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TITLE | CHAPTER NUMBER |
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| 57 | ENVIRONMENTAL MANAGEMENT ACT | c. 53 | |||||
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Part 2 -- Prohibitions and Authorizations
6 (1) For the purposes of this section, "the conduct of a prescribed industry, trade or business" includes the operation by any person of facilities or vehicles for the collection, storage, treatment, handling, transportation, discharge, destruction or other disposal of waste in relation to the prescribed industry, trade or business.
(2) Subject to subsection (5), a person must not introduce or cause or allow waste to be introduced into the environment in the course of conducting a prescribed industry, trade or business.
(3) Subject to subsection (5), a person must not introduce or cause or allow to be introduced into the environment, waste produced by a prescribed activity or operation.
(4) Subject to subsection (5), a person must not introduce waste into the environment in such a manner or quantity as to cause pollution.
(5) Nothing in this section or in a regulation made under subsection (2) or (3) prohibits any of the following:
(a) the disposition of waste in compliance with this Act and with all of the following that are required or apply in respect of the disposition:
(i) a valid and subsisting permit;
(ii) a valid and subsisting approval;
(iii) a valid and subsisting order;
(iv) a regulation;
(v) a waste management plan approved by the minister;
(b) the discharge into the air of an air contaminant from an incinerator operated under an authority, licence or permit of a municipality;
(c) the disposition of human remains in crematoria in compliance with the Cemetery and Funeral Services Act;
(d) the discharge of air contaminants authorized by a bylaw made under section 31 (3) (d) [control of air contaminants in Greater Vancouver];
(e) the burning of leaves, foliage, weeds, crops or stubble for domestic or agricultural purposes or in compliance with the Weed Control Act;
(f) the use of pesticides or biocides for agricultural, domestic or forestry purposes in compliance with the Pesticide Control Act, the Pest Control Products Act (Canada) and any other Act and regulation governing their use;
(g) fires set or controlled by a person
(i) acting under an order of a local assistant, as defined in the Fire Services Act, if the local assistant orders the fire for training purposes, or
(ii) carrying out
(A) fire control and suppression operations under section 89 of the Forest Practices Code of British Columbia Act, or
(B) a resource management open fire, as that term is defined in the Forest Fire Prevention and Suppression Regulation, B.C. Reg. 169/95, if the person carries out the fire in accordance with the Forest Practices Code of British Columbia Act and the regulations made under that Act;
(h) emissions from steam powered or internal combustion engines in compliance, if applicable, with the Motor Vehicle Act and regulations;
(i) emission into the air of soil particles or grit in the course of agriculture or horticulture;
(j) the disposal of waste by a person other than a municipality
(i) by means of a system of waste disposal lawfully operated by a municipality or other public authority, and
(ii) in compliance with the rules and regulations that apply to that system;
(k) emission of an air contaminant from combustion of wood or fossil fuels used solely for the purpose of comfort heating of domestic, institutional or commercial buildings;
(l) emission of an air contaminant from food preparation in
(i) residential premises, or
(ii) retail food outlets;
(m) an owner, agent or manager, as those terms are defined in the Mines Act, from carrying out an activity related to mineral and coal exploration if that activity is exempted under section 10 (2.1) of that Act.
(6) Nothing in subsection (5) (b) or (k) authorizes the use of an incinerator or domestic, institutional or commercial heating equipment for the purpose of destroying hazardous waste by means of combustion.
(7) In subsection (5) (l):
"residential premises" includes hospitals, clinics, logging camps, factory and office canteens and other similar premises;
"retail food outlets" means
(a) restaurants, hotels, motels and similar premises, and
(b) premises in which food is prepared and sold by retail sale, such as
(i) exclusively retail bakeries, and
(ii) premises selling take out food.
7 (1) A person who produces, stores, transports, handles, treats, recycles, deals with, processes or owns a hazardous waste must keep the hazardous waste confined in accordance with the regulations.
(2) Except to the extent expressly authorized by a permit, an approval, an order, a waste management plan or the regulations, a person must not release a hazardous waste from the confinement required by subsection (1).
8 A person must not construct, establish, alter, enlarge, extend, use or operate a facility for the treatment, recycling, storage, disposal or destruction of a hazardous waste except in accordance with the regulations.
9 (1) A person must not store more than a prescribed amount of a hazardous waste except in accordance with any of the following that apply:
(a) the regulations in relation to storing hazardous waste;
(b) an order that requires the person to store that kind of hazardous waste;
(c) an approved waste management plan that provides for storage of hazardous waste.
(2) A person who is storing a quantity of a substance at the time that the substance is prescribed to be a hazardous waste does not contravene subsection (1) by continuing to store the same or a different quantity of that substance if the person notifies a director, in accordance with the regulations, of the location, quantity and type of substance that the person is storing.
(3) Despite subsection (2), a director may serve a person referred to in that subsection with a written order to comply with the regulations or the approved waste management plan, and, if a director does so, subject to subsection (4), the person must comply with the order within the period the director specifies in that order.
(4) If a person who is served with an order under subsection (3) does not comply with the regulations in the period specified by the director, the person must dispose of the hazardous waste as directed by a director.
10 (1) A person who produces or stores a hazardous waste
(a) must not cause or allow more than a prescribed quantity of the hazardous waste to be transported from the property where he or she produces or stores the hazardous waste unless the person first
(i) completes, in the form and manner prescribed, the part of a manifest that applies to him or her, and
(ii) files the manifest in the manner prescribed,
(b) must ensure that the person transporting more than the prescribed quantity of the hazardous waste from the place where it is produced or stored has a licence for that purpose, if a licence is required by the regulations, and
(c) must not cause or allow more than the prescribed quantity of the hazardous waste to be transported to a place unless
(i) an order, waste management plan or regulation authorizes or requires it to be stored at that place,
(ii) a permit, approval, order, waste management plan or regulation authorizes or requires it to be introduced into the environment or treated at that place, or
(iii) storage of the hazardous waste at that place is otherwise not prohibited under section 9 [hazardous waste storage and disposal].
(2) A person must not transport more than a prescribed quantity of a hazardous waste unless the person
(a) carries with him or her
(i) a manifest completed as required by subsection (1) and this subsection, and
(ii) if required by the regulations, a licence, and
(b) has completed, in accordance with the regulations, that part of the manifest that applies to him or her.
(3) A person must not accept delivery of more than a prescribed quantity of a hazardous waste unless the person
(a) receives from the transporter a manifest that has been completed as required by subsections (1) and (2),
(b) completes the part of the manifest that applies to him or her and files the manifest in the form and manner prescribed, and
(c) has a permit or an approval authorizing the person to introduce into the environment that kind and quantity of hazardous waste, is authorized under the regulations to treat or recycle that kind and quantity of hazardous waste or is not prohibited under section 9 (1) [hazardous waste storage and disposal] from storing that kind and quantity of hazardous waste.
(4) In a prosecution for a contravention of this section, the burden of proving compliance with subsection (1) (a) or (c) or with subsection (2) or (3) is on the defendant.
11 A person must not use, offer for sale or sell packaging, product containers or disposable products, or any material used in packaging, product containers or disposable products, contrary to this Act or the regulations.
12 (1) In this section, "public place" means
(a) a place that is open to the air, including a covered place that is open to the air on at least one side, and to which the public is entitled or permitted to have access without payment, and
(b) a park or public campground.
(2) A person must not throw down, drop or otherwise deposit, and leave litter in a public place.
(3) The prohibition in subsection (2) does not apply if the depositing and leaving was authorized by law, or was done with the consent of the owner, occupier or other person or authority having the control of the public place.
(4) In a prosecution, the burden of establishing that subsection (3) applies is on the defendant.
13 A person must not discharge domestic sewage or waste from a trailer, camper, transportable housing unit, boat or house boat onto land, into any reservoir or into any lake, pond, stream or other natural body of water, except
(a) in compliance with a permit, an approval, an order, a waste management plan or a regulation, or
(b) if disposal facilities are provided, in accordance with proper and accepted methods of disposal using those facilities, and in accordance with the Health Act and regulations.
14 (1) A director may issue a permit authorizing the introduction of waste into the environment subject to requirements for the protection of the environment that the director considers advisable and, without limiting that power, may do one or more of the following in the permit:
(a) require the permittee to repair, alter, remove, improve or add to works or to construct new works and to submit plans and specifications for works specified in the permit;
(b) require the permittee to give security in the amount and form and subject to conditions the director specifies;
(c) require the permittee to monitor, in the manner specified by the director, the waste, the method of handling, treating, transporting, discharging and storing the waste and the places and things that the director considers will be affected by the discharge of the waste or the handling, treatment, transportation or storage of the waste;
(d) require the permittee to conduct studies and to report information specified by the director in the manner specified by the director;
(e) specify procedures for monitoring and analysis, and procedures or requirements respecting the handling, treatment, transportation, discharge or storage of waste that the permittee must fulfill;
(f) require the permittee to recycle certain wastes, and to recover certain reusable resources, including energy potential from wastes.
(2) A permit does not authorize the introduction of hazardous waste into the environment unless it specifies the characteristics and quantity of hazardous waste that may be introduced.
(3) Despite subsection (1), a director may not issue or, subject to subsection (4), amend, a permit authorizing the introduction of waste into the environment if the introduction is governed by
(a) a code of practice that is established in the regulations in relation to the industry, trade or business that applies for the permit or amendment,
(b) a code of practice that is established in the regulations in relation to the activity or operation in respect of which the permit or amendment is applied for, or
(c) a regulation, unless the regulation requires that a permit be obtained in relation to the discharge of the industry, trade, or business, activity or operation.
(4) A director, on receipt of an application or on his or her own initiative, may amend a permit authorizing an introduction of waste described in subsection (3) (a), (b) or (c), if
(a) in the opinion of the director, the amendment is necessary for the protection of the environment, or
(b) the amendment is for one or more or the following purposes:
(i) a change of ownership or name;
(ii) a change of address;
(iii) a decrease in the authorized quantity of the discharge, emission or stored material;
(iv) an increase of not more than 10% in the authorized quantity of the discharge, emission or stored material;
(v) a change in the authorized quality of the discharge, emission or stored material such that, in the opinion of the director, the change has resulted in or will result in an equal or lesser impact on the environment;
(vi) a change in a monitoring program;
(vii) a change to the works, method of treatment or any other condition of a permit or an approval such that, in the opinion of the director, the change has resulted in or will result in an equal or lesser impact on the environment.
15 (1) A director may approve the introduction of waste into the environment for a period of up to 15 months without issuing a permit.
(2) A director may issue his or her approval subject to requirements for the protection of the environment that the director considers advisable and, without restricting that power, may include as a requirement anything referred to in section 14 (1) [permits].
16 (1) A director may, subject to section 14 (3) [permits], this section and the regulations, for the protection of the environment,
(a) on the director's own initiative if he or she considers it necessary, or
(b) on application by a holder of a permit or an approval,
amend the requirements of the permit or approval.
(2) A director may, after consultation with the minister, amend a permit or approval issued by the Lieutenant Governor in Council.
(3) If a permit or an approval is subject to conditions imposed pursuant to a decision made in an appeal to the appeal board under Division 2 [Appeals under this Act] of Part 8, those conditions must not be amended except
(a) by the appeal board, and
(b) after the appeal board has given the parties an opportunity to be heard on the question of whether the conditions should be amended.
(4) A director's power to amend a permit or an approval includes all of the following:
(a) authorizing or requiring the construction of new works in addition to or instead of works previously authorized or required;
(b) authorizing or requiring the repair of, alteration to, improvement of, removal of or addition to existing works;
(c) requiring security, altering the security required or changing the type of security required or the conditions of giving security;
(d) extending or reducing the term of or renewing the permit or approval;
(e) authorizing or requiring a change in the characteristics or components of waste discharged, treated, handled or transported;
(f) authorizing or requiring a change in the quantity of waste discharged, treated, handled or transported;
(g) authorizing or requiring a change in the location of the discharge, treatment, handling or transportation of the waste;
(h) altering the time specified for the construction of works or the time in which to meet other requirements imposed on the holder of the permit or approval;
(i) authorizing or requiring a change in the method of discharging, treating, handling or transporting the waste;
(j) changing or imposing any procedure or requirement that was imposed or could have been imposed under section 14 [permits] or 15 [approvals].
(5) A director may renew an approval before or after the end of the term of the approval.
(6) A director may not renew an approval if the term of the approval and the term of renewal, when taken together, would exceed 15 months.
(7) If a director amends a permit or approval, the director
(a) may require that the holder of the permit or approval supply the director with plans, specifications and other information the director requests, and
(b) must give the holder of the permit or approval notice in writing of the amendment and publish notice of the amendment in the prescribed manner.
(8) Despite subsection (7) (b), the director may give the notice by electronic means to an address provided by the holder of the permit or approval.
17 (1) A transfer of a permit or approval is without effect unless a director has consented in writing to the transfer.
(2) Despite subsection (1), the director may consent to a transfer by electronic means to an address provided by the holder of the permit or approval.
(3) A licence referred to in section 10 [transportation of hazardous waste] is not transferable.
18 (1) Subject to this section, the minister or a director, by notice served on the holder of a permit or approval, may
(a) suspend the permit or approval for any period, or
(b) cancel the permit or approval.
(2) A notice served under subsection (1) must state the time at which the suspension or cancellation takes effect.
(3) The minister may exercise the authority under subsection (1) in any of the following circumstances:
(a) a holder of a permit
(i) fails to complete construction of works specified in the permit within the time specified in the permit or, if no time is specified in the permit, within 3 years after issuance of the permit, or
(ii) does not exercise any rights under the permit for a period of 3 years;
(b) a holder of a permit or an approval fails to pay money owing to the government under the permit or approval;
(c) a holder of a permit or an approval fails to comply with the terms of the permit or approval;
(d) a holder of a permit or an approval fails to comply with an order issued under this Act and related to the subject matter of the permit or approval;
(e) a holder of a permit or an approval or the holder's agent has made or makes a material misstatement or misrepresentation in the application for the permit or approval or in the information required under this Act or the regulations with respect to the permit or approval;
(f) a holder of a permit or an approval fails to comply with any other requirements of this Act or the regulations;
(g) a permit or an approval conflicts with or is replaced by a waste management plan approved by the minister;
(h) a permit or an approval is replaced by a regulation;
(i) a permit or an approval is not, in the opinion of the minister, in the public interest.
(4) The authority conferred by subsection (1) may be exercised by a director in any of the circumstances referred to in subsection (3) (a), (b), (g) and (h).
(5) In addition to the authority conferred by subsection (1), a director may, without notice to the holder,
(a) suspend a permit or approval for the length of time requested if the holder requests that the permit or approval be suspended, or
(b) cancel a permit or approval if the holder of the permit or approval
(i) dies,
(ii) is a corporation that is struck off the register under the Company Act or is dissolved,
(iii) is a partnership that is dissolved,
(iv) requests that the permit or approval be cancelled, or
(v) has given notice of abandonment under section 20 [abandonment].
(6) For certainty, a permit or an approval that is suspended or cancelled is not a valid and subsisting permit or approval.
19 (1) If the minister considers that a person should have temporary relief from the requirements of an order, a permit, an approval, a licence or a waste management plan, the minister may issue a variance order with respect to a requirement of the order, permit, approval, licence or waste management plan.
(2) If the minister issues a variance order, the minister must
(a) specify the requirements in respect of which he or she grants the relief,
(b) specify the period during which the variance order will remain in effect, and
(c) cause notice of the variance order to be published in Part 1 of the Gazette.
(3) Despite subsection (2), the minister may
(a) cancel a variance order, or
(b) renew or extend a variance order.
20 (1) A person to whom a permit or an approval has been issued, but who has not exercised any right under it to discharge waste, may abandon the permit or approval by sending or delivering to a director notice that the person elects to abandon the permit or approval.
(2) A person who elects under subsection (1) to abandon a permit or an approval does not commit an offence merely because he or she has not complied with a requirement of the permit or approval.
(3) Subject to subsection (4), a person to whom a permit or an approval has been issued and who has exercised a right under it to discharge waste may abandon the permit or approval by sending or delivering to a director notice that the person elects to abandon the permit or approval.
(4) A notice under subsection (3) is not effective until it is received by a director.
(5) A person who elects under subsection (3) to abandon a permit or an approval
(a) does not commit an offence merely because after the abandonment became effective he or she has not complied with the requirements of the permit or approval, and
(b) despite the abandonment, is bound by those additional requirements that the director imposes respecting restoration of the environment or the control and monitoring of the waste discharged or the waste that continues to be discharged after abandonment.
21 (1) Without limiting section 138 (1) [general authority to make regulations], the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the meaning of biomedical waste;
(b) prescribing the meaning of hazardous waste;
(c) prescribing the duties of hospitals, laboratories, clinics and other persons or agencies to manage, control, treat and dispose of biomedical waste or to establish biomedical waste management facilities;
(d) prescribing the form and content of manifests and the procedures for completing and filing manifests;
(e) requiring the licensing of persons who transport hazardous waste, biomedical waste or another specified class of waste and prohibiting the unlicensed transportation of hazardous waste, biomedical waste or another specified class of waste;
(f) authorizing the issue, suspension, cancellation and amendment of licences for the transportation of hazardous waste, biomedical waste or another specified class of waste;
(g) regulating and restricting any activity, operation or industry that creates or produces a hazardous waste, a biomedical waste or another specified class of waste and requiring persons who operate any industry or process that creates or produces hazardous waste to register with the ministry;
(h) prescribing for the purpose of section 6 (2) [waste disposal], industries, trades and businesses;
(i) prescribing for the purposes of section 6 (3) [waste disposal], activities operations and classes of persons;
(j) regulating litter including the sale, return and reuse of beverage containers and packaging materials or classes of beverage containers and packaging materials which may
(i) require classes of persons to pay refunds in the amounts established for beverage containers,
(ii) require persons to accept empty beverage containers or classes of beverage containers and handle, store and transport beverage containers or classes of beverage containers received by them in the manner required, and
(iii) regulate the size, shape, features and composition of beverage containers and their packaging, labelling and use;
(k) requiring, on request of the minister, that a person or a class of persons involved in the manufacture, distribution, sale, transportation or importation of empty or filled beverage containers of a prescribed type, or another person or association on behalf of the person or class of persons, supply information respecting the use, reuse and wastage of a prescribed type of beverage container;
(l) respecting the minimum content of material derived from recyclable material that must be contained in types or classes of packaging and products sold in British Columbia;
(m) prescribing packaging, product containers or products or classes of products for which a charge, including a deposit, handling fee, levy or core charge, must be paid or for which a refund must be given, and prescribing the amount of the charge or refund and the circumstances in which the charge or refund applies;
(n) requiring the use of standardized definitions, terms, logos, symbols and other representations on packaging, and prescribing those definitions, terms, logos, symbols and other representations;
(o) prohibiting or restricting the use of packaging or classes of packaging or product containers or classes of product containers;
(p) prescribing for the purposes of section 11 [packaging, product containers and disposable products] the content, shape, weight, nature and volume of packaging used per unit of product;
(q) requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and implement a waste reduction and prevention plan for packaging, product containers or any other material or substance, and prescribing the contents of the plan;
(r) requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and maintain an infrastructure for the reuse or recycling of packaging, product containers or any other material or substance;
(s) requiring prescribed industrial, commercial and institutional operations or classes of operations to conduct periodic packaging or other waste audits, and prescribing the terms and conditions of the audits, including to whom reports should be made and other reporting requirements;
(t) requiring prescribed manufacturers, distributors or users of packaging, product containers or any other materials or substances to conduct environmental life cycle profiles using a model approved by a director;
(u) authorizing a director to require a person who stores hazardous waste to give security in the amount and form, and subject to the conditions, the director may specify.
(2) Section 139 [regulations -- general rules] applies for the purpose of making regulations under this section.
22 (1) The minister may make regulations establishing codes of practice for industries, trades, businesses, activities or operations, or classes of industries, trades, businesses, activities or operations, for the purposes of section 138 (2) (s) [general authority to make regulations -- exemptions].
(2) For the purposes of establishing codes of practice under subsection (1), the minister may make regulations as follows:
(a) prescribing the form and content of a notice;
(b) prescribing the duties of hospitals, laboratories, clinics and other persons or agencies to manage, control, treat and dispose of biomedical waste or establish biomedical waste management facilities;
(c) establishing procedures for making applications under a code of practice, and establishing the information that must be submitted in those applications;
(d) regulating and imposing requirements and prohibitions respecting the transportation, labelling, handling, treatment, recycling, storage, disposal and destruction of recyclable materials or wastes or a class of wastes, and, subject to section 132 [ownership of waste], the selling, giving or otherwise transferring the ownership or possession of recyclable materials or wastes or a class of wastes;
(e) regulating and imposing requirements and prohibitions respecting the siting, planning, construction and operation of facilities for the treatment, recycling, storage, disposal and destruction of recyclable materials or wastes;
(f) requiring that, as a condition of obtaining a permit under this Act to discharge waste, the owner of a waste management facility make adequate arrangements to maintain the waste management facility after it has been closed and, if required by the government, to transfer to the government ownership of the waste management facility after its closure;
(g) prescribing a substance as a waste and prescribing circumstances in which a substance is a waste;
(h) regulating and imposing requirements and restrictions respecting the use, supply, storage, transportation, handling, treatment or disposal of any substance specified in the regulations, whether natural or artificial and whether in solid, liquid or other form, if the minister considers it appropriate to do so for the purpose of preventing the substance from causing damage to persons, animals or plants or pollution of air, water or land;
(i) prescribing conditions that must be met and controls that must be provided for the burning of materials derived from land clearing, land grading or tilling;
(j) requiring the keeping of records and authorizing the inspection of records;
(k) regulating and imposing requirements and prohibitions for the design, siting and operating of any works, activities or operations that produce waste;
(l) regulating and imposing requirements and prohibitions for the installation of septic tanks, the siting and performance standards to be met if sewage disposal systems using septic tanks are installed, and respecting the use and operation of systems using septic tanks;
(m) regulating and imposing requirements and prohibitions for the registration, siting, installation, testing, use and removal of tanks used to store petroleum products, or used to store any other prescribed substance, and prescribing performance and operating standards for those tanks;
(n) requiring and imposing requirements for the certification or licensing of a person who installs tanks described in paragraph (m);
(o) respecting the minimum content of material derived from recyclable material that must be contained in types or classes of packaging and products sold in British Columbia;
(p) requiring the use of standardized definitions, terms, logos, symbols and other representations on packaging, and prescribing those definitions, terms, logos, symbols and other representations;
(q) prohibiting or restricting the use of packaging or classes of packaging or product containers or classes of product containers;
(r) prescribing for the purposes of section 11 [packaging, product containers and disposable products] the content, shape, weight, nature and volume of packaging used per unit of product;
(s) requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and implement a waste reduction and prevention plan for packaging, product containers or any other material or substance, and prescribing the contents of the plan;
(t) requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and maintain an infrastructure for the reuse or recycling of packaging, product containers or any other material or substance;
(u) requiring prescribed industrial, commercial and institutional operations or classes of operations to conduct periodic packaging or other waste audits, and prescribing the terms and conditions of the audits, including prescribing to whom reports should be made and other reporting requirements;
(v) requiring prescribed manufacturers, distributors or users of packaging, product containers or any other materials or substances to conduct environmental life cycle profiles using a model approved by a director;
(w) requiring a person to comply with a regulation made under this Act.
(3) Section 139 [regulations -- general rules] applies for the purpose of making regulations under this section.
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