E-13.1 - Act respecting the establishment and enlargement of certain waste elimination sites

Repealed on 19 January 2006

This document has official status.

chapter E-13.1

Act respecting the establishment and enlargement of certain waste elimination sites

Repealed, 2005, c. 33, s. 5.

2005, c. 33, s. 5.

1. From 14 June 1993, no person may undertake any project to establish or enlarge a sanitary landfill site or dry materials disposal site within the meaning of the Regulation respecting solid waste (R.R.Q., 1981, chapter Q-2, r. 14) unless the procedure for assessing and examining the environmental impacts of the project, as provided for in Division IV.1 of Chapter I of the Environment Quality Act (chapter Q-2), has been followed and unless that person holds the certificate referred to in section 54 of that Act and a certificate of authorization issued by the Government under section 31.5 of that Act. For the purposes of this paragraph, the enlargement of a sanitary landfill site or dry materials disposal site includes any change that leads to an increase in the landfill or disposal capacity of the site.

The first paragraph does not apply to any project in respect of which the Minister, before 14 June 1993, has issued the certificate referred to in section 54 of that Act.

1993, c. 44, s. 1.

2. The provisions of the first paragraph of section 1 apply to any project to establish or enlarge a sanitary landfill site or dry materials disposal site that is submitted to the Minister of the Environment before 14 June 1993 in order to obtain the certificate referred to in section 54 of the Environment Quality Act (chapter Q‐2), but in respect of which, on that date, no certificate has been issued by the Minister and no judgment replacing the certificate has been rendered. The application for the certificate shall replace the notice required under section 31.2 of that Act.

Where a project to which the first paragraph applies has, before 14 June 1993, been the subject of an inquiry and report by the Bureau d’audiences publiques sur l’environnement pursuant to section 6.3 of the Environment Quality Act, the proponent of the project shall not be required to prepare the impact assessment study provided for in section 31.2 of that Act. Furthermore, such a project shall not be the subject of other consultations or public hearings under section 31.3 of that Act. Finally, the inquiry report of the Bureau d’audiences publiques sur l’environnement shall, for the purposes of section 31.5 of that Act, replace the impact assessment study referred to in that section.

1993, c. 44, s. 2; 1994, c. 17, s. 75; 1999, c. 36, s. 158.

3. The Government, each time it issues a certificate of authorization under section 31.5 of the Environment Quality Act (chapter Q‐2) in respect of a project to which the first paragraph of section 1 or section 2 applies, may, if it considers it necessary for greater environmental protection, establish standards in the certificate other than those prescribed by the Regulation respecting solid waste (R.R.Q., 1981, chapter Q‐2, r. 14), in particular as regards the conditions on which the sanitary landfill site or dry materials disposal site with which the project is concerned may be established, enlarged or closed down.

The priority accorded by the fifth paragraph of section 124 of the Environment Quality Act to the regulations made under that Act also applies to the standards established by the Government pursuant to the first paragraph of this section.

The holder of a certificate of authorization issued in respect of a project referred to in the first paragraph of section 1 or in section 2 must, without delay, cause a notice setting out the standards established by the Government pursuant to this section and contained in the certificate to be published in a newspaper circulated in the regional territory in which the sanitary landfill site or dry materials disposal site with which the project is concerned is situated. For the purposes of this paragraph, “regional territory” means the territory of a metropolitan community or of a regional county municipality.

1993, c. 44, s. 3; 1996, c. 2, s. 673; 2000, c. 56, s. 218.

4. Any person who contravenes the provisions of this Act or the standards established by the Government pursuant to section 3 is liable to the penalties prescribed by section 106 of the Environment Quality Act (chapter Q-2).

The provisions of the first paragraph of section 109.1.1 and sections 109.1.2, 109.2, 110, 110.1, 112, 112.1, 114, 115, 116 and 116.1 of that Act are applicable.

1993, c. 44, s. 4.

5. (Repealed).

1993, c. 44, s. 5; 1994, c. 17, s. 75; 1995, c. 60, s. 6.

6. The provisions of this Act are not applicable to the territories referred to in the second paragraph of section 31.9 and in sections 133 and 168 of the Environment Quality Act (chapter Q-2).

1993, c. 44, s. 6.

7. (Omitted).

1993, c. 44, s. 7.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 44 of the statutes of 1993, in force on 1 September 1993, is repealed, except section 7, effective from the coming into force of chapter E-13.1 of the Revised Statutes.