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Volume 47, No. 14

B.C. Reg. 321/2004

The British Columbia Gazette,

Part II

July 13, 2004

B.C. Reg. 321/2004, deposited July 8, 2004, pursuant

to the ENVIRONMENTAL MANAGEMENT ACT [Sections 21, 38, 105,

138 and 139]. Order in Council 724/2004, approved and ordered July 7, 2004.

On the recommendation of the undersigned, the Lieutenant Governor,

by and with the advice and consent of the Executive Council, orders that, effective

on the date sections 21, 38, 105, 138 and 139 of the Environmental

Management Act , S.B.C. 2003, c. 53, come into force, the regulations

set out in the attached

Schedule are amended or repealed as set out in that

schedule.

— B. BARISOFF, Minister of Water, Land and Air Protection;

G. BRUCE, Presiding Member of the Executive Council.

Schedule

AGRICULTURAL WASTE CONTROL REGULATION

Section 2 of the Agricultural Waste Control Regulation, B.C. Reg. 131/92,

is amended by striking out "section 3 (2) and (3) of the Waste

Management Act ." and substituting "section 6 (2) and

(3) of the Environmental Management Act ."

2 The Code of Agricultural Practice for Waste Management, April 1, 1992, attached

to the Agricultural Waste Control Regulation, B.C. Reg. 131/92, is

amended

(

a) in

section 2 (1) by repealing the definition of "manager" ,

(

b) by repealing

section 2 (2), and

(

c) in sections 7 (2), 10 (2), 16 (2) and 29 (3) by striking

out the first reference to "the manager" and substituting "a director" and by

striking out the second reference to "the manager" and substituting "the director",

(

d) in

section 7 (2) (b) (ii), 10 (2) (b) (ii), 16 (2)

(b) (ii) and 29 (3) (b) (ii) by striking out "of the Ministry of Agriculture,

Fisheries and Food" and substituting "of the ministry of the minister charged

with the administration of the Farm Practices Protection (Right to Farm)

Act ", and

(

e) in

section 26 (2) (

a) and (3) by striking out "the

manager" and substituting "a director".

ANTISAPSTAIN CHEMICAL WASTE

CONTROL REGULATION

3 The Antisapstain Chemical Waste Control Regulation, B.C. Reg. 300/90, is amended

(

a) in the definition of "chlorophenol" in

section

1 (1) and in sections 1 (2), 5 (6) and 10 by striking out

"the director" and substituting "a director",

(

b) in

section 2 (

e) by striking out everything before

subparagraph (

i) and substituting the following:

(

e) complies with a monitoring program, if any, established

by a director that allows the director to determine ,

(

c) in

section 3 by striking out "section 3 of the Waste

Management Act " and substituting "section 6 of the Environmental Management Act ",

(

d) by repealing

section 5 (1) and (2),

(

e) in

section 5 (3) by striking out "On and after September

1, 1991 the" and substituting "The",

(

f) in

section 5 (4) by striking out "On and after September

1, 1990, the" and substituting "The",

(

g) in

section 5 (5) by striking out "(1), (2) or",

(

h) by repealing

section 7 (3),

(

i) in

section 8 (1) (b) (iii) by striking out "Special

Waste" and substituting "Hazardous Waste",

(

j) in

section 8 (2) (

a) by striking out "the manager"

and substituting "a director",

(

k) in

section 9 by striking out "manager" and substituting

"director",

(

l) in

section 11 (1) by striking out "special waste"

and substituting "hazardous waste", and

(

m) in

section 11 (1) by striking out "Special Waste"

and substituting "Hazardous Waste".

ASPHALT PLANT REGULATION

4 The Asphalt Plant Regulation, B.C. Reg. 217/97, is amended

(

a) in the definition of "Act" in

section 1 (1)

by striking out " Waste Management Act , R.S.B.C. 1996, c. 482;"

and substituting " Environmental Management Act ;",

(

b) by repealing

section 1 (2),

(

c) in

section 3 (2) by striking out "the manager in

the region where the owner has its place of business or where the plant first

operates" and substituting "a director",

(

d) in

section 3 (3) and (4) (

c) by striking out ", to

the manager in the region where the owner has its place of business or where

the plant first operates," and substituting "to a director",

(

e) in

section 3 (4) (

a) and (

b) by striking out "Waste

Management",

(

f) in sections 6 (2), 7 (2) (b), 8 (1), 12 (2) (b),

14 (2) (b), 15 (2), 16 (1) and (3) and 17 (1) by striking out

"the manager" and substituting "a director",

(

g) in sections 6 (4), 8 (2), 12 (3), 13 (1) (b),

(1.2) and (5), 13.1 (2), (3), (4) and (5) and 17 (2) and (3) by striking

out "manager" wherever it appears and substituting "director",

(

h) in

section 15 (2) by striking out "Special Waste"

and substituting "Hazardous Waste",

(

i) in

section 18 (2) by striking out "The manager" and

substituting "A director", and

(

j) section 20 is repealed.

BEVERAGE CONTAINER STEWARDSHIP

PROGRAM REGULATION

5 The Beverage Container Stewardship Program Regulation, B.C. Reg. 406/97,

is amended

(

a) in

section 1 in the definition of "Act" by

striking out " Waste Management Act ;" and substituting " Environmental

Management Act ;",

(

b) in sections 2 (3) (

b) and (4), 5, 6 (1), (2) and

(5), 7 (2) and 13 (1) and (4), and in

section 1 of

Schedule 3

by striking out "the director" and substituting "a director",

(

c) in

section 6 (6) by striking out "The director" and

substituting "A director", and

(

d) in

section 13 (6) by striking out "the director may"

and substituting "a director may".

CLEANER GASOLINE REGULATION

6 The Cleaner Gasoline Regulation, B.C. Reg. 498/95, is amended

(

a) in the definition of "alternative baseline gasoline"

by striking out "the director" and substituting "a director",

(

b) by repealing sections 5 (1), 6 (1), 7 (1) and (3)

and 12,

(

c) in sections 5 (2) and 6 (2) by striking out "On and

after January 1, 1999, a" and substituting "A",

(

d) in

section 6 (3) by striking out "On and after January

1, 2000, a" and substituting "A",

(

e) in

section 7 (2) and (4) by striking out "On and

after January 1, 2001, a" and substituting "A",

(

f) in

section 8 (3) (

a) and (6) by striking out "approved

by the director",

(

g) in

section 9 (2) (

b) by striking out "the director"

and substituting "a director",

(

h) in

section 10 (2) (

c) by striking out "manager" wherever

it appears and substituting "director",

(

i) in

section 10 (3), (4) and (6) by striking out "The

director" and substituting "A director",

(

j) in

section 10 (9) by striking out "report to the

director" and substituting "report to a director", and

(

k) in

Schedule 2 by repealing notes 6 and 7.

CONDITIONAL EXEMPTION REGULATION

7 The Conditional Exemption Regulation, B.C. Reg. 201/94, is repealed.

ENVIRONMENTAL APPEAL BOARD

PROCEDURE REGULATION

8 The Environmental Appeal Board Procedure Regulation, B.C. Reg. 1/82,

is amended

(

a) in

section 1 in the definition of "Act" by

striking out " Environment Management Act ;" and substituting " Environmental

Management Act ;", and

(

b) in

section 3 (4) by striking out "Minister of Finance

and Corporate Relations." and substituting "minister charged with the administration

of the Financial Administration Act .".

ENVIRONMENTAL IMPACT ASSESSMENT REGULATION

Section 1 of the Environmental Impact Assessment Regulation, B.C. Reg. 330/81,

is amended by striking out everything after "minister" and substituting "under

section 78 of the Environmental Management Act .".

FINFISH AQUACULTURE WASTE

CONTROL REGULATION

10 The Finfish Aquaculture Waste Control Regulation, B.C. Reg. 256/2002, is amended

(

a) in

section 1 by repealing the

definitions of "manager"

and "officer" ,

(

b) in

section 1 in the definition of "probable foot

print" by striking out "manager" and substituting "director",

(

c) by repealing

section 2 and substituting the following:

Introducing waste into the environment

2 An operator may introduce waste, or cause or

allow waste to be introduced, into the environment within the tenure occupied

by the operator's facility if the operator and the facility satisfy the requirements

of this regulation. ,

(

d) by repealing

section 3 (3) and substituting the following:

(3) On or before the date a facility commences operation,

the operator must apply to a director for registration of the facility under

this regulation. ,

(

e) in sections 3 (4), (6), (7) (

a) and (

b) and 9 (8)

by striking out "manager" wherever it appears and substituting "director",

(

f) in sections 3 (8), 7 (b) (iv), 8 (3) (

a) and (4),

9 (6) and (7), 10 (3) and (6) and 11 (1) by striking out "the

manager" and substituting "a director",

(

g) in sections 4 (1) and (2) and 5 by striking out "Effective

September 21, 2003, and subject to" and substituting "Subject to",

(

h) in

section 6 (1), (2) and (3) by striking out "Effective

March 21, 2004, and subject to" and substituting "Subject to",

(

i) in

section 7 by striking out "Effective 180 days

after this regulation comes into force, an operator" and substituting "An operator",

(

j) section 7 (

a) is amended by striking out " Waste

Management Act ",

(

k) in

section 8 (1) by striking out "Effective 180 days

after the coming into force of this regulation, an operator" and substituting

"An operator",

(

l) in

section 8 (1) (

h) by striking out " Waste "

and substituting " Environmental ",

(

m) in

section 9 by adding the following subsection:

(9) A supervisor referred to in subsection (8) must provide

to the operator a report, signed and dated by the supervisor, containing the

results of the monitoring and sampling done using the procedures under that

subsection. ,

(

n) by repealing

section 10 (1) and substituting the

following:

(1) An operator must send to a director in a format acceptable

to the director an email attachment containing an electronic version of the

report required under

section 9 (9). ,

(

o) in

section 12 (2) by striking out "Waste Management",

(

p) in

Schedule A by striking out "the manager" wherever

it appears and substituting "a director",

(

q) in

Schedule B by striking out "the manager" wherever

it appears and substituting "a director", and

(

r) in

Schedule B by striking out "a manager" and substituting

"a director".

GASOLINE VAPOUR CONTROL REGULATION

11 The Gasoline Vapour Control Regulation, B.C. Reg. 226/95, is amended

(

a) in

section 1 (1) by repealing the

definitions of

"Act" and "manager" and substituting the following

definitions:

"Act" means the Environmental Management Act ;

"director" , for the purposes of applying this regulation

in the Greater Vancouver Regional District, means a district director; ,

(

b) in sections 1 (2), 2 (3), 3 (3) (

a) and 6 (2), (7)

(

a) and (8) by striking out "the manager" and substituting "a director",

(

c) by repealing

section 2 (4),

(

d) in

section 3 (1) by striking out everything after

"may apply to" and substituting "a director, in the manner and with the

information specified by the director, for an exemption from the requirements

section 2 (1).",

(

e) in sections 3 (2) and (4), 6 (7) (

b) and 9 (3) (

e) and in Form 2 by striking out "manager" wherever it appears and substituting

"director", and

(

f) by repealing

section 8 and substituting the following:

Exemption from

section 6 of the Act

(1) An owner is exempt from

section 6 (2) and

(3) of the Act in relation to air emissions from an activity or operation defined

as "petroleum storage" in the Waste Discharge Regulation involving bulk refined

petroleum products, if the operator, in engaging in the activity or operation,

complies with this regulation.

(2) Despite subsection (1), if the activity or operation

described in subsection (1) is a transfer of gasoline from a cargo tanker to

a gasoline storage tank or from a gasoline storage tank to a cargo tanker, the

owner is exempt from

section 6 (2) and (3) of the Act in relation

to the discharge of gasoline vapours discharged to the environment during the

transfer only if the owner complies with

(

a) this regulation, and

(

b) the requirements relating to gasoline vapour control imposed by a municipal bylaw, permit or other approval.

LAND-BASED FIN FISH WASTE

CONTROL REGULATION

12 The Land-based Fin Fish Waste Control Regulation, B.C. Reg. 68/94 is amended

(

a) in paragraph (

b) of the definition of "dilution

ratio" in

section 1 and in sections 3 (1) and (2), 5, 6 (2) and 8 by striking

out "the manager" and substituting "a director",

(

b) in the

definitions of "non-filterable residue

concentration" and "total phosphorous concentration" in

section 1

by striking out "A Laboratory Manual for the Chemical Analysis of Waters,

Wastewaters, Sediments and Biological Materials, (1976 edition including

updates), 1989" and substituting " the British Columbia Laboratory Methods

Manual: 2003 — for the Analysis of Water, Wastewater, Sediment, Biological Materials

and Discrete Ambient Air Samples , Victoria, August 2003, as updated

from time to time, published by the Ministry of Water, Land and Air Protection",

(

c) in

section 2 by striking out "sections 3 (2) and

(3) of the Waste Management Act " and substituting "section 6

(2) and (3) of the Environmental Management Act ",

(

d) by repealing

section 4 (1) and substituting the following:

(1) An owner of a land-based fin fish facility must submit

a completed registration to a director before construction of the facility begins. , and

(

e) by repealing

section 4 (2) (

h) and substituting the

following:

(

h) the number printed on the aquaculture licence issued

by the minister charged with the administration of the Fisheries Act .

MOTOR VEHICLE EMISSIONS CONTROL

WARRANTY REGULATION

13 The Motor Vehicle Emissions Control Warranty Regulation, B.C. Reg. 116/96, is amended

(

a) in

section 1 (1) by repealing the definition of "Act" and substituting the following definition:

"Act" means the Environmental Management Act ; ,

(

b) in

section 1 (1) in paragraph (

a) of the definition of "applicable standard" and in paragraphs (

a) and (

b) of the definition of "warranted vehicle" and in

section 1 (2) by striking out "of B.C. Reg. 517/95, the Motor Vehicle Emissions Reduction Regulation" and substituting "of the Motor Vehicle Emissions Reduction Regulation, B.C. Reg. 517/95, as it read immediately before its repeal",

(

c) in

section 1(1) in paragraphs (

b) and (

c) of the definition of "applicable standard" by striking out "B.C. Reg. 321/92," and substituting "B.C. Reg. 274/2000," , and

(

d) in

section 9 by striking out the first reference to "the director" and substituting "a director".

MUSHROOM COMPOSTING POLLUTION PREVENTION REGULATION

Section 2 (1) of the Mushroom Composting Pollution Prevention Regulation, B.C. Reg. 413/98, is amended by striking out "section 3 (2) and (3) of the Waste Management Act " and substituting "section 6 (2) and (3) of the Environmental Management Act ".

15 The

Schedule is amended

(

a) in sections 2 (3), 3 (2), 4 (1), 5 (1) by striking out "the regional waste manager" and substituting "a director",

(

b) in sections 2 (4), 3 (3) and (5) and 5 (3) by striking out "regional waste manager" wherever it appears and substituting "director", and

(

c) in

section 5 (2) by striking out the first occurrence of "the regional waste manager" and substituting "a director" and by striking out all other occurrences of "regional waste manager" and substituting "director".

OIL AND GAS WASTE REGULATION

16 The Oil and Gas Waste Regulation, B.C. Reg. 208/96, is amended

(

a) by renumbering

section 1 as

section 1 (1),

(

b) in

section 1 (1) in the definition of "Act" by striking out " Waste " and substituting " Environmental ",

(

c) in

section 1 (1) by repealing the definition of "approved" ,

(

d) in

section 1 (1) in the definition of "ozone depleting substance" by striking out "Ozone Depleting Substances Regulation," and substituting "Ozone Depleting Substances and Other Halocarbons Regulation,",

(

e) in

section 1 (1) in paragraph (

b) of the definition of "substantive change" and in sections 2 (3), 6 (1) (d) (iii), (2) and (4), 7 (2) and 8 (1) by striking out "manager" wherever it appears and substituting "director",

(

f) in

section 1 by adding the following subsection:

(2) Anything that under this regulation is required to be approved,

(

a) must be approved in writing, and

(

b) may be made subject to the conditions or requirements the person authorized to give the approval considers necessary or advisable. ,

(

g) in sections 2 (2), 7 (1), (2) (c) (ii) and (5) by striking out "Special Waste" and substituting "Hazardous Waste",

(

h) in

section 2 (3) by striking out "section 31 of the Act." and substituting "section 83 of the Act.",

(

i) in

section 6 (1) (d) (iv) by striking out "a manager." and substituting "the director." ,

(

j) by repealing

section 6 (3) and substituting the following:

(3) The form required under subsection (2) must be submitted to the director within 60 days after the facility starts to operate. ,

(

k) in

section 7 (2) (a) (

i) and (c) (vi) by striking out "Ministry of Employment and Investment," and substituting "Oil and Gas Commission continued under the Oil and Gas Commission Act ,",

(

l) in

section 7 (2) (b) (viii) by striking out "the regional waste manager" and substituting "a director",

(

m) by repealing

section 7 (2) (c) (

i) and substituting the following subparagraph:

(

i) prior written notification of any proposed discharge is provided to a director and the discharge is carried out in accordance with the director's requirements,

(

n) in

section 7 (2) (c) (ii) by striking out "special waste" and substituting "hazardous waste", and

(

o) in

Schedule 2 in

section 1 opposite "NO" and in sections 2 and 3 opposite "S" by striking out "Waste Management".

OOTSA LAKE BEEHIVE BURNER REGULATION

17 The Ootsa Lake Beehive Burner Regulation, B.C. Reg. 142/2001, is amended

(

a) in

section 2 (

a) by striking out "section 10 of the Waste Management Act " and substituting "section 14 of the Environmental Management Act ", and

(

b) in

section 3 by striking out "The regional manager" and substituting "A director".

OPEN BURNING SMOKE CONTROL REGULATION

18 The Open Burning Smoke Control Regulation, B.C. Reg. 145/93, is amended

(

a) in

section 1 (1) in the definition of "forest official" by striking out "the director" and substituting "a director",

(

b) in

section 1 (1) in the definition "improvement district" by striking out "section 1 of the Municipal Act ;" and substituting "section 5 of the Local Government Act ; ,

(

c) in

section 1 (1) by repealing the definition of "manager" ,

(

d) in

section 1 (1) in the definition of "public notice" by striking out "section 3 of the Waste Management Act ;" and substituting "section 6 of the Environmental Management Act ;",

(

e) in

section 1 (1) in the

definitions of "publicly available" and "ventilation index" and in

section 4 (1), (2) and (3) and

section 4 (1) of

Schedule B, by striking out "manager" wherever it appears and substituting "director",

(

f) in

section 1 (4) by striking out "section 3 (3) of the Waste Management Act ," and substituting "section 6 (3) of the Environmental Management Act ,",

(

g) in

section 2 by striking out "section 3 (2), (3) and (4) of the Waste Management Act " and substituting "section 6 (2), (3) and (4) of the Environmental Management Act ",

(

h) by repealing

section 2 (

h) and substituting the following:

(

h) the open burning is conducted in accordance with the Open Burning Smoke Control Code of Practice in

Schedule B, and ,

(

i) in

section 1 of

Schedule A by striking out "special waste" and substituting "hazardous waste",

(

j) in

section 1 (

a) of

Schedule 1 by striking out "as defined in the Municipal Act ;" and substituting "as described in

section 17 (1) of the Local Government Act ;",

(

k) in

section 1 (

b) of

Schedule 1 by striking out "those districts, as defined in the Municipal Act ," and substituting "those district municipalities, as defined in

section 5 of the Local Government Act ," .

ORGANIC MATTER RECYCLING REGULATION

19 The Organic Matter Recycling Regulation, B.C. Reg. 18/2002, is amended

(

a) in

section 1 in the definition of "Act" by striking out " Waste " and substituting " Environmental ",

(

b) in

section 1 in the definition of "agricultural land reserve" by striking out " Agricultural Land Reserve Act ;" and substituting " Agricultural Land Commission Act ;",

(

c) in

section 1 in the definition of "agricultural waste" by striking out "the Code made under" and substituting "the Code attached to",

(

d) by repealing

section 2 (2) and substituting the following:

(2) A person who produces or uses biosolids or compost is exempt from

section 6 (2) and (3) of the Act if the person produces and uses the biosolids or compost only in accordance with this regulation.

(

e) in

section 2 (4) (

a) by striking out "the Agricultural Land Reserve Act , the Forest Land Reserve Act , the Land Reserve Commission Act and the Soil Conservation Act ," and substituting "the Agricultural Land Commission Act and the Forest Land Reserve Act ,",

(

f) in

section 4 (

b) and (

c) by striking out ", as amended from time to time,",

(

g) in sections 5 (4) (a), 9 (2) (c), 15 (1) (c), 22 (1) (a), 23 (2) and (4), 24 (3) (c), 25 (1) (

a) and in sections 2, 4, and 5 of

Schedule 6,

section 3 (

c) of

Schedule 7 and

section 1 of

Schedule 13 by striking out "the manager" and substituting "a director",

(

h) by repealing

section 5 (4) (

b) and substituting the following:

(

b) an official designated under the Agricultural Land Commission Act . ,

(

i) in sections 9 (6) and 15 (3) by striking out "the Safe Drinking Water Regulation, B.C. Reg. 230/92, as amended from time to time." and substituting "the Drinking Water Protection Regulation, B.C. Reg. 200/2003.",

(

j) in

section 21 in the definition of "watershed" by striking out "the Safe Drinking Water Regulation, B.C. Reg. 230/92." and substituting "the Drinking Water Protection Regulation, B.C. Reg. 200/2003.",

(

k) in sections 22 (2), (3) and (5), 23 (3) and (5) and 24 (4), by striking out "manager" wherever it appears and substituting "director",

(

l) in

section 23 (4) by striking out "by the manager at any time",

(

m) in

section 24 (3) (

b) by striking out "and are available to the manager upon request," and substituting "and are available for inspection at any time,",

(

n) in

section 26 (5),

section 2 of

Schedule 5 and

section 6 of

Schedule 6 by striking out "The manager" and substituting "A director", and

(

o) by repealing

section 3 of

Schedule 5 and substituting the following:

(3) Analyses must be in accordance with the procedures described in "British Columbia Laboratory Methods Manual: 2003 — for the Analysis of Water, Wastewater, Sediment, Biological Materials and Discrete Ambient Air Samples", (2003, Ministry of Water, Land and Air Protection), or by suitable alternate procedures authorized by a director.

OZONE DEPLETING SUBSTANCES AND OTHER

HALOCARBONS REGULATION

20 The Ozone Depleting Substances and Other Halocarbons Regulation, B.C. Reg. 387/99, is amended

(

a) in the definition of "approved person" in

section 1 (1) by striking out " Industry Training and Apprenticeship Act " and substituting " Industry Training Authority Act ", and by striking out "under

section 36 of the Waste Management Act ;" and substituting "under

section 18 of the Environmental Management Act ;",

(

b) in sections 2 (1) and 27 (6) by striking out "the director" and substituting "a director".

(

c) in

section 2 (2) by striking out "The director" and substituting "A director", and

(

d) in

section 12 (2) by striking out "special waste" and substituting "hazardous waste".

PETROLEUM STORAGE AND DISTRIBUTION FACILITIES

STORM WATER REGULATION

21 The Petroleum Storage and Distribution Facilities Storm Water Regulation, B.C. Reg. 168/94, is amended

(

a) in the definition of "waste oil" in

section 1 by striking out "Special Waste" and substituting "Hazardous Waste",

(

b) by repealing

section 2 (3),

(

c) in sections 2 (4) and 5 (

c) and in

section 1 (1) (

c) of

Schedule 2 by striking out "manager" wherever it appears and substituting "director",

(

d) in

section 2 (4) by striking out "section 31 of the Act." and substituting "section 83 of the Act.",

(

e) in

section 7 by striking out everything before paragraph (

a) and substituting "Every operator must register with a director each petroleum storage and distribution facility under the operator's charge or control by submitting in writing to the director the following information:", and

(

f) by repealing

Schedule 1.

PLACER MINING WASTE CONTROL REGULATION

22 The Placer Mining Waste Control Regulation, B.C. Reg. 107/89, is amended by repealing

section 2 and substituting the following:

Exemptions

2 A person who carries out a class of operation, activity, industry or work referred to in

section 3 is exempt from

section 6 (2) and (3) of the Environmental Management Act in respect of that class if the person meets the conditions and circumstances set out in

section 3 and provides to a director on the director's request information the director considers sufficient to determine the existence and extent of the discharge.

POST-CONSUMER RESIDUAL STEWARDSHIP

PROGRAM REGULATION

23 The Post-consumer Residual Stewardship Program Regulation, B.C. Reg. 111/97, is amended

(

a) in

section 1 in the definition of "association" and in sections 2 (2), 4, 5.1 (2), 6 and 13 (1), (2) and (3) by striking out "the director" and substituting "a director",

(

b) in

section 1 in the definition of "collection facility" by striking out "Special Waste Regulation:" and substituting "Hazardous Waste Regulation;",

(

c) in

section 5 (2) and (5) by striking out the first "the director" and substituting "a director", and

(

d) in

section 7 by striking out `The Director" and substituting "A director".

PUBLIC NOTIFICATION REGULATION

24 The Public Notification Regulation, B.C. Reg. 202/94, is amended

(

a) in

section 1 (1) in the definition of "Act" by striking out " Waste " and substituting " Environmental ",

(

b) in

section 1 (1) by repealing the

definitions of "reviewable project" , "special waste treatment or disposal project" , and "storage" and substituting the following

definitions:

"hazardous waste treatment or disposal project" means a facility, operation or activity

(

a) in relation to which an application for a permit or approval has been made, and

(

b) at which hazardous waste is or will be treated or disposed of,

but does not include

(

c) a storage facility without any associated treatment or disposal, or

(

d) a facility for treating hydrocarbon fuel or oil contaminated wastes using biological organisms or vapour extraction techniques;

"reviewable project" has the same meaning as in the Environmental Assessment Act ; ,

(

c) in sections 1 (2) (

e) and (g), 2 (1), (2), (3) and (4), 3, 4 (3), (4), (5) and (6), 5 (1) (

c) and (4), 6 (1), (2), (4), (5), (6) (

c) and (9), 7 (1) and (2) and 8 (1) and (2) and in the description for the abbreviation "R" and "A" in

Schedule A by striking out "manager" wherever it appears and substituting "director",

(

d) in

section 6 (7) (

b) and (8) (

b) by striking out "the manager," and substituting "a director,",

(

e) by repealing

section 9,

(

f) in Column 2 of

Schedule A by striking out "Special Waste" wherever it appears and substituting "Hazardous Waste", and

(

g) in

Schedule B by striking out " Waste Management Act " and substituting " Environmental Management Act ".

PULP MILL AND PULP AND PAPER MILL LIQUID

EFFLUENT CONTROL REGULATION

25 The Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation, B.C. Reg. 470/90, is amended

(

a) in

section 1 (1) in the definition of "Act" by striking out " Waste " and substituting " Environmental ",

(

b) in

section 1 (1) in the

definitions of "CBPROD" , "EFF" and "PROD" and in

section 3 (1) by striking out "the manager" and substituting "a director",

(

c) in

section 1 (1) in the definition of "compliance sampling method" by striking out ", 4",

(

d) in

section 1 (1) in the definition of "permittee" and in sections 2 (1) (

b) and (1.1) (

b) and 10 (a) (ii) and (b) (ii) by striking out "section 10 of the Act" and substituting "section 14 of the Act",

(

e) in sections 1 (2), 5 (4) and (5) and 6 (4) by striking out "manager" wherever it appears and substituting "director",

(

f) by repealing

section 2 (2) to (6) and substituting the following:

(3) No permittee shall discharge effluent into the environment from an operation that produces pulp or paper unless the quality of the effluent is equal to or better than the quality requirement specified in Column 3 of

Schedule 2.

(4) Subsection (3) does not apply to the pulp and paper mill operations at Port Alberni existing on July 6, 2004 or to the pulp mill operation at Port Alice existing on July 6, 2004.

(5) The pulp and paper mill operations at Port Alberni existing on July 6, 2004 shall not discharge effluent into the environment from those operations unless the quality of the effluent is equal to or better than the quality requirement in Column 4 of

Schedule 2.

(6) The pulp mill operation at Port Alice existing on July 6, 2004 shall not discharge effluent into the environment from that operation unless the quality of the effluent is equal to or better than the quality requirement in Column 5 of

Schedule 2. ,

(

g) by repealing sections 4, 5 (2) and (3) and 6 (1) and (3),

(

h) in

section 5 (1) by striking out everything before paragraph (

a) and substituting "In accordance with

section 3, each permittee that produces pulp or paper shall sample each effluent outfall at the following minimum frequencies: ,

(

i) in

section 5 (4) by striking out "subsections (1), (2) and (3)", and substituting "subsection (1)",

(

j) in

section 5 (5) by striking out "subsections (1) to (4)" and substituting "subsection (1) or (4)",

(

k) in

section 6 (4) by striking out "at a location specified in Column 1 of

Schedule 1",

(

l) in

section 9 (1) by striking out "section 3, 4 or 5 (1) to" and substituting "3 or 5 (1) or",

(

m) in

section 10 by striking out "Waste Management",

(

n) by repealing Schedules 1 and 3, and

(

o) in

Schedule 2 by striking "MacMillan Bloedel Ltd." from the heading to Column 4 and "Western Pulp Inc." from the heading to Column 5.

REBATE OF WASTE MANAGEMENT

FEES REGULATION

Section 1 of the Rebate of Waste Management Fees Regulation, B.C. Reg. 267/2000, is amended in the definition of "Act" by striking out " Waste " and substituting " Environmental ".

SPILL COST RECOVERY REGULATION

27 The Spill Cost Recovery Regulation, B.C. Reg. 250/98, is amended in

section 2 (1), (2) and (3) by striking out "section 12.1 of the Waste Management Act " and substituting "section 80 of the Environmental Management Act ".

SPILL REPORTING REGULATION

28 The Spill Reporting Regulation, B.C. Reg. 263/90, is amended

(

a) in

section 1 in the definition of "Act" by striking out " Waste " and substituting " Environmental ", and

(

b) in

section 1 by repealing the definition of "spill" and substituting the following:

"spill" means a release or discharge into the environment, not authorized under the Act, of a substance in an amount equal to or greater than the amount listed in Column 2 of the

Schedule opposite that substance in Column 1; , and

(

c) in the

Schedule in

section 1 and in column 1 of items 17, 18 and 19 by striking out "Special Waste" and substituting "Hazardous Waste".

STORAGE OF RECYCLABLE MATERIAL REGULATION

29 The Storage of Recyclable Material Regulation, B.C. Reg. 133/92, is amended in sections 4 (3) and 5 (2) by striking out "manager" wherever it appears and substituting "director".

SULPHUR CONTENT OF FUEL REGULATION

30 The Sulphur Content of Fuel Regulation, B.C. Reg. 67/89, is amended

(

a) in

section 1 in the definition of "sulphur content" by striking out "the director." and substituting "a director.",

(

b) by repealing

section 3 (2) to (5) and substituting the following:

(5) A pulp mill is exempt from

section 2 if a permit is or was issued to the mill

(

a) after December 18, 1989 under

section 10 of the Waste Management Act or

section 14 of the Environmental Management Act , or

(

b) on or before December 18, 1989 under

section 10 of the Waste Management Act and has been amended after that date

and the permit described in paragraph (

a) or the amendment described in paragraph (

b) limits sulphur dioxide emissions from the mill. , and

(

c) by repealing the Appendix.

WASTE MANAGEMENT ACT

MUNICIPAL SEWAGE REGULATION

31 The Waste Management Act Municipal Sewage Regulation, B.C. Reg. 129/99, is amended

(

a) in the title by striking out "WASTE MANAGEMENT ACT",

(

b) in

section 1 in the definition of "Act" by striking out " Waste " and substituting " Environmental ",

(

c) in

section 1 in paragraph (

b) of the definition of "dilution ratio" , paragraph (

b) of the definition of "known" and the definition of "open marine waters" and in sections 3 (3), 5 (6), 8 (7) (c), 9 (2) (c), (e), and (g), 10 (2) (

b) and (8) (a), 14 (1) (d), 16 (1) (c), 17 (2) (c), 18 (1) (c), (2), (3) and (4) (b), (

c) and (d), 20 (3) (b), 22 (2), (5) (

d) and (8), 25 (1) (

a) and (b), 26 (1) (a), (

b) and (

c) and 28 (8) (

a) and (

b) by striking out "the manager" and substituting "a director",

(

d) in

section 1 in paragraph (

a) of the definition of "discharger" and in

section 2 (1) by striking out "section 3 (2) and (3) of the Waste Management Act " and substituting "section 6 (2) and (3) of the Act",

(

e) in

section 1 in paragraph (

b) of the definition of "embayed marine waters" and in sections 3 (2) (k), 13 (1) (c), 17 (3) (

b) and 28 (2) (

b) and (3) (a), (

b) and (

c) by striking out "manager" and substituting "director",

(

f) in the heading to

Part 2 by striking out "Section 3 (2) and (3) of the Waste Management Act " and substituting "Section 6 (2) and (3) of the Act",

(

g) in

section 2 (1) (

b) and (

c) by striking out "Waste Management",

(

h) in sections 3 (2), 10 (9), 27 (2) and (3) by striking out the first reference to "the manager" and substituting "a director" and by striking out the second reference "the manager" and substituting "the director",

(

i) in

section 13 (1) by striking out "required by the manager" and substituting "required by a director",

(

j) by renumbering

section 15 (1) as

section 15,

(

k) in

section 17 (3) by striking out "extended by the manager" and substituting "extended by a director",

(

l) in

section 20 (2) (

a) by striking out "Special Waste" and substituting "Hazardous Waste",

(

m) in

section 22 (3) by striking out "The manager" and substituting "A director",

(

n) in

section 22 (6) by striking out "The manager must" and substituting "A director must" and by striking out "to the manager" and substituting "to the director",

(

o) in

section 28 (1) by striking out "by the manager",

(

p) in

section 28 (3) by striking out the first reference to "the manager" and substituting "a director",

(

q) in

Schedule 1, in conditions 2, 4 (1), 5 (1) in paragraph (

b) of the definition of "capital replacement fund" , 5 (3) (b), (4) (

b) and (5) (b), 8 (1) and (2) (b), 9 (

b) and 10 (b) (ii), by striking out "the manager" and substituting "a director",

(

r) in

Schedule 1, in condition 3 (2) by striking out "directed by the manager" and substituting "directed by a director",

(

s) in

Schedule 1, in conditions 3 (2) (a), 4 (2), 5 (3) (

c) and (7) (b), (8) and (10) by striking out "manager" and substituting "director",

(

t) in

Schedule 1, in condition 5 (7) by striking out "discretion of the manager," and substituting "discretion of a director,",

(

u) in

Schedule 1, in condition 5 (7) (

a) by striking out "manager" wherever it appears and substituting "director",

(

v) in

Schedule 1 in conditions 15 (1) and 17 (1) by striking out "On and after January 1, 2004, the" and substituting "The",

(

w) Condition 15 (2) in

Schedule 1 is repealed and the following substituted:

(2) Despite subcondition (1) the discharger must ensure that the person responsible for the municipal sewage collection system, on the request of a director and at least once in each 10 year period, prepares and maintains for inspection a record containing all the following information:

(

a) an estimate of the volume, frequency and number of combined sewer overflow occurrences for each overflow location;

(

b) based on the estimate in paragraph (a), an estimate of the total annual volume of all combined sewer overflow occurrences which occur during storm or snowmelt events with less than a 5 year return period;

(

c) the steps that have been or will be taken to reduce volume, frequency and number of combined sewer overflow occurrences;

(

d) a plan for the reduction in the volume estimated under paragraph (

b) by an average 1.0% per year over a 10 calendar year period;

(

e) an assessment of the potential impact of the overflow occurrences on the receiving environment at each overflow location;

(

f) a record of each overflow occurrence which occurs during storm or snowmelt events with less than a 5 year return period.

(

x) Condition 16 (2) in

Schedule 1 is repealed and the following substituted:

(2) Despite subcondition (1), the discharger must ensure that the person responsible for the sewage collection system, on the request of a director and, at least once in each 10 year period, prepares and maintains for inspection a record containing all the following information:

(

a) an estimate of the volume, frequency and number of sanitary sewer overflow occurrences for each overflow location;

(

b) based on the estimate in paragraph (a), an estimate of the total annual volume of all sanitary sewer overflow occurrences which occur during storm or snowmelt events with less than a 5 year return period;

(

c) the steps that have been or will be taken to reduce volume, frequency and number of sanitary sewer overflow occurrences;

(

d) a plan for the reduction in the volume estimated under paragraph (

b) by an average 10.0% per year over a 10 calendar year period;

(

e) an assessment of the potential impact of the overflow occurrences on the receiving environment at each overflow location;

(

f) a record of each overflow occurrence which occurs during storm or snowmelt events with less than a 5 year return period.

(

y) in

Schedule 1 in condition 17 (2) by striking out ", on and after January 1, 2004",

(

z) in Appendix 1 to

Schedule 2, in explanatory note 1 by striking out "Ministry of Health" and substituting "Ministry of Health Services",

(aa) in Appendix 1 to

Schedule 2, in explanatory note 4 by striking out "the manager" and substituting "a director",

(bb) in Appendix 1 to

Schedule 2, in explanatory notes 6 and 9 by striking out the first reference to "the manager" and substituting "a director" and by striking out the second reference the "the manager" and substituting "the director",

(cc) in Appendix 1 to

Schedule 2, in explanatory note 17 by striking out "and Food" and substituting ", Food and Fisheries",

(dd) in Appendix 1 to

Schedule 3, in explanatory note 3 by striking out the first reference to "the manager" and substituting "a director" and by striking out the other 2 references to "the manager" and substituting "the director",

(ee) in Appendix 1 to

Schedule 3, in explanatory notes 4, 5, 9 and 10 by striking out "the manager" and substituting "a director",

(ff) in

section 2 (

b) of

Schedule 4 by striking out "the manager" and substituting "a director",

(gg) in Appendix 1 to

Schedule 5 in explanatory notes 2, 3 and 4 by striking out "the manager" and substituting "a director",

(hh) in Appendix 1 to

Schedule 5 in explanatory note 5 by striking out "The manager" and substituting "A director",

(ii) in Appendix 1 to

Schedule 5 in explanatory note 7 by striking out the first reference to "the manager" and substituting "a director" and by striking out the second reference to "the manager" and substituting "the director",

(jj) in

Schedule 6 in Table 1, 2 and 3 by striking out "Frequency of Data Submission to Manager" wherever it appears and substituting "Frequency of Data Submission to Director",

(kk) in Appendix 1 to

Schedule 6 in explanatory notes 1, 4, and 9 by striking out "the manager" and substituting "a director",

(ll) in

Schedule 7 in sections 1 (2) and (3) and 5 (3) (e), (

h) in footnote (****) to Table H and (

k) and 6 (3) (

d) and (

e) and (4) by striking out "the manager" and substituting "a director",

(mm) in Appendix 3 to

Schedule 7, in sections 1 (2) and (4) and 3 (1), by striking out "the manager" and substituting "a director".

WASTE MANAGEMENT PERMIT FEES REGULATION

32 The Waste Management Permit Fees Regulation, B.C. Reg. 299/92, is amended

(

a) in the title by striking out "Waste Management",

(

b) in the definition of "Act" by striking out " Waste " and substituting " Environmental ", and

(

c) by repealing

section 3 (5) (

b) and substituting the following:

(

b) Finfish Aquaculture Waste Control Regulation, B.C. Reg. 256/2002 .

WOOD RESIDUE BURNER AND INCINERATOR REGULATION

33 The Wood Residue Burner and Incinerator Regulation, B.C. Reg. 519/95, is amended

(

a) in

section 1 in the definition of "Act" by striking out " Waste " and substituting " Environmental ",

(

b) in

section 1 in the definition of: "fees regulation" by striking out "Waste Management",

(

c) in sections 2 (2) (b), (2.2), (2.3), (3), (4), (6) and (7) and 3 (1) (a), (c) (ii) and (

g) by striking out "manager" wherever it appears and substituting "director",

(

d) in

section 2 (7) by striking out "section 10 of the Act." and substituting "section 14 of the Act.",

(

e) in

section 3 (1) of the Act by striking out "section 3 of the Act" and substituting "section 6 of the Act",

(

f) in

Schedule 1 by repealing rows 1, 6, 9, 15 and 20,

(

g) in

Schedule 1 in rows 2, 5, 10 and 17 by striking out "Manager" and substituting "Director", and

(

h) by adding the following to

Schedule 3:

(0.1) Auto Lumber Ltd., Fruitvale

(12.1) Galloway Lumber Co. Ltd., Galloway

(28.1) North Star Planing Co. Ltd., Invermere

(44.1) Slocan Group, Radium Hot Springs .

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© 2004: Queen's Printer, Victoria, British Columbia, Canada