Q-2, r. 49 - Regulation respecting the reclamation of residual materials

Updated to 31 December 2020

This document has official status.

chapter Q-2, r. 49

Regulation respecting the reclamation of residual materials

Environment Quality Act

(chapter Q-2, ss. 53.30, 95.1, 115.27, 115.34 and 124.1).

CHAPTER I SCOPE AND DEFINITIONS

O.C. 871-2020, c. I.

1. This Regulation applies to residual materials reclamation activities covered by a declaration of compliance or an exemption pursuant to the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), subject to any contrary provision of this Regulation.

It applies in a reserved area and in an agricultural zone established pursuant to the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

O.C. 871-2020, s. 1.

2. In this Regulation, unless the context indicates a different meaning,

“Act” means the Environment Quality Act (chapter Q-2); (Loi)

“ambient noise” means the total noise that exists in a given situation, at a given moment, usually composed of noises emitted by many sources that are close and far from a site; (bruit ambiant)

“dwelling” means any construction intended to lodge persons and connected to individual or collective systems for the supply of drinking water and the treatment of waste water; (habitation)

“Minister” means the minister responsible for the application of the Act; (ministre)

“particular noise” means the component of the ambient noise that can be specifically identified and that is associated with the activities carried out at a site; (bruit particulier)

“public institution” means any of the following institutions: (établissement public)

(1)  “educational institution” means any institution providing preschool education or primary or secondary level instruction governed by the Education Act (chapter I-13.3) or by the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), a private educational institution governed by the Act respecting private education (chapter E-9.1), an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), a general and vocational college, a university, a research institute, a superior school or an educational institution more than half of whose operating expenses are paid out of appropriations voted by the National Assembly. For the purposes of this Regulation, childcare centres and day care centres governed by the Educational Childcare Act (chapter S-4.1.1) are deemed to be educational institutions; (établissement d’enseignement)

(2)  “correctional facility” means any facility used for the detention of persons and governed by the Act respecting the Québec correctional system (chapter S-40.1); (établissement de détention)

(3)  “health and social services institution” means any health and social services institution governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5). For the purposes of this Regulation, any other place where lodging services are provided for senior citizens or for any users entrusted by a public institution governed by any of the aforementioned Acts is also a health and social services institution; (établissement de santé et de service sociaux)

(4)  “tourist establishment” means an establishment which offers to the public restaurant services or sleeping accommodations, including the rental of camping spaces. Tourist information offices, museums, ski stations, holiday camps, outdoor recreation areas, public beaches, rest areas, golf courses, marinas and sites with guided tourist visits are deemed to be tourist establishments; (établissement touristique)

“reference noise level” means a particular noise to which a corrective term may be added; (niveau acoustique d’évaluation)

“residual noise” means the noise that subsists at a given site, in a given situation, when the particular noise is eliminated from the ambient noise; (bruit résiduel)

“water withdrawal site” means the place where water enters a facility installed to make water withdrawals. (site de prélèvement d’eau)

O.C. 871-2020, s. 2.

3. For the purposes of this Regulation,

(1)  a reference to a category 1, 2 or 3 water withdrawal is a reference to the categories established by the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);

(2)  the expressions “livestock waste”, “raising site” and “spreading site”, have the same meaning as that assigned to them by section 3 of the Agricultural Operations Regulation (chapter Q-2, r. 26);

(3)  the terms used to designate wetlands and bodies of water are those provided for in the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1).

O.C. 871-2020, s. 3.

4. The distances prescribed by this Regulation in reference to a watercourse or a lake are calculated from the high-water mark. The distances so prescribed in reference to a wetland are calculated from its boundary.

O.C. 871-2020, s. 4.

CHAPTER II GENERAL

O.C. 871-2020, c. II.

DIVISION I SITING STANDARDS

O.C. 871-2020, Div. I.

5. Any residual materials reclamation activity for the purpose of composting or storing organic residual materials, establishing a residual materials transfer station or a selective collection sorting station, storing, sorting and conditioning construction or demolition residual materials, storing and conditioning street sweeping waste, or conditioning uncontaminated wood must be carried out

(1)  100 m or more from a category 1, 2 or 3 groundwater withdrawal site, except in the case of a water withdrawal related to the activity;

(2)  60 m or more from a watercourse or lake and 30 m or more from a wetland;

(3)  outside the floodplain.

The first paragraph does not apply to the following activities:

(1)  storing livestock waste on a raising site or spreading site;

(2)  composting in an enclosed thermophilic composter;

(3)  household composting of materials in a volume of less than 4 m3;

(4)  storing compost.

Subparagraph 3 of the first paragraph does not apply where

(1)  the transfer of materials from a residual materials transfer station or selective collection sorting station is carried out indoors;

(2)  the activity is limited to the storing of construction and demolition waste.

O.C. 871-2020, s. 5.

6. Any residual materials reclamation activity for the purpose of crushing, screening and storing crushed stone or residues from the dimension stone sector, brick, concrete or asphalt or for the purpose of sorting and conditioning dead leaves must be carried out

(1)  100 m or more from a category 1 or 2 groundwater withdrawal site or 30 m or more from a category 3 groundwater withdrawal site, except in the case of a water withdrawal related to the activity;

(2)  60 m or more from a watercourse or lake and 30 m or more from a wetland;

(3)  outside the floodplain.

The first paragraph does not apply to the storage, crushing and screening of brick, concrete, asphalt and crushed stone carried out during construction or demolition work in accordance with section 290 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1).

Subparagraph 3 of the first paragraph does not apply where the activity is limited to storing residual materials.

O.C. 871-2020, s. 6.

7. Where an activity in a facility for composting livestock that dies at the farm involves the storage of the compost produced, the storage must be carried out more than 500 m from a dwelling that does not belong to the owners of the composting facility or from a public institution.

The first paragraph does not apply where the compost meets the maturity criterion as defined in CAN/BNQ Standard 0413-200, according to an analysis by a laboratory accredited under section 118.6 of the Act. The analysis certificate must be kept by the operator and be provided to the Minister at the Minister’s request.

O.C. 871-2020, s. 7.

DIVISION II OPERATING STANDARDS

O.C. 871-2020, Div. II.

8. Where a residual materials reclamation activity involves the conditioning, crushing, screening, transfer or sorting of residual materials on site, the noise emitted by those activities, represented by the reference noise level obtained at the dwelling or public institution must not exceed, for any 1-hour interval, the highest of the following sound levels:

(1)  residual noise;

(2)  40 dBA between 7:00 p.m. and 7:00 a.m. and 45 dBA between 7:00 a.m. and 7:00 p.m.

The first paragraph does not apply to

(1)  a dwelling owned by or rented to the owner or operator of the site or to educational institutions or tourist establishments when they are closed; or

(2)  activities carried out during construction or demolition work.

O.C. 871-2020, s. 8.

9. Every declarant of a residual materials reclamation activity covered by a declaration of compliance, excluding the activities indicated in section 11 or 12, must keep a daily log containing the following information:

(1)  for each material received at the facility:

(a)  the reception date;

(b)  the quantity received, by weight or volume;

(c)  the name and contact information of the generator;

(d)  the name and contact information of the carrier;

(2)  for each material leaving the facility:

(a)  the shipping date;

(b)  the quantity shipped, by weight or volume;

(c)  the type of material shipped;

(d)  the name and contact information of the destination;

(e)  the name and contact information of the carrier;

(3)  the date and the details of any complaint received regarding the declarant’s activities, as well as the measures taken to remedy the situation;

(4)  the dates of maintenance and inspection of the facility’s structures, any observations made and any maintenance or repair measures undertaken.

The declarant must keep the information recorded in the log for a minimum of 5 years from the date it was entered in it. The information must be provided to the Minister on request.

This section applies, adapted as required, to an operator carrying out storage and conditioning of non-contaminated wood referred to in section 276 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1).

O.C. 871-2020, s. 9.

10. In the case of a statement of compliance for the composting and reclamation of compost produced in an enclosed thermophilic composter, in addition to the information prescribed by the first paragraph of section 9 for such an activity, the log must also include the following information:

(1)  the daily temperatures in the thermophilic composter;

(2)  the results obtained from sampling the compost;

(3)  the date the composter is unloaded and the volume of mature compost unloaded.

O.C. 871-2020, s. 10.

11. Every declarant of an activity covered by a declaration of compliance for the construction, installation, modification or operation on a raising site of a facility for composting livestock that dies at the farm and for the storing and spreading on a raising site or spreading site of the compost produced must keep a log containing the following information:

(1)  for the declarant’s composting activities,

(a)  the internal temperatures of the composting materials in the facility taken at intervals of no more than 72 hours;

(b)  each time inedible meat is brought into the facility and for each species,

i.  the species;

ii.  the approximate weight;

iii.  if applicable, the number of carcasses.

(2)  for each compost heap:

(a)  the location of the heap;

(b)  the date of the first input forming the heap;

(c)  the date of the complete removal of the heap.

The declarant must keep the information recorded in the log for a minimum of 5 years from the date it was entered in it. The information must be provided to the Minister on request.

O.C. 871-2020, s. 11.

12. Every declarant of an activity relating to the spreading of fresh waste water or of sludge from a commercial fishing pond site or fresh water aquacultural site must keep a log containing the following information:

(1)  the name and contact information of the operator of the commercial fishing pond site or fresh water aquacultural site from which the fresh waste water or sludge originates:

(2)  the method of spreading;

(3)  the estimated volume of fresh waste water or sludge spread;

(4)  the date of spreading of fresh waste water or sludge;

(5)  the name and contact information of the forest spreading site or the raising or spreading site.

The declarant must keep the information recorded in the log for a minimum of 5 years from the date it was entered in it. The information must be provided to the Minister on request.

O.C. 871-2020, s. 12.

13. Every operator carrying out an activity exempted pursuant to section 274 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) concerning the storing of organic agricultural residues or organic residual materials for purposes of reclamation must keep a log containing the following information for each heap of residues:

(1)  the location of the heap;

(2)  the date of the first input forming the heap;

(3)  the date of the complete removal of the heap.

The operator must keep the information recorded in the log for a minimum of 5 years from the date it was entered in it. The information must be provided to the Minister on request.

O.C. 871-2020, s. 13.

CHAPTER III RECLAMATION OF RESIDUAL MATERIALS FROM CONSTRUCTION OR DEMOLITION WORK

O.C. 871-2020, c. III.

14. This Chapter prescribes the standards applicable to residual materials from construction or demolition work for purposes of their reclamation as residual granular materials in accordance with the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1).

The residual materials covered by this Chapter are

(1)  crushed stone;

(2)  concrete;

(3)  grooving sludge and sediments from ready-mix concrete basins with a dryness greater than 55%;

(4)  brick;

(5)  asphalt;

(6)  cuttings and tailings from the dimension stone sector;

(7)  sludge from the dimension stone sector.

O.C. 871-2020, s. 14.

15. In this Chapter, unless the context indicates a different meaning,

“impurity” means any particle or fragment of material occurring in a mixture of residual materials covered by this Chapter, consisting of plastic, polymer, ceramic, glass, wood, plaster, cardboard, paper, reinforcing steel, pieces of metal, insulating material or any other construction or demolition material that is not a material covered by the second paragraph of section 14;

“residual granular material” means a material made up of one or more of the materials covered by the second paragraph of section 14;

“residual granular materials producer” means a person operating a business that stocks and conditions residual materials covered by this Chapter and stocks, distributes or sells residual granular materials produced from such materials.

O.C. 871-2020, s. 15.

16. For purposes of its reclamation as a residual granular material, a residual material may not contain

(1)  firebrick, asphalt shingles or roof gravels coated with bituminous compound;

(2)  asbestos or lead paint;

(3)  reinforcing metal in a size exceeding that of the residual granular material;

(4)  where it comes from land for which a characterization pursuant to Division IV of Chapter IV of Title I of the Act or a voluntary characterization has been performed, contaminants identified by the characterization and not listed in tables 1 and 2 of Schedule I to this Regulation, except in the case of a category 4 material.

Neither may it be

(1)  a hazardous material; or

(2)  mixed with soil.

O.C. 871-2020, s. 16.

17. For purposes of its reclamation, a residual granular material must meet the following requirements in regard to its content:

(1)  inorganic contaminants must comply with the maximum levels applicable to its category and, where applicable, the maximum levels for leaching tests;

(2)  except for asphalt, the level of petroleum hydrocarbons (C10- C50) must meet the following conditions:

(a)  it must be less than or equal to the maximum level applicable to its category;

(b)  it must be less than or equal to 3,500 mg/kg according to analysis on the total extractible fraction;

(3)  except for asphalt, the organic contaminants must meet the following conditions:

(a)  in the case of category 1 to 3 residual granular materials, the levels must be less than or equal to the maximum levels applicable to its category prescribed by Table 2 of Schedule I;

(b)  in the case of category 4 residual granular materials, the levels must be less than or equal to the limit values prescribed by the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37);

(4)  the total impurities must be less than 1% by weight of the residual granular material and the low-density particles, also called light materials, particularly wood, plastic, insulating material and straw, must be less than 0.1% of the residual granular material;

(5)  the grooving sludge and ready-mix concrete basin sediments must have a dryness greater than 55%.

O.C. 871-2020, s. 17.

18. The residual materials must be conditioned to a maximum particle size of

(1)  300 mm in the case of roadway backfilling, except for work undertaken to stabilize a slope in a structure or build a noise-abatement wall, in which case the maximum particle size is determined in the plans and specifications signed and sealed by an engineer; and

(2)  112 mm in other cases.

O.C. 871-2020, s. 18.

CHAPTER IV CHARACTERIZATION

O.C. 871-2020, c. IV.

19. A producer of residual granular materials must perform a characterization of those materials in accordance with this Chapter.

This Chapter does not apply in cases where

(1)  there is no contaminated soil on the land from which the residual materials originate and the materials concerned originate from residential land, agricultural land other than a livestock waste storage facility, a primary or secondary educational institution, a childcare centre or a day care centre;

(2)  the residual granular materials are residual crushed stone from construction work only, or cuttings or tailings from the dimension stone sector;

(3)  reclamation of the residual granular materials is carried out on the land from which the materials originate, provided the land concerned meets the following conditions:

(a)  the land contains no contaminated materials or contaminated soil;

(b)  no motor vehicle repair, maintenance or recycling activities, treated wood reclamation activities or activities covered by Schedule 3 to the Regulation respecting hazardous materials (chapter Q-2, r. 32) or Schedule III to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) have been carried out on the land;

(4)  the residual materials originate from road infrastructures and are reclaimed in the course of road infrastructure work carried out by the same operator.

O.C. 871-2020, s. 19.

20. Subject to a specific method prescribed by sections 21 to 23, the characterization of residual granular materials must be performed before they are reclaimed by taking at least 1 sample for every 10,000 m3 or less of each type of residual granular material generated in order to analyze

(1)  the inorganic parameters indicated in Table 1 of Schedule I;

(2)  where the residual granular materials are likely to contain organic contaminants, other than asphalt, due to factors such as the utilization of coatings or resin, the occurrence of spills or the carrying out of industrial activities,

(a)  the level of petroleum hydrocarbons (C10-C50); and

(b)  the organic compounds indicated in Table 2 of Schedule I.

O.C. 871-2020, s. 20.

21. Where the residual materials originate from land containing contaminated materials or contaminated soil or from land on which motor vehicle repair, maintenance or recycling activities, treated wood reclamation activities or activities indicated in Schedule 3 to the Regulation respecting hazardous materials (chapter Q-2, r. 32) or Schedule III to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) have been carried out, the characterization must be performed by taking at least 1 sample for every 10,000 m3 or less.

Where the residual granular materials consist of sludge from the dimension stone sector, grooving sludge or sediments from ready-mix concrete basins, at least one representative annual sampling must be taken.

In all the cases covered by this section, the following must be analyzed:

(1)  the inorganic parameters indicated in Table 1 of Schedule I;

(2)  where the residual granular materials are likely to contain organic contaminants, other than asphalt, due to factors such as the utilization of coatings or resin, the occurrence of spills or the carrying out of industrial activities,

(a)  the level of petroleum hydrocarbons (C10-C50); and

(b)  the organic compounds indicated in Table 2 of Schedule I.

O.C. 871-2020, s. 21.

22. Where the residual materials originate from building demolition or construction work or where the residual materials have visible impurities, the impurities content of those materials must be assessed in accordance with the method prescribed by Schedule II.

O.C. 871-2020, s. 22.

23. Where the residual granular materials originate from land on which a soil characterization pursuant to Division IV of Chapter IV of Title I of the Act or a voluntary soil characterization has been performed, the characterization must be performed in accordance with the guide provided for in section 31.66 of the Act.

The analysis must pertain in particular to the contaminants indicated in section 20, as well as any contaminant identified in the soil characterization.

O.C. 871-2020, s. 23.

24. Where the characterization performed in accordance with sections 20 to 23 shows that the level of one of the inorganic parameters indicated in Table 1 of Schedule I is higher than the maximum level indicated in the second column of that same table, the mobility of that parameter must be analyzed by making 1 test for each of the following types of leaching:

(1)  leaching for assessing the mobility of inorganic species;

(2)  acid rain leaching;

(3)  water leaching.

O.C. 871-2020, s. 24.

25. Any analysis required pursuant to this Chapter must be performed by a laboratory accredited pursuant to section 118.6 of the Act.

O.C. 871-2020, s. 25.

CHAPTER V CATEGORIES OF RESIDUAL GRANULAR MATERIALS

O.C. 871-2020, c. V.

26. A residual granular material belongs to one of the following 4 categories, based on their characteristics:

CATEGORY 1
Case 1: The residual granular material requires no characterization pursuant to the second paragraph of section 19, except for materials from road infrastructures.
Case 2: The residual granular material meets the following requirements:
Level of metals, metalloids and other inorganic parameters	Level of petroleum hydrocarbons (C10-C50)	Level of organic compounds	Leachates	Impurities content
lower or equal to the level of the second column of Table 1 of Schedule I	lower or equal to 100 mg/kg	lower or equal to the level of the second column of Table 2 of Schedule I	N/A	lower or equal to 1% (w/w) and 0.1% (w/w) for light materials
CATEGORY 2
The residual granular material meets the following requirements:
Level of metals, metalloids and other inorganic parameters	Level of petroleum hydrocarbons (C10-C50)	Level of organic compounds	Leachates	Impurities content
between the level of the second column and the level of the third column of Table 1 of Schedule I	lower or equal to 100 mg/kg	lower or equal to the level of the second column of Table 2 of Schedule I	leachates do not exceed the maximum level of Table 1 of Schedule I	lower or equal to 1% (w/w) and 0.1% (w/w) for light materials
CATEGORY 3
Case 1: The residual granular material is asphalt and requires no characterization pursuant to this regulation.
Case 2: The residual granular material is composed of a mixure of category 1 or 2 residual granular materials and, if applicable, more than 1% asphalt.
Case 3 : The residual granular material meets the following requirements:
Level of metals, metalloids and other inorganic parameters	Level of petroleum hydrocarbons (C10-C50)	Level of organic compounds	Leachates	Impurities content
lower or equal to the level of the third column of Table 1 of Schedule I, except in the case of asphalt containing slag from steel mills	between 100 mg/kg and 3,500 mg/kg, except asphalt	lower or equal to the level of the third column of Table 2 of Schedule I, except asphalt	leachates do not exceed the maximum level of Table 1 of Schedule I	lower or equal to 1% (w/w) and 0.1% (w/w) for light materials
CATEGORY 4
The residual granular material is crushed stone reclaimed on the land from which the material was excavated and meeting the following requirements:
(1) it is a category 1 or 2 material in respect of impurities;
(2) it has a level of contaminants lower than or equal to toe limit values prescribed by Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q 2, r. 37) or Schedule II of that Regulation for land before the following uses:
(a) land on which, under a municipal zoning by-law, industrial, commercial or institutional uses are authorized, except
i. land where totally or partially residential buildings are built;
ii. land where elementary-level and secondary-level educational institutions, childcare centres, day care centres, hospital centres, residential and long-term care centres, rehabilitation centres, child and youth protection centres, or correctional facilities are built;
(b) land constituting, or intended to constitute, the site of a roadway within the meaning of the Highway Safety Code (chapter C-24.2) or a sidewalk bordering a roadway, a bicycle path or a municipal park, except play areas for which the limit values prescribed in Schedule I to this Regulation and in Schedule I to the Land Protection and Rehabilitation Regulation for any other use remain applicable for a depth of at least 1 m.

A mixture of residual granular materials belongs to the most restrictive category of materials included in its composition.

O.C. 871-2020, s. 26.

27. Residual granular materials may be reclaimed for one of the uses indicated in the table below, based on their category:

Type of use	Category 1	Category 2	Category 3	Category 4
Grading down or raising up of ground level using crushed stone free of impurities	X			X
Road abrasives – crushed stone and cuttings and tailings from the dimension stone sector	X
Construction on residential or agricultural land, a primary or secondary educational institution, a childcare centre or a day care centre	X			X
Mulching, rockfill, landscaping – crushed stone, brick and cuttings and tailings from the dimension stone sector only	X
Backfilling areas excavated during a demolition	X			X
Construction on institutional, commercial or industrial land, including municipal land	X	X		X
Recreation and tourism facilities (bicycle path, park, etc.)	X	X		X
Access road, farm road, noise-abatement embankment and visual screen	X	X		X
Construction of a snow disposal site	X	X		X
Final cover material for a construction or demolition waste landfill or engineered landfill, in compliance with the provisions of the Regulation respecting the landfilling and incineration of residual materials (chapter Q 2, r. 19)	X	X		X
Concrete manufacturing	X	X
Hot or cold bituminous mix	X	X	X	X
Storage area on industrial land	X	X	X	X
Parking area	X	X	X	X
Traffic lanes of industrial or commercial establishments	X	X	X	X
Daily cover material for an engineered landfill, in compliance with the provisions of the Regulation respecting the landfilling and incineration of residual materials	X	X	X	X
Highway and street construction and repair, including highways and streets in residential, municipal and agricultural sectors
- Filtering layer - crushed stone and cuttings and tailings from the dimension stone sector only	X	X	X
- Mineral filler	X	X	X
- Roadbed - asphalt or non-asphalt	X	X	X	X
- Road shoulder - asphalt or non-asphalt	X	X	X	X
- Cushion	X	X	X	X
- Encasing for pipes, excluding waterworks and sewers	X	X	X	X
- Encasing for pipes - crushed stone and cuttings and tailings from the dimension stone sector only	X
- Anti-contaminant layer	X	X	X	X
- Screenings	X	X	X	X
- Surface treatment	X	X	X	X
- Granulates for sealing grout	X	X	X	X
- Encasing for culverts	X	X	X	X
- Roadway backfilling	X	X	X	X
- Road underbed	X	X	X	X

O.C. 871-2020, s. 27.

CHAPTER VI MONETARY ADMINISTRATIVE PENALTIES

O.C. 871-2020, c. VI.

28. A monetary administrative penalty in the amount of $250 for a natural person and $1,000 in other cases may be imposed on every person who fails

(1)  to keep or provide to the Minister, at the Minister’s request, the certificate referred to in the second paragraph of section 7, in accordance with that section;

(2)  to keep the log prescribed by the first paragraph of section 9, 11, 12 or 13, in accordance with those sections;

(3)  to record in the log the information prescribed by section 10;

(4)  to keep the information entered in the log for the period prescribed by the second paragraph of section 9, 11, 12 or 13, or provide it to the Minister in accordance with that paragraph.

O.C. 871-2020, s. 28.

29. A monetary administrative penalty in the amount of $1,000 for a natural person and $5,000 in other cases may be imposed on every person who

(1)  uses a residual granular material containing one of the materials covered by section 16 for purposes of reclamation as granular material;

(2)  uses a residual granular material not meeting the requirements prescribed by section 17 for purposes of reclamation;

(3)  uses cuttings or tailings from the dimension stone sector that do not meet the maximum particle size requirement prescribed by section 18 for restoring a quarry or sand pit;

(4)  fails to perform a characterization of the residual granular materials in contravention of section 19;

(5)  fails to perform the characterization in accordance with the conditions set out in any of sections 20 to 23;

(6)  fails to analyze the mobility of an inorganic parameter in accordance with section 24, in contravention of that section;

(7)  reclaims a residual granular material for a type of use not permitted in section 27 for its category.

O.C. 871-2020, s. 29.

30. A monetary administrative penalty in the amount of $2,000 for a natural person and $10,000 in other cases may be imposed on every person who fails to comply with the operation standard concerning noise prescribed in section 8.

O.C. 871-2020, s. 30.

CHAPTER VII PENAL SANCTIONS

O.C. 871-2020, c. VII.

31. Every person who contravenes the second paragraph of section 7 or any of sections 9 to 13 commits an offence and is liable to a fine of $1,000 to $100,000 for a natural person and $3,000 to $600,000 in other cases.

O.C. 871-2020, s. 31.

32. Every person who contravenes any of sections 16 to 24 or section 27 commits an offence and is liable to a fine of $5,000 to $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), a maximum term of imprisonment of 18 months, or both the fine and imprisonment, for a natural person or a fine of $15,000 to $3,000,000 in other cases.

O.C. 871-2020, s. 32.

33. Every person who contravenes section 8 commits an offence and is liable to a fine of $10,000 to $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), a maximum term of imprisonment of 3 years, or both the fine and imprisonment, for a natural person or a fine of $30,000 to $6,000,000 in other cases.

O.C. 871-2020, s. 33.

CHAPTER VIII FINAL

O.C. 871-2020, c. VIII.

34. (Omitted).

O.C. 871-2020, s. 34.

SCHEDULE I

(ss. 16, 17, 20, 24 and 26)

SPECIFIC REQUIREMENTS

Table 1 – Environmental requirements for metals, metalloids and other inorganic parameters

Parameters	Maximum level1 - mg/kg	Maximum level prescribed by Schedule II to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37)1 - mg/kg	Maximum level - leachate,2 mg/L
Arsenic (As)	6	50	0.025
Barium (Ba)	340	2,000	1
Cadmium (Cd)	1.5	20	0.005
Cobalt (Co)	25	300
Total chromium (Cr)	100	800	0.05
Copper (Cu)	50	500	1
Available cyanide (CN-)3	2	100	0.2
Available fluoride (F-)	200	2,000	1.5
Manganese	1,000	2,200	0.05
Mercury (Hg)	0.2	10	0.001
Molybdenum (Mo)	2	40
Nickel (Ni)	50	500
Lead (Pb)	50	1,000	0.01
Selenium (Se)	1	10	0.01
Zinc (Zn)	140	1,500
1. Total extractible metal. 2. In the case of leaching to simulate acid rain, the maximum levels applicable are those indicated in this column multiplied by 10. 3. Water leaching only for this parameter.

Table 2 – Environmental requirements for organic compounds

Parameters	Maximum level - categories 1 and 2, mg/kg	Maximum level - category 3, mg/kg
Polycyclic aromatic hydrocarbons
Acenaphtene	0.1	100
Acenaphtylene	0.1	100
Anthracene	0.1	100
Benzo (a) anthracene	0.1	10
Benzo (a) pyrene	0.1	10
Benzo (b+j+k) fluoranthene	0.1	10
Benzo (c) phenanthrene	0.1	10
Benzo (g, h, i) perylene	0.1	10
Chrysene	0.1	10
Dibenzo (ah) anthracene	0.1	10
Dibenzo (ai) pyrene	0.1	0.1
Dibenzo (ah) pyrene	0.1	0.1
Dibenzo (al) pyrene	0.1	0.1
7,12-Dimethylbenzo (a) anthracene	0.1	0.1
Fluoranthene	0.1	100
Fluorene	0.1	100
Indeno (1,2,3-cd) pyrene	0.1	10
3-Methylcholanthrene	0.1	0,1
1-Methylnaphtalene	0.1	0.1
2-Methylnaphtalene	0.1	0.1
1,3-Dimethylnaphtalene	0.1	0.1
2,3,5-Trimethylnaphtalene	0.1	0.1
Naphtalene	0.1	50
Phenanthrene	0.1	50
Pyrene	0.1	100
Semi-volatile organic compounds
Butylbenzylphtalate	0.1	0.1
Bis (2-Chloroethoxy) methane	0.1	0.1
Bis (2-Chloroisopropyl) ether	0.1	0.1
Bis (2-Ethylhexyl) phtalate	0.1	0.1
Diethylphtalate	0.1	0.1
Dimethylphtalate	0.1	0.1
Di-n-butylphtalate	0.1	0.1
Di-n-octylphtalate	0.1	0.1
2,6-Dinitrotoluene	0.1	0.1
Hexachlorobenzene	0.1	0.1
Hexachlorocyclopentadiene	0.1	0.1
Hexachloroethane	0.1	0.1

O.C. 871-2020, Sch. I.

SCHEDULE II

(s. 22)

DETERMINATION OF IMPURITIES CONTENT

The impurities content in residual materials from building demolition or construction work or residual materials with visible impurities must be estimated by manually separating the particles of a residual granular material in order to determine the relative proportions by mass of each of the following 6 categories of particles, according to particle size fraction and percentage:

(1) asphalt;

(2) concrete;

(3) crushed stone;

(4) cooked granular materials;

(5) light materials;

(6) other residual granular materials.

Classification by fraction must be accomplished using 2.5 mm, 5 mm, 10 mm, 20 mm, 31.5 mm, 56 mm and 112 mm screens that comply with ISO 3310-1, Test sieves – Technical requirements and testing – Part 1: Test sieves of metal wire cloth. Before separation by screening, samples must be dried in an oven of sufficient size that can be maintained at a constant temperature of 50ºC ± 5ºC for residual granular material containing asphalt and 110ºC ± 5ºC for other materials.

The steps in the process are as follows:

(1) separate by screening the entire sample and retain the fraction withheld by the screens;

(2) before preparing the test portions, determine the relative percentages of the fractions using the screens, calculated as in the following example for the 2.5 – 5 mm fraction (P2.5-5):

P2.5 - 5 (%) = (mass withheld by 2.5 5 mm screen (g)) ÷ (total mass withheld by 2.5 mm screen (g))

(3) based on the maximum particle size of the residual granular material, reduce the fractions and record the minimum masses of the test portions in table form based on the masses indicated in the following table:

Maximum particle size (mm)	Minimum mass of the test portions by fractions
	2.5 mm	5 - 10 mm	10 - 20 mm	20 - 31.5 mm	31,5 - 56 mm	56 - 112 mm
31.5	30 g	200 g	500 g	1,000 g
56					3,000 g
112						8,000 g

(4) spread each fraction in a layer at the bottom of an aluminum or stainless steel container of a shape and size that allows the residual granular material to be spread out in a thin layer. Use as many containers as there are fractions to be analyzed;

(5) for each fraction, visually inspect the particles and classify them into the 6 categories of above-mentioned constituents;

(6) weigh them using a scale with a 20,000 g capacity, accurate to 1 gram, and record the mass of each category of particles by fraction in a table of results;

(7) calculate the percentage of residual granular material by category using the following equation, for which the terms are defined in the table below:

Fraction (in mm)	Percentage related to the fraction in the residual granual material	Mass tested (kg)	Mass of impurities categories (kg)
			Cooked granular materials (CM)	Light materials (LM)	Other residual granluar materials (OM)
2.5–5	P2.5–5	m0	m0CM	m0LM	m0OM
5–10	P5–10	m1	m1CM	m1LM	m1OM
10–20	P10–20	m2	m2CM	m2LM	m2OM
20–31.5	P20–31.5	m3	m3CM	m3LM	m3OM
31.5–56	P31.5–56	m4	m4CM	m4LM	m4OM
56–112	P56–112	m5	m5CM	m5LM	m5OM

(8) the sum of the percentages of residual granular materials in the “cooked granular materials” and “light materials” categories and of the other residual granular materials corresponds to the percentage by weight of the impurities content, and the percentage of the “light materials” category corresponds to the percentage by weight of light materials.

O.C. 871-2020, Sch. II; I.N. 2020-12-31.

REFERENCES

O.C. 871-2020, 2020 G.O. 2, 2343A