Prospective heavy industrial activities shall comply with all municipal, provincial and federal approvals as required. This will include preparation of appropriate environmental impact assessments (EIA) as required in Alberta Environment’s Environmental Protection and Enhancement Act (EPEA) to fully identify all potential impacts relative to the site in question and adjacent area and regions, if need be.  This includes the requirement for Conservation and Reclamation Plans under EPEA for the development and closure of plant sites and associated pipelines.  Reference will also be made to the Canadian Environmental Assessment Act and Canadian Environmental Protection Act where required. This will be for both biophysical and socio-economic impacts. The assessment will also contain mitigative measures to be implemented in a manner that actively incorporates County input in effectively addressing impact mitigation and benefit enhancement. The assessment will be coordinated with other provincial and federal departments and agencies as needed, such as the Alberta Energy and Utilities Board (EUB). Sturgeon County shall work closely with proponents of heavy industrial activities to ensure effective impact management and benefit enhancement.

Sturgeon County is concerned about air quality, noise, flaring, light pollution, odour and surface drainage which are regulated by Alberta Environment and the EUB. Prospective heavy industrial activities shall comply with all Alberta Environment and EUB regulations, approval conditions, codes of practice and standards and guidelines such as those pertaining to surface water quality and deep well disposal of wastewater, discharge to the North Saskatchewan River, and maintenance of airshed.

Industrial services accessory to / or integral to the heavy industrial activities such as air separation units and cogeneration power units will comply with Alberta Environment in a manner similar to heavy industry, also with the Energy and Utilities Board (EUB) for noise related matters, power transmission and pipelines. This shall include establishment and maintenance of necessary rights of way and setbacks for all lines in accordance with set standards. Consideration will be actively given in consultation with proponents of pipelines, the EUB, Alberta Environment and other government agencies to the development and maintenance of corridors to accommodate pipelines.

In accordance with the provisions of the LUB, Sturgeon County shall require safety, risk and environmental nuisance and health impact assessments as part of the development application process for heavy industrial uses, if not already completed to the County’s satisfaction as part of a provincial or federal approval.

The County shall ensure that heavy industry meets the following Major Industrial Accident Council of Canada (MIACC) criteria for acceptable levels of industrial risk based on a Risk Assessment that complies with the provisions of the LUB. 

a) A risk of 1 in 10,000 (1 x 10^-4) chance of a fatality must be contained within the company property line.

b) A cumulative risk of 1 in 10,000 (1 x 10^-4) chance of a fatality must be contained within the Heavy Industrial Policy Area.

c) A cumulative risk of 1 in 100,000 (1 x 10^-5) chance of a fatality must be contained within the Heartland Agricultural Policy Area, which extends 1.6 km (1 mile) from the boundary of the Heavy Industrial Policy Area.

d) A cumulative risk of 1 in 1,000,000 (1 x 10^-6) chance of a fatality must be contained within an area not exceeding 3.2 km (2 miles) from the boundary of the Heavy Industrial Policy Area.

Cumulative risk is defined as the aggregate of all risks in that area.  Figure 4 illustrates the boundaries of the above risk zones. Background information on risk assessment is in Appendix A.  

A minimum 457 m (1,500 ft) separation distance will be maintained between the wall or edge of the nearest specified industrial facility on a heavy industrial site to the outside wall or edge of a residential dwelling as illustrated in Figures 5 and 6.  This distance is subject to further increase based upon Policy 5.4.4 Requirements for a Risk Assessment and must comply with Policy 5.4.5 Minimum Industrial Risk Standards. 

Notwithstanding Section 5.4.6, the separation distance may be varied as deemed appropriate based on a risk assessment and environmental assessment, and level of safeguard provided in site and building design to ensure acceptable levels of risk based on MIACC guidelines are not exceeded.

Sturgeon County shall require proponents to prepare a landscape management plan, to the satisfaction of the County, with details of proposed land uses and landscape treatments for the buffer between the outer boundary of the Heavy Industrial Policy Area and the wall of the processing facility. The buffer will be able to accommodate a variety of low risk activities as agreed to by the proponent and County, such as grazing, cropping, wildlife habitat and uses accessory to the heavy industrial operation.

Sturgeon County will encourage industry to use existing access routes to the North Saskatchewan River via existing agricultural accesses to the river to avoid the environmental impact of creating new access points.

Heavy industrial activities in this policy area are encouraged to develop poor land for industrial uses whenever possible, and to retain good agricultural land as a buffer for lease to agricultural purposes. Development approvals will require prospective heavy industry to address the conservation of Canadian Land Inventory Classes 1 and 2 (CLI 1 and 2) agricultural capability soils. Conservation and reclamation plans will be as required by provincial regulatory agencies. Stockpiling and reuse of good capability soils will be required through the municipal development process.

Sturgeon County will allow extensive agricultural pursuits such as grazing and cropping to be allowed in this Policy area.  Additions and modifications to support structures will be allowed that are necessary for the continued viability of the operation.  Consistent with Policy 5.4.13, no new residences shall be permitted.

Sturgeon County will consider intensive agricultural uses such as sod farms, green houses, market gardens and Confined Feeding Operations to continue. Future expansions of intensive agricultural uses need to comply with all pertinent agricultural management guidelines and codes of practice. Additions and modifications of support structures will be allowed if necessary to the continued viability of the operation. Consistent with Policy 5.4.13, no new residences shall be permitted.  Subject to required approvals from the National Resources Conservation Board (NRCB) Confined Feeding Operations (CFOs) existing at the time of the adoption of this Bylaw will be a permitted use in the LUB. No new residential development would be permitted with agricultural operations.  Surveillance suites are a discretionary use in the Heavy Industrial District.

On lands encompassed by the ASP boundary, no new residences shall be permitted on previously undeveloped land.  Where a dwelling unit existed prior to the date of passing this Bylaw, the dwelling may be upgraded, expanded or rebuilt if destroyed. 

Sturgeon County shall allow interim agricultural uses and limited outdoor storage uses to be located on undeveloped lands designated for heavy industrial uses, providing it does not preclude or infringe upon long term heavy industrial development. Premature subdivision, land fragmentation, or incompatible uses, which preclude the potential for heavy industrial uses, shall not be allowed.

Sturgeon County shall, within 2 years of adopting this bylaw, adopt a set of regulations acceptable to the Council of Sturgeon County to govern Heavy Industrial B Land Uses. These regulations shall be similar to the regulations of the Natural Resources Conservation Board, the Energy Resources Conservation Board, the Alberta Energy and Utilities Board, and any other provincial or federal agencies pertaining to the Heavy Industrial A Land Uses.

Sturgeon County will require a 50 m (164 ft) lot or development setback from the top of the bank of the North Saskatchewan and Sturgeon River Valleys to provide for an environmental buffer and recreation corridor. Upon subdivision, this should consist of 30 m (98 ft) Environmental Reserve (ER) dedication as required by the MDP, with the balance of 20 m (66 ft) taken as Environmental Reserve (ER), Municipal Reserve (MR) and / or conservation easement. The 30 m (98 ft) generally commences from the 1:100
year flood line unless a discernable top of bank exists beyond this. The embankment is often a geotechnical constraint and therefore the 50 m (164 ft) setback should generally commence beyond this. Notwithstanding the foregoing, an alternative lot or development setback of 50 m (164 ft) from the established 1:100 year event flood line from the North Saskatchewan River may be considered if it is supported by a geotechnical report signed by a certified member of APEGGA (P. Eng. Designation) and to the satisfaction of Sturgeon County. Any portions of the lands outside of this setback districted as Agricultural-Nature Conservation Heartland District (ANC-H) may be redistricted to Heavy Industrial
or Specific Development Control to reflect this setback (i.e. site specific zoning).

To enable the determination of top of bank setbacks or 1:100 year floodplain setbacks (if the notwithstanding clause is invoked) in Policy 5.3.4, each industry proponent shall undertake a top of bank survey (or a 1:100 year flood line survey from the North Saskatchewan River, in the alternate case) for the North Saskatchewan River and Sturgeon River as a condition of the development permit.