Q-2 - Environment Quality Act

Full text
31.39. The Minister must amend a depollution attestation and adjust any applicable corrective program if
(1)  the standards prescribed by regulation are amended; or
(2)  the conditions, restrictions, prohibitions or special standards set out in an authorization issued under this Act affect the content of the attestation.
The Minister may also amend such an attestation if
(1)  the operator concerned submits an amendment application to the Minister;
(2)  the standards for installing and operating any apparatus or equipment utilized to abate or stop the release of contaminants must be adjusted to better control the operation of the works concerned;
(3)  the methods or standards for controlling and monitoring releases of contaminants, including the procedure for sending statements of the results obtained, must be adjusted to better control the sources of contamination; or
(4)  a water management or treatment facility is transferred to a municipality, or is connected to works operated by a municipality and affects the content of the attestation.
Before making a decision under this section, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J‑3) to the person concerned and grant the latter at least 15 days to submit observations.
1988, c. 49, s. 8; 1997, c. 43, s. 517; 2017, c. 42017, c. 4, s. 29.
31.39. In the following cases, the Minister may amend a depollution attestation issued by him or on his behalf:
(1)  where the holder of the attestation submits an application for amendment to him;
(2)  where the standards prescribed by the Minister with respect to the installation and operation of any apparatus or equipment utilized for the purposes of abating or eliminating the emission, deposit, release or discharge of any contaminant must be amended in order to permit better control over the operation of municipal wastewater treatment works;
(3)  where the methods or standards prescribed by the Minister with respect to the control and monitoring of the discharge of contaminants, including 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 amends any of the contaminant discharge standards referred to in paragraph 3 of section 31.34 and considers that failure to include any one of them in the depollution attestation could threaten public health and safety, the Minister shall include the discharge standards so amended in the attestation and adjust the corrective program accordingly.
Before rendering his decision, the Minister shall, as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), transmit notice of the amendment to the holder of the depollution attestation and allow him the opportunity to present observations within a period of 30 days following reception of the amendment notice.
1988, c. 49, s. 8; 1997, c. 43, s. 517.
31.39. In the following cases, the Minister may amend a depollution attestation issued by him or on his behalf:
(1)  where the holder of the attestation submits an application for amendment to him;
(2)  where the standards prescribed by the Minister with respect to the installation and operation of any apparatus or equipment utilized for the purposes of abating or eliminating the emission, deposit, release or discharge of any contaminant must be amended in order to permit better control over the operation of municipal wastewater treatment works;
(3)  where the methods or standards prescribed by the Minister with respect to the control and monitoring of the discharge of contaminants, including 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 amends any of the contaminant discharge standards referred to in paragraph 3 of section 31.34 and considers that failure to include any one of them in the depollution attestation could threaten public health and safety, the Minister shall include the discharge standards so amended in the attestation and adjust the corrective programme accordingly.
Before rendering his decision, the Minister shall transmit notice of the amendment to the holder of the depollution attestation and allow him the opportunity to present his point of view within a period of 30 days following reception of the amendment notice.
1988, c. 49, s. 8.