O. Reg. 338/23: ENVIRONMENTAL PENALTIES

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ontario regulation 338/23

made under the

Environmental Protection Act

Made: November 8, 2023
Filed: November 9, 2023
Published on e-Laws: November 9, 2023
Published in The Ontario Gazette: November 25, 2023

Amending O. Reg. 222/07

(ENVIRONMENTAL PENALTIES)

1. (1) Section 2 of Ontario Regulation 222/07 is amended by adding the following definitions:

“closed landfilling site” means a landfilling site,

(a) that has had final cover material applied to it in accordance with the applicable closure requirements under the Act and in which further landfilling is not permitted by an environmental compliance approval, or

(b) that has reached its approved capacity under its environmental compliance approval; (“lieu d’enfouissement désaffecté”)

“landfilling” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act; (“enfouissement”)

“landfilling site” means a waste disposal site at which landfilling occurs and that has, in respect of the landfilling, an approved capacity of 40,000 cubic metres or more under an environmental compliance approval; (“lieu d’enfouissement”)

“waste disposal site” has the same meaning as in Part V of the Act. (“lieu d’élimination des déchets”)

(2) Section 2 of the Regulation is amended by adding the following subsections:

(2) For the purposes of Table 2,

(a) a reference to a discharge or spill is a reference to a discharge or spill from a plant;

(b) a reference to an environmental compliance approval or an order is a reference to an environmental compliance approval or an order in respect of a plant; and

(c) a reference to a regulated person is a reference to a regulated person described in section 3.

(3) For the purposes of Table 3,

(a) a reference to a discharge or spill is a reference to a discharge or spill from a landfilling site;

(b) a reference to an environmental compliance approval or an order is a reference to an environmental compliance approval or an order in respect of a landfilling site; and

(c) a reference to a regulated person is a reference to a regulated person described in section 3.1.

(4) In this Regulation, a reference to a landfilling site includes a reference to a closed landfilling site.

2. The Regulation is amended by adding the following section:

Regulated person, landfills

3.1 For the purposes of clause (a) of the definition of “regulated person” in subsection 1 (1) of the Act, a prescribed class of persons is persons who own or operate a landfilling site.

3. Clause 4 (2) (b) of the Regulation is revoked and the following substituted:

(b) for a contravention that,

(i) occurs at,

(A) a plant described in subsection 3 (1) or relates to the operations of the plant, or

(B) a landfilling site or relates to the operations of the landfilling site;

(ii) is described in Column 2 of Table 2 or 3, if the circumstances, if any, set out in Column 3 of the applicable Table for the contravention apply, and

(iii) occurs or continues on or after the date specified in Column 4 of Table 2 or 3 in respect of the contravention.

4. Section 5 of the Regulation is amended by striking out “Table 2” wherever it appears and substituting in each case “Table 2 or 3”.

5. Paragraph 2 of subsection 6 (1) is amended by,

(a) striking out “Table 2” and substituting “Table 2 or item 1 or 2 of Table 3”; and

(b) adding “or landfilling site” at the end.

6. Section 8 of the Regulation is amended by striking out “Table 2” wherever it appears and substituting in each case “Table 2 or 3”.

7. (1) Paragraph 1 of subsection 9 (1) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or 3”.

(2) Paragraph 4 of subsection 9 (1) of the Regulation is amended by,

(a) striking out “Table 2” and substituting “Table 2 or item 1 or 2 of Table 3”; and

(b) adding “or landfilling site” at the end.

(3) Paragraph 5 of subsection 9 (1) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or item 3 or 4 of Table 3”.

(4) Subsection 9 (2) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or item 1, 2, 3, 4 or 10 of Table 3”.

(5) Subsection 9 (3) of the Regulation is amended by striking out “Table 2” in the portion before paragraph 1 and substituting “Table 2 or item 5 of Table 3”.

(6) Subsection 9 (4) of the Regulation is amended by striking out “Table 2” in the portion before paragraph 1 and substituting “Table 2 or item 6, 7, 8 or 9 of Table 3”.

8. Subsection 10 (1) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or item 1 of Table 3”.

9. Subsection 11 (1) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or item 2 of Table 3”.

10. Subsection 12 (1) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or item 3 or 4 of Table 3”.

11. Subsection 14 (1) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or item 10 of Table 3”.

12. (1) Subsection 16 (1) of the Regulation is amended by striking out “Table 2” in the portion before paragraph 1 and substituting “Table 2 or item 1, 3 or 4 of Table 3”.

(2) Paragraph 3 of subsection 16 (1) of the Regulation is revoked and the following substituted:

3. If the contravention occurred at a plant, established monitoring and maintenance programs for structures, equipment and mechanisms at the plant for the purpose of preventing the contravention.

3.1 If the contravention occurred at a landfilling site, established monitoring and maintenance programs for facilities, equipment and operations at the site for the purpose of preventing the contravention.

(3) Paragraph 5 of subsection 16 (1) of the Regulation is amended by striking out “plant” and substituting “plant or landfilling site”.

(4) Paragraphs 6 and 7 of subsection 16 (1) of the Regulation are revoked and the following substituted:

6. If the contravention occurred at a plant, altered or redesigned industrial processes used at the plant for the purpose of preventing the contravention, or installed equipment for the purpose.

6.1 If the contravention occurred at a landfilling site, altered or redesigned operations used at the site for the purpose of preventing the contravention, or installed equipment for the purpose.

7. If the contravention occurred at a plant, trained personnel in the construction, installation, maintenance or operation of any relevant structures, equipment or mechanisms, and in the implementation of any other measures relating to preventing the contravention.

8. If the contravention occurred at a landfilling site, trained personnel in the construction, installation, maintenance or operation of any relevant facilities or equipment and in the implementation of any other measures relating to preventing the contravention.

(5) Subsection 16 (2) of the Regulation is amended by,

(a) striking out “Table 2” in the portion before paragraph 1 and substituting “Table 2 or item 1, 3 or 4 of Table 3”; and

(b) striking out “plant” wherever it appears and substituting in each case “plant or landfilling site”.

(6) Subparagraph 1 iii of subsection 16 (2) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or item 3 or 4 of Table 3”.

(7) Subparagraph 2 iv of subsection 16 (2) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or item 3 or 4 of Table 3”.

(8) Subsection 16 (3) of the Regulation is amended by,

(a) striking out “Table 2” in the portion before paragraph 1 and substituting “Table 2 or item 2 of Table 3”; and

(b) striking out “plant” wherever it appears and substituting in each case “plant or landfilling site”.

(9) Subsection 16 (4) of the Regulation is amended by striking out “Table 2” and substituting “Table 2 or items 5 to 10 of Table 3”.

13. Section 17 of the Regulation is amended by striking out “the plant” wherever it appears and substituting in each case “the plant or landfilling site”.

14. Section 18 of the Regulation is amended by striking out “Table 2” wherever it appears and substituting in each case “Table 2 or item 7, 8 or 9 of Table 3”.

15. The Regulation is amended by adding the following Table:

TABLE 3
Contraventions — LANDFILLS

Item	Column 1 Provision of the Act	Column 2 Description of the contravention	Column 3 Circumstances	Column 4 First date on which an environmental penalty may be ordered for the contravention	Column 5 Type of contravention	Column 6 Section of this Regulation that specifies the type of consequence
1.	Subclause 182.1 (1) (a) (i)	Contravention of section 14 of the Act (prohibits discharge of a contaminant into the natural environment that causes or may cause an adverse effect)	The discharge is of a pollutant as defined under Part X of the Act.	The day on which O. Reg.338/23 comes into force.	Type 3	10
2.	Subclause 182.1 (1) (a) (ii)	Contravention of section 93 of the Act (duty to mitigate and restore where pollutant is spilled that causes or is likely to cause an adverse effect)	The spill is to the natural environment.	The day on which O. Reg. 338/23 comes into force.	Type 3	11
3.	Subclause 182.1 (1) (a) (iv)	Contravention of a provision of an order under the Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.	The discharge is to the natural environment.	The day on which O. Reg. 338/23 comes into force.	Type 1	12
4.	Subclause 182.1 (1) (a) (v)	Contravention of a provision of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under the Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.	The contravention is of a provision of an environmental compliance approval.	The day on which O. Reg.338/23 comes into force.	Type 1	12
5.	Subclause 182.1 (1) (b) (i)	Contravention of a provision of the Act or the regulations, other than a provision referred to in subclause 182.1 (1) (a) (i), (ii) or (iii) of the Act.	1.  The spill is to the natural environment. 2.  The contravention is of section 92 of the Act.	The day on which O. Reg.338/23 comes into force.	Type 2	15
6.	Subclause 182.1 (1) (b) (i)	Contravention of a provision of the Act or the regulations, other than a provision referred to in subclause 182.1 (1) (a) (i), (ii) or (iii) of the Act.	The contravention is of sections 27, 40 or 41 of the Act.	The day on which O. Reg.338/23 comes into force.	Type 1	15
7.	Subclause 182.1 (1) (b) (ii)	Contravention of a provision of an order under the Act, other than an order under section 99.1, 100.1 or 150 of the Act, an order of a court or a provision referred to in subclause 182.1 (1) (a) (iv) of the Act.	1.  The order is issued under section 7, 8, 17, 18, 97, 157 or 157.1 of the Act. 2.  In the case of an order issued under section 7, 8, 17, 18, 97 or 157.1, the circumstances giving rise to the order relate to a discharge or a potential discharge to the natural environment. 3.  In the case of an order issued under section 157, the order is issued in response to a contravention specified in this Table. 4.  The provision of the order that is contravened relates to, i. preventing, eliminating or ameliorating an adverse effect, or ii. the construction, installation or modification of any thing.	The day on which O. Reg. 338/23 comes into force.	Type 2	15
8.	Subclause 182.1 (1) (b) (ii)	Contravention of a provision of an order under the Act, other than an order under section 99.1, 100.1 or 150 of the Act, an order of a court or a provision referred to in subclause 182.1 (1) (a) (iv) of the Act.	1.  The order is issued under section 7, 8, 17, 18, 97, 157 or 157.1 of the Act. 2.  In the case of an order issued under section 7, 8, 17, 18, 97 or 157.1, the circumstances giving rise to the order relate to a discharge or a potential discharge to the natural environment. 3.  In the case of an order issued under section 157, the order is issued in response to a contravention specified in this Table. 4.  The provision of the order that was contravened is not a provision of an order described in item 3 or 7 of this Table.	The day on which O. Reg. 338/23 comes into force.	Type 1	15
9.	Subclause 182.1 (1) (b) (iii)	Contravention of a provision of an environmental compliance approval, certificate of property use, renewable energy approval, licence or permit under the Act.	1.  The contravention is of a provision of an environmental compliance approval. 2. The provision of the environmental compliance approval that is contravened is not a provision of an approval described in item 4 of this Table.	The day on which O. Reg.338/23 comes into force.	Type 1	15
10.	Subclause 182.1 (1) (b) (v)	Contravention of a provision of an agreement under subsection 182.1 (9) of the Act.	N/A	The day on which O. Reg. 338/23 comes into force.	Type 2	14, 15

 

Commencement

16. This Regulation comes into force on the day it is filed.

 

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