O. Reg. 207/24: ENVIRONMENTAL PENALTIES

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ontario regulation 207/24

made under the

Environmental Protection Act

Made: May 30, 2024
Filed: May 31, 2024
Published on e-Laws: May 31, 2024
Published in The Ontario Gazette: June 15, 2024

Amending O. Reg. 222/07

(ENVIRONMENTAL PENALTIES)

1. Subsection 3 (3) of Ontario Regulation 222/07 is amended by striking out “a plant described in subsection (1)” in the portion before paragraph 1 and substituting “a plant described in subsection (1), other than a plant described in item 86 of Table 1”.

2. (1) Paragraph 5 of subsection 9 (1) of the Regulation is amended by striking out “4.1” and substituting “4.2”.

(2) Subsection 9 (2) of the Regulation is amended by striking out “4.1” and substituting “4.2”.

(3) Subsection 9 (3) of the Regulation is amended by striking out “9.5 to 10 or” in the portion before paragraph 1 and substituting “9.5 to 9.10, 10 or”.

(4) Subsection 9 (4) of the Regulation is amended by striking out “9, 11, 12 or 12.2 of Table 2” in the portion before paragraph 1 and substituting “9, 9.11, 11, 12, 12.2 or 12.4 of Table 2”.

3. (1) Subsection 12 (1) of the Regulation is amended by striking out “4.1” and substituting “4.2”.

(2) Section 12 of the Regulation is amended by adding the following subsection:

(5) Despite subsection (3), any contravention specified in item 3.4 of Table 2 is classified as very serious.

4. (1) Section 16 of the Regulation is amended by striking out “4.1” wherever it appears and substituting in each case “4.2”.

(2) Subparagraph 2 iv of subsection 16 (2) of the Regulation is amended by striking out “item 3” and substituting “item 1, 3”.

5. Section 18 of the Regulation is amended by striking out “item 9, 11, 12 or 12.2 of Table 2 or item 7, 8 or 9 of Table 3” wherever it appears and substituting in each case “item 9, 9.11, 11, 12, 12.2 or 12.4 of Table 2 or item 6, 7, 8 or 9 of Table 3”.

6. Item 86 of Table 1 to the Regulation is revoked and the following substituted:

 

86.

Organic Chemical

INEOS Styrolution Canada Ltd., Styrene I site and Styrene II site

Sarnia

 

7. (1) Item 3.1 of Table 2 to the Regulation is amended by revoking paragraph 2 in Column 3.

(2) Item 3.2 of Table 2 to the Regulation is amended by revoking paragraph 2 in Column 3.

(3) Item 3.3 of Table 2 to the Regulation is amended by revoking paragraph 2 in Column 3.

(4) Table 2 to the Regulation is amended by adding the following item:

 

3.4

Subclause 182.1 (1) (a) (iii)

Contravention of a provision of the regulations 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 subsection 2 (1) of Ontario Regulation 206/24 (Air Pollution — Discharge of Benzene from INEOS Styrolution).

The day that section 2 of O. Reg. 206/24 comes into force.

Type 3

12

 

(5) Item 4 of Table 2 to the Regulation is amended by adding the following paragraph in Column 3:

2. In the case of an order issued in respect of the plant described in item 86 of Table 1, the discharge is to the natural environment and the contravention occurred on or after the day that O. Reg. 207/24 comes into force.

(6) Item 4.1 of Table 2 to the Regulation is amended by adding the following paragraph in Column 3:

2. The environmental compliance approval is not issued in respect of the plant described in item 86 of Table 1.

(7) Table 2 to the Regulation is amended by adding the following items:

 

4.2

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 issued in respect of the plant described in item 86 of Table 1.

The day that O. Reg. 207/24 comes into force.

Type 1

12

 

. . . . .

 

9.7	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 contravention is of subsection 42 (5) of Ontario Regulation 419/05 (Air Pollution — Local Air Quality). 2. The contravention is of section 66 of the Petrochemical – Industry Standard as set out in the Technical Standards publication, within the meaning of subsection 1 (1) of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act. 3. The contravention is in respect of the plant described in item 86 of Table 1.	The day that O. Reg. 207/24 comes into force.	Type 1	15
9.8	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 subsection 3 (3), section 4, 5, subsection 6 (4) or (8), subsection 7 (1), section 8, 9, section 10 other than subsection 10 (1), section 11, 12, 13, 14, 15 or 16 of Ontario Regulation 206/24  (Air Pollution — Discharge of Benzene from INEOS Styrolution).	The day that section 5 of O. Reg. 206/24 comes into force.	Type 1	15
9.9	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 subsection 3 (1) or (5) or subsection 10 (1) of Ontario Regulation 206/24 (Air Pollution — Discharge of Benzene from INEOS Styrolution).	The day that section 2 of O. Reg. 206/24 comes into force.	Type 2	15
9.10	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 contravention is of subsection 42 (5) of Ontario Regulation 419/05 (Air Pollution — Local Air Quality). 2. The contravention is of section 60 of the Petrochemical – Industry Standard as set out in the Technical Standards publication, within the meaning of subsection 1 (1) of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act. 3. The contravention is in respect of the plant described in item 86 of Table 1.	The day that O. Reg. 207/24 comes into force.	Type 2	15
9.11	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 contravention is of section 9 of the Act. 2. The contravention is in respect of the plant described in item 86 of Table 1.	The day that O. Reg. 207/24 comes into force.	Type 1	15

 

(8) Item 11 of Table 2 to the Regulation is amended by revoking paragraph 2 in Column 3 and substituting the following:

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 land or water, or in the case of an order issued in respect of a plant described in item 86 of Table 1 of this Regulation, the circumstances giving rise to the order relate to a discharge or a potential discharge to the natural environment and the discharge occurred on or after the day that O. Reg. 207/24 comes into force.

(9) Item 12 of Table 2 to the Regulation is amended by revoking paragraph 2 in Column 3 and substituting the following:

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 land or water, or in the case of an order issued in respect of a plant described in item 86 of Table 1 of this Regulation, the circumstances giving rise to the order relate to a discharge or a potential discharge to the natural environment and the discharge occurred on or after the day that O. Reg. 207/24 comes into force.

(10) Item 12.1 of Table 2 to the Regulation is amended by adding the following paragraph in Column 3:

3. The environmental compliance approval is not issued in respect of the plant described in item 86 of Table 1.

(11) Item 12.2 of Table 2 to the Regulation is amended by adding the following paragraph in Column 3:

3. The environmental compliance approval is not issued in respect of the plant described in item 86 of Table 1.

(12) Item 12.3 of Table 2 to the Regulation is amended by adding the following paragraph in Column 3:

2. The environmental compliance approval is not issued in respect of the plant described in item 86 of Table 1.

(13) Table 2 to the Regulation is amended by adding the following item:

 

12.4

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 issued in respect of the plant described in item 86 of Table 1. 2. The provision of the environmental compliance approval that is contravened is not a provision described in item 4.2 of this Table.

The day that O. Reg. 207/24 comes into force.

Type 1

15

 

Commencement

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

 

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