British Columbia Gazette Part II — B.C. Reg. 046/2018
B.C. Reg. 046/2018
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Volume 61, No. 6
46/2018
The British Columbia Gazette,
Part II
March 27, 2018
B.C. Reg. 46/2018 , deposited March 20, 2018, under the ENVIRONMENTAL MANAGEMENT ACT [sections 138 (2) (
c) and (
d) and 139 (7)]. Order in Council 126/2018, approved and ordered March 20, 2018.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective April 1, 2018,
(
a) the Permit Fees Regulation, B.C. Reg. 299/92, is amended as set out in the attached Appendix 1,
(
b) the Waste Discharge Regulation, B.C. Reg. 320/2004, is amended as set out in the attached Appendix 2, and
(
c) the regulations set out in the attached Appendix 3 are amended as set out in that Appendix.
— G. HEYMAN, Minister of Environment and Climate Change Strategy ; S. ROBINSON, Presiding Member of the Executive Council .
Appendix 1
1 The title to the Permit Fees Regulation, B.C. Reg. 299/92, is repealed and the following substituted:
PERMIT AND APPROVAL FEES AND CHARGES REGULATION .
Section 1 is amended by adding the following definition:
“Indian reserve” has the same meaning as “reserve” in the Indian Act (Canada); .
Section 2 (1) is amended by striking out “ $200 ” and substituting “ $400 ”.
Section 3 is amended
(
a) in subsection (1) by striking out “ fee ” and substituting “ charge ”,
(
b) in subsection (2) by striking out “ fee for each permit ” and substituting “ charge for each permit ” and by adding “ , calculated in accordance with subsection (3), ” after “ sum of the fees ”,
(
c) in subsection (3) by adding “ , determined in accordance with subsection (4), ” after “ quantity of the contaminant ”,
(
d) in subsection (4) by striking out “ annual fee ” and substituting “ annual charge ”,
(
e) in subsection (5) by striking out “ fee for each permit ” and substituting “ charge for each permit ”, and
(
f) in subsection (6) by striking out “ annual fee ” wherever it appears and substituting “ annual charge ”.
Section 4 is amended by repealing subsections (1) and (2) and substituting the following:
(1) Subject to
section 5, a person who holds an approval under
section 15 of the Act must pay a charge for each approval held by the person.
(2) The charge for each approval under subsection (1) is calculated by adding the base fee for the approval type, as specified in Column 2 of
Schedule A opposite the approval type in Column 1, to the sum of the fees, calculated in accordance with subsection (3), for each contaminant authorized under the approval.
Section 5 (1) is repealed and the following substituted:
(1) No permit application fee is payable by
(
a) the government of British Columbia or Canada,
(
b) a municipality for which the minister has approved a solid waste plan, if the permit is for the discharge of refuse, or
(
c) a person who discharges, on an Indian reserve, waste that is
(
i) domestic sewage, or
(ii) domestic refuse from a permanent residence on the Indian reserve.
(1.1) No charge is payable for a permit or approval if
(
a) the permit or approval is held by the government of British Columbia or Canada,
(
b) the permit or approval is for the discharge of refuse and is held by a municipality for which the minister has approved a solid waste plan, or
(
c) the permit or approval is held by a person who discharges, on an Indian reserve, waste that is
(
i) domestic sewage, or
(ii) domestic refuse from a permanent residence on the Indian reserve.
Section 7 is repealed and the following substituted:
Effluent permit or approval charge adjustments
(1) For the purposes of sections 3 and 4, despite sections 3 (2) and 4 (2), the charge for a permit or approval for a sewage effluent discharge from a septic tank, sewage treatment plant or other treatment facility is calculated by adding the base fee for the permit or approval type, as specified in Column 2 of
Schedule A opposite the permit or approval type in Column 1, to the sum of the fees, calculated in accordance with
section 3 (3) or 4 (3), as applicable, for only BOD and suspended solids.
(2) Subject to subsection (3), for the purposes of sections 3 (3) and 4 (3), the fee for suspended solids is reduced by 90% for a permit or approval that authorizes the discharge of suspended solids to an exfiltration, settling or tailings pond, land irrigation system or other ground disposal system, other than a permit or approval associated with a mine in respect of which there is a valid and subsisting permit under the Mines Act .
(3) If a person has posted a reclamation security under the Mines Act , the fee for suspended solids is zero.
Section 8 is amended by striking out “ annual fee ” and substituting “ annual charge ”.
Section 9 is amended by striking out “ fee ” and substituting “ annual charge ”.
Section 10 is amended by striking out “ annual fee ” and substituting “ annual charge ”.
11 Schedules A, B, C and D are repealed and the following substituted:
Schedule A
Base Fees for Permits or Approvals
Column 1
Permit or Approval Type
Column 2
Base Fee
($)
air
200.00
effluent
200.00
refuse
200.00
storage
200.00
Schedule B
Contaminant Fees for Air Emission Permits or Approvals
Column 1
Contaminant
Column 2
Fee per Tonne Discharged
($)
if payment date
April 1/06 -
March 31/18
if payment date after
April 1/18
ammonia
16.78
20.30
asbestos*
16.78
20.30
carbon monoxide
0.45
0.54
chlorine and chlorine oxides expressed as chlorine dioxide equivalent
11.29
13.66
fluorides
673.60
815.06
hydrocarbons
16.78
20.30
hydrogen chloride
11.29
13.66
metals
673.60
815.06
nitrogen oxides expressed as nitrogen dioxide equivalent
11.29
13.66
phenols
16.78
20.30
sulphur and sulphur oxides expressed as sulphur dioxide equivalent
13.07
15.81
total particulate
16.78
20.30
TRS
561.33
679.21
VOCs
16.78
20.30
other contaminants not otherwise specified in this
schedule
16.78
20.30
* Units of asbestos are equivalent to 5 cubic metres of air emissions per minute
at a concentration of 2 fibres per cubic centimetre.
Schedule C
Contaminant Fees for Effluent Permits or Approvals
Column 1
Contaminant
Column 2
Fee per Tonne Discharged
($)
if payment date
April 1/06 -
March 31/18
if payment date after
April 1/18
ammonia
102.91
124.52
AOX
273.24
330.62
arsenic
273.24
330.62
BOD
20.64
24.97
chlorine
273.24
330.62
cyanide
273.24
330.62
fluoride
102.91
124.52
metals
273.24
330.62
nitrogen and nitrates
41.13
49.77
oil and grease
68.61
83.02
other petroleum products
68.61
83.02
other solids
13.66
16.53
phenols
273.24
330.62
phosphorus and phosphates
102.91
124.52
sulphates
4.01
4.85
sulphides
273.24
330.62
surfactants
68.61
83.02
suspended solids
13.66
16.53
other contaminants not otherwise specified in this
schedule
13.66
16.53
Schedule D
Contaminant Fees for Refuse Permits or Approvals
Column 1
Contaminant
Column 2
Fee
($)
if payment date
April 1/06-
March 31/18
if payment date after
April 1/18
coarse coal refuse per m 3
5.94
7.19
refuse per tonne
0.74
0.90
Appendix 2
Section 4 of the Waste Discharge Regulation, B.C. Reg. 320/2004, is amended by striking out “ fee ” wherever it appears and substituting “ charge ”.
Section 9 is amended by striking out “ annual fee ” wherever it appears and substituting “ annual charge ”.
Section 10 is amended
(
a) by striking out “ a fee ” and substituting “ an annual charge ” , and
(
b) by striking out “ the fee ” wherever it appears and substituting “ the annual charge ”.
Schedule 3 is repealed and the following substituted:
Schedule 3
Table 1
Base Fees
Column 1
Type of Discharge
Column 2
Base Fee
($)
air
200.00
effluent
200.00
refuse
200.00
storage
200.00
Table 2
Contaminant Fees for Air Emissions
Column 1
Contaminant
Column 2
Fee per Tonne Discharged
($)
if payment date
April 1/06-
March 31/18
if payment date after
April 1/18
ammonia
16.78
20.30
asbestos*
16.78
20.30
carbon monoxide
0.45
0.54
chlorine and chlorine oxides expressed as chlorine dioxide equivalent
11.29
13.66
fluorides
673.60
815.06
hydrocarbons
16.78
20.30
hydrogen chloride
11.29
13.66
metals
673.60
815.06
nitrogen oxides expressed as nitrogen dioxide equivalent
11.29
13.66
phenols
16.78
20.30
sulphur and sulphur oxides expressed as sulphur dioxide equivalent
13.07
15.81
total particulate
16.78
20.30
TRS
561.33
679.21
VOCs
16.78
20.30
other contaminants not otherwise specified in this table
16.78
20.30
* Units of asbestos are equivalent to cubic metres of air emissions per minute
at a concentration of 2 fibres per cubic centimetre.
Table 3
Contaminant Fees for Effluent
Column 1
Contaminant
Column 2
Fee per Tonne Discharged
if payment date
April 1/06-
March 31/18
if payment date after
April 1/18
ammonia
102.91
124.52
AOX
273.24
330.62
arsenic
273.24
330.62
BOD
20.64
24.97
chlorine
273.24
330.62
cyanide
273.24
330.62
fluoride
102.91
124.52
metals
273.24
330.62
nitrogen and nitrates
41.13
49.77
oil and grease
68.61
83.02
other petroleum products
68.61
83.02
other solids
13.66
16.53
phenols
273.24
330.62
phosphorus and phosphates
102.91
124.52
sulphates
4.01
4.85
sulphides
273.24
330.62
surfactants
68.61
83.02
suspended solids
13.66
16.53
other contaminants not otherwise specified in this table
13.66
16.53
Table 4
Contaminant Fees for Refuse
Column 1
Contaminant
Column 2
Fee
($)
if payment date
April 1/06-
March 31/18
if payment date
after April 1/18
refuse per tonne
0.74
0.90
Appendix 3
Asphalt Plant Regulation
Section 3 (4) of the Asphalt Plant Regulation, B.C. Reg. 217/97, is amended
(
a) in paragraph (
a) by striking out “ Permit Fees Regulation ” and substituting “ Permit and Approval Fees and Charges Regulation, B.C. Reg. 299/92 ”, and
(
b) in paragraph (
b) by striking out “ emissions fee ” and substituting “ annual charge ” and by striking out “ Permit Fees Regulation ” and substituting “ Permit and Approval Fees and Charges Regulation ”.
Municipal Wastewater Regulation
Section 1 of the Municipal Wastewater Regulation, B.C. Reg. 87/2012, is amended by repealing the definition of “Permit Fees Regulation” .
Section 10 (2) (
c) is amended by striking out “ Permit Fees Regulation ” and substituting “ Permit and Approval Fees and Charges Regulation, B.C. Reg. 299/92 ”.
Section 61 is amended
(
a) in paragraphs (
a) and (
b) by striking out “ Permit Fees Regulation ” and substituting “ Permit and Approval Fees and Charges Regulation ”, and
(
b) in paragraph (
b) by striking out “ fee ” and substituting “ charge ”.
Oil and Gas Waste Regulation
Section 9 of the Oil and Gas Waste Regulation, B.C. Reg. 254/2005, is amended
(
a) by striking out “ annual fee ” wherever it appears and substituting “ annual charge ”,
(
b) in subsection (5) by striking out “ B.C. Reg. 299/92, the Permit Fees Regulation applies ” and substituting “ the Permit and Approval Fees and Charges Regulation, B.C. Reg. 299/92, apply ”, and
(
c) in subsection (6) by striking out “ B.C. Reg. 299/92 ” wherever it appears and substituting “ the Permit and Approval Fees and Charges Regulation ”.
Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation
Section 10 of the Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation, B.C. Reg. 470/90, is amended by striking out “ fee under the Permit Fees Regulation, B.C. Reg. 299/92, ” and substituting “ charge under the Permit and Approval Fees and Charges Regulation, B.C. Reg. 299/92, ”.
Wood Residue Burner and Incinerator Regulation
Section 1 of the Wood Residue Burner and Incinerator Regulation, B.C. Reg. 519/95, is amended by repealing the definition of “fees regulation” .
Section 2 (8) is amended
(
a) by striking out “ fees regulation ” and substituting “ Permit and Approval Fees and Charges Regulation, B.C. Reg. 299/92 ”,
(
b) in paragraph (
a) by striking out “ $24.21 ” and substituting “ $29.29 ”, and
(
c) in paragraph (
b) by striking out “ $208 ” and substituting “ $251.68 ”.
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