Bill 132 (Legislature 16, Session 4)

L16 S4 4963

Alberta — Bills

ly {or duc~ion 5~EAr\ER: Bill No. I~? d __ r bog leave to introduce a Bill, being

An Act to Control Air, Water and Soil Pollution for Alberta. -- 2 M,~rch 1271 (Signed)

.. Short ':itle 2. Statc~£nt of Po~icy 3.

Definitions (.:) \.J ~ t e r Po 11 u t ion

Bill 1971

An Act to Control Air, Water and Soil Pollution for Alberta (Assented to , 1971) HER MAGESTY. by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. This Act may be cited as The Air, Water and Soil Pollution Control Act. 2.

Whereas the pollution of the air, waters and soil of the Province of Alberta constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial u,ses of air, water and soil, and

whereas the problem of air, water and soil pollution in this Province is closely related to the problem of Air, Water and Soil pollution i~ adjoining provinces, it is hereby declared to be the public policy of this province to conserve the air, waters and soil of the Province and to protect, maintain and improve the quality thereof for public use, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural. industrial, recreational and o the r legitimate beneficial uses; to ma~ntain such a reasonable degree of quality of the air resources of the Province to protect the heal th, general welfare and physical property of the people, and to provide that no waste be discharged into any waters of the Province without first receiving the necessary treatment or 'other corrective action to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing air, water and soil pollution; and to co-operate with other agencies or jurisdictions of the Province, and agencies of jurisdictions of other Provinces, and agencies or jurisdictions of the Federal Government of Canada in carrying out these objectives. 3.

For the purposes of this Act, the following words and phrases mall have the manings ascribed to them in this section:

(1) Subdivision #1 - Water (a) "Pollution" means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the Province of Alberta, including change in temperature taste, colour, turbidity, or odor, of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the

Province as will, or is likely to, create a nui~2~C~ or render such waters harnful, ~ctrimcntal or i~j~~~oUS to public health, safety or welfare, or to do~esti~, commercial, industrial, agricultural, recreationa: -~ other legitimate beneficial uses, or to livest0c~) ~~L~ animals, birds, fish or other aquatic life. (

b) IIHastes" P.'!eans sewage, industrial wastes, oil £ie:'~ wastes, and all other liquid, gaseous, soi~d radio~=t:ve, or other substances which may pollute or tend to p:llute any waters of the Province. (

c) flSeHage system ll means pipelines or cond:.!its, pumpi:-.; station~, and force IT~ins, and other structures, c~~·ices, appurtenances and facilities used for collecting cr conducting wastes to an ultimate point for treatce~~ or disposal. (d) "Treatment works" means any plant or other 'vorks, :.:sed for the purpose of treating, stablilizing, neutral~zing, oxidizing, or holding wastes. (

e) IIDisposal systen" means a system for disposing of · ... ·astes, either by surface o~ underground metho~s, and inc::.:~es sewerage systems, treat~cnt works, disposal wells, anci such other systems as modern technolo;y develops for waste and sewage handling or treQtment. (f) "Waters of the Province" means all .waters within t::e ju:oisdict ion of the Province of Alberta, inc ludin~ all stream, lakes, ponds, impoun~ing rese=voirs, mars~es, watercourses, ~aterway5, wells, springs, irrigatic~ systems, drainage systems, and all other bodies 0= accumulations of water, surface and underground, ~~tural or artificial, situated wholly or partly within cr borderi upon the Province, inc luding all 'vaters within th2. !~aL j t.':;. Parks in the Province, but not including ~uch lakes, pond or other surface waters which are wholly landlock;d and priv41tely o,med. (g) "Stre,:-..

":l standard" or "stream standards!T means such rneasur and or ~easures of purity, or quality for any wat~~s in relation to reasonable, necessary and safe use. (h) "Water Quality Criteria" means a cumulative cor.,po~ite of all the standards taken in totality to co~plctel: and adequately define all the characteristics of a wa:er stream or body which is used for the propagation Qf man, plant and ani~al.

( . \ ;)) '~astes (

c) Sewage system Treatment Horks Disposal system (:

E) Waters of the Province , ' \.;) Stream S~andards Water Qual~ty Criteria

(2) s \.! b d i vis ion {f 2 A:" r (...) IlAir contaminar.t" r.1cans ~')art:'cu~c:.te mat"i:.er, c:...:st, ft::-:1cs, aerosols, cas) D~st~ s~oke C~ vapour O~ a~y co~~~n~:io~ thcrco:C produced by ?:COCCSS2~ o'eher 'Chc:.~1 natura 1 >,;. (v) "Air pollution" r::ean.: the ?:-2scnce i';. the outdoo::- at~osphere of one or more ai~ cOutaminants in qua~~ities, of characteristic, and of a ~~ration which are mate:-ially i~jurious, obnoxious or haz~:jous) or can be T2aso~abiy expected to beco~e mate:cially injurious, obnoxioLs, 0:':- haz2 to human, plant or animai l~~e or to property or ~~ict unreasonably interfere with e~joymeGt of ~i£e or u~e of property, throushout the Prc~ince or throu~hout suc~ area of the Province as s~',all be E.£fectec the~2by. (c) "Air contamination" means tr.2 prese~1ce in tne outdoor a.tr.lOsphcre of onc or more ai-:- contaminants w::-tich cc:-.'cribt.:t2 ~o a condition of a~r pollut~on. (d) "Air contaminzr:: ion source" r..~ans ar.y source at:; :.:: rC::1, or ~y reason of which there is 2~i'Cted i~to C~2 &c~~s~~ere any air c;)r.taminant, regard12ss of \..;1'.0 the perSOll ":'"2y be y,~, o·,v.1s or o~)er-C':!.:es the D1.:ildi::;, premises, rr.achinery> convcy.::.;ncc, or other p~-opert:; 0::: eC.·l.li~)~;E:nt in, z.c, G-;: 0:1 whic~ such source is iocate~, or c~e iacii~ty, e~~~~~e~[ or other ?roperty by which the 2~ission ~s eau e6 0: ~r0~ which tne emission cOmes. (

c) IiAir-c~caning Gevicc Vi means E.ny method, process or c~1uipment \lhici1 removes, rec:.:ces or renders ~.:::ss ncxio'Us 3.:...r contam ·.\lant s di scharged into the atmos ~J:,e re. U) 1;~''':-2c. 0':' the P:.:ov inee" means any city , county, C.O\,-:) ~ ~~~ici?c.lity or poreion thereof 0: ot~2r s~~sc.anti~~ 8eogra~hic area of the Provi~ce as may be designa:ed ~y t.--.c AlDerta ..:\ir and Hater Pcllution Control Conun::'ssiof .• (g) "A~b ien t Standard" or "Ar.tb iE:1C Standards fl r:.eans 2. =eCiS ~ re 0':' t~e conce~tration of an air contaminant ceasuic~ _~ c~e general surrounc:!ing enviro~-2I'lt at ground level or at any s;ccified elevation. (

h) ilEmission Stc..:",dard lt or n:'::f:li3siot. S'~anciards" =::eans a measu::~ of the concentrat io::. of .1i~ a::'r contG.--:linar'.t ::ic.:.::, .... :-e: ~t its source or at the poi~: o~ ~e~ease ~o the ge~c:~~ surrounding environment.

(

c) Air Conta=ination (d~· .. c..i.:r Conta=inat ::on Source (

c) Air Clcan~n& Devices ( -, . :':) , A-:I:..ii of. ?::-ovince (:; ) ( , , [I.)

Subdivision 113 - Soil Soil pollution shall for the purpose of this Act include (

a) The diss ~-.:' nation of unc oYltrolled and unregulated chemica~ substances or fOl~~lations, whether natural in form or chemically produced upon the surface of the soil in quantities such that t:-,c.;se substances present a hazard to man, animals or plants. (

b) The desecration of the surface of the earth as the result of ~urface mining operators, gravel operations, construction of man-made roads, ditches, and such structures as. may impare tlte asthetic beauty and the functional capability of the soil or earths .:;"1....... ",,-'ace. (

c) Any operation, be it road building, ditch co~struction, right of \1ay clearing, logging operc.:tion, plant construction, or any other undertaking by :nan \·:hich may give rise to serious siltation of adjacent lakes, streams, creeks, or rivers.

Soil Pullution

(4) Subdivision 4 - Genaal (a) "Connnission" means the Alberta Air and Water Pollution Control Connnission. (b) "Person" means the Province or other agency or institution thereof, any urban centre, twon, village, country, municipality, political subdivision, public or private corporation, individual, partnership, association, or other entity, and includes any officer or governing or managing body of any urban centre, twon, village, coun try, municipality, political subdivision, or public or private corporation. (c) "Province" means the Province of Alberta. 4. Creation and Organization of the Alberta Air and Water Pollution Control Connnission.

(1) There is hereby created and established in the Province of Alberta the Alberta Air and Water Pollution Control Commission, which shall be composed of a total of twelve members selected or designated as follows: (

a) The Director of The Environmental Health Division of the Provincial D~partment of Health. (

b) The Director of the Water Resources Division of the Provincial Department of Agriculture. (

c) The Chairman of the Oil and Gas Conservation Board of the Provinces of Alerta. (

d) The Director of Fish and Wildlife of the Provincial Department of Lands and Forests. (

e) The Director of the Industrial Health Services Division of the Provincial Department of Health. (

f) One member to be selected by the Alberta Urban Municipali ties Association. (

g) One member to be selected by the Alberta Association of Municipal Districts and Counties. (

h) One member to be sdected by the Alberta Fish and Game Assoc (

i) One member to be selected by the Alberta Division of the Canadian Manufacturers Association.

(al Corrunission (

b) Person ee) ?rovince 4. Creacion of Organization of the Conunission (,.l Composition of the Conunission

(

j) One member to be slected by the Farmers Union of Alberta or its successor. (

k) One member to be slected by the Alberta Federation of Labour.

(1) One member to be slected by the Association of Professional Engineers of Alberta.

(2) The five civil servants shall retain their membership on the Conunission as long as they shall retain their respective position~i in the Alberta Civil Service. The term of office of those mem bers slected by the Organizations listed shall be five (5) years~ except for the first terms, which shall be three (3) years for those selected by the Alberta Fish and Game Association of Professional Engineers of Alberta. The Commission shall ensure that any vacancy occurring in its membership shall be filled witt in one year from the date of vacancy. The Commisaon shall carry out the functions and duties conferred on it by this Act.

(3) There shall be the following associate members of the Commissic who shall have the righI to meet with the Commission at any time n and ghall be subject to the call of the Commission at all times. andwsRall have the right of full discussion in matters pending before the Commission, but who shall have no vote thereon; (

a) The Provincial Epidemiologist (

b) The Provincial Bacteriologist (

c) Head, Water Pollution Control Section, Environmental Health Services Division of the Provincial Department of He~h (

d) Head, Air Pollution Control Section, Environmental Health Services Division of the Provincial Department of Health. (

e) The Medical Officer of the City of Edmonton. (

f) The Medical Officer of the City of Calgary. (

g) The Deputy Minister of the Departmedof Agriculture. Anyone or all of the aforesaid associate members shall have the right to designate in writing some other official or person employed by the respective organization to represent the person designated herein as an [associate?] member.

4.2 Terms of Office 4.3 Associate 7echnical Members

(4) Each Provincial agancy member of the Commission may, by official order filed with the Executive Secretary of the Commis sion, designate a represe~tive of his department to perform the duties of the member making the designation. Such person, if any, so designated, shall have the powers and be subject to the duties and responsibilities of the office appointing him.

(5) There shall be the following associate members of the Commission who shall have the right to me,et wi th the Commission at ,any time and attend all or any Commission meetings or settings, and who shall have the right of full discussion in mat~ ters pending before the Commission, but who shall have no vote thereon, and furthermore whose primary task will be to act as official critics of any or all Commission action. or lack of action, and whose additional task will be to monitor the complaints of the public at large and apprise the Commission of such complaints both privately and publically.

It is recognized that such associate members will be representatives of the people having been duly elected by the people in elections legally sanctioned by the statutes of the Province of Alberta. (

a) Two elected MLA's of the political party forming the Government of the Province of Alberta and designated by the Provincial Premier. (

b) Two elected MLA's of the Official Opposition in the Alberta Legislature and designated by the Leader of the Opposition. (

c) At the invitation of the Premier of the Province the Mayor of the City of Edmonton in consultation with the duly elected Aldermen of the same City are to select an alderman of their choice for representation as an associate member~ (

d) At the invitation of the Premier of the Province the Mayor of the City of Calgary in consulation with the duly elected aldermen of the same city are to select an alderman of their choice for representation as an associate member.

(6) The Province agency members (civil servants) and associate technical members of the Commission who are civil servants shall receive no additional salary or per diem for their services as members of the Commission.

4.4 Member ucsignate 4.5 Associate Elected Members 4.6 Compensation for Services

5. Within ninety (90) days after the day this Act has been assented to and the selection of all Commission Members, the Members of the Commission shall meet in Edmonton and organize, electing one (1) of the members Chairman and one

(1) Vice-Chariman, and both shall hold meetings upon term of two (2) years maximum. The Commission shall hold meetings to be held less than once per calendar quarter.

The Commission may hold special meeti~ and open hearings at any place in the Province, but the Secretary of the Commission shall give reasonable written notice of such speciall meeting or hearing, stating the hour, date, place and purpose of such meeting, such written notice to be delivered to the office of each member and associate member of the Commission and the Executive Secretary thereof at least forty-eight (48) hours prior to the meeting or hearing; provided further, that the Chairman or Vice-Chairman of the Commission must call such special meeting upon receipt of a written request therefor filed by two (2) members of the Commission with written notice to be given as herein provided.

A majority of the members of the Commission shall con stitute a Quorum.

5. Commissiol-' Hccti~gs Quorum

Administrative employees - (1)

(2) At its first regular meetings after organization, or as soon thereafter as practical, the Commission shall appoint an Executive Secretary who shall be a person fully trained and experienced in pollution control. The Executive Secretary shall continue in office at the pleasure of the Co~~ission and his salary shall be fixed by the Commission, to be payable monthly, and he shall have reimbursed to him all actual and necessary expenses incurred in carrying out hi~~ official duties while a~lay from home, upon presentation of proper vo~chers.

The Executive Secretary shall exercise admL~istrative supervision of air and vrater pollution and water quality control progrc.r:ls adopted by the Commission and in the interim 'betrvleen meetings of the Commission shall have authority to perform in the name of the Commission all functions and duties delegated to him by the Commission. The Commission may delegate any of the p,~,7:rers and duties vested in it by this Act to th~ Executiv.,~ Sec)·(:t.ary except the adoption and promulgation of stando.rJs, ru::"cs and regulations; the revocation of permits; and the issuance, modification, or revocation of order,S.

The Commission is hereby designated as the Provincial Water pollution control agency for this Provll1ce for all purpo;:;c )f the Federal Government Canada Viater Act and any additional Acts which duly become law, and the Commission is also hereby designated as the Prov.D1cial Air polluti(';': control agency for this Province for all purposes 0 .J air quality control legislation enacted by the Fed8:;"d.i Government of Canada; and in both instances shall be empowered to receive and disburse funds within the limits of the appropriations to it by the Federal Government of Canada or from any other source.

o. Adrninistrat~ ve Employees

(2) Representations on Other Jurisdictions

(3) The Commission shall have repr'8sentation aT, all meetjngs of the Alberta Advi'Jory Com'Tli~v l·ce on Pollution Control ano. its sub-committees organized aT.a. directed by U-:.e Provincial Depa2G!:lc;n-::' of Health, and sh:::..ll give due vreig::.!G and consideration to all recoITUllendations and st;.:;gestio~~.s made by this C;O:T";Tl~t tee and iJc,s sub-committees, but it is not bound by any condition in this Act to adopt or take action on any such recommendations or suggestions as are made. )OHer and Duties of the Commission - ~[je Commission shall have and may exercise the following powers md duties: '2' \ ) General superVlslon of the adr.1inistratiC'~ and enforcement of this Act a'l1d all rules u.-," ... egulations and orders pr08ulcated thereunder.

To develop comprehensive progra~s for the prevention, control and abatement of nevl or existing pollution of ·~[.e air and waters of the Province. CO~~Q ••••••• p.1Q

Recomr(jendations by Other Committees 7. Power and Duties

(1) Administration of Act

(2) Anti-pollution ?~"og:{"ar~~3

(3) To coordina:e and approve all · ... 'ork and programs t:nder .. taken by all other Provincial Governr.lent agencies L~~ the fields cf Air and Water pollution.

(4) To advise, cO-:lsult, contrac: a:1d cooperate with o:her agencies of the Province, the Federal Govcrnme~=, other Provinces, z.:-.d i~-l:.(:rprovir.ci2.1 cgencies, and af~ected groups, pol~=ical subdivisions and industries i~ furtherance of the purposes of this Act, and shall have the authori:;· to enter into cC:::?.1cts with any o::-:er Province or ?rovinces for the ?urp~se of achiev~~g the objectives 0: this Act with respect to interprov~ucial streams and ~Qters.

(5) Functioning of the Co~ission is dependent upon :-eceipt of grants, gi£:5, or appropriatio:1s by the Provinc~l legis lature or t~e Federal Gover~~e~t, and the entire existence and functio:::'ng of the COr.1illiss~on is depe:-:,~'~nt l:?Oil the appropriatic~ of such funds.

(6) To examine, investigate, and aco;>t methods of rz. :.s~ng funds for ~jor public installations or prograns directly associated with the :-egulation and con~~ol of air and ~ater pollution including such altc~~tives as admini5t~2.ting the collect~oil of cha~ges ana :urther to rccor.'I.'11CnC to Government such proposa ls offer~~g tax relief and ~::centive progra~s designed to acce1~rate air and w~ter pollution regulation and control.

(7) To encourage, coordinate, participate in, or co~duct studies, investigations, resea:-ch and dernonstr~tions relating to air and water quality and pollucio~1 and. causes, prevention, control a~G abatement, and s~?er vision as i~ ~y deem advisable and necessary fo~ the discharge of its duties under this Act.

(8) To '~ollect a::d dissemil;:-~ te infoI7'uat ion rela ting to air and water q~lity, and pollution, and the prever.~ion, control, s\!?ervision and abat~ent thereof.

(9) To adopt, 'Codify, repeal and p~o:Ir.llgate, after c\.:e notice and ~earing, and to enforce rules and reg~la tions imple=enting or effect~~~ing the powers a~d duties of t~e Co~ission unde= this Act and as t~e Commission =..::.y deem r ......... 2ssary 4:0 prevent, control .:::..nd abate exist~; or potential pollution; the Co==ission shall requi~e that every Corn=e:-cial, Industrial, ~nd Municipal o~;anization or body shall yearly (be~Aeen March 15 anc ~~y 15) register with the Co~issio~ the

(3) Coordination and ~pproval of work a~d programs.

(4) Relationship with other agencies.

(5) Administration 0= funds.

(6) Raising of funds.

(9) Registration of pollution.

identifying details of each and every pollution 5:r22~ or strea~s dischar~ed to the genera~ environnent 2~d the Commission shall subsequently issue to :ne o~:2niz ation or body an annual pen~it fo~ c?e~dtion of ~~~~ facility; such details shall include the point of discharge of the pollutant or po1.1 .. c::'on to the 2:::0S phcre or general enviro~~e~t or to ~ water body cr bodies, an estimate of its total vol~~e, its fre~~cncy of discharge, and the co~centration of eac~ and ~11 pollutants.

(10) T:1C Commission, after diligent and c.dequate cons'..:lta tion with all Provincially interesttj and or aff~~ted bodies, shall classify all bodies of water, or s=rea~s ~'ld rivers of \Va ter, w it~ in the Prov:'nce accord ir-.~ to vsej classification shall be accord~~g to one or =or~ or any c~bination of the folloHing use classifi~2tions; Contact Recreation; Non-contact Recreation; Prc?=gation ofF ish and ~'1 i 1 d 1 if e; F ish in g; A est :-. e tic s; H in i r". :: and Recovery of Hine1.-als; 1':avigation; DC'::lestic Rmv \{~:er Supply; Irrigation and ~iversion; Hydroelectric; Industrial Supply; Industrial Cool~g Supply.

After establishing use classifications the Commission shall then establish ove::-all water qt:=lity criteria and water quality standards for each a~j all body of water, streans and rivers of water, wit~~~ the Province. Furthermore the COm:T1issicrl shall est2.":>lish minimum standards of quality of all effluents be~ng discharged into any body, stream or river of water within the Province. Such standards shall be publishec and issued by the Commissio~ ~s binding regulations.

(11) The Commission, after adequate and diligent con5~ltation with qual~£ied technical eh~crts a~d bodies and a thorough review and understanding of action in s ~ilar jurisdictions, shall establish air quality ambiE~t standards for the contrul and regulation of air ?ollution control of any or all designated a=-eas withi •. t:-"e Province.

Furthermore the Co~ission shaLl est~~lish minimum e~ission standards as it s~all deem ne~essary for the adequate protection of peo?le, plants a~~ animals, for commercial, industrial, and nunici~;l installations releasing odourous, o~noxious, hG==rdous, pOisonous, irritating, or otherwise disagreeable HAir Contaminants" to the at':'ilosphere or genera: sur;:;::--.;ndings.

Furthernore the C~ission shall estaDlish, ~hen in its opinion it beccr:::es necessary to do so, c:'sch3rge concentration$of hydrccarbons, car:;on r~lOno:xiGe .;.::~ 0 oxides of nitrogen frc=' all new and used c.iesel-?o·~erc~ vehicles, and all new internal co=.~\;stion moto:- \gehicles operated within all or designated ~reas of the ?rovincc. The Commis~, .-~ shall approve and certify all cl..:.sses of

(10) Water use classification and quality standards.

(11) Air Pollution·Stand~rds. Automobile exhaust crnmission standards.

devices that ~~e found adequate in li=iting the exhn us t conce:-.:::-a t ions f rOiil in tc rna 1 c x:~us t ion vehicles only such devices as are ccr~!ficd shall be recognized ;'$ confoming within th~ ?' "'isions of this Act. l:-, .. -.;rnal co~bustion, veh~::i,-", .:;hall be construed to ':e: all con:mercial vchicl-2s, motor vehicl.es, ir..?:£!:::ents of husbandry, rno,:~rcycles, pas senger vehicl~s, trucks, truck tracto~5, buses, snowmobiles.

(12) To issue, nc·::.fy, or revoke orders (

a) prohibiting, controlling c= abating discharges of c~ntarninants an~ wastes into t~e air and waters of the ?rovince; (

b) requiring the construction of new dis~osal systems, or air cleani~; devices, or any parts ~~ereof, or the modification, extension or alteration of existing disposal sys~~s, or air cleaning dQv~~es or any pa~~5 thereof, or t~e adoption of other re=~dial ~easures :0 prevent, con~=ol or abate air and watc= pollution; a~~ (

c) setting s,:andards of water quality or ambient or emmission ai= standards, or evidenci~3 any other detcrminatio~ by ~he Commission unde~ :his Act.

(13) To hold such :-.earings, to issue noticE:s of hearings and subpoenas requiring the attendanc2 of such wit nesses and tte production of such evi~ence, to administer o~,:~s, and to take such tes:imony as the COmmission de~~s necessary.

(14) To require tr_;,;: prior subr:1ission of pl=..ns, spccificat:'cns, and other da t~ re la t ive to, and to ir:~?'ect the cons t :--.;c tion of and Ferformance of, disposal syste~s, Co~er~ial and Industri~l Plants or Installatior:s, or nny air cleaning devi:es or any part thereof !~ connection w~=h the issuance of such pennits or apprc-.-al as are requ:'=eJ by this Act.

(15) To issue, co~~inue in effect, revoke, :Jodify or deny, under such cc::ditions as it may presc=ibe, to prever:,:, control, or z~ate pollution, permits =or the dischar;e of contaminn~,:s and wastes into the a!r and waters 0: the Province, for the installation, c~dification or operation of ~isposal systems, or ai= cleaning devices or any parts thereof.

(16) T.o require p:-t'per maintenance and ope=ation of dispcsal systems, or air cleaning devices.

(12) Orders - issue - revoke - modify. (13)' l:earing~.

(14) Submission of Plans and, Specificatic~s. (15) Issue, revoke and modify permits.

(16) Maint~nance of systems.

(17) To exercise all incidental powers necessary to carry out the purposes of this Act.

(18) The Commission shall in such manner as it sees fit delegate the duties and powers relating to air and water quality and pollution control to the Provincial agency members or associate members presently engaged in the several fields of water or air control of pollu tion. In cases of differences of opinion between such Provincial agencies as to their respective field of openeion, the Commission shall delegate said responsibility to the proper agency, and the Commissionf~ action shall be final.

(19) Nothing contained in this Act shall be deemed to grant to the Commission any jurisdiction or authority to make any rule or regulation, recommendation or determination or to enter any order with respect to air conditions existing solely within the buildings, or shops or to affect the relations between employers and employees with respect to or arising out of any air condition. 8. Protection of Confidential Information - Any information relating to confidential processes, devices, or methods, or manufacture, or production obtained by the Commission or its employees in the administration of this Act shall be kept confidential. Anyone violating this

section shall be liable to civil action for damages arising therefrom and shall also be quil ty and punishable as provided by Alberta law. 9. Prohibitions; Permits Required _

(1) Air - It shall be unlawful for any person to build, erect, alter, replace, use or operate any equipment which will cause the issuance of air contaminants unless he holds a permit from the Commission, except repairs Or maintenance of equipment for which a permit has been previously issuec The Commission may revoke or modify any permit issued hereunder or deny any permit whenit is necessary in the opinion of the Commission to prevent, conttol or abate air pollution.

A permit shall be issued for the operatior or use of any equipment or any facility in existence ~pon the effective date of any rule or regulation requir lng a permit if proper application is made therefor and , no such permit shall be modified or revoked without prior notice and hearing as herein pr~ded.

Any person who is @ denied a permi t by the Commission or who has such permi t revoked or modified shall be afforded an opport~nity for E hearing in conn ection therewith upon written l' t' made within the t (30) app lca lon such denial, r~~o~ation ~;Y~o~~:~r s~rvice of notice of of a~y eXisting equipment or f~c~~:;lonf· Th~ operation permlt application Y or whlch a proper

(17) Incidc~~al powers.

(18) Delegation of duties to agc:1cies.

(19) Scope of jurisdiction of Act. 8. Contidential Information.

has been made shall not be interruptcd pc~ding final actic~ thercon. The Commission u~dcr such rulcs ar.~ regulations as it may prcscribe, Ti'.ay requirc thc subniss:'on of such plans, specificntions, ar. ~ ot!icr infornation as it deems necessa::-:; to carry out the provisions of this Ace or to carry out th~ rules and regulations adopted pursuant to the provisions ot this Act. The COI'!!iTlission shall act on c.~",)lications Hithin. ninety (90) days of their receipt in the·Co~issionfs principal office.

(2) Water - It shall be unlawful for any person to cause pollution of any waters of the Province or to place or cause to be placed any wastes in a location w~ere they are likely to cause pollution of any waters of the ?rovincc; and to discharge any wastes into any waters of ~he Province which reduce the quality of such waters below =he water quality standards established therefor by the CC~Jission. Any suc~ action is hereby declared to be a public ~uisance and in direct contradiction of the best interes~s of the Province.

It shall be unlawful for any perso~ to carryon any o~ the follo\-ling act :.vit ie;; unless he holcs a current permit therefor fron the Co~ission as ~y be required for the disposal of all Hastes which arc or may ~e discharged ther~Dy into the waters of the Province. (

a) the construction, installation, modification or operation of any di~posal syst~ or part thereof or any exte~sion or addition t~ereto; (

b) the ircrease in volume or stre~;th of any wastes in excess of the permissive dis~harges specified under any existing permit; . (cO the construction, installation, or operation of a=y industrial, c~ercial, or otter establishment including i~rigation projects C~ any extension 0= modification or addition there=o, the operation c= which would cause an increase i~ the di~charge of wastes· into the waters of the ?~ovince or would otherwise alter the physical, c~emical or biolob~~al properties of any waters of ttc Province in any . manner not already la\vfully a·..:thorized; (

d) the constr~ction or use of any new outlet for t~2 discharge of any wastes into ~~e waters of the Provincc~ As statcd in 7 (9) of this Act all persons enga£cd in C~~ercial, or Indus(~ial or Municipal c~:erpriscs involvi~; either a~r or water pollution or both shall_~e r~qu~rcd ~o rc~~ ister the de~rce and amount 0: pol~uc~on rclcas~~ between thc ;onths· ol Harch 15 and Hay 15 annu.:l::2. . _ h 11 rna k c .J ':) ~ 1 icC! = i on and 0 b t .:l in p ~ - .- ~ c s and thereb) S ,n 1 b~· iss~cd after the Co~~~- ·and such per.:l1.ts shal 1i ~ion for compliance sion • ~s reviewed the app ca-

Unlawful to pollute waters of Province (

a) Need for permits' for construction of seT,.2ge installations (

b) Increase in volume of wastes (

c) AltCl·i~ti.():·1 of physical, chemical or bilcgical properties of Provincial waters. (

d) Persons denied permits

'th this Act. Any person who is denied a permit by the ~~ission or who has such permitrevoked or modified shall be fforeded an opportunity for a hearing in connection therwith ~pon written application made within thirty (30) dyes after service of notice of such denial, revocation or modification. The operation of any existing wquipment or facility for which a roper permit application has been made shall not be interrupted ~ending final action theEon. (

e) The Commission under such rules and regulations as it may prescribe, may require the submission of plans, specifications, and other information as it deems necessary to carry out the pro visions of this Act. The Commission shall act on applications within ninety (90) days of their receipt in the Commission's principal offices.

(3) The Commission shall administer and~-~ enforce such legis lation governing soil pollution as is passed by the Legislature of the Province of Alberta and specifically assigned for administration and edDrcement to the Commission established by this Act. 10. Setting, Amending, Repealing, and Adopting Standards of Water Qual i ty.

(1) In order to carry out the purposes of this Ac t the Commission shall classify all waters in the Province according to use and then set standards of water quality for each body of water in the Pro vince. Such use classifications and subsequent standards of quality for each or any body of water within the Province may be amended from time to time as determined to be necessary by the Commission.

(2) Prior to establ ishing, amending, or repeal ing the use classifications and standards of water quality the Commission shall, after due notice, conduct public hearings thereon. Notice of public hearing shall specify the waters for which use classification and new standards are sought to be adopted, amended or repealed and the time, data and place of such hearing.

Such notice shall be given by publication once a week for three (3) successive weeks in the Alberta Gazette and in a newspaper or newspapers published or having a general circulation in each county or municipality in which the waters to be affected may be situated, and by mailing notice to all county and municipal officials in the counties and municipalitie affeced, as well as to all persons and agencies who have had their names placed on the mailing list of the Commission.

(3) When use classification and standards of water quality have been adoped as provided herein the Commission shall give noti h ' Ce t ereof in the same manner as provided

(

e) Submission of plans and specifications to Commission 10. Setting, amending, re?caling and adopting standards of water quality

(1) Reclassification of waters

(2) Publishing of notices of hearings

(3) Notice of changes

in sub-section ~2) ot tnls SeCl.:').uIl, ,",uu lIlu)' J..U4.~H~~ b"-V\.. notice' thereof by registered mail to all persons holding permits \-lho may, be affected thereby. Upon the adoption of such standards of water quality, all persons affected thereby' shall thereupon comply thcre~vith. Provided however, that where neccssary and propcr, the Commission may specify a reasonable time for persons discharging waste:, into waters of the Province to comply with such stand;:rds. I.Proceedings before the Commission -

(1) Whenever the Commission has reason to believe that a violation of any provision of the Act or regulation or of any order of the Commission has occurred, it may cause a written complaint to be served upon the alleged violator or viol.1tors. The complaint shall specify the provisions of the Act or regulation or order alleged to be violated, the facts ?lleged to constitute a violation thereof, and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order.

Any such order shall become final unless the person or persons named therein request in writing a hearing before the Commi~sion no .;.ater then thirty (30) days after the date r.uch order is served. In lieu of such order, the Comr.1i~sion may require that the alleged violator appeur before the Commission at a time and place specified in the notice and answer the chargcs complained of. The notice shall be delivered to the alleged violator or violators i~ accordance with the' provisions of sub-section (4) of this

section not less than thirty (301 days before the time set for the hearing.

(2) The Commission shall afford an opportunity for a fair hearing in accordance with the provisions of this Act to the alleged violator or violators at the time and place spe~iffcd in the notice or any modification thereof. On the basis of the evidence produced at the hearing, the Commission shall make findings of fact and conclusions of law and enter such order as in its opinion will best further the purposes of this Act anci shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing or made written request for notice of order.

(3) Any person who is denied a permit by the Commission or Who has such permit revoked or modified shall be . afforded an opportunity for a fair hearing as ,providca in sub-section (2) of this

section in conn~ct10n therewith u~-on written application to the Co~unission Within thirty (30) days after receipt of notlc_:.~m ~~ ~nmmission of such denial, revocation or· ..

11. ~~~ion on violation of Act.

(2) Opportunity for fair hearing.

(3) Appeal against denial of permit.

modification •. On the basis of h h ' ff ' d' sue ear1ngs th c . , a lrm, mo 1fy or revoke its p , e OmmlSS10n shall reVIOUS determina_

(4) Excc?~ as othcn-lisc expressly prc'Jidcd, Zlny notice, or o:hcr instrument issued by or ~nder authority of the C~ission raay be served on c.~y. person affected there~y personally or by publ~c2:ion, and proof of such service ~y be made in like =anner as in case o~ scrv~cc of a su~ons in a civil c.ction, such proof to be filed in the office of the CC-':::..lission; or such serv:'ce may be made by rna il ing 2.

CO?y of t>.e not ic r _, orde=, or other instrunent by registered ~il, direc:ed to tt.e person affected at his :'2.5;: kno:m ?ost-office address as shown by the files 0= records of the C~ mission, and proof thereof may t e nade by the affid:=.vit of t::e person Hho did the mailir--.;, filed in the office of the Commission. 12.

Commis s iC':'l Hca rings The hearings r..erein provided may be conducted by the Co:crnissic:1 itself at a re;ular or special meeting of t~e C~ission, or by any mcmber of ~he Corr~ission acting in its behalf, o~ the COQ mission may Q2sign2.te hearing officers who shall ~-.ave the pO'" . .:e.r and authority =0 conduct such he~rings in the name of the Commis s ion at c.r1Y time and- place. A verb.::. t i..orn record of t;ie proc'ccdings of such hearings shall be taken and filed \.;:"ttC:-;8 Commission, tc~ether \lith findings of fac: and conclusions of Imo1 made by t:-.2 COill:ni5Sion.

Hitnesses \-.':-,0 are subpoenaed 5:-:2.11- receive the s.::.=e fees and mileage as in civil actions. ~n case of contuw~cy c= refusal to obey a notice of hearing or subpoe~~ issued under t~is section, the court shall h2.ve jurisdic- tion upon app~ication of the C~ission or its representative, to issue an o~~er requiring such person to appear and testify or produce ~v~dence as the case may requi=e and any failure to obey such- ord~r of the court may be punis~ed by such court as contempt there.of. 13. Commissicm inspections and investigations; Haintc:nanc(~ of records

(1) The Commission or its duly authorized representative sh211 have the pmver to enter a~ reasonable times ~?on ar.ty private or public property, ar.c c:"1e o~ .. T.er, r...a~:i;ing age~t or occupant of any such property sh~ll pe~~t suc~ entry for the purpose of i~spccting and inves:ig atL~g conditions relating to pollution or tt~ possi~le pollu~ion of any air or waters of the Province, and to have access to such records as :he Co~:ssion r.~y re~uire under sub-section (2) of this section.

(4) Serving of Notice. 12. Hearings. 13. Right of entry.

(2) The Commiss~on may require the r.aintcnance cf records relating tc ~he o?eration of disposal systc=:. ',d any autho:-:'::ed representative of the Cornmis~:'v ... ;-.::.y examine ar.~ copy such records or memoranda ~ertaining to the opc:::-=-~ion of disposal syste::ls. Copi:.s of such records sh.?:l be sub;aitted to the CO;-;uuissic:: upon request.

(2) Maintenance of records.

(3) Inspec~ion fee.

the Commission shall file a writeen complaint to such effect with the governing authorities of the municipality with a copy of such complaint forwarded to the Provincial Board of Health. If the Municipality or County does not correct the malfunction of its lagoon or treatment plant and so advise the Commission within forty-five (45) days that such malfunction.i~ co cte d the commission shall immediately re-inspect the fac1l1ty rre ~ d. . and take such action as provided by law to correct the con 1t10ns causing pollution. 14.

Emergency rules, regulations and or~er~ - in. the 7ve~t an emergency is found to exist by the Comm1SS10n wh1ch, 1n 1t~ judgment, requires the making , cha~ng, re~ewal or e~tens10n of a rule, regulation or order without first hav1ng a hear1ng: ~uch erne rgency rule, regulation or order shall have the same va11d1ty as if a hearing with respect to the same had been held a~ter due notice. The mergency rule, regulation, or order perm1tte~ by this

section shall remain in force no longer than forty-f1ve (45) days from its effective date and in any event it shall expire when the rule, regulation or order, .made after due notice and hearing with respect to the subject m~tter of such eMrgency rule, regulation or order becomes effect1ve. 15..

Rec<)rd of rules. regulations and orders- all rules, reguhations, and orders made by the Commission shall be in writing and shall be filed in full by the Secretary of the Commission in a book, for such purposes, to be kept by the Commission which shall be a public record and open to inspec tions',t all times during all. reasonable hours. A copy of any rule, regulation or order certified by the Executive Secretary or Chairman of the Commission shall be received in evidence in all courts of the Province with the same effect as the original. 16.

Request for lmring; any interested person shall have the right to request the Commission to carr a hearing for the purpose of taking action in respect to any matter wi thin the jurisdic tion of the Commission by making a request ierefor in writing. Upon receipt of any such request, the Commission shall conduct such investigations as it deems necessary and may call a special hearing as provided in other sections of this act, or may

schedule such matter for its next regular meeting and after such hearings and with all convenient sped and in any event within thirty (30) days at the conclusion of such hearing shall take such action on the subject matter thereof as it may deem appropriate. 17. Tranacript of hearings; all hearings before the Commission shall be recorded either by a court reporter or by tape or mechanical recorders and subject to transcripti on upon order of the Commission or any interested party, but in the event that the request for the transcription originates with an interested '"S party, such party shall pay the cost thereof.

14. Emergency rules, regulations and orders. 15. Record of rules and regulations. 16. Request for hearings. 17. Recording of hearings.

18. Penalties

(1) Any person found guilty of violating any of the provis ions of this act, or any written order of the Commission in pursuance thereof, and upon conviction thereof, shall be punished by a fine of not less than t~hundred dollars ($200) and not more than five thousand dollars ($5,000) and the cost of prosecution, or by imprisonment in the Province jail not to exceed one (1) year, or both such the and imprisonment in the discretion of the curt, and in addition thereto, may be en joined from continuing such violation by proper preceeding brougtt in the Provincial courts.

Each day upon Wich a violation of the provisions of this act occurs shall be deemed a seperate and additional violation for the purpose of thisact.

(2) Notwithstanding sub-section (1) of this

section a fine of one hundred dollard ($100) shall be levied against any person failing tohave and maintain an automobile exhaust device approved by the Commission and required as stated in such regulations as may be brought forth by the Commission.

(3) Any person who violated any of the provisions of, or fa~ls to perform any duty imposed by this act of any rule or regulation issued hereunder or who violates any order of determi nation or the Commission promulgated pursuan~ to this act, and causes the death of fish or other wildlife shall be liable, in addition to the penalties provided in sub-section (1) hereof, to pay to the Province ant an additional amount equal to tre sum of money reasonably necessary to restock such waters or replenish such wildlife as determined by the Commission after consultation with the Province Fish and Wildlife Division of the Department of Lands and Forests and the Alberta Fish and Game Association.

Such amount may be recovered by the Commission on behalf of the Province in civil action brought about in the Provincial courts. 19. Appeals to Provincial Courts In addition to any other remedies that might now be available, any person or interested party aggrieved by any order of the Commission shall have a right to file a sworn petition with the COImnission setting forth grounds and reasons f for his complaint and asking for a hearing of the matter involved. The Commission shall thereupon fix the time and place of such hearing and shall notify the petitioners thereof.

In such pending matters, the commission am its members shall have the same full pO'tvers as to subpoenaing witnesses, administering oaths, examining witnesses under oath, and conducting the kering, as is now vested by law to the Provincial Courts, with the Additional power that the Execu tive Secretary may issue all subpoenas, both at the instance of the petitioner, and of the Commission. At such hearings the petitioner, and any other interested party may offer, present witnesses and submit evidence.

18. Pcn~lties for pollution.

(2) Penalty for lack of Auto e~~aust device.

(3) Additional penalties. L9. Appeals to the courts.

Following such hearing the final order of determination of the Commission upon such matters shall be conclusive, un less the petitioner or such other interested party appearing at the hearing, shall, ""ithin fifteen (15) days after the adjourn ment of the meetings at which said final order was made, appeal to the Aupreme Court of the Province. The Supreme Court of the Province s81l review all questions of law and of fact. 20 Commission Minutes and Public Records.

The Executive Secretary of the Commission shall keep the minutes of the Commission, including all orders, rules and regulations promulgated in a record book, or books, espec ially prepared for that purpose, which records containing such orders, rules and regulations shall be a public record and shall be open to the public for inspection during all reasonable public hours; and a certified copy of any rules, regulations or orders shall be received in evidence in all courts of the Province, with the same effect as the original. 21. Publication of Commission Rules, Regulatbns and Orders.

Rules, regulations and orders of the Commission shall be published in the following manner; those habing general application through the Province shall be published once in the Alberta Gazette and once in such newspapers having general circulation thoughout the Province; those of special charac ter having local application only shall be published once in the Alberta Gazette· and once in such local newspapers where such rules, regulations and orders are applicable; but if no such newspaper is so published or circulated, a copy of such rules, regulations and orders shall be posted in three (3) conspicuous places in which they are applicable, and such posting and listing in the Alberta Gazette shall be all that is required under this Act whether such notice remain so posted or not. 22.

Oath and Bond of the Executive Secretary.

Before entering upon the duties of his office, the Executive Secretary of the Commission shall take and subscribe to oathe of office and shall, in addition thereto, swear or affirm that he holds no other position o_-office in any politi cal committee or party_ Such oath or affirmation shil be filed with the Provincial Secretary, and he shall execute and file wi~ the Provincial Treasurer a bond in the sum of Ten thou sand Dollars ($10,000) conditioned on the faithful performance of his duties and that he will account for and pay over pursuant to the law, all monies received by him in the enforcement of this act.

He shall be reimbursed for the premium on his bond from the general funds of the Commission.

20. Minutes and Public Recorcs 21. Publication of Co.mmissi~ Rules, Regulations ind Orders 22. Oath and Bond of Executi .... ·eSecrctary

23. Commission Seal. The Commission shall have a seal for the authentica tion of ite orders and proceedings, upon which shall be ins cribed the words"Alberta Air and Water Pollutuion Control Commission", and Wdch shall be judicially noticed. 24. Annual Report. The Commission shall be required to file annually during the sitting of the Alberta legislature an annual report summarizing the affairs and bBiness of the Commission that transpired during the preceding calendar year within 15 days after the commencement of the legislature. 25. Severability.

If any section, subsection, sentence, clause, phrase or word or \-70rds of this act is for any reason held to be unconstitutimnal, such judgment shall not affect the validity of any remaining portion of the Act. 26. This act shall come into effect on the day upon which it is assented to.

23. Commission Seal ~4. Annual Rep~ort 25. Servability 26.. Effective Date Title: 1971 (16th, 4th) Bill 132,

An Act to Control Air, Water and Soil Pollution for Alberta

Document details

Collection	Alberta — Bills
Citation	L16 S4 4963
Type	bill
Volume / chapter	L16 S4 4963
Language	en
Format	json
Source	PROVINCIAL
Identifier	f8b73f0f4778a5c7898030df4a9e973082f7deca

Source file is stored in the law ingest library (json).