The Alberta Gazette

Part I

Vol. 101 Edmonton, Friday, September 30, 2005 No. 18

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Norman Kwong, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her Other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Peter Pagano, Acting Deputy Minister of Justice and

Acting Deputy Attorney General

WHEREAS

section 5 of the Public Lands Amendment Act, 2003 provides that sections 2 and 3 of that Act come into force on Proclamation; and

WHEREAS it is expedient to proclaim sections 2 and 3 of the Public Lands Amendment Act, 2003 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive Council of Our Province of Alberta, by virtue of the provisions of the said Act hereinbefore referred to and of all other power and authority whatsoever in Us vested in that behalf, We have ordered and declared and do hereby proclaim sections 2 and 3 of the Public Lands Amendment Act, 2003 in force on October 1, 2005.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE NORMAN L. KWONG, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 8th day of September in the Year of Our Lord Two Thousand Five and in the Fifty-fourth Year of Our Reign.

BY COMMAND Ron Stevens, Provincial Secretary.

______________

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Norman Kwong, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her Other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Peter Pagano, Acting Deputy Minister of Justice and

Acting Deputy Attorney General

WHEREAS

section 118 of the Child Welfare Amendment Act, 2003 provides that that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim sections 55, 56, 57, 58, 59, 61, 62 to the extent that it enacts

section 57.1, and 99 of the Child Welfare Amendment Act, 2003 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive Council of Our Province of Alberta, by virtue of the provisions of the said Act hereinbefore referred to and of all other power and authority whatsoever in Us vested in that behalf, We have ordered and declared and do hereby proclaim sections 55, 56, 57, 58, 59, 61, 62 to the extent that it enacts

section 57.1, and 99 of the Child Welfare Amendment Act, 2003 in force on October 1, 2005.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE NORMAN L. KWONG, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 8th day of September in the Year of Our Lord Two Thousand Five and in the Fifty-fourth Year of Our Reign.

BY COMMAND Ron Stevens, Provincial Secretary.

______________

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Norman Kwong, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her Other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Ken Tjosvold, Acting Deputy Minister of Justice and

Acting Deputy Attorney General

WHEREAS

section 40(2) of the Hotel Room Tax (Tourism Levy) Amendment Act, 2005 provides that sections 4(c), 5 and 39 come into force on Proclamation; and

WHEREAS it is expedient to proclaim sections 4(c), 5 and 39 of the Hotel Room Tax (Tourism Levy) Amendment Act, 2005 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive Council of Our Province of Alberta, by virtue of the provisions of the said Act hereinbefore referred to and of all other power and authority whatsoever in Us vested in that behalf, We have ordered and declared and do hereby proclaim sections 4(c), 5 and 39 of the Hotel Room Tax (Tourism Levy) Amendment Act, 2005 in force on the date of issue of the Proclamation.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE NORMAN L. KWONG, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 8th day of September in the Year of Our Lord Two Thousand Five and in the Fifty-fourth Year of Our Reign.

BY COMMAND Ron Stevens, Provincial Secretary.

______________

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Norman Kwong, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her Other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Ken Tjosvold, Acting Deputy Minister of Justice and

Acting Deputy Attorney General

WHEREAS

section 33 of the Securities Amendment Act, 2005 provides that that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim sections 9, 14 and 18 to 20 of the Securities Amendment Act, 2005 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive Council of Our Province of Alberta, by virtue of the provisions of the said Act hereinbefore referred to and of all other power and authority whatsoever in Us vested in that behalf, We have ordered and declared and do hereby proclaim sections 9, 14 and 18 to 20 of the Securities Amendment Act, 2005 in force on September 14, 2005.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE NORMAN L. KWONG, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 8th day of September in the Year of Our Lord Two Thousand Five and in the Fifty-fourth Year of Our Reign.

BY COMMAND Ron Stevens, Provincial Secretary.

______________

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Norman Kwong, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her Other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Ken Tjosvold, Acting Deputy Minister of Justice and

Acting Deputy Attorney General

WHEREAS

section 3 of the Canada Pension Plan Credits Statutes Amendment Act, 2004 provides that that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim the Canada Pension Plan Credits Statutes Amendment Act, 2004 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive Council of Our Province of Alberta, by virtue of the provisions of the said Act hereinbefore referred to and of all other power and authority whatsoever in Us vested in that behalf, We have ordered and declared and do hereby proclaim the Canada Pension Plan Credits Statutes Amendment Act, 2004 in force on October 1, 2005.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE NORMAN L. KWONG, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 8th day of September in the Year of Our Lord Two Thousand Five and in the Fifty-fourth Year of Our Reign.

BY COMMAND Ron Stevens, Provincial Secretary.

______________

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Norman Kwong, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her Other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Peter Pagano, Acting Deputy Minister of Justice and

Acting Deputy Attorney General

WHEREAS

section 22 of the Fatality Inquiries Amendment Act, 2005 provides that that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim the Fatality Inquiries Amendment Act, 2005 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive Council of Our Province of Alberta, by virtue of the provisions of the said Act hereinbefore referred to and of all other power and authority whatsoever in Us vested in that behalf, We have ordered and declared and do hereby proclaim the Fatality Inquiries Amendment Act, 2005 in force on September 9, 2005.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE NORMAN L. KWONG, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 8th day of September in the Year of Our Lord Two Thousand Five and in the Fifty-fourth Year of Our Reign.

BY COMMAND Ron Stevens, Provincial Secretary.

RESIGNATIONS & RETIREMENTS

(Justice of the Peace Act)

Termination of Justice of the Peace

June 7, 2005

Robert Wilkinson

June 30, 2005

Edwin Brandt

July 20, 2005

Thomas Houle

GOVERNMENT NOTICES

Agriculture, Food and Rural Development

Form 15

(Irrigation Districts Act)

(Section 88)

Notice to Irrigation Secretariat:

Change of Area of an Irrigation District

On behalf of the Western Irrigation District, I hereby request that the Irrigation Secretariat forward a certified copy of this notice to the Registrar for Land Titles for the purposes of registration under

Section 22 of the Land Titles Act and arrange for notice to be published in the Alberta Gazette.

The following parcels of land should be added to the irrigation district and the notation added to the certificate of title:

LINC Number

Short Legal Description

Title Number

SW 31-24-24-W4

I certify the procedures required under

part 4 of the Irrigation Districts Act have been completed and the area of the Western Irrigation District should be changed according to the above list.

Laurie Hodge, Office Manager,

Irrigation Secretariat.

Community Development

Ministerial Order 30/2005

Order Rescinding Provincial Historic Resource

(Historical Resources Act)

I, Gary G. Mar, Q.C., Minister of Community Development, pursuant to

Section 20(15) of the Historical Resources Act, HEREBY MAKE THE ORDER rescinding in part the Ministerial Order dated February 15th, 2002. The designation as a Provincial Historic Resource of the National Hotel, with respect to the land legally described as:

PLAN A2

BLOCK 12

LOTS 10 to 15 inclusive

and located at 1042 - 10th Avenue S.E., Calgary Alberta is hereby rescinded.

Dated at Edmonton, Alberta the 25th day of August, 2005.

Gary G. Mar, Minister.

Environment

Code of Practice for Energy Recovery

(made under the Environmental Protection and Enhancement Act

RSA 2000, c.E-12, as amended and

Waste Control Regulation (AR 192/96), as amended)

Table of Contents

Definitions

Part A: General Requirements

2. General

3. Analytical Requirements

4. Design and Installation Requirements

5. Closure Requirements

6. Reporting Requirements

7. Record Keeping Requirements

8. Code of Practice Administration Requirements

Part B: Production of Alternate Fuel

9. Registration Application / Administration Requirements

10. Design Requirements

11. Operational Requirements

12. Monitoring Requirements

Part C: Burning Waste as Fuel

13. Registration Application / Administration Requirements

14. Design Requirements

15. Operational Requirements

16. Monitoring Requirements

Schedule 1 Registration Information for Production of Alternate Fuel

Schedule 2 Registration Information for Burning Waste as Fuel

Section 1:

Definitions

1.1 All

definitions in the Act and the regulations under the Act apply except where expressly defined in this Code of Practice.

1.2 In this Code of Practice:

(a) "Act" means the Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12, as amended;

(b) "alternate fuel" means a liquid that:

(

i) is capable of being pumped,

(ii) is derived from recyclables,

(iii) has a net heat value equal to or greater than 12 780 kilojoules per kilogram (5500 BTU per pound),

(iv) meets all of the quality limits for the parameter as specified in Table 10 1 of this Code of Practice, and

(

v) may contain, without limitation, one (1) or more of the following substances

(

A) oils, including, but not limited to, automotive lubricating oil, compressor oil, fuel oil, gear oil, or hydraulic oil;

(

B) fuels, including, but not limited to, diesel, naphtha, gasoline, or kerosene;

(

C) condensate that contain less than 0.2 parts per million of hydrogen sulphide;

(

D) antifreeze;

(

E) glycols;

(

F) alcohols;

(

G) non-halogenated solvents that contain less than 0.2 parts per million of hydrogen sulphide; and

(

H) animal or vegetable based oils;

(c) "burning waste as fuel" means the thermal destruction of a waste or a recyclable in a thermal converter, combustion unit, or space heater for the purposes of producing heat or electricity, but does not include:

(

i) the burning of alternate fuel,

(ii) the burning of 4500 litres or less of used oil per year where the used oil

(

A) is generated on-site, and

(

B) is burned in equipment that meets Canadian Standards Association (CSA) standards, or

(iii) an activity that is governed by an authorization issued under the Oil and Gas Conservation Act;

(d) "combustion unit" means industrial furnaces, boilers, or process heaters;

(e) "energy recovery" means

(

i) the production of alternate fuel, or

(ii) burning waste as fuel;

(f) "facility" means an operation for energy recovery which produces alternate fuel or burns waste as fuel;

(g) "ISO 17025" means the international standard, developed and published by International Organization for Standardization (ISO), specifying the management and technical requirements for laboratories to demonstrate their technical competence to perform defined tests and produce valid data and results;

(h) "Material Safety Data Sheet" or "MSDS" means a document that contains, at a minimum, the information required pursuant to the Hazardous Products Act (Canada) and the information set out in

section 11.1(

a) of this Code of Practice;

(i) "mg/L" means milligrams per litre;

(j) "mg/kg" means milligrams per kilogram;

(k) "production of alternate fuel" means the collection and processing of recyclables to produce alternate fuel, where ten (10) tonnes or less of recyclables per month are used for that purpose, but does not include an activity that is governed by an authorization issued under the Oil and Gas Conservation Act;

(l) "Professional Engineer" means a professional engineer or registered professional technologist (engineering) under the Engineering, Geological and Geophysical Professions Act or an equivalent professional designation from another jurisdiction;

(m) "registration holder" means a person who has been issued a registration under the Act, for the construction, operation, or reclamation of a facility for energy recovery;

(n) "regulations" means the regulations under the Act;

(o) "Rm3" means cubic metre of air at the reference conditions of twenty-five (25) degrees Celsius and 101.325 kPa;

(p) "space heater" means an oil fired heater used for heating the interior of a structure;

(q) "TEQ" means dioxin toxic equivalent with respect to the following toxicity equivalency factors:

Congeners Toxicity Equivalency Factor

2,3,7,8-tetrachloro-dibenzo-p-dioxin 1.000

1,2,3,7,8-pentachloro-dibenzo-p-dioxin 0.500

1,2,3,4,7,8-hexachloro-dibenzo-p-dioxin 0.100

1,2,3,6,7,8-hexachloro-dibenzo-p-dioxin 0.100

1,2,3,7,8,9-hexachloro-dibenzo-p-dioxin 0.100

2,3,7,8-tetrachloro-dibenzofuran 0.100

1,2,3,7,8-pentachloro-dibenzofuran 0.050

2,3,4,7,8-pentachloro-dibenzofuran 0.500

1,2,3,4,7,8-hexachloro-dibenzofuran 0.100

1,2,3,6,7,8-hexachloro-dibenzofuran 0.100

1,2,3,7,8,9-hexachloro-dibenzofuran 0.100

2,3,4,6,7,8-hexachloro-dibenzofuran 0.100

(r) "thermal converter" means a device for energy recovery that uses indirect heat to separate organic components from a waste or recyclable to produce fuel;

(s) "this Code of Practice" means the Code of Practice for Energy Recovery, published by the Department, as amended; and

(t) "used oil" means a petroleum-based oil that has been used primarily as lubricating oil in, without limitation, combustion engines, turbines, transmissions, gear boxes, or hydraulic equipment.

PART A: GENERAL REQUIREMENTS

The requirements under this Part apply to both the production of alternative fuel and burning waste as fuel.

Section 2: General

2.1 Any registration holder who conducts energy recovery must do so in accordance with this Code of Practice.

2.2 Where a registration has been issued for energy recovery at a particular facility that registration applies only to that facility.

2.6 Subject to 2.7, if the registration holder monitors for any substances or parameter which are the subject of limits in this Code of Practice more frequently than is required, using procedures authorized in this Code of Practice, then the registration holder shall provide the results of such monitoring as an addendum to the next reports required by this Code of Practice.

2.7

Section 2.6 does not apply to short term testing or monitoring of operational changes, new processes, or technologies that do not cause an adverse effect.

2.8 The registration holder shall immediately notify the Director in writing if any of the following events occurs:

(

a) the registration holder is served with a petition into bankruptcy;

(

b) the registration holder files an assignment in bankruptcy or Notice of Intent to make a proposal;

(

c) a receiver or receiver-manager is appointed;

(

d) an application for protection from creditors is filed for the benefit of the registration holder under any creditor protection legislation; or

(

e) any of the assets, which are the subject matter of this Code of Practice, are seized for any reason.

Section 3: Analytical Requirements

3.1 Any sample required pursuant to this Code of Practice shall be:

(

a) collected;

(

b) preserved;

(

c) stored;

(

d) handled; and

(

e) analyzed

in accordance with:

(

i) the Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846 manual, published by the United States Environmental Protection Agency, 1998, as amended,

(ii) the Methods Manual for Chemical Analysis of Water and Waste, published by Alberta Environment, 1996, as amended,

(iii) the Alberta Stack Sampling Code, published by Alberta Environment, 1995, as amended,

(iv) the Standard Test Method for Ash from Petroleum Products, ASTM D 482-95, as amended,

(

v) the Standard Methods for Examination of Water and Wastewater, 20th edition, 1998, published by the American Public Health Association, American Water Works Association, and Water Environment Federation, as amended, or

(vi) any other equivalent method authorized in advance in writing by the Director.

3.2 The registration holder shall analyse all samples that are required to be obtained by this Code of Practice in a laboratory accredited pursuant to ISO 17025 standard, as amended, for the specific parameter(

s) to be analyzed, unless otherwise authorized in writing by the Director.

Section 4: Design and Installation Requirements

4.1 The

(

a) design, and

(

b) construction

of combustion units or space heaters that burn used oil must comply with CAN/CSA-B140-M97, General Requirements for Oil Burning Equipment, and CAN/CSA-B140.2.1-M90 (R1995),Oil Burners; Atomizing Type, published by the Canadian Standards Association, as amended, or another standard specified in writing by the Director.

4.2 The installation of combustion units or space heaters that burn used oil must comply with CAN/CSA-B139-00, Installation Code for Oil Burning Equipment, 1991, published by the Canadian Standards Association, as amended, or another standard specified in writing by the Director.

4.3 In addition to any other requirements in the Act and the regulations, storage tanks used for storage of recyclables, alternate fuel, and waste burned as fuel shall comply, as applicable, with the Alberta Fire Code (1997), published by the National Research Council of Canada, as amended.

Section 5: Closure Requirements

5.1 Where a facility:

(

a) has permanently ceased operations; or

(

b) has not been operated for a period of twelve (12) consecutive months,

the registration holder shall notify the Director in writing within thirty (30) calendar days after the respective event.

Section 6: Reporting Requirements

6.1 In addition to any other reporting required pursuant to this Code of Practice, the Act, or the regulations, the registration holder shall immediately report any contravention of this Code of Practice to the Director, either:

(

a) by telephone at (780) 422-4505; or

(

b) by a method:

(

i) in compliance with the release reporting provisions of the Act and the regulations, or

(ii) authorized in writing by the Director.

6.2 In addition to the immediate report in 6.1, the registration holder shall provide a report to the Director:

(

a) in writing; or

(

b) by a method:

(

i) in compliance with the release reporting provisions of the Act and the regulations, or

(ii) authorized in writing by the Director,

within seven (7) calendar days of the discovery of the contravention, or within a time period specified in writing by the Director, unless the Director waives the requirement for a report.

6.3 The report required under 6.2 shall contain, at a minimum, the following information:

(

a) a description of the contravention;

(

b) the date, time, and duration of the contravention;

(

c) the address or legal land description (LLD) of the location of the contravention;

(

d) the name, address, phone number, and responsibilities of the person who was in charge and was operating the facility at the time the contravention occurred;

(

e) an explanation as to why the contravention occurred including, but not limited to, a comparison of operating conditions at the time the contravention to normal operating conditions;

(

f) a

summary of all measures and actions that were taken to mitigate any effects of the contravention;

(

g) a

summary of all measures that will be taken to address the remaining effects and potential effects related to the contravention;

(

h) a

summary of proposed measures that will prevent future contraventions, including a

schedule of implementation for these measures;

(

i) any information that was maintained or recorded under this Code of Practice, as a result of the incident; and

(

j) any other information required by the Director in writing.

6.4 A registration holder who is required to complete a manual stack survey under 15.2 shall, within sixty (60) days after the completion of the manual stack survey, provide the Director a copy of the manual stack survey results.

Section 7: Record Keeping Requirements

7.1 The registration holder shall, as applicable:

(

a) record the following information; and

(

b) keep the following records available for five (5) years after creation of the record:

(

i) all records that are required under this Code of Practice,

(ii) the results of any monitoring and analysis that are carried on pursuant to this Code of Practice, including the method of testing used,

(iii) the type, quantity, and sources of recyclables or wastes received on a monthly basis for the production of alternate fuel, or the burning of waste as fuel, as applicable,

(iv) the type, quantity, and disposal location of all wastes resulting from the production of alternate fuel, or the burning of waste as fuel, as applicable,

(

v) copies of all MSDS prepared in accordance with 11.1,

(vi) site plans or design drawings and specifications for the site or waste burning unit, as applicable,

(vii) a description of all maintenance and repairs made to the alternate fuel or waste burning unit, as applicable, including:

(

A) the date of the maintenance;

(

B) a description of the maintenance conducted; and

(

C) the name of person conducting the maintenance,

(viii) a copy of all applications submitted to the Department for a registration,

(ix) all reports of inspections conducted by the Department,

(

x) the registration issued under the Act for the facility, and

(xi) any correspondence sent to the Department regarding the facility.

7.2 The results and records in 7.1 shall contain, at a minimum, all of the following information:

(

a) the date, place, and time of monitoring, and the name of the person collecting the sample;

(

b) date of analysis;

(

c) laboratory name and person responsible for performing analysis;

(

d) the analytical method used; and

(

e) the results of the analysis.

7.3 A registration holder shall, upon request by an inspector or Director, provide to the inspector or Director, a copy of the registration issued under the Act, any accompanying correspondence, and any records or data regarding the energy recovery.

Section 8: Code of Practice Administration

8.1 This Code of Practice will be reviewed as changes in technological and other standards warrant.

PART B: PRODUCTION OF ALTERNATE FUEL

Section 9: Registration Application/Administration Requirements

9.1 An application for registration for the production of alternate fuel shall contain, at a minimum, the information specified in

Schedule 1.

9.2 The technical assessment referred to in clause (

h) of

Schedule 1 shall be signed and stamped by a Professional Engineer, the manufacturer, or the supplier of the equipment when it involves processes other than phase separation systems.

9.3 A registration holder who produces alternate fuel shall provide written notice to the Director within fourteen (14) calendar days of any change in the information provided in the application for the registration, regarding:

(

a) the type and quantity of recyclables collected to produce alternate fuel on a monthly basis;

(

b) the address and phone number of the registration holder; and

(

c) the name, address, and phone number of any person who has charge, management or control of that facility.

Section 10: Design Requirements

10.1 Subject to 10.2 and 10.3, the design of production facilities for alternate fuels shall include engineering features such that the quality of alternate fuel complies with the parameter quality limits in Table 10-1, as applicable.

Table 10-1 - Quality Limits for Alternate Fuel

Parameter

Limits for Produced

Alternate Fuel

Arsenic

maximum 5.0 mg/L

Cadmium

maximum 2.0 mg/L

Chromium

maximum 10.0 mg/L

Lead

maximum 50.0 mg/L

Sulphur

maximum 7 500.0 mg/L

Halogenated Organic Compounds

maximum 1 000.0 mg/L

Polychlorinated Biphenyls

maximum 2.0 mg/L

Flash Point

minimum 38.0 degrees Celsius

Ash Residue

maximum 1.0 % (w/w)

Net heat value

minimum 12 780.0 kJ/kg

10.2 The flash point quality limit in Table 10-1 applies unless the MSDS prepared by the registration holder states that the alternate fuel must not be burned in space heaters.

10.3 The ash residue quality limit in Table 10-1 applies unless the MSDS prepared by the registration holder states that the alternate fuel must only be used in facilities authorized under the Act.

Section 11: Operational Requirements

11.1 When producing alternate fuel the registration holder shall:

(

a) prepare a MSDS, which includes:

(

i) the quality data for the parameters in Table 10-1, as applicable, and

(ii) a statement that the design of combustion units or space heaters used to burn alternate fuel prepared from used oil must comply with the applicable standard in

section 4;

(

b) provide third parties receiving alternate fuel with the MSDS, along with the alternate fuel.

11.2 All wastes and wastewaters resulting from producing alternate fuel shall be:

(

a) stored and handled in compliance with the Waste Control Regulation; and

(

b) disposed of or recycled in a manner authorized under the Act.

Section 12: Monitoring Requirements

12.1 A registration holder who produces alternate fuel shall:

(

a) collect one (1) representative sample from each tank containing alternate fuel at each of the following times:

(

i) prior to shipment or first time use of the alternate fuel,

(ii) after any change in the nature of the feedstock from which the alternate fuel is produced,

(iii) every three (3) years thereafter;

(

b) split the representative sample in two sub-samples;

(

c) analyse one (1) sub-sample for the parameters specified in Table 10-1, as applicable; and

(

d) keep the second sub-sample for a period of three (3) months, should a need arise to re-analyse the sample.

PART C: BURNING WASTE AS FUEL

Section 13: Registration Application/Administration Requirements

13.1 An application for registration for burning waste as fuel shall contain at a minimum the information specified in

Schedule 2.

13.2 The technical assessment referred to in clause (

h) of

Schedule 2 shall be signed and stamped by a Professional Engineer, the manufacturer, or the supplier of the waste-burning unit.

13.3 A registration holder who burns waste as fuel shall provide written notice to the Director within fourteen (14) calendar days of any change in the information included in the application for the registration regarding:

(

a) the type and quantity of wastes burned as fuel on a monthly basis;

(

b) the address and phone number of the registration holder; and

(

c) the name, address, and phone number of any person who has charge, management, or control of that facility.

Section 14: Design Requirements

14.1 The registration holder shall not burn waste as fuel when the waste:

(

a) is hazardous because of its halogenated organic compound(

s) content; or

(

b) does not comply with the limits for any of the parameters identified in Table 14-1, as applicable.

Table 14-1: Quality Limits for Waste Burned as Fuel

Parameter

Limits for Waste Burned as Fuel

Arsenic

maximum 5.0 mg/kg

Cadmium

maximum 2.0 mg/kg

Lead

maximum 50.0 mg/kg

Mercury

maximum 2.0 mg/kg

Halogenated Organic Compounds

maximum 1,000.0 mg/kg

Polychlorinated biphenyls

maximum 2.0 mg/kg

Net heat value

minimum 12,780.0 kJ/kg

14.2 When the registration holder burns more than ten (10) tonnes of waste per month the flue gas emissions shall not exceed:

(

a) the limits for the parameters specified in Table 14-2, as applicable; and

(

b) the limits for any additional parameter as specified in writing by the Director.

Table 14-2: Emission Limits for Burning Waste as Fuel

Parameter

Maximum Concentration Limits

Particulate matter

one hour average of 50 mg/Rm3

Hydrogen chloride

one hour average of 75 mg/Rm3

Carbon monoxide

one hour average of 57 mg/Rm3

Sulphur dioxide

one hour average of 450 mg/Rm3

Nitrogen dioxide

one hour average of 400 mg/Rm3

Mercury

one hour average of 20 æg/Rm3

Dioxins and furans (TEQ)

one hour average 80 pg TEQ/Rm3

Opacity

20 % averaged over six consecutive minutes

14.3 The emission, as determined by analytical results of the manual stack survey conducted under 15.2 and 15.4, shall not exceed the limits specified in 14.2.

14.4 All wastes and wastewater resulting from burning waste as fuel shall be:

(

a) stored and handled in compliance with the Waste Control Regulation; and

(

b) disposed of or recycled in a manner authorized under the Act.

Section 15: Monitoring Requirements

15.1 A registration holder who burns waste as fuel shall:

(

a) collect one (1) representative sample from each waste:

(

i) prior to its use as fuel for the first time,

(ii) when there is change in the nature of the waste to be burned as fuel, and

(iii) as required in writing by the Director; and

(

b) analyze the representative sample for the parameter specified in the first column of Table 14-1, as applicable, based on the nature and classification of the waste.

15.2 A registration holder who burns waste as fuel shall complete a manual stack survey:

(

a) where the amount of waste burned as fuel exceeds ten (10) tonnes per month; or

(

b) when requested in writing by the Director.

15.3 Upon application and submission by the registration holder, the Director may, by notice in writing, exempt the registration holder from the test under 15.2.

15.4 At least two (2) weeks prior to conducting a manual stack survey required in 15.2, a registration holder who burns waste as fuel shall notify the Director in writing that the manual stack survey will be undertaken.

15.5 The manual stack survey required under

section 15.2 shall meet the following requirements:

(

a) the stack gas must be analyzed with respect to:

(

i) the parameter specified in Table 14-2, and

(ii) any other parameter specified by the Director;

(

b) the operating temperature of the combustion chamber(

s) must be recorded; and

(

c) the manual stack survey must comply with the sampling procedures in the Alberta Stack Sampling Code, 1995, published by Alberta Environment, as amended.

15.6 In addition to the collection and analysis of samples required under this Code of Practice, the registration holder burning waste as fuel shall:

(

a) collect;

(

b) analyze; and

(

c) provide the Director with the results of analyses of any additional samples that are required in writing by the Director.

SCHEDULE 1

REGISTRATION INFORMATION FOR PRODUCTION OF

ALTERNATE FUEL

Pursuant to 9.1 of this Code of Practice, all of the following information shall be provided to the Director:

(

a) The name, address, and phone number of the intended registration holder;

(

b) The company name, if any, and the name, address, phone number, and signature of the person who submitted the registration application on behalf of the intended registration holder;

(

c) If a person other than the registration holder submitted the registration application, written authorization from the intended registration holder, stating that the person who submitted the registration application was authorized to do so on behalf of the intended registration holder;

(

d) The name, job title, address, and phone number of the person designated by the intended registration holder as the primary contact for the facility;

(

e) The municipal address, if one exists, or legal land description (LLD) on which the facility will be located;

(

f) The expected source, type, and quantity of recyclables to be collected each month for the production of alternate fuel;

(

g) A description of the facility including, but not limited to:

(

i) a site plan, which includes the legal boundaries of the parcel of land on which the facility is or will be located,

(ii) a list of all storage tanks and their capacities and locations,

(iii) a list of all production equipment,

(iv) monthly production rates,

(

v) the estimated quantity, type, and proposed disposal location of all wastes produced;

(vi) monitoring to be conducted, and

(vii) proposed closure procedures.

(

h) A technical assessment of the processes used in the production of alternate fuel.

In consideration of the information required above, and the information required in an Activities Plan, the Director waives the requirements of subsection 3(1)(

a) through (

o) of the Approvals and Registrations Procedure Regulation, A.R. 113/93, as amended from time to time, for a registration application under this Code of Practice.

SCHEDULE 2

REGISTRATION INFORMATION FOR BURNING WASTE AS FUEL

Pursuant to 13.1 of this Code of Practice, all of the following information shall be provided to the Director:

(

a) The name, address, and phone number of the registration holder;

(

b) The company name, if any, and the name, job title, address, phone number, facsimile number, e-mail address, and signature of the person who submitted the registration application on behalf of the registration holder;

(

c) If a person other than the registration holder submitted the registration application, written authorization is required from the registration holder, stating that the person who submitted the registration application was authorized to do so on behalf of the registration holder;

(

d) The name, job title, address, phone number, facsimile number, and e-mail address of the person designated by the registration holder as the primary contact for the facility;

(

e) The municipal address, if one exists, or legal land description (LLD) of the parcel or parcels on which the operation will be conducted;

(

f) The quantity and source of the waste(

s) to be burned as fuel;

(

g) The results of analyses of a representative sample of the waste to be burned as fuel for the parameters specified in Table 14-2, as applicable;

(

h) A technical assessment of the thermal converter and/or waste-burning unit, as applicable. This assessment includes, but is not limited to:

(

i) the make, model, and serial number of the thermal converter or burning unit,

(ii) type of thermal converter or burning unit,

(iii) the actual and rated capacity in kilograms per hour specified by the manufacturer,

(iv) the design thermal converter or combustion chamber,

(

v) the operating temperature of any thermal converter, if one is included,

(vi) the operating temperature(

s) of the combustion chambers,

(vii) equipment to be used in conjunction with the thermal converter or burning unit,

(viii) the expected gaseous emissions at normal operating conditions for the parameter in Table 14-2 as applicable,

(ix) the quantity, type, and proposed disposal location of any wastes produced, and

(

x) monitoring to be conducted.

In consideration of the information required above, and the information required in an Activities Plan, the Director waives the requirements of subsection 3(1)(

a) through (

o) of the Approvals and Registrations Procedure Regulation, A.R. 113/93, as amended, for a registration application under this Code of Practice.

______________

Code of Practice for Exploration Operations

(made under the Environmental Protection and Enhancement Act

RSA 2000, c.E-12, as amended and

Conservation and Reclamation Regulation (AR 115/93), as amended)

Table of Contents

Definitions

2. General

3. Notice/Administration Requirements

3.1 Notice

3.2 Written Consent of Registered Owners

4. Operational Requirements

4.1 Activities Plan

5. Conservation and Reclamation Requirements

5.1 Soil Conservation Requirements

5.2 Reclamation Requirements

6. Waste Management Requirements

7. Reporting Requirements

8. Record Keeping Requirements

9. Code of Practice Administration

Schedule 1 Notice Information

Schedule 2 Activities Plan

PART 1:

DEFINITIONS

1.1 All

definitions in the Environmental Protection and Enhancement Act and the regulations apply except where expressly defined in this Code of Practice.

1.2 In this Code of Practice:

(a) "Act" means the Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12, as amended;

(b) "activities plan" means the most recent plan for the conduct and reclamation of exploration operation activity that is submitted to the Director;

(c) "adit" means a horizontal excavation for a mine entrance, or potential mine entrance, made in connection with a coal or oil sand exploration program;

(d) "bulk sample pit" refers to an excavation established for the purposes of resource exploration and delineation, or soil testing;

(e) "cultivated land" means land that:

(

i) has been ploughed to prepare a seed bed for agricultural purposes, and

(ii) has an Ap horizon as defined in The Canadian System of Soil Classification, 3rd Edition, Publication 1646, published by Agriculture and Agri-Food Canada, 1998, as amended,

which includes, but is not limited to:

(

A) land under continuous and rotational cropping systems;

(

B) cultivated peatland;

(

C) hayland; and

(

D) grassland that has an Ap horizon and has successfully supported desired plant species;

(f) "disposition" means every instrument executed pursuant to the Public Lands Act, whereby

(

i) any estate or interest in land of the Crown, or

(ii) any right or privilege in respect of land of the Crown that is not an estate or interest in land

is or has been granted or conveyed by the Crown to any person and, without derogating from the generality of sub clauses (

i) and (ii), includes a conveyance, assurance, sale, lease, licence, permit, contract or agreement made, entered into, or issued pursuant to the Public Lands Act, but does not include a grant;

(g) "disturbed land" means any land on which the person conducting an exploration operation causes or permits to be conducted an activity that results in any disturbance, exposure, covering, erosion, degradation, or deterioration of the surface of the land in any manner;

(h) "drill hole site" means a site where drilling is conducted for the purpose of an exploration operation but does not include an oil production site;

(i) "exploration operation" means any investigation, work, or act to determine the presence of coal or oil sands by test drilling, excavation, or other means that results in surface disturbance or that may cause an adverse effect, but excludes any exploration operation that is the subject of a permit, license, or approval under the Exploration Regulation (AR 214/98);

(j) "forested land" means land that, before exploration or operation activities, is vegetated primarily with forest vegetation species;

(k) "grassland" means land that is permanently grassed and includes, but is not limited to:

(

i) native prairie and grassland,

(ii) range improvement land as defined in Dispositions and Fees Regulation (AR 54/00),

(iii) public land on which grazing dispositions or reserves have been issued, and

(iv) land controlled by a Special Areas Board pursuant to the Special Areas Act;

(l) "notice" means project-specific exploration operation information required pursuant to the Act and the regulations for the conduct or reclamation of an exploration operation;

(m) "oil sands exploration" means exploration for oil sands in the areas designated as Oil Sands Areas by Declaration of Oil Sands Areas to facilitate orderly leasing and stable regulation (IL 84/07), (1984) published by the Alberta Energy and Utilities Board, as amended;

(n) "peatland" means a permanent wetland or a wetland complex characterized by the accumulation of peat derived from plant material, and includes, but is not limited to:

(

i) bogs,

(ii) fens,

(iii) swamps, or

(iv) contained areas of shall open water bodies;

(o) "public land" means land of the Crown in right of Alberta to which the Public Lands Act applies;

(p) "regulations" means regulations under the Act;

(q) "salvage" means to collect topsoil and or subsoil in a manner that retains the original quality and quantity of the topsoil or subsoil for reclamation purposes;

(r) "sensitive areas" means lands or associated features requiring enhanced protection including but not limited to:

(

i) critical wildlife habitat,

(ii) rare and endangered plant species,

(iii) native prairies,

(iv) areas prone to erosion or other geotechnical failure, or

(

v) cultural heritage sites;

(s) "slope" means the ratio of the horizontal run to the vertical rise measured in the same units;

(t) "stockpile" means:

(

i) a pile of topsoil, subsoil, overburden, or other material that is located at an exploration operation, or

(ii) to store topsoil, subsoil, overburden, or other material at an exploration operation

as applicable;

(u) "subsoil" means the layer of soil directly below the topsoil, to a maximum depth of 1.2 metres below the topsoil surface, that consists of the B and C horizons as defined in The Canadian System of Soil Classification, 3rd Edition, Publication 1646, published by Agriculture and Agri-Food Canada, 1998, as amended;

(v) "surface water body" means any surface location where water flows or is present, whether or not the flow or the presence of water is continuous, intermittent, or occurs only during a flood and includes, but is not limited to, wetlands;

(w) "this Code of Practice" means the Code of Practice for Exploration Operations, published by the Department, as amended; and

(x) "topsoil" means the uppermost layers of soil to a maximum depth of seventy (70) centimetres that consists of:

(

i) all of the L, F, and H organic horizons,

(ii) the A and Bp mineral horizons, and

(iii) the O organic horizon to a maximum depth of forty (40) centimetres

as defined in The Canadian System of Soil Classification, 3rd edition, Publication 1646, published by Agriculture and Agri-Food Canada,1998, as amended.

PART 2: GENERAL

2.1.1 Any person who conducts or reclaims an exploration operation must do so in accordance with this Code of Practice.

2.1.4 Any person who conducts or reclaims an exploration operation shall immediately notify the Director in writing if any of the following events occur:

(

a) that person is served with a petition into bankruptcy;

(

b) that person files an assignment in bankruptcy or Notice of Intent to make a proposal;

(

c) a receiver or receiver-manager is appointed;

(

d) an application for protection from creditors is filed for the benefit of the person under any creditor protection legislation; or

(

e) any of the assets which are the subject matter of this approval are seized for any reason.

2.1.5 If the person who conducts or reclaims an exploration operation monitors for any substances or parameters which are the subject of limits in this Code of Practice more frequently than is required, using procedures authorized in this Code of Practice, then the person who conducts or reclaims an exploration operation shall provide the results of such monitoring as an addendum to the next reports required by this Code of Practice.

2.1.6 With respect to any soil sampling required pursuant to this Code of Practice, all samples shall be:

(

a) collected;

(

b) preserved;

(

c) stored;

(

d) handled; and

(

e) analysed

in accordance with procedures defined in Soil Sampling and Methods of Analyses (M.R. Carter, ed.) published by Canadian Society of Soil Science, 1993, as amended.

PART 3: NOTICE/ADMINISTRATION REQUIREMENTS

Section 3.1: Notice

3.1.1 A notice pursuant to s. 87 of the Act shall:

(

a) contain, at a minimum, all of the information specified in

Schedule 1;

(

b) contain a detailed description of the operating procedures to be used in and adjacent to sensitive areas, including, but not limited to, a contingency plan to safeguard all sensitive areas; and

(

c) be provided to the Director a minimum of two (2) weeks prior to commencing conduct of the exploration operation.

3.1.2 A person who conducts or reclaims an exploration operation, shall inform the Director in writing:

(

a) within one (1) month after any change in the information in

Schedule 1 provided in the notice; and

(

b) at least two (2) weeks prior to any change to the procedures regarding sensitive areas, required under 3.1.1(b).

Section 3.2: Written Consent of Registered Owners

3.2.1 No person shall commence or continue the conduct of an exploration operation on private land unless the written consent of all current registered owners of the land on which the exploration operation will be conducted has been obtained for the conduct of the exploration operation.

PART 4: OPERATIONAL REQUIREMENTS

Section 4.1: Activities Plan

4.1.1 No person shall commence or continue conduct or reclamation of any exploration operation unless an activities plan has been:

(

a) prepared; and

(

b) maintained current.

4.1.2 The activities plan in 4.1.1 shall contain, at a minimum, all of the information specified in

Schedule 2.

PART 5: CONSERVATION AND RECLAMATION REQUIREMENTS

Section 5.1: Soil Conservation Requirements

Soil Salvage

5.1.1 No person shall conduct or reclaim any exploration operation unless all topsoil has been:

(

a) salvaged from the area where the adit, trench, drill pad, access road, or bulk sample pit will be constructed;

(

b) salvaged separately from subsoil; and

(

c) stockpiled separately from subsoil.

5.1.2 Any person constructing an adit, trench, drill pad, access road, or bulk sample pit on:

(

a) cultivated land; or

(

b) grassland

shall salvage all subsoil.

5.1.3 Any person who constructs an adit, trench, drill pad, access road, or bulk sample pit on:

(

a) forested land; or

(

b) peatland

where the topsoil depth is less than fifteen (15) centimetres, shall:

(

i) salvage a total depth of fifteen (15) centimetres, and

(ii) stockpile that soil as topsoil.

5.1.4 Notwithstanding 5.1.2 and 5.1.3, subsoil need not be salvaged where it is rated as 'unsuitable' according to the criteria described in the Soil Quality Criteria Relative to Disturbance and Reclamation, published by Alberta Agriculture, Food and Rural Development, 1987, as amended.

5.1.5 The person who conducts or reclaims an exploration operation shall record all salvage depths of all:

(

a) topsoil; and

(

b) subsoil.

Stockpiles

5.1.6 All material excavated during the construction of any:

(

a) adit;

(

b) trench;

(

c) drill pad;

(

d) access road; or

(

e) bulk sample pit

shall be stored in stockpiles until required for reclamation purposes.

5.1.7 No person shall stockpile any material excavated during the construction of any adit, trench, drill pad, access road, or bulk sample pit unless the material:

(

a) where it is topsoil, is stockpiled on topsoil;

(

b) where it is subsoil, is stockpiled on an area from which all topsoil has been salvaged;

(

c) where it is any material other than topsoil or subsoil, is stockpiled on an area from which all:

(

i) topsoil, and

(ii) subsoil

have been salvaged; and

(

d) is stockpiled a horizontal distance greater than three (3) metres from any other stockpile.

5.1.8 The requirement in 5.1.7 (

d) does not apply where the stockpiles are composed of the same material.

5.1.9 The person who conducts or reclaims an exploration operation shall, until a self-sustaining vegetation cover is established, implement erosion control methods in disturbed areas that include, but are not limited to, the following:

(

a) slope stabilization;

(

b) cross ditching;

(

c) soil replacement; and

(

d) reseeding.

Section 5.2: Reclamation Requirements

5.2.1 The person who conducts or reclaims an exploration operation shall complete all associated reclamation within two (2) full growing seasons following the anticipated completion date of the conduct of the exploration operation, as specified in the notice.

5.2.2 No person shall leave any of the following in any replaced topsoil:

(

a) rocks;

(

b) stones;

(

c) woody debris; or

(

d) other debris

that may interfere with the proposed land use set out in the Activities Plan.

5.2.3 The person who conducts or reclaims an exploration operation shall remediate areas where:

(

a) subsidence has occurred as a result of the exploration operation; and

(

b) the subsidence may affect the return of equivalent land capability.

5.2.4 On disturbed land, the person who conducts or reclaims an exploration operation shall:

(

a) backfill, grade, and contour disturbed areas to conform with the surrounding topography;

(

b) replace soil materials salvaged for reclamation; and

(

c) revegetate so that the re-established plant community is compatible with the land use intended by the landowner.

5.2.5 The person who conducts or reclaims an exploration operation shall apply for a reclamation certificate within three (3) full growing seasons following the anticipated completion date of exploration, as specified in the notice.

5.2.6 Clause 5.2.5 does not apply to an exploration operation occurring on land that is the subject of an approval issued pursuant to the Act for the construction, operation, and reclamation of a mine.

PART 6: WASTE MANAGEMENT REQUIREMENTS

6.1.1 The person who conducts or reclaims an exploration operation shall dispose of all drill hole waste in accordance with Drilling Waste Management (Guide G-50), published by the Alberta Energy and Utilities Board, 1996, as amended.

PART 7: REPORTING REQUIREMENTS

Contravention Report

7.1.1 In addition to any other reporting required pursuant to this Code of Practice, the Act, or the regulations under the Act, the person who conducts or reclaims an exploration operation shall immediately report any contravention of this Code of Practice to the Director:

(

a) by telephone at (780) 422-4505; or

(

b) by a method:

(

i) in compliance with the release reporting provisions of the Act and the regulations, or

(ii) authorized in writing by the Director.

7.1.2 In addition to the immediate report under 7.1.1, the person who conducts or reclaims an exploration operation shall provide a report to the Director:

(

a) in writing; or

(

b) by a method:

(

i) in compliance with the release reporting provisions of the Act and the regulations, or

(ii) authorized in writing by the Director,

within seven (7) calendar days of the reporting of the contravention, or within a time period specified in writing by the Director, unless the requirement to report is waived in writing by the Director.

7.1.3 The report required under 7.1.2 shall contain, at a minimum, the following information:

(

a) a description of the contravention;

(

b) the date of the contravention;

(

c) the duration of the contravention;

(

d) the legal land description of the location of the contravention;

(

e) an explanation as to why the contravention occurred;

(

f) the name of all current registered owners of the land on which the contravention occurred;

(

g) a

summary of all preventive measures and actions that were taken prior to the contravention;

(

h) a

summary of all measures and actions that were taken to mitigate any effects of the contravention;

(

i) a

summary of all measures that will be taken to address the remaining adverse effects related to the contravention;

(

j) the date that notice was provided to the Director for the conduct or reclamation of the exploration operation;

(

k) the name of the person who was conducting or reclaiming the exploration operation at the time the contravention occurred;

(

l) the names, addresses, phone numbers, and responsibilities of all persons operating the exploration operation at the time the contravention occurred;

(

m) the names, addresses, phone numbers, and responsibilities of all persons who had charge, management, or control of the exploration operation at the time that the contravention occurred;

(

n) a

summary of proposed measures that will prevent future contraventions including a

schedule of implementation for these measures;

(

o) any information that was maintained or recorded under this Code of Practice, as a result of the incident; and

(

p) any other information required by the Director in writing.

Annual Report

7.1.4 In addition to any other reporting requirements pursuant to this Code of Practice, the Act, or the regulations, the person who conducts or reclaims an exploration operation shall produce a written report on an annual basis commencing one (1) year after the date of the notice.

7.1.5 The written report required in 7.1.4 shall contain, at a minimum:

(

a) maps providing the locations and descriptions of: drill holes, adits, trenches, drill pads, access roads, and bulk sample pits; topsoil salvage depths, subsoil salvage depths; and other surface activity completed in the past year and proposed for the current year;

(

b) a description of reclamation activities completed in the past year and proposed for the current year; and

(

c) all topsoil and subsoil salvage depths recorded under 5.1.5.

Final Annual Report

7.1.6 The person who conducts or reclaims an exploration operation shall provide the final annual report to accompany the reclamation certificate application required in 5.2.5.

Providing Information on Request

7.1.7 Any person who is required to establish or record any information pursuant to this Code of Practice shall, upon request by an inspector or the Director, provide the information requested within seven (7) days or any other time period specified by the inspector or the Director.

PART 8: RECORD KEEPING REQUIREMENTS

8.1.1 The person who conducts or reclaims an exploration operation shall establish an operating record for the exploration operation.

8.1.2 The operating record in 8.1.1 shall contain, at a minimum:

(

a) all records that are required to be kept under this Code of Practice;

(

b) all reports that are required to be prepared under this Code of Practice;

(

c) a copy of any written consent pursuant to 3.2.1;

(

d) notices submitted to the Director pursuant to 3.1.1;

(

e) the activities plan pursuant to 4.1.1;

(

f) all topsoil and subsoil salvage depths recorded under 5.1.5;

(

g) all reports of inspections conducted by Alberta Environment;

(

h) any correspondence sent to Alberta Environment;

(

i) any dispositions issued pursuant to the Public Lands Act; and

(

j) any approvals and licences issued pursuant to the Water Act.

8.1.3 Any records that are required by this Code of Practice shall be retained for a minimum of five (5) years from the date the reclamation certificate is issued for that exploration operation.

PART 9: CODE OF PRACTICE ADMINISTRATION

9.1.1 This Code of Practice will be reviewed as changes in technological or other standards warrant.

SCHEDULE 1

NOTICE INFORMATION

Pursuant to 3.1.1 of this Code of Practice, all of the following information shall be provided to the Director:

a) The name of the person who conducts or reclaims an exploration operation, and their address, phone number, facsimile number, and e-mail address;

b) The company name, if any, and the name, job title, address, phone number, facsimile number, e-mail address, and signature of the person who is submitting this notice;

c) The name, job title, address, phone number, facsimile number, and e-mail address of the person designated by the person who conducts or reclaims an exploration operation as the primary contact for the exploration operation;

d) The written consent of all registered owners of private land on which the exploration operation will be conducted for the purposes of the conduct of that activity and the provision of the consent to the Department;

e) For all land on which a drilling program will be conducted, the following shall be provided:

(

i) the municipal address, where one exists;

(ii) the legal land description (LLD);

(iii) the names, addresses, and phone numbers of all current registered owners of the lands affected by the exploration operation;

(iv) the names, addresses, and phone numbers of the current occupant(

s) of the lands affected by the exploration operation; and

(

v) the location of known sensitive areas, if any, within the lands affected by the exploration operation;

f) For all land on which any adit, trench, drill pad, access road, or bulk sample pit will be constructed, the following shall be provided:

(

i) the municipal address, where one exists;

(ii) the legal land description (LLD);

(iii) the names, addresses, and phone numbers of all current registered owners of the land;

(iv) the names, addresses, and phone numbers of the current occupant or occupants of the land;

(

v) the total area measured in hectares to be disturbed;

(vi) the total volume measured in cubic metres of any coal and oil sands to be removed; and

(vii) the location and

summary of the environmental setting of all sensitive areas that fall on or adjacent to the land on which the exploration operation is to be conducted;

g) The anticipated start date and completion date of the conduct of the exploration operation; and

h) The signature of the person who conducts or reclaims the exploration operation and the date that the signature was made.

SCHEDULE 2

ACTIVITIES PLAN

The Activities Plan must cover the expected life of the exploration operation, and must meet the objective of equivalent land capability specified in the Conservation and Regulation, A.R. 115/93, as amended.

Pursuant to 4.1.2 of this Code of Practice, all of the following information shall be included in the Activities Plan:

(

a) One or more 1:10 000, or larger, scale drawings or maps which describe the proposed area of the exploration operations, including, but not limited to, the following information:

(

i) township, range, and

section lines;

(ii) property boundaries;

(iii) land owner including any occupants and lessees;

(iv) current land use;

(

v) land currently covered by a surface disposition under the Public Lands Act, including, but not limited to, Mineral Surface Leases, Licenses of Occupation, Grazing Leases, and Natural Areas;

(vi) the location of areas where exploration will be conducted;

(vii) the area disturbed to date, including:

(

A) all disturbances developed through previous exploration operations conducted by the person who conducts or reclaims an exploration operation in the area of the current exploration operation; and

(

B) the reclamation status of exploration operations that have not yet received reclamation certification;

(viii) the location of proposed drill hole sites, individually numbered, and if applicable, future lines of drilling in the event the exploration operation extends over more than one (1) year;

(ix) the location, nature, and extent of existing and proposed infrastructure including, but not limited to, the following:

(

A) access roads;

(

B) trails; and

(

C) any other existing features which will be affected by activity during the exploration operation including, but not limited to, private works, public works, oil wells, gas wells, and pipelines;

(

x) the location and type of campsites, air landing strips, helicopter pads, or any other proposed activity or surface disturbance related to the exploration operation;

(xi) the location of all unstable areas that may be affected by the exploration operation;

(xii) vegetation cover type;

(xiii) surface water bodies;

(xiv) drainage; and

(xv) the location and type of all water crossings; and

(

b) A description of the proposed exploration operation including, but not limited to, the following:

(

i) the time

schedule of the exploration operation listing drill hole locations;

(ii) a

summary of any land use planning policies and regulations including, but not limited to, municipal plans and land use bylaws, Eastern Slopes Zoning, Integrated Resource Plans, and Wildlife Management Plans in effect in the area;

(iii) a description of the type of drilling and support equipment to be used;

(iv) a description of procedures to be used to contain and dispose of drilling fluids and cuttings;

(

v) a description of the operating procedures to be used in sensitive areas, including, but not limited to, the contingency plan to safeguard sensitive areas;

(vi) a description of the nature and extent, including area or length as appropriate, of any clearing and disturbance associated with drill sites, new access routes, existing access routes, and any other activity required for the exploration operation;

(vii) a description of topsoil salvage, or handling procedures;

(viii) a description of proposed reclamation procedures and time scheduling for interim and permanent reclamation;

(ix) a description of anticipated reclaimed land conditions;

(

x) a description of how the proposed siting of access roads and drill sites will avoid unstable or steep slopes adjacent to watercourses or water bodies;

(xi) a description of how road gradients will be designed to protect against erosion;

(xii) a description of techniques that will be used to prevent wind erosion;

(xiii) a description of techniques that will be used to prevent water erosion;

(xiv) a description of the seed mixtures or other forms of vegetative material proposed to be used to revegetate disturbed areas;

(xv) a description of when the person who conducts or reclaims an exploration operation will suspend conduct or reclamation of the exploration operation where conditions exist that cause or may cause an adverse effect to land or water bodies, including, but not limited to, the following:

(

A) erosion;

(

B) sedimentation of any watercourse or water body; or

(

C) mixing, loss, or degradation of topsoil; and

(xvi) a description of the method for the person who conducts or reclaims an exploration operation to notify the Director when conduct or reclamation of the exploration operation are suspended or recommenced.

______________

Code of Practice for Small Incinerators

(made under the Environmental Protection and Enhancement Act

RSA 2000, c.E-12, as amended and

Waste Control Regulation (AR 192/96), as amended)

Table of Contents

Definitions

2. General Requirements

3. Analytical Requirements

4. Registration Application/Administration Requirements

5. Design Requirements

6. Operational and Emission Requirements

7. Monitoring Requirements

8. Closure Requirements

9. Reporting Requirements

10. Record Keeping Requirements

11. Code of Practice Administration

Schedule 1 Registration Information for Small Incinerators

Section 1:

Definitions

1.1 All

definitions in the Act and the regulations under the Act apply except where expressly defined in this Code of Practice.

1.2 In this Code of Practice:

(a) "Act" means the Environmental Protection and Enhancement Act, RSA 2000, c.E-12, as amended;

(b) "auxiliary burner" means a burner that fires auxiliary fuel in a small incinerator for the purpose of:

(

i) preheating,

(ii) drying and igniting solid waste, or

(iii) maintaining adequate operating temperatures;

(c) "ISO 17025" means the international standard, developed and published by International Organization for Standardization (ISO), specifying the management and technical requirements for laboratories to demonstrate their technical competence to perform defined tests and produce valid data and results;

(d) "kPa" means kilopascal;

(e) "mg/kg" means milligrams per kilogram;

(f) "mg/L" means milligrams per litre;

(g) "mobile incinerator" means an incinerator that:

(

i) is not fixed to any location, and

(ii) is operated at any one (1) location for a total of not more than 365 days in two (2) consecutive calendar years;

(h) "primary chamber" means the chamber of a small incinerator into which waste is added;

(i) "Professional Engineer" means a professional engineer or registered professional technologist (engineering) under the Engineering, Geological and Geophysical Professions Act or an equivalent professional designation from other jurisdiction;

(j) "registration holder" means a person who has been issued a registration under the Act for the construction, operation, or reclamation of a small incinerator;

(k) "regulations" mean the regulations under the Act;

(l) "Rm3" means cubic metre of air at the reference conditions of twenty-five (25) degrees Celsius and 101.325 kPa;

(m) "secondary combustion chamber" also known as afterburner, means the chamber of a small incinerator where the flue gas from the primary chamber is heated to a temperature that will destroy the waste;

(n) "small incinerator" means:

(

i) a mobile incinerator that, by means of burning under control conditions, treats waste that contains:

(

A) halogenated organic compounds in an amount of not more than one thousand (1000) milligrams per kilogram of waste,

(

B) polychlorinated biphenyls in an amount of not more than fifty (50) milligrams per kilogram of waste,

(

C) lead in an amount of not more than one hundred (100) milligrams per kilogram of waste, or

(

D) mercury in an amount of not more than two (2) milligrams per kilogram of waste; and

(ii) an incinerator that, by means of burning under controlled conditions, treats not more than ten (10) tonnes of waste per month, and:

(

A) is fixed to one location, or

(

B) is operated at any one (1) location for a total of more than 365 days in two (2) consecutive calendar years,

but does not include an incinerator that:

(iii) is used by one single-family detached dwelling to burn household waste generated only by that household,

(iv) is used for burning kitchen camp wastes at a mining, construction, demolition, drilling or exploration site,

(

v) is used for burning human bodies at a crematory that is licensed under the Cemeteries Act, or

(vi) is governed by an authorization issued under the Oil and Gas Conservation Act.

(o) "TEQ" means dioxin toxic equivalent with respect to the following toxicity equivalency factors:

Congeners Toxicity Equivalency Factor

2,3,7,8-tetrachloro-dibenzo-p-dioxin 1.000

1,2,3,7,8-pentachloro-dibenzo-p-dioxin 0.500

1,2,3,4,7,8-hexachloro-dibenzo-p-dioxin 0.100

1,2,3,6,7,8-hexachloro-dibenzo-p-dioxin 0.100

1,2,3,7,8,9-hexachloro-dibenzo-p-dioxin 0.100

2,3,7,8-tetrachloro-dibenzofuran 0.100

1,2,3,7,8-pentachloro-dibenzofuran 0.050

2,3,4,7,8-pentachloro-dibenzofuran 0.500

1,2,3,4,7,8-hexachloro-dibenzofuran 0.100

1,2,3,6,7,8-hexachloro-dibenzofuran 0.100

1,2,3,7,8,9-hexachloro-dibenzofuran 0.100

2,3,4,6,7,8-hexachloro-dibenzofuran 0.100

(p) "thermal desorber" means a small incinerator that:

(

i) uses indirect heat to separate volatile organic compounds from a waste, and

(ii) destroys these volatile organic compounds in a combustion chamber; and

(q) "this Code of Practice" means the Code of Practice for Small Incinerators, published by the Department, as amended.

Section 2: General Requirements

2.1 Any registration holder who operates a small incinerator, must do so in accordance with this Code of Practice.

2.5 Subject to 2.6, if the registration holder monitors for any substances or parameters which are the subject of limits in this Code of Practice more frequently than is required, using procedures authorized in this Code of Practice, then the registration holder shall provide the results of such monitoring as an addendum to the next reports required by this Code of Practice.

2.6

Section 2.5 does not apply to short term testing or monitoring of operational changes, new processes, or technologies that do not cause an adverse effect.

2.7 The registration holder shall immediately notify the Director in writing if any of the following events occur:

(

a) the registration holder is served with a petition into bankruptcy;

(

b) the registration holder files an assignment in bankruptcy or Notice of Intent to make a proposal;

(

c) a receiver or receiver-manager is appointed;

(

d) an application for protection from creditors is filed for the benefit of the registration holder under any creditor protection legislation; or

(

e) any of the assets, which are the subject matter of this Code of Practice, are seized for any reason.

Section 3: Analytical Requirements

3.1 Any sample required pursuant to this Code of Practice shall be:

(

a) collected;

(

b) preserved;

(

c) stored;

(

d) handled; and

(

e) analysed

in accordance with:

(

i) the Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, published by the United States Environmental Protection Agency, 1998, as amended,

(ii) the Alberta Stack Sampling Code, published by Alberta Environment, 1995, as amended,

(iii) the Methods Manual for Chemical Analysis of Atmospheric Pollutants, AEC V93-M1, Alberta Environmental Centre, 1993, as amended,

(iv) the Air Monitoring Directive, Alberta Environment,1989, as amended,

(

v) the Standard Methods for the Examination of Water and Waste Water, 20th edition, 1998, published by the American Public Health Association, American Water Works Association, and Water Environment Federation, as amended, or

(vi) any other equivalent method authorized in advance in writing by the Director.

3.2 The registration holder shall analyse all samples that are required to be obtained by this Code of Practice in a laboratory accredited pursuant to ISO 17025 standard, as amended, for the specific parameter(

s) to be analysed, unless otherwise authorized in writing by the Director.

Section 4: Registration Application / Administration Requirements

4.1 An application for a registration of a small incinerator shall contain, at a minimum, the information specified in

Schedule 1.

4.2 The technical assessment of the small incinerator referred to in clause (

f) of

Schedule 1 shall be signed and stamped by a Professional Engineer, the manufacturer, or the supplier of the equipment.

4.3 Where a registration has been issued regarding a particular small incinerator, that registration applies only to that small incinerator, and shall not be applied to any other small incinerator.

4.4 A registration holder shall provide written notice to the Director within fourteen (14) calendar days of any change in the information provided in the application for the registration, regarding:

(

a) the maximum volume of wastes to be treated on a monthly basis;

(

b) change in the chemical characteristics of the wastes that affects the classification of the waste;

(

c) the name, address, and phone number of the registration holder; and

(

d) the name, address, and phone number of the person who has charge, management, or control of the small incinerator.

Section 5: Design Requirements

5.1 No person shall operate a small incinerator that has no secondary chamber unless the small incinerator is equipped with:

(

a) an auxiliary burner;

(

b) a spark arrestor;

(

c) a temperature recording system, which:

(

i) measures, and

(ii) continuously records

the temperature of the flue gas in the primary chamber, subject to 5.5; and

(

d) a flue gas stack with a top that is at an elevation of at least:

(

i) four (4) metres above the ground, and

(ii) two (2) metres above any natural or man-made structure located within ten (10) metres of the small incinerator.

5.2 No person shall operate a small incinerator that has both a primary combustion chamber and a secondary combustion chamber unless the small incinerator is equipped with:

(

a) an auxiliary burner;

(

b) a temperature recording system, which:

(

i) measures, and

(ii) continuously records

the temperature of the flue gas in the primary combustion chamber, subject to 5.5;

(

c) a temperature recording system which:

(

i) measures, and

(ii) continuously records

the temperature of the flue gas in the secondary chamber, subject to 5.5; and

(

d) a flue gas stack with a top that is at an elevation of at least:

(

i) four (4) metres above the ground, and

(ii) two (2) metres above any natural or man-made structure located within ten (10) metres of the small incinerator.

5.3 Subsections 5.1(

d) and 5.2(

d) do not apply where the small incinerator is operated at a location that is 1.5 kilometres or more from:

(

a) the boundary of a city, town, village, hamlet, or summer village; or

(

b) a residence or business.

5.4 The temperature of:

(

a) the flue gas in the primary combustion chamber; and

(

b) the flue gas in the secondary combustion chamber

shall be recorded continuously, subject to 5.5.

5.5 The temperature recording system referred to in 5.1(c)(ii), 5.2(b)(ii), and 5.2(c)(ii) is not required to be continuous in the combustion chambers of:

(

a) batch small incinerators that burn less than ninety (90) kilograms of non-hazardous waste per hour; or

(

b) thermal desorbers used for the removal of non-halogenated organic compounds from waste or contaminated soil.

5.6 The temperature recording system for the small incinerators referred to in 5.5(

a) and (

b) shall:

(

a) measure; and

(

b) record

the temperature of the flue gas in the combustion chamber or in the treated waste or soil, as applicable, while the waste is being burned.

Section 6: Operational and Emission Requirements

6.1 The registration holder operating a small incinerator that has no secondary combustion chamber shall not burn waste that contains any of the following:

(

a) halogenated organic compounds in a total amount greater than fifty (50) mg/kg of waste;

(

b) lead in an amount greater than one hundred (100) mg/kg of waste; or

(

c) mercury in an amount greater than two (2) mg/kg of waste.

6.2 Subject to 6.3, emissions from a small incinerator shall not exceed any of the following limits:

(

a) a maximum one (1) hour average concentration of fifty (50) milligrams of particulate matter per Rm3;

(

b) a maximum one hour average concentration of seventy five (75) milligrams of hydrogen chloride per Rm3;

(

c) a maximum one hour average concentration of fifty seven (57) milligrams of carbon monoxide per Rm3;

(

d) visible emissions of twenty (20) percent opacity averaged over a period of six (6) consecutive minutes, determined in accordance with

Part 1 of the Substance Release Regulation (AR 124/93);

(

e) a maximum one hour average concentration of eighty (80) pg TEQ of dioxins and furans per Rm3; and

(

f) a maximum one hour average concentration of twenty (20) æg of mercury per Rm3.

6.3 The emission limits in 6.2(

e) and (

f) apply only to a small incinerator that has both a primary combustion chamber and a secondary combustion chamber if the following criteria are met:

(

a) the registration holder burns waste with:

(

i) halogenated organic compounds at levels which exceed a total amount greater than fifty (50) mg/kg of waste, or

(ii) mercury in an amount greater than two (2) mg/kg of waste; and

(

b) the burning is done on or after January 1, 2006.

6.4 Subject to 6.6, no person shall operate a small incinerator that has no secondary combustion chamber unless the operating temperature is at least five hundred (500) degrees Celsius.

6.5 Subject to 6.6, no person shall operate a small incinerator that is equipped with both a primary combustion chamber and a secondary combustion chamber unless the operating temperatures are at least:

(

a) Five-hundred (500) degrees Celsius in the primary combustion chamber; and

(

b) Eight hundred seventy (870) degrees Celsius in the secondary combustion chamber.

6.6 No person shall operate a thermal desorber unless:

(

a) the temperature in the combustion chamber is greater than the boiling point of the least volatile chemical constituent in the waste or contaminated soil being treated; and

(

b) the operation complies with the design, operation, and control systems of the small incinerator, as specified by the manufacturer.

6.7 All wastes and wastewater resulting from the small incinerator shall be:

(

a) handled in compliance with the Waste Control Regulation; and

(

b) disposed of or recycled in a manner authorized under the Act.

Section 7: Monitoring Requirements

7.1 The monitoring referred to in 5.6 for the temperature of the flue gas in the combustion chamber or in the treated waste or soil, as applicable, shall be conducted at least once per day or once for each different batch of wastes being processed, whichever represents a shorter period.

7.2 Prior to, or during operation of the small incinerator, and as often as there is a change in the nature of the waste burned, the registration holder shall collect data on:

(

a) the waste characteristics, including the parameters specified in 6.1; and

(

b) the expected or actual emissions as specified in 6.2.

7.3 Subject to 7.4, a person responsible for a small incinerator shall complete a manual stack survey:

(

a) within six (6) months of commencement of burning waste that contains:

(

i) halogenated organic compounds in a total amount greater than fifty (50) mg/kg of waste,

(ii) lead in an amount greater than one-hundred (100) mg/kg of waste,

(iii) mercury in an amount greater than two (2) mg/kg of waste; or

(

b) as requested in writing by the Director.

7.4 Upon application and submission by the person responsible for the small incinerator the Director may exempt the person from the test under 7.3. by notice in writing.

7.5 At least two (2) weeks prior to conducting a manual stack survey required in 7.3, the registration holder shall notify the Director in writing that the manual stack survey will be undertaken.

7.6 The manual stack survey required under

section 7.3 shall meet the following requirements:

(

a) the stack gas must be analysed for the parameters set out in

section 6.2, as applicable;

(

b) the operating temperatures of all combustion chambers must be recorded; and

(

c) the manual stack survey must comply with the sampling procedures in the Alberta Stack Sampling Code, 1995, published by Alberta Environment, as amended.

7.7 In addition to the collection and analysis of samples under this Code of Practice, the registration holder shall:

(

a) collect;

(

b) analyse; and

(

c) provide the Director with results of

any additional samples that are required in writing by the Director.

Section 8: Closure Requirements

8.1 Where a small incinerator:

(

a) has ceased operations permanently; or

(

b) has not been operated for a period of twelve (12) consecutive months;

the registration holder shall notify the Director in writing within thirty (30) calendar days after the respective event.

Section 9: Reporting Requirements

9.1 In addition to any other reporting required pursuant to this Code of Practice, the Act, or the regulations, the registration holder shall immediately report any contravention of this Code of Practice to the Director, either:

(

a) by telephone at (780) 422-4505; or

(

b) by a method:

(

i) in compliance with the release reporting provisions in the Act and the regulations, or

(ii) authorized in writing by the Director.

9.2 In addition to the immediate report in 9.1, the registration holder shall provide a report to the Director:

(

a) in writing; or

(

b) by a method:

(

i) in compliance with the release reporting provisions in the Act and the regulations, or

(ii) authorized in writing by the Director

within seven (7) calendar days of the discovery of the contravention, or within a time period specified in writing by the Director, unless the Director waives the requirement for a report.

9.3 The report required under 9.2 shall contain, at a minimum, the following information:

(

a) a description of the contravention;

(

b) the date, time, and duration of the contravention;

(

c) the address or legal land description (LLD) of the location of the contravention;

(

d) the name of the registered owner or owners of the land on which the contravention occurred;

(

e) the name, address, phone number, and responsibilities of all persons operating the small incinerator at the time the contravention occurred;

(

f) an explanation as to why the contravention occurred including, but not limited to, a comparison of operating conditions at the time the contravention to normal operating conditions;

(

g) a

summary of all measures and actions that were taken to mitigate any effects of the contravention;

(

h) a

summary of all measures that will be taken to address the remaining effects and potential effects related to the contravention;

(

i) the name, address, phone number, and responsibilities of all persons who had charge, management, or control of the small incinerator at the time the contravention occurred;

(

j) a

summary of proposed measures that will prevent future contraventions, including a

schedule of implementation for these measures;

(

k) any information that was maintained or recorded under this Code of Practice, as a result of the incident; and

(

l) any other information required by the Director in writing.

9.4 A registration holder, who is required to complete a manual stack survey under 7.3 shall, within sixty (60) days of completion of the manual stack survey, provide to the Director a copy of the manual stack survey results.

Section 10: Record Keeping Requirements

10.1 The registration holder shall:

(

a) record the following information;

(

b) maintain the following information; and

(

c) keep the following information available for five (5) years after the creation of the record:

(

i) all records that are required under this Code of Practice,

(ii) the results of any recording, monitoring, analysis, and any stack testing that are carried on pursuant to this Code of Practice, including the method of testing used,

(iii) the source, quantity, and characteristics of waste incinerated on a per monthly basis,

(iv) the quantity, type, and disposal location of all wastes resulting from operation of the small incinerator, on a monthly basis,

(

v) a description of all maintenance and repairs made to the small incinerator including:

(

A) the date of the maintenance;

(

B) a description of the maintenance conducted; and

(

C) the name of person conducting the maintenance,

(vi) a copy of all applications submitted to the Department for a registration,

(vii) design drawings and specifications for the small incinerator,

(viii) all reports of inspections conducted by the Department,

(ix) the registration issued under the Act for the activity, and

(

x) all correspondence with the Department regarding the small incinerator.

10.2 The results and records in 10.1(

a) and 10.1(

c) shall contain, at a minimum, all of the following information:

(

a) the date, place, and time of monitoring, and the name of the person collecting the sample;

(

b) the date of analysis;

(

c) the laboratory name and person responsible for performing analysis;

(

d) the analytical method used; and

(

e) the results of the analysis.

10.3 Prior to commencing operation of a mobile incinerator at a new location, the person responsible shall prepare an information sheet, which shall include, but is not limited to, the following information with respect to the small incinerator:

(

a) the registration;

(

b) the name, address, and phone number of the person who holds the registration;

(

c) the name of the company and/or persons who will have control of the mobile incinerator on behalf of the registration holder;

(

d) the name, address, and phone number of the person responsible for the small incinerator;

(

e) the name and mailing address of the waste generator from whom the waste was received;

(

f) the name and address of the registered owner of the land on which the mobile incinerator will operate;

(

g) a site plan showing the proposed operating location;

(

h) a map showing water bodies, residences, institutions, and commercial and industrial developments within a 1.5 kilometre radius of the site at which the small incinerator will operate; and

(

i) the planned duration of the operation.

10.4 The requirements in 10.3 do not apply to a mobile incinerator that:

(

a) operates for less than seven (7) days in two (2) consecutive months at the same location; and

(

b) burns less than ten (10) tonnes of waste per month.

10.5 A registration holder shall, upon request by an inspector or Director, provide to the inspector or Director, a copy of the registration issued under the Act, any accompanying correspondence, and any records or data regarding the small incinerator.

Section 11: Code of Practice Administration

11.1 This Code of Practice will be reviewed as changes in technological and other standards warrant.

SCHEDULE 1

REGISTRATION INFORMATION FOR SMALL INCINERATORS

Pursuant to 4.1 of this Code of Practice, all of the following information shall be provided to the Director:

(

a) The name of the intended registration holder, their address, phone number, facsimile number, and e-mail address;

(

b) The company name (if any) and the name, job title, address, phone number, facsimile number, e-mail address, and signature of the person who submitted the registration application on behalf of the intended registration holder;

(

c) If a person other than the intended registration holder submitted the registration application, written authorization is required from the intended registration holder, stating that the person who submitted the registration application was authorized to do so on behalf of the intended registration holder;

(

d) The name, job title, address, phone number, facsimile number, and e-mail address of the person designated by the intended registration holder as the primary contact for the small incinerator;

(

e) The municipal address (if one exists), or legal land description (LLD) on which the small incinerator is or will be located;

(

f) A technical assessment of the small incinerator, which includes but is not limited to:

(

i) the make, model, and serial number of the incinerator,

(ii) type of incinerator,

(iii) the design and number of combustion chambers,

(iv) the operating temperature(

s) of the combustion chambers,

(

v) the operating temperatures of the desorption and combustion chambers of a thermal desorber,

(vi) any modifications to the small incinerator,

(vii) equipment to be used in conjunction with the small incinerator,

(viii) the actual and rated capacity, as specified by the manufacturer, in kilograms per hour,

(ix) the source, quantity, and chemical characteristics of wastes or contaminated soils expected to be processed,

(

x) the proposed disposal location of any wastes resulting from the operation, and

(xi) monitoring to be conducted.

In consideration of the information required above, and the information required in an Activities Plan, the Director waives the requirements of subsection 3(1)(

a) through (

o) of the Approvals and Registrations Procedure Regulation, A.R. 113/93, as amended from time to time, for a registration application under this Code of Practice.

______________

Code of Practice for Land Treatment of Soil Containing Hydrocarbons

(made under the Environmental Protection and Enhancement Act

RSA 2000, c.E-12, as amended and

Waste Control Regulation (AR 192/96), as amended)

Table of Contents

Definitions

2. General Requirements

2.1 General

2.2 Analytical Requirements

2.3 Classification of Registered Site

3. Registration Application/Administration Requirements

3.1 Registration

3.2 Written Consent of Registered Owners

4. Site and Design Requirements

5. Operational Requirements

5.1 General Operating Requirements

5.2 Periodic Monitoring Requirements for a Class I Registered Site

6. Decommissioning and Closure Requirements

7. Reporting Requirements

7.1 Contravention Reporting

8. Record Keeping Requirements

9. Code of Practice Administration

Schedule 1 Registration Information

PART 1:

DEFINITIONS

1.1.1 All

definitions in the Act and the regulations apply except where expressly defined in this Code of Practice.

1.1.2 In this Code of Practice:

(a) "Act" means the Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12, as amended;

(b) "barrier" means a continuous layer of low permeability material, either synthetic or compacted fine-grained soil, constructed as the base of a land cell to restrict downward movement of contaminants;

(c) "berm" means an earthen embankment constructed around each land cell;

(d) "coarse-grained soil" means soil that has a median grain size equal to or greater than seventy-five (75) micrometres, determined in accordance with the Standard Test Method for Particle-Size Analysis of Soils, published by the American Society for Testing and Materials, Test Method D422-63, 1998, as amended;

(e) "cm/s" means centimetres per second;

(f) "cultivate" means till, turn, or mix;

(g) "down-gradient" means in the primary lateral direction of groundwater flow;

(h) "F1", "F2", "F3", or "F4" means the specific hydrocarbon fraction measured by the analytical methods described in the Reference Method for the Canada-Wide Standard for Petroleum Hydrocarbons in Soil - Tier 1 Method, published by the Canadian Council of Ministers of the Environment, 2001, as amended;

(i) "fine-grained soil" means soil that has a median grain size less than seventy-five (75) micrometres, determined in accordance with the Standard Test Method for Particle-Size Analysis of Soils, published by the American Society for Testing and Materials, Test Method D422-63, 1998, as amended;

(j) "in situ" means in the natural or original position or place;

(k) "ISO 17025" means the international standard, developed and published by International Organization for Standardization (ISO), specifying the management and technical requirements for laboratories to demonstrate their technical competence to perform defined tests and produce valid data and results;

(l) "land cell" means a specific designated portion of a registered site on which the land treatment of SCH is, was or will be carried on;

(m) "mg/kg" means milligrams per kilogram;

(n) "mg/L" means milligrams per litre;

(o) "one source" means a single location from which SCH that is land treated has been generated;

(p) "registered site" means the particular land for which a registration has been issued under the Act for the land treatment of SCH;

(q) "registration holder" means a person who has been issued a registration under the Act and the regulations;

(r) "regulations" means the regulations under the Act;

(s) "representative groundwater sample" means a groundwater sample that represents the in situ groundwater;

(t) "run-off" means any rainwater or meltwater that drains as surface flow from a land cell;

(u) "SCH" means soil containing hydrocarbons;

(v) "this Code of Practice" means the Code of Practice for Land Treatment of Soil Containing Hydrocarbons, published by the Department, as amended;

(w) "uppermost formation" means a continuous, water-saturated, geological stratum including, but not limited to, sand lenses and aquifers, that is projected to be the most probable pathway for the lateral transport of potentially contaminated groundwater;

(x) "water body" means a water body as defined in the Water Act.

PART 2: GENERAL REQUIREMENTS

Section 2.1: General

2.1.1 Any person who constructs, operates, or reclaims a registered site, must do so in accordance with this Code of Practice, unless the site is the subject of an approval issued under s.6(3) of the Activities Designation Regulation.

2.1.5 If the registration holder monitors for any substances or parameters which are the subject of limits in this Code of Practice more frequently than is required, using procedures authorized in this Code of Practice, then the registration holder shall provide the results of such monitoring as an addendum to the next reports required by this Code of Practice.

Section 2.2: Analytical Requirements

2.2.1 With respect to any sample required pursuant to this Code of Practice, all samples shall be:

(

a) collected;

(

b) preserved;

(

c) stored;

(

d) handled; and

(

e) analyzed

in accordance with the following:

(

i) for water, run-off, and liquid samples:

(

A) the Standard Methods for Examination of Water and Wastewater, 20th edition, 1998, published by the American Public Health Association, American Water Works Association, and Water Environment Federation, as amended;

(

B) the Methods Manual for Chemical Analysis of Water and Waste, published by Alberta Environment, 1996, as amended;

(

C) for F1 and F2, the Water Analysis methods listed in Appendix A of the Risk Management Guidelines for Petroleum Storage Tank Sites, published by Alberta Environment, 2001, as amended; or

(

D) any other equivalent method authorized in writing in advance by the Director; and

(ii) except where otherwise specified in this Code of Practice, for soil and SCH samples, as the case may be:

(

A) the Reference Method for the Canada Wide Standard for Petroleum Hydrocarbons in Soil - Tier I Method, published by the Canadian Council of Ministers of the Environment, 2001, as amended;

(

B) the Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846 manual, published by the United States Environmental Protection Agency, as amended;

(

C) Soil Sampling and Methods of Analysis, Martin R. Carter editor, published by the Canadian Society of Soil Science, 1993, as amended; or

(

D) any other equivalent method authorized in writing in advance by the Director.

2.2.2 The registration holder shall analyse all samples that are required to be obtained by this Code of Practice in a laboratory accredited pursuant to ISO 17025 standard, as amended, for the specific parameter(

s) to be analyzed, unless otherwise authorized in writing by the Director.

Section 2.3: Classification of Registered Site

2.3.1 A registered site used or to be used for the land treatment of SCH is deemed to be a Class II registered site if the following conditions are met:

(

a) the SCH is from one source; and

(

b) the maximum period of time the registered site is used to carry on the land treatment of SCH is two (2) consecutive years from the first date on which the SCH was received at the registered site.

2.3.2 A registered site that is not deemed to be a Class II registered site under 2.3.1, is deemed to be a Class I registered site.

PART 3: REGISTRATION APPLICATION/

ADMINISTRATION REQUIREMENTS

Section 3.1: Registration

3.1.1 An application for registration of a site shall contain, at a minimum, the following information:

(

a) the information specified in

Schedule 1; and

(

b) a declaration of whether the site referred to in the application for registration is to be a Class I registered site or a Class II registered site, as specified in 2.3.

3.1.2 Where a registration has been issued respecting a particular registered site, that registration cannot be applied to any other land.

3.1.3 Subject to 3.2.2(a), 5.1.13 and 5.1.14, and in addition to any other reporting required under this Code of Practice, the Act, and the regulations, the registration holder shall inform the Director in writing within three (3) months after any change to the information submitted to the Director in a registration application.

Section 3.2: Written Consent of Registered Owners

3.2.1 No person shall commence or continue land treatment of SCH unless and until written consent of all registered owners of the land on which the registered site is located has been obtained for the conduct of land treatment of SCH at the registered site.

3.2.2 Where a registered landowner of land on which a registered site for land treatment of soil containing hydrocarbons withdraws consent for the operation of land treatment of soil containing hydrocarbons, the registration holder shall:

(

a) within seven (7) days of receipt of written withdrawal of consent, provide the Director with a copy of the written withdrawal of consent; and

(

b) comply with the written directions of the Director.

PART 4: SITE AND DESIGN REQUIREMENTS

4.1.1 Subject to 4.1.7, no person shall commence or continue land treatment of SCH on a registered site:

(

a) where the boundaries of the land cell are within one-hundred (100) metres of the property boundary of land on which a school, hospital, food establishment, or residence is located;

(

b) where the boundaries of the land cell are within one-hundred (100) metres of the bed, shore, or bank of a water body unless authorized in writing by the Director;

(

c) where the boundaries of the land cell are within any area that permanently or intermittently contains surface water as a result of a man-made structure including, but not limited to, any irrigation canal, drainage ditch, or reservoir, or within one-hundred (100) metres of the bed, shore, or bank of any such area;

(

d) where the boundaries of the land cell are within any area specified under the Wildlife Act or the Migratory Birds Convention Act, 1994, c.22, as a wildlife habitat conservation area, a wildlife sanctuary, or a migratory bird sanctuary;

(

e) where any portion of the land cell is located on coarse-grained soil; or

(

f) where coarse-grained soil occurs within two metres beneath the ground surface of any portion of the land cell.

4.1.2 Subject to 4.1.7, no person shall commence or continue land treatment of SCH in a land cell on a registered site unless the land cell meets the following minimum requirements:

(

a) the land cell is surrounded by berms that:

(

i) allow no surface water to flow onto the land cell from areas surrounding the land cell, and

(ii) for a Class II registered site, collect and control all run-off resulting from a one (1) in ten (10) year, 24-hour duration rainfall event;

(

b) the land cell is graded to a slope that does not exceed nine (9) percent; and

(

c) the maximum depth of cultivation of the soil that occurs in the land cell is a minimum of one metre above the water table.

4.1.3 Berms must be constructed by either:

(

a) compacting fine-grained soils; or

(

b) placing a synthetic material along the entire interior wall.

4.1.4 Where a barrier is constructed,

(

a) there shall be no gap between the barrier and the berm; and

(

b) at a Class I registered site, the land cell must be graded to a sump for collection and removal of run-off.

4.1.5 Where a barrier is constructed, the barrier must have a maximum seepage rate equivalent to that of a compacted clay liner that:

(

a) is under 0.3 metres head of water;

(

b) has a hydraulic conductivity of 1 x 10-7 cm/s; and

(

c) has a thickness of:

(i) 0.6 metres for a Class I registered site, measured perpendicular to the barrier and sump surface, or

(ii) 0.3 metres for a Class II registered site, measured perpendicular to the barrier surface.

4.1.6 No person shall commence or continue land treatment of SCH in a land cell on a Class I registered site unless that Class I registered site has a run-off retention pond that:

(

a) collects and retains all run-off removed from the land cell(s);

(

b) has the capacity to retain precipitation resulting from a one (1) in twenty-five (25) year, twenty-four (24)-hour duration rainfall event; and

(

c) has a maximum seepage rate equivalent to that of a compacted clay liner that:

(

i) is under 0.3 metres head of water,

(ii) has a hydraulic conductivity of 1 x 10-7 cm/s, and

(iii) is 0.3 metres in thickness.

4.1.7 Clauses 4.1.1(e), 4.1.1(f), 4.1.2(b), and 4.1.2(

c) do not apply to a land cell that contains a barrier.

PART 5: OPERATIONAL REQUIREMENTS

Section 5.1: General Operating Requirements

5.1.1 No person shall commence or continue land treatment of SCH at any location on a registered site except in a land cell.

5.1.2 No person shall land treat SCH at a registered site unless:

(

a) representative samples have been collected of

(

i) the SCH prior to treatment, and

(ii) the SCH or treated soil already present in the land cell if additional SCH is to be placed on top.

(

b) representative samples referred to in (

a) have been analyzed for:

(

i) F1,

(ii) F2,

(iii) F3, and

(iv) F4;

(

c) results of the analyses required under (

b) have been recorded, and

(

d) the total concentration of F1, F2, F3, and F4 does not exceed three (3) percent by dry weight, as indicated by the results of the analyses of each representative sample.

5.1.3 In addition to any other requirements in the Act or the regulations, and notwithstanding any other provision in this Code of Practice, the registration holder shall temporarily store SCH in a land cell prior to land treatment on a registered site only where the following conditions are met:

(

a) stored SCH will be treated in a land cell on that registered site; and

(

b) the total concentration of petroleum hydrocarbons in the SCH to be stored in the land cell does not exceed three (3) percent by dry weight.

5.1.4 No person shall apply SCH in a land cell on a registered site if any of the following conditions are present:

(

a) the thickness of the layer of SCH in the land cell after application of SCH exceeds the depth that can be cultivated where:

(

i) the treatment process requires cultivation of SCH, and

(ii) no barrier is used;

(

b) the thickness of the layer of SCH that will be in the land cell after application of SCH would be greater than twenty (20) centimetres where:

(

i) the treatment process requires cultivation of SCH, and

(ii) a barrier is used;

(

c) the SCH that will be applied to the land cell would be placed on top of SCH that does not meet all the parameter concentration limits specified in Table 5-2 or Table 5-3, as the case may be, for the applicable use of the registered site after it is reclaimed, as determined by testing in accordance with 6.1.1.

5.1.5 No person shall commence or continue land treatment of SCH on a registered site unless:

(

a) access to the registered site is restricted to persons authorized by the registration holder;

(

b) signage is posted around the boundaries on each side of the registered site:

(

i) stating that land treatment of SCH is being carried on, and

(ii) providing a contact telephone number; and

(

c) subject to 5.1.6, where the treatment process requires cultivation of SCH, at least once every four (4) weeks:

(

i) where no barrier is used, the full thickness of the SCH that has been applied to the land cell is cultivated, or

(ii) where a barrier is used, at least seventy-five (75) percent of the full thickness of the SCH that has been applied over the barrier is cultivated.

5.1.6 Where the SCH or the receiving soil in the land cell is saturated with water, covered with ice or snow, or is frozen, a person carrying on land treatment of SCH on a registered site is not required to cultivate the SCH as specified in 5.1.5(c).

5.1.7 Run-off on a Class I registered site shall be removed from the land cell to the run-off retention pond.

5.1.8 No person shall permit the release of any run-off from:

(

a) a Class II registered site; or

(

b) a run-off retention pond, referred to in 4.1.6, of a Class I registered site, unless the run-off:

(

i) has been tested prior to the release, and

(ii) is released into a wastewater system of a municipality where:

(

A) the wastewater system has been issued an approval or registration under the Act, and

(

B) the municipality has consented in writing to the release of run-off into its wastewater system; or

(iii) is released to the environment where the quality of the run-off that is released meets all of the limits specified in Table 5-1, as determined from a sample analyzed for all of the parameters specified in Table 5-1, or

(iv) is disposed of at a facility authorized under the Act or the Oil and Gas Conservation Act for the disposal of that type of waste.

5.1.9 The registration holder shall record results of the analyses required under 5.1.8(c).

Table 5-1: Quality Limits for Release of Run-off

Parameter

Limit

Total Suspended Solids

25 mg/L maximum

Chemical Oxygen Demand

50 mg/L maximum

Oil and Grease

No visible sheen

6.0 to 9.5 units

5.1.10 Upon request of the Director or an inspector, the registration holder shall:

(

a) obtain samples of run-off and liquids;

(

b) conduct analyses as requested by the Director or inspector;

(

c) record results of analyses; and

(

d) provide results of analyses conducted on samples to the Director or inspector.

5.1.11 Subject to 5.1.12, no person shall remove soil or SCH from a registered site unless:

(

a) samples have been collected of the soil and SCH that will be removed from the registered site in accordance with the sampling requirements specified in Table 5-4 or Table 5-6, as the case may be;

(

b) the samples referred to in (

a) have each been analyzed for all the parameters specified in Table 5-2 or Table 5-3, as the case may be;

(

c) results of analyses referred to in (

b) have been recorded;

(

d) the analytical results of the analyses in (

b) comply with each parameter concentration limit specified in Table 5-2 or Table 5-3, as the case may be, for the applicable soil type, and land use of the receiving land; and

(

e) the following information regarding the receiving land has been recorded:

(

i) legal land description, and

(ii) land use zoning.

5.1.12 Clause 5.1.11 does not apply to the removal of soil or SCH from the registered site to:

(

a) a registered site declared to be Class I, that is the subject of a registration under the Act;

(

b) a site or facility that is approved under the Act or the Oil and Gas Conservation Act for the land treatment of SCH; or

(

c) a landfill approved or registered under the Act where the landfill operator accepts the soil or SCH into the landfill.

Table 5-2: Maximum Allowable Concentration of Benzene, Toluene, Ethylbenzene, Xylenes, F1 to F4, and Lead in Fine-Grained Soil at Completion of Land Treatment

Land Use of Site Receiving Removed Treated Soil, or Land Use of the Registered Site After Closure

Parameter (mg/kg)

Benzene

Toluene

Ethyl-

benzene

Xylenes

Lead

Natural Areas

0.073

0.86

0.19

5,600

Agricultural

0.073

0.86

0.19

4,000

Residential/ Parkland

0.073

0.86

0.19

5,600

Commercial

0.073

0.86

0.19

1,500

2,500

6,600

Industrial

0.073

0.86

0.19

1,500

2,500

6,600

Table 5-3: Maximum Allowable Concentration of Benzene, Toluene, Ethylbenzene, Xylenes, F1 to F4, and Lead in Coarse-Grained Soil at Completion of Land Treatment

Land Use of Site Receiving Removed Treated Soil, or Land Use of the Registered Site After Closure

Parameter (mg/kg)

Benzene

Toluene

Ethyl-benzene

Xylenes

Lead

Natural Areas

0.13

0.16

0.36

2,800

Agricultural

0.048

0.16

0.36

2,800

Residential/

Parkland

0.048

0.16

0.36

2,800

Commercial

0.13

0.16

0.36

1,700

3,300

Industrial

0.13

0.16

0.36

1,700

3,300

Table 5-4: Soil Monitoring at a Class II Registered Site

Location -Sampling Zone Determination

Type and Number of Samples in Each Sampling Zone

Frequency

Parameter

For each hectare, or portion thereof, upon which SCH will or has been applied, divide the area into 6 equal-sized square sampling zones.

Where a barrier is not used, a minimum of one sample from the following depths:

ú the depth of treated SCH, and

ú the underlying soil from immediately under the treated SCH to a depth of 15 cm

1. Subject to 5.1.12, prior to removal of soil and SCH; and

2. Prior to closure of the registered site

ú benzene, toluene, ethylbenzene, xylenes and lead

ú F1, F2, F3, and F4

Where a barrier is used and the barrier consists of fine-grained soil, a minimum of one sample from the following depths:

ú the depth of treated SCH, and

ú the barrier from immediately under the treated SCH to a depth of 15 cm

Where a barrier is used and the barrier consists of a material other than a fine-grained soil, a minimum of one sample from the following depths:

ú the depth of treated SCH, and

ú the underlying soil from immediately under the treated SCH to the barrier, or to a depth of 15 cm if the barrier has been perforated

5.1.13 No person shall continue to operate a registered site for which the registration application in 3.1.1 contained a declaration that the site was to be a Class II registered site unless the registered site complies with 2.3.1.

5.1.14 No person shall continue to operate a registered site:

(

a) for which the registration in 3.1.1 contained a declaration that the site was to be a Class II registered site; and

(

b) that no longer complies with 2.3.1;

unless information has been submitted by the registration holder to the Director including at a minimum:

(

c) a declaration that the site is a Class I registered site; and

(

d) an acknowledgement that the registration holder is bound by all Class I requirements within this Code of Practice.

Section 5.2: Monitoring Requirements for a Class I Registered Site

5.2.1 A registration holder for a Class I registered site shall monitor the:

(

a) soil; and

(

b) groundwater

in accordance with this Code of Practice.

Table 5-5: Groundwater Monitoring at a Class I Registered Site

Sample Type

and Number

Frequency

Parameter

One representative groundwater sample from each groundwater monitoring well

1. Before commencement of land treatment; and

2. Annually; and

3. Prior to closure of the registered site

ú benzene, toluene, ethylbenzene, and xylenes

ú F1and F2

5.2.2 All groundwater monitoring wells shall be

(

a) protected from damage; and

(

b) locked, except when being sampled,

unless otherwise authorized in writing by the Director.

5.2.3 If a groundwater sample cannot be collected because the monitoring well is damaged or is no longer capable of producing a representative groundwater sample:

(

a) the groundwater monitoring well shall be cleaned, repaired, or replaced; and

(

b) a representative groundwater sample shall be collected prior to the next scheduled sampling date unless otherwise authorized in writing by the Director.

5.2.4 Groundwater samples from a registered site shall be:

(

a) collected; and

(

b) analyzed

in accordance with Table 5-5.

5.2.5 The results of the analyses required in 5.2.7(

b) shall be recorded.

5.2.6 the static water level in the water well shall be:

(

a) measured; and

(

b) recorded

prior to collecting a sample.

5.2.7 If the results of the analyses in 5.2.8 show the concentration of one or more of benzene, toluene, ethylbenzene, or xylenes exceeded the respective laboratory detection limits, then the registration holder must immediately report the results to the Director in accordance with the procedures set out in 7.1.1.

5.2.8 Soil samples from a registered site must be:

(

a) collected; and

(

b) analyzed

in accordance with Table 5-6.

5.2.9 The results of the analyses required in 5.2.11(

b) shall be recorded.

Table 5-6: Soil Monitoring at a Class I Registered Site

Location -

Sampling

Zone Determination

Type and Number of Samples in Each Sampling Zone

Frequency

Parameter

For each hectare, or portion thereof, upon which SCH will or has been applied, divide the area into 9 equal-sized square sampling zones.

Where a barrier is not used, a minimum of one sample from the following depths:

ú the depth of treated SCH; and

ú the underlying soil from immediately under the treated SCH to a depth of 15 cm

1. Before commence-ment of land treatment;

2. Subject to 5.1.12, prior to removal of soil and SCH; and

3. Prior to closure of the registered site

ú benzene, toluene, ethylbenzene, xylenes, and lead

ú F1, F2, F3, F4

Where a barrier is used and the barrier consists of fine-grained soil, a minimum of one sample from the following depths:

ú the depth of treated SCH; and

ú the barrier from immediately under the treated SCH to a depth of 15 cm

1. Subject to 5.1.12, prior to removal of soil and SCH; and

2. Prior to closure of the registered site

Where a barrier is used and the barrier consists of a material other than a fine-grained soil, a minimum of one sample from the following depths:

ú the depth of treated SCH, and;

ú the underlying soil from immediately under the treated SCH to the barrier or to a depth of 15 cm if the barrier has been perforated

1. Subject to 5.1.12, prior to removal of soil and SCH; and

2. Prior to closure of the registered site

PART 6: DECOMMISSIONING AND CLOSURE REQUIREMENTS

6.1.1 No person shall commence closure of a registered site unless:

(

a) the samples of:

(

i) SCH; and

(ii) soil

have been collected from each registered site in accordance with the sampling requirements specified in Table 5-4 or Table 5-6, as the case may be;

(

b) the samples referred to in (

a) have been analyzed for the parameters specified in Table 5-2 or Table 5-3, as the case may be;

(

c) the analytical results of the analyses in (

b) comply with the maximum concentrations specified for each parameter in Table 5-2 or Table 5-3, as the case may be, for the applicable intended land use category of the registered site after closure; and

(

d) the results of analyses required in (

b) have been recorded.

6.1.2 Closure of the registered site shall include, but is not limited to:

(

a) removing all ponds, berms, and barriers that were constructed for the operation of the registered site; and

(

b) recontouring the land surface to blend in with the adjacent land.

6.1.3 In addition to the requirements specified in 6.1.1, closure of a Class II registered site must be completed within three (3) years from the first date on which the SCH was received at the registered site.

6.1.4 A registration holder shall notify the Director in writing within thirty (30) calendar days after the date on which closure of a registered site was completed.

6.1.5 The notification to the Director under 6.1.4 shall include:

(

a) for a Class I registered site,

(

i) an

interpretation of the results of the analyses, as specified in 6.1.1, and

(ii) an

interpretation of the monitoring results referred to in 5.2.7, 5.2.8, 5.2.9, 5.2.11, and 5.2.12;

(

b) for a Class II registered site, an

interpretation of the results of the analyses as specified in 6.1.1.

PART 7: REPORTING REQUIREMENTS

Section 7.1: Contravention Reporting

7.1.1 In addition to any other reporting required pursuant to this Code of Practice, the Act, or the regulations, the registration holder shall immediately report to the Director any contravention of this Code of Practice either:

(

a) by telephone at (780) 422-4505; or

(

b) by a method:

(

i) in compliance with the release reporting provisions in the Act and the regulations, or

(ii) authorized in writing by the Director.

7.1.2 In addition to the immediate report in 7.1.1, the registration holder shall provide a report to the Director:

(

a) in writing; or

(

b) by a method:

(

i) in compliance with the release reporting provisions in the Act and the regulations, or

(ii) authorized in writing by the Director

within seven (7) calendar days of the discovery of the contravention, or within another time period specified in writing by the Director.

7.1.3 The report required under 7.1.2 shall contain, at a minimum, the following information:

(

a) a description of the contravention;

(

b) the date of the contravention;

(

c) the duration of the contravention;

(

d) the legal land description of the location of the contravention;

(

e) an explanation as to why the contravention occurred;

(

f) the name of the registered owner or owners of the land on which the contravention occurred;

(

g) a

summary of all preventive measures and actions that were taken prior to the contravention;

(

h) a

summary of all measures and actions that were taken to mitigate any effects of the contravention;

(

i) a

summary of all measures that will be taken to address the remaining effects and potential effects related to the contravention;

(

j) the number of the registration issued under the Act for the land treatment registered site, and the name of the person who held the registration at the time the contravention occurred;

(

k) the name, address, phone number, and responsibilities of all persons constructing, operating, or reclaiming the registered site at the time the contravention occurred;

(

l) the name, address, phone number, and responsibilities of all persons who had charge, management, or control of the registered site at the time the contravention occurred;

(

m) a

summary of proposed measures that will prevent future contraventions, including a

schedule of implementation for these measures;

(

n) any information that was maintained or recorded under this Code of Practice, as a result of the incident; and

(

o) any other information required by the Director in writing.

PART 8: RECORD KEEPING REQUIREMENTS

8.1.1 The registration holder shall:

(

a) record the following information; and

(

b) keep the following records available for five (5) years from the date of the completion of closure of the registered site:

(

i) all records that are required under this Code of Practice,

(ii) the results of any monitoring and analysis that are carried on, and information that is recorded, pursuant to 5.1.2, 5.1.8, 5.1.9, 5.1.10, 5.1.11, 5.2.7, 5.2.8, 5.2.9, 5.2.11, 5.2.12, 6.1.1, and 6.1.5,

(iii) for each source of SCH:

(

A) the name of the person supplying the SCH;

(

B) the source of the SCH, including but not limited to, a legal land description and any available municipal address of the parcel of land from which the SCH was taken; and

(

C) the quantity of SCH received from the source referred to in clause (B); and

(

D) the date of