Environmental Protection Amendment Act (Industrial Facilities), 2003 Levac, Dave — Bill 85 (37th Parliament, 4th Session)

Bill 85, 37-4

Ontario — Bills

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Bill 85, Environmental Protection Amendment Act (Industrial Facilities), 2003

Levac, Dave

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[37] Bill 85 Original (PDF)

Bill 85 2003

An Act to amend the

Environmental Protection Act

to regulate industrial facilities

that use, store or treat

hazardous materials

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1. The Environmental Protection Act is amended

by adding the following Part:

PART VIII

INDUSTRIAL FACILITIES

Definitions

74. In this Part,

"hazardous materials" include any biological or chemical agent that is or

may be harmful to the environment whether the agent is in solid, liquid or

sludge form; ("matériaux dangereux")

"industrial facility" means any plant where any manufacturing process or

assembling in connection with the manufacturing of any goods or products is

carried on or where any work is performed by way of trade or for the purposes

of gain in or incidental to the altering, demolishing, repairing,

maintaining, ornamenting, finishing, storing, cleaning, washing or adapting

for sale of any goods, substance,

article or thing and includes the developed

property, waste disposal sites and wastewater treatment facilities associated

with the plant. ("installation industrielle")

Application of

Part

(1) This Part applies to

industrial facilities that, as part of their regular operations, frequently

use, store or treat significant amounts of hazardous materials.

Conflicts

(2) In the event of a conflict between the provisions of this

Part and any other provisions of this Act or of any other Act, the provision

in this Part prevails unless the other provision provides that it prevails

over this Part.

Environmental report

(1) No person shall establish

or operate an industrial facility until the person prepares an environmental

report on the industrial facility and its operation.

Contents of the report

(2) The environmental report shall include,

(

a) the results of tests of both land and water samples;

(

b) a plan on how to clean up any environmental contamination that occurs

as the result of the industrial facility's operations or as the result of an

accident, including a plan on how to finance such a cleanup; and

(

c) a plan on how to clean up the industrial facility once the facility

ceases to operate.

Responsibility for the report

(3) The owner of the industrial facility or the proposed

industrial facility shall ensure that the environmental report is prepared

and submitted in accordance with this Part and is responsible for the costs

of preparation of the report.

Submit the report

(4) The environmental report shall be submitted to the Minister

and to the Minister of Health and Long-Term Care.

Report included in public registry

(5) The Minister shall keep a registry, to which the public has

access, of all reports submitted under this Part.

Report to be prepared every five years

(6) The owner of an operating industrial facility shall submit

an environmental report on the facility every five years.

Report on closing facility

(7) In addition to the requirement under subsection (6), the

owner of an industrial facility that is to be closed or is to cease operating

for any reason shall submit a final environmental report before the facility

closes or ceases to operate.

Liability

(8) If any environmental damage occurs to the land on which an

industrial facility is operated, the owner of the facility is liable for the

damages.

Transition

(9) The owner of an industrial facility that is in operation on

the day before this

Part comes into force shall comply with the requirements

of this Part within two years after it comes into force.

Commencement

2. This Act comes into force on the day it receives

Royal Assent.

Short title

3. The

short title of this Act is the Environmental

Protection Amendment Act (Industrial Facilities), 2003 .

EXPLANATORY NOTE

The Bill amends the

Environmental Protection Act by requiring that industrial facilities

which regularly use, store or treat significant amounts of hazardous

materials prepare and submit an environmental report on their property every

five years. The reports will be available to the public. A facility that is

ceasing operations is required to submit a final environmental report. Owners

of industrial facilities are responsible for any environmental damage that

occurs on their land while under their care.

Date Bill stage Activity Committee

June 4, 2003

First Reading

Carried

Debates and Progress

First Reading

June

4, 2003

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 85, 37-4
Type	bill
Volume / chapter	p37 s4 bill 85 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4c03371a3298076591da2e2e587ce74496c0728e

Source file is stored in the law ingest library (html).