q-2, r. 43.1 - Regulation respecting charges to promote the treatment and reclamation of excavated contaminated soils

Updated to 1 January 2024

This document has official status.

chapter Q-2, r. 43.1

Regulation respecting charges to promote the treatment and reclamation of excavated contaminated soils

Environment Quality Act

(chapter Q-2, s. 95.1, 1st par., subpars. 11, 12 and 21, and s. 124.1).

Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

(chapter M-11.6, s. 30, 1st par., and s. 45, 1st par.).

CHAPTER I GENERAL

O.C. 1459-2022, c. I.

1. The object of this Regulation is to prescribe the charges payable for the management of excavated contaminated soils in order to promote their treatment and reclamation.

O.C. 1459-2022, s. 1.

2. This Regulation applies in particular in a reserved area or in an agricultural zone established in accordance with the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

O.C. 1459-2022, s. 2.

3. The soils to which this Regulation applies are the soils to which the Regulation respecting the traceability of excavated contaminated soils (chapter Q-2, r. 47.01) applies.

O.C. 1459-2022, s. 3.

4. In this Regulation, “linear infrastructure”, “receiving site”, “project owner”, “receiving site manager” and “site of origin” have the meaning assigned in the Regulation respecting the traceability of excavated contaminated soils (chapter Q-2, r. 47.01).

O.C. 1459-2022, s. 4.

CHAPTER II CHARGES

O.C. 1459-2022, c. II.

5. For soils transported from their site of origin, except those referred to in section 3 of the Regulation respecting the traceability of excavated contaminated soils (chapter Q-2, r. 47.01), charges of one third of the charges referred to in the first paragraph of section 3 of the Regulation respecting the charges payable for the disposal of residual materials (chapter Q-2, r. 43) are payable, for each metric ton, by the owner of the soils, by the project owner if the soils are excavated during work on a linear infrastructure, or by the party responsible for the accidental release of hazardous materials if the soils are excavated following such a release,

(1)  when the soils contain contaminants whose concentration exceeds the limit values set out in Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37), except if the concentration is equal to or lesser than the limit values set out in Schedule II to that Regulation and if the soils are intended as a drainage layer in an engineered landfill or as a cover material in a trench landfill or a northern landfill, within the meaning of the third paragraph of section 94 of the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19), or are intended to be reclaimed on another site referred to in the second paragraph of section 6 of the Regulation respecting contaminated soil storage and contaminated soil transfer stations (chapter Q-2, r. 46);

(2)  when the soils contain contaminants whose concentration is equal to or lesser than the limit values set out in Schedule I to the Land Protection and Rehabilitation Regulation and are disposed of in a contaminated soil burial site or mine tailings site, sent to a contaminated soil stockpiling site, used for daily covering in an engineered landfill in accordance with section 41 of the Regulation respecting the landfilling and incineration of residual materials, monthly covering in a construction or demolition waste landfill in accordance with section 105 of the Regulation respecting the landfilling and incineration of residual materials or the construction of access roads in residual materials disposal areas in either type of landfill, or sent outside Québec.

When the soils are intended for a contaminated soil processing site or contaminated soil transfer station referred to in the second paragraph of section 6 of the Regulation respecting contaminated soil storage and contaminated soil transfer stations, the charges payable are one half of the charges provided for in the first paragraph.

O.C. 1459-2022, s. 5.

6. For soils referred to in section 3 of the Regulation respecting the traceability of excavated contaminated soils (chapter Q-2, r. 47.01) that are transported from a receiving site, charges of one third of the charges referred to in the first paragraph of section 3 of the Regulation respecting the charges payable for the disposal of residual materials (chapter Q-2, r. 43) are payable, for each metric ton, by the manager of that site

(1)  when the soils contain contaminants whose concentration exceeds the limit values set out in Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37), except if the concentration is equal to or lesser than the limit values set out in Schedule II to that Regulation and if the soils are intended as a drainage layer in an engineered landfill or as a cover material in a trench landfill or a northern landfill, within the meaning of the third paragraph of section 94 of the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19), or are intended to be reclaimed on another site referred to in the second paragraph of section 6 of the Regulation respecting contaminated soil storage and contaminated soil transfer stations (chapter Q-2, r. 46);

(2)  when the soils contain contaminants whose concentration is equal to or lesser than the limit values set out in Schedule I to the Land Protection and Rehabilitation Regulation and are disposed of in a contaminated soil burial site or mine tailings site, sent to a contaminated soil stockpiling site, used for daily covering in an engineered landfill in accordance with section 41 of the Regulation respecting the landfilling and incineration of residual materials, monthly covering in a construction or demolition waste landfill in accordance with section 105 of the Regulation respecting the landfilling and incineration of residual materials or the construction of access roads in residual materials disposal areas in either type of landfill, or sent outside Québec.

When the soils are intended for a contaminated soil treatment site or contaminated soil transfer station referred to in the second paragraph of section 6 of the Regulation respecting contaminated soil storage and contaminated soil transfer stations, the charges payable are one half of the charges provided for in the first paragraph.

O.C. 1459-2022, s. 6.

7. For soils buried in a contaminated soil burial site situated on their site of origin, charges of one third of the charges referred to in the first paragraph of section 3 of the Regulation respecting the charges payable for the disposal of residual materials (chapter Q-2, r. 43) are payable, for each metric ton, by the owner of the soils.

Each year, not later than 31 January, for the preceding period from 1 July to 31 December, and not later than 31 July, for the preceding period from 1 January to 30 June, the owner of the soils must send the following information to the Minister, using the form supplied by the Minister:

(1)  the owner’s name and contact information;

(2)  the nature of the substances present in the soils and their concentration value;

(3)  the quantity of soils buried, in metric tons.

O.C. 1459-2022, s. 7.

8. The soils must be weighed on arrival at the receiving site by the manager to determine the quantity to which charges apply.

For soils buried at a place on the site of origin, the owner of the soils must weigh them before burial.

The devices used to weigh the soils must be used and maintained so as to provide reliable data and be calibrated at least once a year.

This section does not apply when the receiving site is a landfill site reserved for the exclusive use of an industrial, commercial or other establishment, if data on the quantity of soils buried there may be obtained otherwise.

O.C. 1459-2022, s. 8.

9. The increase provided for in section 4 of the Regulation respecting the charges payable for the disposal of residual materials (chapter Q-2, r. 43) must be included in the calculation of the charges prescribed by this Regulation, except if that charge is payable for soils intended for a contaminated soil processing site or contaminated soil transfer station referred to in the second paragraph of section 6 of the Regulation respecting contaminated soil storage and contaminated soil transfer stations (chapter Q-2, r. 46).

The Minister must publish, on 1 January of each year, the results of the calculation by any means the Minister considers appropriate.

O.C. 1459-2022, s. 9.

10. Charges payable under this Regulation must be paid in full within 30 days after the Minister notifies a notice of claim stating the amount owed.

The charges are payable in cash, by cheque or postal order made out to the Minister of Finance, or by electronic means.

O.C. 1459-2022, s. 10.

CHAPTER III PENALTIES

O.C. 1459-2022, c. III.

11. A monetary administrative penalty of $350 in the case of a natural person or $1,500 in other cases may be imposed on any person who fails to send the information listed in the second paragraph of section 7 to the Minister, within the time and on the conditions set out in that paragraph.

O.C. 1459-2022, s. 11.

12. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in other cases may be imposed on any person who fails

(1)  to pay the charges prescribed in section 5 or 6 or in the first paragraph of section 7 or to pay them on the conditions set out in section 10;

(2)  to weigh soils as prescribed in the first and second paragraphs of section 8;

(3)  to comply with the conditions for using or maintaining devices referred to in the third paragraph of section 8.

O.C. 1459-2022, s. 12.

13. Every person who contravenes the second paragraph of section 7 commits an offence and is liable, in the case of a natural person, to a fine of $2,000 to $100,000 and, in other cases, to a fine of $6,000 to $600,000.

O.C. 1459-2022, s. 13.

14. Every person who fails

(1)  to pay the charges prescribed in section 5 or 6 or in the first paragraph of section 7 or to pay them on the conditions set out in section 10,

(2)  to weigh soils as prescribed in the first and second paragraphs of section 8,

(3)  to comply with the conditions for using or maintaining devices referred to in the third paragraph of section 8,

commits an offence and is liable, in the case of a natural person, to a fine of $2,500 to $250,000 and, in other cases, to a fine of $7,500 to $1,500,000.

O.C. 1459-2022, s. 14.

CHAPTER IV FINAL

O.C. 1459-2022, c. IV.

15. (Omitted).

O.C. 1459-2022, s. 15.

REFERENCES

O.C. 1459-2022, 2022 G.O. 2, 3254