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Volume 47, No. 22

B.C. Reg. 464/2004

The British Columbia Gazette,

Part II

November 2, 2004

B.C. Reg. 464/2004, deposited October 22, 2004, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [Sections 21 (1) (

h) and (i), 62 (1) (b), 138 (2) (

d) and (h)] and the ENVIRONMENTAL MANAGEMENT AMENDMENT ACT [Section 26]. Order in Council 1029/2004, approved and ordered October 21, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) section 18 of the Environmental Management Amendment Act , 2004, S.B.C. 2004, c. 18, is brought into force,

(

b) the Contaminated Sites Regulation, B.C. Reg. 375/96, is amended as set out in

section 1 of the attached Schedule,

(

c) the Permit Fees Regulation, B.C. Reg. 299/92, is amended as set out in sections 2 and 3 of the attached Schedule,

(

d) the Hazardous Waste Regulation, B.C. Reg. 63/88 is amended as set out in

section 4 of the attached Schedule, and

(

e) the Waste Discharge Regulation, B.C. Reg. 320/2004, is amended as set out in sections 5, 6 and 7 of the attached Schedule.

— B. BARISOFF, Minister of Water, Land and Air Protection; S. BRICE, Presiding Member of the Executive Council.

Schedule

CONTAMINATED SITES REGULATION

1 The Contaminated Sites Regulation, B.C. Reg. 375/96, is amended

(

a) in

section 9 (15) (

a) by striking out "Table 3" and substituting "Table 2", and

(

b) in item 4 (

a) and (

b) of Table 2 of

Schedule 3 by striking out "without the recommendation of an approved professional".

PERMIT FEES REGULATION

Schedule B to the Permit Fees Regulation, B.C. Reg. 299/92, is amended in Column 2 under "if payment date after April 1/06" opposite "Asbestos" in Column 1 by striking out "$16.88" and substituting "$16.78".

Schedule D is amended

(

a) in Column 1 by adding "per m 3 " after "Course Coal Refuse",

(

b) in Column 1 by adding "per tonne" after "Refuse" in the last row,

(

c) in Column 2 under "if payment date before April 1/04" by striking out "/m 3 " opposite "Course Coal Refuse" in Column 1, and

(

d) in Column 2 under "if payment date before April 1/04" by striking out "/tonne" opposite "Refuse" in Column 1.

HAZARDOUS WASTE REGULATION

4 The Hazardous Waste Regulation, B.C. Reg. 63/88, is amended

(

a) in

section 42 (3) (

a) by striking out "regulations, and" and substituting "regulations, or", and

(

b) by repealing

section 42.4 (7).

WASTE DISCHARGE REGULATION

5 The Waste Discharge Regulation, B.C. Reg. 320/2004, is amended

(

a) in

section 3 by adding the following subsection:

(8) Emissions from the combustion, in a commercial pet crematorium, of the corpses of pets are exempt from the application of

section 6 (2) and 6 (3) of the Act. ,

(

b) in

section 4 (2) (

k) by striking out "in the applicable code of practice" and substituting "by the minister" and by striking out "this regulation;" and substituting "the applicable code of practice;",

(

c) by repealing

section 9 (1) (

b) and substituting the following:

(

b) the sum of the fees for each contaminant that is discharged under the code of practice and, under that code, is subject to a fee.,

(

d) by repealing

section 9 (2) and substituting the following:

(2) For the purposes of subsection (1) (b), the fee for each contaminant is the maximum discharge multiplied by the maximum concentration multiplied by the applicable fee from

Schedule 3, where

(

a) maximum discharge is the maximum quantity of discharge

(

i) specified in the registration, if the minister has specified under

section 4 (3) (

k) that the maximum discharge is information required for the purposes of a registration under

section 4, or

(ii) specified in or calculated under the code of practice, as applicable, if subparagraph (

i) does not apply,

calculated on an annual basis,

(

b) maximum concentration is the maximum concentration of the contaminant authorized under the code of practice, and

(

c) applicable fee from

Schedule 3 is the unit fee for the contaminant set out in column 2 opposite the contaminant in column 1 of Table 2, 3 or 4 of

Schedule 3. ,

(

e) in

section 9 (4) by striking out "in a code of practice",

(

f) in

section 9 by adding the following subsection:

(4.1) Despite subsection (1) (b), if neither the maximum discharge nor a calculation for maximum discharge is included in a code of practice and the minister has not exercised the authority under

section 4 (2) (

k) in relation to registrations under the applicable code, the first and subsequent annual fee for the purposes of

section 4 (3) (

b) and (5) (

a) is the fee described in subsection (1) (a). , and

(

g) by adding the following section:

Minister may amend

Schedule 2

11 If the minister prescribes a code of practice in relation to an industry, trade, business, activity or operation listed in Column 1 of the Table in

Schedule 2, the minister may amend the Table by adding the title of the code of practice to Column 2 opposite the industry, trade, business, activity or operation in Column 1.

Schedule 2 is amended

(

a) in paragraph (

b) of the definition of "aquaculture — land-based industry" by adding "or salt water" after "in fresh water",

(

b) in the definition of "beverage industry" by striking out ", as defined in the Extended Producer Responsibility Regulation,", and

(

c) in the definition of "naturally occurring radioactive materials management" by striking out "Tables 5.1 and 5.2" and substituting "Table 5.1, 5.2 or 5.3".

Schedule 3 is amended

(

a) in Column 2 of Table 2 under "if payment date after April 1/06" opposite "Asbestos" in Column 1 by striking out "$16.88" and substituting "$16.78",

(

b) in the heading to Column 2 of Table 3 by adding "Per Tonne Discharged" after "Fee", and

(

c) in Column 1 of Table 4 by adding "per tonne" after "Refuse".

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