1965•
Reeve
Clerk