31.26. In the following cases, the Minister may, of his own initiative, amend a depollution attestation issued by him or on his behalf:
(1) where the attestation is issued on the basis of erroneous or fraudulent information or where the applicant fails to declare any important fact;
(2) where, contrary to section 31.25, the holder of the attestation fails to apply to the Minister for amendment of his attestation;
(3) where the additional requirements established by the Minister concerning the control and monitoring of the discharge of contaminants including, in particular the procedure for transmitting the statements of the results obtained, must be amended to permit better control over the sources of contamination.
Where the Government makes a regulation under this Act that applies to the operator of an industrial establishment and where the operator holds a depollution attestation, the Minister shall adjust the content of the attestation to take account of the new regulatory standards that apply to him.
The Minister may however, within 90 days after the adoption by the Government of a new contaminant discharge standard, defer, for a period not exceeding three years, the application of a standard, if he considers that compliance with the standard at the time of its application in respect of the holder will interfere with the requirements and dates of application established under the second paragraph of section 31.15. The Minister shall, in that case, indicate in the attestation the contaminant discharge standards the application of which is deferred and the period of time for which it is deferred.
For the purposes of the third paragraph, there is interference where the introduction of an abatement technology or of an industrial process which would ensure compliance with the regulatory standard referred to in the third paragraph is insufficient and incompatible with the technology or process the introduction of which is intended to ensure compliance with a discharge standard established by the Minister under the first paragraph of section 31.15.
Before issuing an amended depollution attestation, the Minister shall, as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), transmit to the holder of the depollution attestation a written notice informing him of his intention to amend the attestation, for the reasons he indicates, and give the holder the opportunity to present observations within 30 days after the date of transmission of the notice.
1988, c. 49, s. 8; 1991, c. 30, s. 16; 1997, c. 43, s. 515.