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Volume 47, No. 14

B.C. Reg. 320/2004

The British Columbia Gazette,

Part II

July 13, 2004

B.C. Reg. 320/2004, deposited July 8, 2004, pursuant

to the ENVIRONMENTAL MANAGEMENT ACT [Sections 21, 138 and 139].

Order in Council 723/2004, 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 that sections 21, 138 and 139 of the Environmental

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

Waste Discharge Regulation is made.

— B. BARISOFF, Minister of Water,

Land and Air Protection; G. BRUCE, Presiding Member of the Executive

Council.

WASTE DISCHARGE REGULATION

Contents

Interpretation

Prescribed industries, trades, businesses, operations and activities

Operations exempt from the Act

Exemption from

section 6 (2) and (3) of the Act by compliance with code of practice

False statement in registration

Other code of practice requirements

Substituted requirements

Application for substituted requirement

Annual fees

Rebates of fees

Schedules 1, 2 and 3

Interpretation

1 In this regulation:

"Act" means the Environmental Management Act ;

"vehicle" has the same meaning as in the Motor

Vehicle Act ;

"written" or "in writing" includes written messages transmitted electronically.

Prescribed industries, trades,

businesses, operations and activities

(1) The industries, trades and businesses, and

classes of industries, trades and businesses, listed in the Table in

Schedule 1

and in column 1 of the Table in

Schedule 2 are prescribed for the

purposes of

section 6 (2) of the Act.

(2) The activities and operations, and classes of activities

and operations, listed in the Table in

Schedule 1 and in column 1

of the Table in

Schedule 2 are prescribed for the purposes of

section 6 (3)

of the Act.

Operations exempt from the Act

(1) In this section, "domestic sewage"

and "sewage disposal system" have the same meanings as in

section 1

of the Sewage Disposal Regulation, B.C. Reg. 411/85.

(2) The following activities and operations are exempt from the Act and regulations:

(

a) the discharge of domestic sewage to a sewage disposal system that serves only one single or one double unit dwelling;

(

b) the discharge of domestic sewage to a sewage disposal system

(

i) that is not described in paragraph (a), and

(ii) if

(

A) the estimated total sewage flow to that system, calculated

in accordance with subsection (3), is less than 22.7 m 3 a day, and

(

B) no sewage is discharged from that system into a surface watercourse or surface water body.

(3) For the purposes of subsection (2) (b) (ii) (A),

(

a) the estimated sewage flow must be calculated using Appendix 1 of

Schedule 2 of the Sewage Disposal Regulation,

(

b) if a sewage disposal system serves more than one

parcel of land, the estimated total sewage flow is calculated by summing the

estimated sewage flow of all discharges of sewage directed to the sewage disposal

system, and

(

c) if there is more than one sewage disposal system located within a strata plan or, if no strata plan applies, located on a parcel of land, the estimated total sewage flow is calculated by summing the estimated sewage flow of all discharges of sewage directed to all sewage disposal systems located within the strata plan or on the parcel of land.

(4) The use of industrial wood residue for foundation

material at construction sites is exempt from

section 6 (2) and 6 (3)

of the Act if the material is applied under the direction of a professional

engineer.

(5) The use of industrial wood residue

(

a) as plant mulch or in residential gardens,

(

b) as foundation material for animal bedding, and

(

c) in sports areas

is exempt from

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

(6) The use of industrial wood residue as a soil conditioner

or ground cover in non-agricultural operations is exempt from

section 6 (2)

and 6 (3) of the Act if

(

a) less than 100 m 3 /year is spread on a single property, and

(

b) it is applied in accordance with good agronomic practices.

(7) The emissions and ash from a commercially available

auxiliary fuel fired refuse incinerator that serves a remote industrial, recreational,

exploration or construction camp designed to accommodate fewer than 100 persons

are exempt from the application of

section 6 (2) and 6 (3) of

the Act.

Exemption from

section 6 (2) and

(3) of the Act by compliance with code of practice

(1) If

(

a) a person introduces waste into the environment

(

i) in the course of conducting an industry, trade or

business, or an industry, trade or business in a class, listed in column 1

of the Table in

Schedule 2, or

(ii) that is produced in the course of carrying on an

activity or operation listed in column 1 of the Table in

Schedule 2,

(

b) the introduction of the waste is governed by a code

of practice, the title of which is set out opposite the industry, trade, business,

activity or operation, or class of industry, trade, business, activity or operation,

in column 2 of the Table in

Schedule 2,

(

c) the introduction of the waste is carried out in accordance

with the code of practice, and

(

d) the person's registration under subsection (2), if required under the code of practice, is effective,

the person is exempt from

section 6 (2) and (3) of the Act in relation to the introduction of that waste into the environment.

(2) In order to effect a registration referred to in subsection (1) (d), the person must provide to a director the following information, as applicable, in a form approved by the director:

(

a) if the person is an individual, the person's full name and residential address;

(

b) if the person is a corporation or entity that is registered with the Registrar of Companies under

an Act that provides for an address at or to which records may, under that Act, be served on the corporation or entity

(

i) the registered name of the corporation or entity, and

(ii) that address;

(

c) if the person is a corporation not referred to in paragraph (b),

(

i) the name of the corporation, and

(ii) the address of the corporation's head office in

British Columbia, or if the corporation does not have an a head office in British Columbia,

the address of the corporation's head office;

(

d) if the person is a partnership, the name of the partnership,

the full name of each partner, and the head office in British Columbia

of the partnership;

(

e) if the person is a corporation or entity operating under a name other than its registered name, the name under which the corporation or entity conducts or carries out the prescribed industry, trade, business, operation or activity;

(

f) the name and address and contact numbers of an individual who is located at or near the site where the introduction of waste into the environment will occur and who is the local contact for the purposes of the discharge;

(

g) the address and legal description of the location of the facility that produces the waste, and the address, legal description and latitude and longitude of the site where the introduction of waste into the environment will occur;

(

h) the industry, trade, business, activity or operation,

or class of industry, trade, business, activity or operation, in relation to

which the waste is or will be introduced into the environment, as set out in

Column 1 of the table in

Schedule 2;

(

i) the title of the code of practice that governs the discharge of waste;

(

j) if the person previously held an authorization under the Act to discharge waste or has previously registered under this regulation in relation to a code of practice, the ministry's file number for that authorization or registration;

(

k) other information that is relevant to the exemption and specified in the applicable code of practice as required for the purposes of a registration under this regulation;

(

l) other information that is relevant to the exemption and specified by a director in a particular case.

(3) A registration under subsection (2) must

(

a) be provided to a director by registered mail, transmitted

electronically or delivered personally to a director, and

(

b) be accompanied by

(

i) the first annual fee calculated in accordance with

section 9 (1), and

(ii) a written record of the fee calculation in a form approved by the director.

(4) For a person who is required under a code of practice

to register for an exemption under this section, the exemption takes effect

on the effective date of the registration which, in relation to a particular

registration, is the earlier of the following dates:

(

a) the date a director sends a notice in writing signed by the director stating that the person's registration is effective;

(

b) the date that is 45 days after the date the person

delivers the registration and fee under subsection (3) to a director.

(5) A person whose registration is effective under subsection (4) must

(

a) pay the annual fee calculated under

section 9 (1)

on each anniversary of the effective date of the registration, and

(

b) provide a director with written notice within 30 days after

(

i) a change in information provided in the person's registration, or

(ii) ceasing to conduct the industry, trade or business

or to carry on the activity or operation, at the facility referred to in subsection (2) (g).

(6) Despite subsection (4), a registration ceases to be effective

(

a) on the day following an anniversary referred to in

subsection (5) (

a) if the annual fee was not paid in accordance with that subsection, or

(b) 30 days after a change referred to in subsection (5) (

b) if notice was not provided in accordance with that subsection.

(7) The minister, in a code of practice, may specify in relation to an industry, trade, business, activity or operation, or a class of industry, trade, business, activity or operation, whether registration is required for an exemption under this section.

(8) For greater certainty, if

(

a) the discharge of waste from an activity or operation

of an industry, trade or business described in subsection (1) (

a) is not governed by the code of practice set out opposite the title of the industry,

trade or business in the Table in

Schedule 2, and

(

b) the activity or operation is listed in the Table

in

Schedule 1 or in column 1 of the Table in

Schedule 2,

registration under this

section in relation to the code

of practice described in paragraph (

a) does not exempt the person conducting

the industry, trade or business from

section 6 (1) or (2) of

the Act in relation to the discharge described in that paragraph.

False statement in registration

(1) A person who knowingly provides false or

misleading information in a registration under

section 4 (2) commits

an offence.

(2) A person who commits an offence under subsection

(1) is liable on conviction to a fine not exceeding $200 000.

Other code of practice requirements

(1) A person who is exempt from

section 6 (2)

or (3) of the Act because of compliance with

section 4 (1) [exemption

by compliance with code of practice] of this regulation must also comply

with the requirements of the code of practice not described in

section 4 (1) (

c) of this regulation.

(2) A person who fails to comply with subsection

(1) commits an offence and is liable on conviction to a fine not exceeding $200 000.

Substituted requirements

(1) The minister or a director, on his or her

own initiative, may, by order, substitute a different requirement for a requirement

contained in a code of practice if, in the individual case, the minister or

the director considers that

(

a) the substitution is necessary to protect the public or the environment, or

(

b) the intent of the code of practice is met by the substituted requirement.

(2) If the minister or a director makes a substitution under subsection (1), he or she may order that notification of the substitution be given to the public in the manner the minister or director specifies.

(3) A director, on application under

section 8, may, by order, substitute a different requirement for a requirement contained in a code of practice if he or she considers that, in the individual case, the intent of the code of practice will be met by the substituted requirement.

Application for substituted requirement

(1) A person who is exempt from

section 6 (2)

or (3) of the Act under

section 4 (1) of this regulation may apply

for a substitution described in

section 7 (3) by filing with a director

a copy of a completed application in the form specified by the director.

(2) A person who makes an application under subsection (1) must do all of the following:

(

a) within 15 days after the date the application is filed with the director, post a readable copy of the application in a conspicuous place at all main entrances to the site where the introduction of waste into the environment will occur;

(

b) keep the copy posted for a period of not less than 30 days;

(

c) publish notice of the application in the form approved

by the director in one or more newspapers specified by the director;

(

d) advise the director in writing of the date the copy

of the application was posted under paragraph (

a) and the date notice was

published under paragraph (c).

(3) If directed to do so by a director, a person who

makes an application under subsection (1) must

(

a) serve a signed copy of the application on any person

who, in the director's opinion, may be adversely affected by an environmental

impact of the proposed substituted requirement, and

(

b) display a copy of the application in one or more branch post offices of Canada Post Corporation specified by the director.

(4) A person who may be adversely affected by an environmental

impact of a proposed substitution under this

section may notify a director and

the applicant in writing, stating how the person is affected, within 30 days

after the occurrence of the later of the following events:

(

a) the application is posted or published under subsection (2);

(

b) the application is served or displayed under subsection (3).

(5) If directed to do so by a director, the applicant must consult in the manner directed with a person who, in the director's opinion, may be adversely affected by an environmental impact of the proposed substitution to explain and clarify the intent of the application.

(6) An applicant must demonstrate to the satisfaction of a director that the substituted requirement requested meets the intent of the code of practice.

(7) A director, on receipt of an application under this section, may

(

a) request additional information from the applicant

if the director considers the information necessary for the evaluation of the

application, and

(

b) after the 30 day period referred to in subsection (4) is ended and having considered any information provided under that subsection,

(

i) refuse to grant the substitution, or

(ii) grant any or all the requested substitutions to any or all the requirements of the code of practice, for a definite or indefinite period of time, and subject to the conditions the director considers appropriate.

(8) On granting or refusing an application, a director must

(

a) serve a signed copy of his or her decision on the applicant, and

(

b) give notice of it to all persons who gave notice

under subsection (4).

(9) The fee for an application for a substitution is $150 per hour of time a ministry employee is engaged in considering or processing the application and the director may

(

a) require the fee or a portion of the fee from the

applicant before beginning to process the application, and

(

b) invoice the applicant for the fee.

(10) A director may cancel or amend a decision made under

this

section whenever new information demonstrates to the satisfaction of the

director that

(

a) the applicant provided false or misleading material

information in the application, or

(

b) the cancellation or amendment is necessary to protect the environment or the public.

(11) A decision granting an application under this

section

ceases to have effect if the fee under subsection (9) remains unpaid 30 days

after the date of the invoice.

Annual fees

(1) The annual fee for a registration under

section 4 (2) is the sum of the following amounts:

(

a) the sum of the amounts of the base fee set out in

Table 1 in

Schedule 3 for each type of discharge that

(

i) is authorized under the applicable code of practice, and

(ii) is discharged in the course of conducting the industry, trade, or business, or carrying out the activity or operation, to which the registration relates;

(

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

(2) For the purposes of subsection (1) (b), the fee for

each contaminant is calculated by multiplying the maximum quantity of the contaminant

specified in or calculated in accordance with the code of practice by the unit

fee for that contaminant set out in column 2 opposite the contaminant in

column 1 of Table 2, 3, or 4 of

Schedule 3.

(3) As a limitation on subsection (1) (a), if a person

(

a) has paid a base fee for a year in relation to a type of discharge, and

(

b) at the same time or later obtains a discharge authorization

or registers under a code of practice in relation to the same type of discharge

for a period that overlaps with all or part of the year referred to in paragraph (a),

the person need not pay the part of the second base fee

in relation to that type of discharge that applies to the overlapping part of

that year.

(4) For the purposes of subsection (2), the minister may specify in a code of practice

(

a) the contaminants regulated under the code of practice

that are subject to fees, and

(

b) how the maximum quantity of each contaminant is to be calculated.

(5) If a substitution is ordered under

section 7 (1) or (3) in relation to a requirement of a code of practice that affects the calculation of fees under this section, the order must specify how the maximum quantity of each contaminant must be calculated.

(6) If the annual fee in respect of a registration is

changed by an order under

section 7 (1) or (3), the change is

effective on the next anniversary of the effective date of the registration.

Rebates of fees

10 A director may refund a fee paid under

section

4 (3) (

b) or (5) (

a) only on a prorated basis and in the following circumstances:

(

a) the registration under

section 4 in respect of which

the fee was paid is withdrawn by the person who paid the fee;

(

b) the person has already paid an amount that under

section 9 (3) the person was not required to pay.

Schedule 1

Industries, trades, businesses, operations and activities defined

1 In this Schedule:

"abrasives industry" means establishments engaged

in manufacturing grinding wheels or other abrasive products;

"aluminum and aluminum alloy products industry"

means establishments, except home-based businesses, educational facilities and

establishments of hobbyists or artisans, engaged in manufacturing

(

a) aluminum or aluminum alloys, or

(

b) aluminum products including, but not limited to, pipe tubing, aluminum powder or diecast aluminum;

"asbestos mining industry" means establishments

engaged in mining or milling asbestos;

"asphalt roofing manufacturing industry" means

establishments involved in manufacturing asphalt saturated or tar saturated

roofing or siding materials;

"biotechnology industry" means establishments that

use living organisms or biological techniques for research and development or

in a production process, if there is a potential for the entry of living organisms

that can sustain or modify themselves to the detriment of an ecosystem into

the natural environment or the food chain, and includes, but is not limited

to, establishments engaged in the development or manufacture of antibiotics,

insulin, interferon or recombinant DNA;

"burning of vegetative debris" means burning, without

a stack or chimney to vent air contaminants, vegetative matter on the parcel

of land from which it originated;

"burning of waste" means the burning or partial

burning of waste material generated from an industry, trade or business;

"cement and lime manufacturing industry" means

establishments engaged in manufacturing lime or Portland cement;

"chemical and chemical products industry" means

establishments, except home-based businesses and establishments of hobbyists

or artisans, engaged in manufacturing industrial organic or inorganic chemicals,

fertilizers or pesticides, and includes, but is not limited to, establishments

manufacturing food supplements, vitamins or pharmaceuticals, except pharmaceuticals

referred to in the definition of "biotechnology industry";

"clay industry" means establishments, except home-based

businesses, educational facilities and establishments of hobbyists or artisans,

engaged in manufacturing structural, ceramic, porcelain or china clay products;

"commercial waste management or waste disposal industry"

means establishments engaged commercially in the handling, storing, treating,

destruction or disposal of waste soil, solids or liquids;

"contaminated site contaminant management" means

an activity, at or away from a contaminated site, for the treatment, removal,

recycling or destruction of contaminated substances from the site, if the activity

involves a discharge of waste to the environment;

"dairy products industry" means establishments,

except home-based businesses, educational facilities and establishments of hobbyists

or artisans, engaged in processing fluid milk or manufacturing other dairy products;

"electrical or electronic products industry" means

establishments engaged in manufacturing electrical or electronic products, including

batteries;

"electrical power industry" means establishments

that

(

a) are engaged in the production of electricity by the

combustion of fuel, and

(

b) have a rated production of more than 5 megawatts under peak load;

"flour, prepared cereal food or feed industry"

means establishments engaged in manufacturing cereal grain flour, prepared flour

mixes, prepared cereal foods or feed;

"glass and glass products industry" means establishments,

except home-based businesses, educational facilities and establishments of hobbyists

or artisans, engaged in manufacturing glass, glass containers or other glass

products, including establishments engaged in processing recycled glass;

"hazardous waste management" means the generation,

transportation, treatment, recycling, storage, blending, disposal or destruction

of hazardous waste;

"incineration of municipal waste industry" means

establishments engaged in the incineration of waste, except hazardous waste,

(

a) originating from residential, commercial, institutional,

demolition, land clearing or construction sources, or

(

b) specified in a waste management plan;

"incineration of wood residue" means the incineration

of wood residue in a beehive burner, a modified or unmodified silo burner or

a wood residue incinerator;

"industrial fastener industry" means establishments

engaged in manufacturing industrial metal fasteners;

"metal processing and metal products manufacturing

industry" means establishments engaged in manufacturing metal products that

are also engaged in

(

a) spray coating or dip coating metal and metal products, or

(

b) galvanizing or electroplating;

"metal smelting, iron and steel foundry and metal refining

industry" means establishments, except home-based businesses and establishments

of hobbyists or artisans, engaged in

(

a) smelting or refining metals or metal alloys including

aluminum, or

(

b) secondary smelting,

and includes, but is not limited to,

(

c) establishments engaged producing metal products by thermal melting and casting or moulding metals, including reclaimed metal;

"mining and coal mining industry" means establishments

engaged in mining metals, non-metals, coal, gemstones or industrial mineral

ores or in beneficiating mineral ores but does not include

(

a) establishments located in areas or places defined

as "exploration sites" in

section 65 of the Act,

(

b) establishments engaged in discharging coarse coal

refuse, waste rock or overburden if the discharge is managed in accordance with

a permit issued under

section 10 of the Mines Act , or

(

c) gravel, sand, crushed rock or dimensional stone quarries;

"municipal sewage management" means the management

of domestic sewage, domestic waste water or liquid waste originating primarily

from residences, but that may include contributions from

(

a) holding tanks in recreational vehicles, boats and houseboats,

(

b) commercial, institutional and industrial sources, and

(

c) inflow and infiltration,

but does not include an operation exempted from the Act

under

section 3 of this regulation;

"municipal solid waste management" means activities

and operations for the management, treatment or discharge of refuse that

(

a) originates from residential, commercial, institutional,

demolition, land clearing or construction sources, or

(

b) is included in a waste management plan;

"non-metallic mineral products industry" means

establishments engaged in manufacturing non-metallic mineral products using

a rotary kiln or dryer;

"oil and natural gas industry — large" means establishments

engaged in exploring for, producing, transporting, storing or processing crude

oil or natural gas that, in any 15 day period,

(

a) discharge or remove 30 tonnes or more of total sulphur, not including any mass of sulphur discharged from the facility subsurface in acid gas, or

(

b) discharge or remove 4 tonnes or more of volatile organic carbon compounds;

"ozone depleting substances and other halocarbons management"

means establishments, activities or operations that use ozone depleting substances

or other halocarbons or that sell, collect, recycle or manage ozone depleting

substances or other halocarbons;

"paperboard industry" means establishments engaged

in manufacturing paperboard, including recycled paperboard and building paper;

"paper industry" means establishments engaged in

manufacturing any type of paper, except paperboard and building paper, but including

recycled paper;

"particle and wafer board industry" means establishments

engaged in manufacturing boards or panels made from very small pieces of wood

bonded together, and includes, but is not limited to, establishments that manufacture

medium density fibre board or oriented strand board;

"pipeline transport industry with approved operating

plan" means establishments that

(

a) are engaged in operating or maintaining a pipeline

in British Columbia for the transport of natural gas, and

(

b) operate under a specific environmental operating plan approved by a director;

"plastic and synthetic resin manufacturing industry"

means establishments engaged in manufacturing plastics, synthetic resins or

moulding compounds;

"pulp industry" means establishments engaged in

manufacturing wood pulp;

"refined petroleum and coal products industry"

means establishments engaged in

(

a) manufacturing petroleum or coal products, including

asphalt paving materials, emulsified asphalt, liquid asphalt, coal or coke briquettes,

coal coke, petroleum coke, synthetic gasoline from coal, fuels, lubricating

oils or greases, or

(

b) re-processing of waste oil;

"rendering industry" means establishments engaged

in processing by-products from the processing of red meat, poultry or fish but

does not include establishments engaged in processing fish oil;

"sugar processing and refining industry" means

establishments engaged in processing raw cane sugar, sugar beets, or starches

to produce sucrose, glucose or fructose;

"veneer and plywood industry" means establishments

engaged in manufacturing veneer, plywood or laminated wood products;

"wire and wire rope fabricating industry" means

establishments engaged in manufacturing plain, coated or uncoated steel wire,

flat, twisted or braided steel wire or steel rope.

Table

Industries, Trades, and Businesses, Operations and Activities

Abrasives Industry

Glass and Glass Products Industry

Aluminum and Aluminum Alloy Products Industry

Hazardous Waste Management

Asbestos Mining Industry

Incineration of Municipal Waste Industry

Asphalt Roof Manufacturing Industry

Incineration of Wood Residue

Biotechnology Industry

Industrial Fastener Industry

Burning of Vegetative Debris

Metal Processing and Metal Products Manufacturing Industry

Burning of Waste

Metal Smelting, Iron and Steel Foundry and Metal Refining Industry

Cement and Lime Manufacturing Industry

Mining and Coal Mining Industry

Chemical and Chemical Products Industry

Municipal Sewage Management

Clay Industry

Municipal Solid Waste Management

Commercial Waste Management or Waste Disposal Industry

Non-Metallic Mineral Products Industry

Contaminated Site Contaminant Management

Oil and Natural Gas Industry Large

Dairy Products Industry

Ozone Depleting Substances and other Halocarbons Management

Electrical or Electronic Products Industry

Paperboard Industry

Electrical Power Industry

Paper Industry

Flour, Prepared Cereal Food and Feed Industry

Particle and Wafer Board Industry

Pipeline Transport Industry with Approved Operating Plan

Rendering Industry

Plastic and Synthetic Resin Manufacturing Industry

Sugar Processing and Refining Industry

Pulp Industry

Veneer and Plywood Industry

Refined Petroleum and Coal Products Industry

Wire and Wire Rope Fabricating Industry

Schedule 2

Industries, trades, business, operations and activities defined

1 In this Schedule:

"agricultural operations" means operations or activities

carried out on farms for purposes of agriculture, including, but not limited to,

(

a) producing or keeping livestock, poultry, farmed game,

fur bearing animals, crops, grain, vegetables, milk, eggs, honey, mushrooms,

horticultural products, trees, tree fruits or berries, and

(

b) operating machinery and equipment for agricultural waste management or for applying fertilizers and soil conditioners;

"antisapstain chemicals management" means activities

and operations that apply chemicals to lumber to protect the lumber from staining;

"aquaculture — land-based industry" means establishments

engaged in land-based aquaculture, including but not limited to,

(

a) those engaged, for the purposes of land-based aquaculture, in

(

i) culturing or collecting freshwater or saltwater species

of finfish or shellfish, or

(ii) harvesting other freshwater or saltwater products, and

(

b) those engaged in operating finfish or shellfish hatcheries, rearing ponds or other similar facilities where finfish or shellfish are fed, nurtured, held, maintained or reared in fresh water to reach a size for release or for market sale;

"aquaculture — marine-based industry" means establishments

engaged in saltwater aquaculture, including but not limited to

(

a) those engaged, for the purposes of saltwater aquaculture, in

(

i) culturing or collecting all species of saltwater finfish,

(ii) trapping or otherwise catching saltwater shellfish, or

(iii) harvesting other sea products,

(

b) those engaged in operating saltwater fish farms (finfish aquaculture), and

(

c) those engaged in other activities that create waste and are incidental to saltwater fish farms, such as net washing;

"asphalt plant industry" means establishments that

operate hot-mix asphalt plants, hot-in-place asphalt recycling plants or operations

using cutback asphalt;

"beverage industry" means establishments, except

home-based businesses and establishments of hobbyists and artisans, engaged

in producing or filling containers, as defined in the Extended Producer Responsibility

Regulation, with beverages, including, but not limited to, alcoholic beverages,

soft drinks or water;

"coalbed gas exploration and production industry"

means establishments, at all stages of an operation from exploration through

to abandonment, engaged in discharging to the environment produced water or

related solids from a coalbed gas operation;

"composting operations" means composting of organic

wastes or other feedstocks;

"concrete and concrete products industry" means

establishments, except home-based businesses, educational facilities and establishments

of hobbyists or artisans, engaged in manufacturing ready-mix concrete or concrete

products;

"deep well disposal" means the disposal of waste

fluids underground to porous rock formations, through wells or other means;

"fish products industry" means establishments,

except home-based businesses, educational facilities and establishments of hobbyists

or artisans, engaged in the processing, including but not limited to eviscerating,

skinning, filleting, breading, pre-cooking or blanching of fish, molluscs, crustaceans,

or other marine animals, and includes establishments engaged in processing fish

oil or fish roe;

"fruit and vegetable industry" means establishments,

including fruit or vegetable growers and cooperatives, but not including home-based

businesses or establishments of hobbyists, engaged in processing fruits or vegetables

by canning, drying, freezing or any other preservation process, and includes

producers of juices, pickles, ketchup and similar products;

"industrial non-hazardous waste landfills" means

activities or operations, incidental to industrial operations, for the disposal

to land of wastes that are not hazardous waste;

"naturally occurring radioactive materials management"

means activities and operations associated with controlling or discharging naturally

occurring radioactive materials that exceed the limits specified in Tables 5.1

and 5.2 of the Canadian Guidelines for the Management of Naturally Occurring

Radioactive Materials (NORMs),

(

a) prepared by the Canadian NORM Working Group of the Federal Provincial Territorial Radiation Protection Committee,

(

b) published by authority of the Ministry of Health (Canada), and

(

c) as amended from time to time,

but does not include managing radon in buildings;

"oil and natural gas industry — small" means establishments

engaged in exploring for producing, transporting, storing or processing crude

oil or natural gas that, in any 15 day period,

(

a) discharge or remove less than 30 tonnes of total

sulphur, not including any mass of sulphur discharged from the facility subsurface

in acid gas, and

(

b) discharge or remove less than 4 tonnes of volatile organic carbon compounds;

"petroleum storage" means the storage or transfer,

except by pipeline, of bulk petroleum products;

"pipeline transport industry" means establishments

that are engaged in operating or maintaining pipelines for the transport of

natural gas, crude oil or related products or commodities, but does not include

those with an operating plan;

"placer mining industry" means establishments that

mine placer minerals as defined in

section 1 of the Mineral Tenure Act ;

"plastics and composite products industry" means

establishments engaged in using synthetic resins to fabricate shapes or forms

of plastic;

"poultry processing industry" means establishments

that process more than 130 tonnes live weight of poultry per year, but

does not include establishments included in the definition "rendering industry";

"primary wood manufacturing industry" means establishments

engaged in manufacturing lumber or lumber products, including, but not limited

to, shingles, shakes and finger jointing products, but does not include secondary

wood manufacturing industries;

"product storage — bulk solids" means activities

and operations for the storage or handling of cement, lime, gypsum or gypsum

products, elemental sulphur, coal, grain, flour, metal concentrates, industrial

minerals, fertilizers or explosives;

"secondary wood manufacturing industry" means establishments,

except educational facilities and establishments of hobbyists and artisans,

engaged in manufacturing wood or millwork products, including, but not limited

to, prefabricated buildings, furniture, chopsticks and pellets;

"slaughter industry" means establishments engaged

in processing more than 1 500 tonnes of red meats per year, but does not

include establishments included in the definition of "rendering industry";

"soil enhancement using wastes" means activities

and operations applying organic or inorganic wastes to land as a soil conditioner

or ground cover;

"vehicle dismantling and recycling industry" means

establishments engaged in wrecking or dismantling vehicles or in recycling or

disposing of parts and other waste material from vehicles;

"vehicle, industrial machinery and parts and accessories

manufacturing industry" means establishments engaged in manufacturing automobiles,

buses, truck chassis, truck tractors or other vehicles, industrial machinery,

vehicle engines or other transportation equipment, supplies or parts;

"wood preservation industry" means establishments

engaged in treating wood products against decay.

Table

Industries, Trades, Businesses, Operations and Activities

Code of Practice

Agricultural Operations

Antisapstain Chemicals Management

Aquaculture — Land-based Industry

Aquaculture — Marine-based Industry

Asphalt Plant Industry

Beverage Industry

Coalbed Gas Exploration and Production Industry

Composting Operations

Concrete and Concrete Products Industry

Deep Well Disposal

Fish Products Industry

Fruit and Vegetable Industry

Industrial Non-hazardous Waste Landfills

Naturally Occurring Radioactive Materials Management

Oil and Natural Gas Industry — Small

Petroleum Storage

Pipeline Transport Industry

Placer Mining Industry

Plastics and Composite Products Industry

Poultry Processing Industry

Primary Wood Manufacturing Industry

Product Storage — Bulk Solids

Secondary Wood Manufacturing Industries

Slaughter Industry

Soil Enhancement Using Wastes

Vehicle Dismantling and Recycling Industry

Vehicle, Industrial Machinery and Parts and Accessories Manufacturing

Industry

Wood Preservation Industry

Schedule 3

Table 1

Base Fees

Column 1

Type of Discharge

Column 2

Base Fee

Air

$100.00

Effluent

$100.00

Refuse

$100.00

Storage

$100.00

Table 2

Contaminant Fees for Air Emissions

Column 1

Contaminant

Column 2

Fee Per Tonne Discharged

if payment

date before

March 31, 2005

if payment

date

April 1, 2005

March 31, 2006

if payment

date after

April 1, 2006

Ammonia

$14.69

$15.74

$16.78

Asbestos*

$14.69

$15.74

$16.88

Carbon Monoxide

$0.39

$0.42

$0.45

Chlorine and Chlorine Oxides expressed as chlorine dioxide equivalent

$9.88

$10.58

$11.29

Fluorides

$589.68

$631.64

$673.60

Hydrocarbons

$14.69

$15.74

$16.78

Hydrogen Chloride

$9.88

$10.58

$11.29

Metals

$589.68

$631.64

$673.60

Nitrogen Oxides expressed as nitrogen dioxide equivalent

$9.88

$10.58

$11.29

Phenols

$14.69

$15.74

$16.78

Sulphur and Sulphur Oxides expressed as sulphur dioxide equivalent

$11.44

$12.25

$13.07

Total Particulate

$14.69

$15.74

$16.78

TRS

$491.40

$526.37

$561.33

VOCs

$14.69

$15.74

$16.78

Other contaminants not otherwise specified in this table

$14.69

$15.74

$16.78

* Units of Asbestos are equivalent to cubic metres of air emissions

per minute at a concentration of 2 fibres per cubic centimetre.

Table 3

Contaminant Fees for Air Effluent

Column 1

Contaminant

Column 2

Fee

if payment

date before

March 31, 2005

if payment

date

April 1, 2005

March 31, 2006

if payment

date after

April 1, 2006

Ammonia

$90.09

$96.50

$102.91

AOX

$239.20

$256.22

$273.24

Arsenic

$239.20

$256.22

$273.24

BOD

$18.07

$19.36

$20.64

Chlorine

$239.20

$256.22

$273.24

Cyanide

$239.20

$256.22

$273.24

Fluoride

$90.09

$96.50

$102.91

Metals

$239.20

$256.22

$273.24

Nitrogen and Nitrates

$36.01

$38.57

$41.13

Oil and Grease

$60.06

$64.33

$68.61

Other Petroleum Products

$60.06

$64.33

$68.61

Other Solids

$11.96

$12.81

$13.66

Phenols

$239.20

$256.22

$273.24

Phosphorus and Phosphates

$90.09

$96.50

$102.91

Sulphates

$3.51

$3.76

$4.01

Sulphides

$239.20

$256.22

$273.24

Surfactants

$60.06

$64.33

$68.61

Suspended Solids

$11.96

$12.81

$13.66

Other contaminants not otherwise specified in this table.

$11.96

$12.81

$13.66

Table 4

Contaminant Fees for Air Effluent

Column 1

Contaminant

Column 2

Fee

if payment

date before

March 31, 2005

if payment

date

April 1, 2005

March 31, 2006

if payment

date after

April 1, 2006

Refuse

$0.65

$0.70

$0.74

Copyright

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