BILL 3 — 2020
ENVIRONMENTAL MANAGEMENT
AMENDMENT ACT, 2020
HER MAJESTY, by and with the advice and
consent of the Legislative Assembly of the Province of British
Columbia, enacts as follows:
1 Section 39 (1) of the Environmental
Management Act, S.B.C. 2003, c. 53, is amended by repealing the
definition of "contaminated soil relocation
agreement".
2 Section 55 is amended
(a) by repealing subsection (1),
(b) by adding the following subsections:
(1.1) A person must not remove soil from a site that
has been used for a specified industrial or commercial use unless
the person has
(a) analyzed the quality of the soil, in accordance
with the regulations, if any, and
(b) provided notice of the removal to the
prescribed persons, in accordance with subsection (1.2).
(1.2) Notice under subsection (1.1) (b) must
(a) include the following information:
(i) the site from which the soil will be
removed;
(ii) the site or sites at which the soil will be
deposited;
(iii) the maximum amount of soil that will be
deposited at each site;
(iv) a summary, prepared in accordance with the
regulations, if any, of the analysis referred to in subsection
(1.1) (a);
(v) the prescribed information,
(b) be provided in the prescribed form and manner,
if any, and
(c) be provided by the prescribed date.
(1.3) If notice under subsection (1.1) is required
to remove soil from a site, a person must not deposit the soil at
another site unless
(a) the other site is specified in the notice in
accordance with subsection (1.2) (a) (ii), and
(b) the amount of soil deposited is equal to or
less than the maximum amount specified in relation to the other
site in the notice, in accordance with subsection (1.2) (a) (iii).
(1.4) Subsection (1.1) does not apply in relation to
the removal of soil if the amount of soil removed is less than the
amount set out in the regulations. ,
(c) by repealing subsections (2) to (4),
(d) in subsection (5) by striking out "from
depositing soil from a contaminated site at another site"
and substituting "from depositing soil at
a site",
(e) in subsection (7) by striking out "this
Act, the regulations, a permit, approval, order, contaminated
soil relocation agreement or an approved waste management plan"
and substituting "this Act or the
regulations or a permit, approval, order or approved waste
management plan", and
(f) by repealing subsection (9).
3 The following section is added:
High volume soil receiving sites
55.1 (1) In this
section, "relocated industrial or commercial
site soil" means soil that has been relocated from a site
that has been used for a specified industrial or commercial use.
(2) If the total amount of relocated industrial or
commercial site soil present at a site is greater than the
prescribed amount, the owner of the site must do the following, as
required by the regulations:
(a) prepare plans, and carry out actions, to
prevent, contain, control and monitor the adverse effects, and
potential adverse effects, on the environment or human health
caused by the soil being present at the site;
(b) provide to the director the prescribed
information.
4 Section 57 (3) (h) is repealed.
5 Section 62 (1) is amended
(a) by repealing paragraph (k), and
(b) by adding the following paragraphs:
(k.1) respecting analysis of soil for the purposes
of section 55 (1.1) (a);
(k.2) prescribing persons for the purposes of
section 55 (1.1) (b);
(k.3) respecting the preparation of summaries of
analyses for the purposes of section 55 (1.2) (a) (iv);
(k.4) prescribing the form and manner in which
notice is given for the purposes of section 55 (1.2) (b);
(k.5) prescribing dates for the purposes of section
55 (1.2) (c);
(k.6) setting out amounts of soil for the purposes
of section 55 (1.4);
(k.7) respecting notice that must be given, in
addition to the notice required under section 55 (1.1), in respect
of
(i) the removal of soil from sites that have
been used for a specified industrial or commercial use, or
(ii) the deposit of soil referred to in
subparagraph (i) of this paragraph;
(k.8) for the purposes of section 55.1 (2),
prescribing the total amount of relocated industrial or commercial
site soil present at a site, and for this purpose, the amount
prescribed may not be less than 5 000 m3; .
6 Section 63 is amended
(a) by repealing subsection (1) (o), and
(b) by adding the following subsection:
(1.1) The minister may make regulations as follows:
(a) prescribing information for the purposes of
section 55 (1.2) (a) (v);
(b) for the purposes of section 55.1 (2) (a),
respecting plans and actions to prevent, contain, control and
monitor adverse effects, and potential adverse effects, on the
environment and human health;
(c) for the purposes of section 55.1 (2) (b),
prescribing information that must be provided to the director.
7 Section 120 (17) is amended
(a) in paragraph (i) by striking out "section
55 (1) [contaminated soil
relocation], or" and
substituting "section 55 (1.1) or (1.3)
[removal and deposit of soil],", and
(b) by adding the following paragraph:
(i.1) contravenes section 55.1 (2) [high
volume soil receiving sites], or .
Transitional Provision
Transition – ongoing contaminated soil relocation
agreements
8 (1) In this
section:
"contaminated soil relocation
agreement" means a contaminated soil relocation agreement
under section 55 of the Environmental
Management Act, as it read immediately before the coming
into force of section 2 of this Act;
"former provisions" means
the following:
(a) section 55 (1), (2) to (4) and (9) of the Environmental Management Act, as it
read immediately before the coming into force of section 2 of this
Act;
(b) section 120 (17) (i) of the Environmental
Management Act, as it read immediately before the coming
into force of section 7 of this Act.
(2) The former provisions continue to apply in
respect of the relocation of contaminated soil if, before the
coming into force of this section, a person entered into a
contaminated soil relocation agreement that applies in respect of
the relocation.
(3) Subject to subsection (4), a person and the
director may enter into a contaminated soil relocation agreement
if an application to enter into the agreement was made to the
director by the person before the coming into force of this
section.
(4) The former provisions apply to
(a) an application referred to subsection (3) of
this section,
(b) a contaminated soil relocation agreement
entered into as a result of an application referred to in
subsection (3) of this section, and
(c) the relocation of contaminated soil that is
subject to a contaminated soil relocation agreement entered into
as a result of an application referred to in subsection (3) of
this section.
(5) This section applies despite
(a) the repeal of section 55 (1), (2) to (4) and
(9) of the Environmental Management
Act by section 2 of this Act, and
(b) the amendment of section 120 (17) (i) of the Environmental Management Act by
section 7 of this Act.
Consequential Amendment
9 Section 571C of the Vancouver
Charter, S.B.C. 1953, c. 55, is amended by striking out "sections
55 and 57" and substituting "section
57".
Commencement
10 This Act comes
into force by regulation of the Lieutenant Governor in Council.
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