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

Updated to 13 February 2023

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 and 124.1).

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

(chapter M-11.6, ss. 30 and 45).

See Chapter III of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks (chapter Q-2, r. 32.2)

O.C. 871-2020; S.Q. 2022, c. 8, s. 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 boundary of the littoral zone. 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 referred to in section 261, 263, 268, 269, 277, 279, 280 or 281 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) 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 flood zone.

Subparagraph 3 of the first paragraph does not apply where

(1)  activities related to the transfer of materials from a residual materials transfer station referred to in section 261 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact or activities related to a selective collection sorting station referred to in section 281 of that Regulation are carried out indoors;

(2)  the activity is limited to the storing of construction and demolition waste referred to in section 268 or 280 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact.

O.C. 871-2020, s. 5; O.C. 1461-2022, s. 1.

6. Any residual materials reclamation activity referred to in section 259, 276, 282 or 283 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) 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 flood zone.

Subparagraph 3 of the first paragraph does not apply where the activity is referred to in section 259, 282 or 283 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact and is limited to storing residual materials.

O.C. 871-2020, s. 6; O.C. 1461-2022, s. 2.

7. (Revoked).

O.C. 871-2020, s. 7; O.C. 1461-2022, s. 3.

DIVISION II OPERATING STANDARDS

O.C. 871-2020, Div. II.

8. Where an activity referred to in section 259, 261, 263, 276 or 277 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) involves the conditioning, crushing, screening, transfer or sorting of residual materials on site, or where an activity referred to in section 269 of that Regulation involves the screening of such 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; O.C. 1461-2022, s. 4.

9. Every person who carries out a residual materials reclamation activity pursuant to section 259, 261, 263, 265, 268, 269 or 277 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) 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.

Subparagraph 1 of the first paragraph does not apply to the activities referred to in sections 265 and 268 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact.

O.C. 871-2020, s. 9; O.C. 1461-2022, s. 5.

10. In the case of a statement of compliance referred to in section 265 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), 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; O.C. 1461-2022, s. 6.

11. Every declarant of an activity covered by a declaration of compliance pursuant to section 252 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) 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; O.C. 1461-2022, s. 7.

12. Every declarant of an activity referred to in section 255 or 257 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) 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; O.C. 1461-2022, s. 8.

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) 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; O.C. 1461-2022, s. 9.

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)  sludge from the maintenance of concrete surfaces 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; O.C. 1461-2022, s. 10.

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 granular 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 who stocks and, where necessary, 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; O.C. 1461-2022, s. 11.

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, except

(a)  for the purpose of using the technique to pulverize asphalt;

(b)  where the mix is required for the type of use determined in the plans and specifications signed and sealed by an engineer;

(c)  where the mix is made for the purpose of obtaining a particle size that complies with BNQ Standard 2560-114.

O.C. 871-2020, s. 16; O.C. 1461-2022, s. 12.

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

(1)  inorganic contaminants must meet the following conditions:

(a)  in the case of category 1, 2 or 3 residual granular materials, the maximum levels must be less than or equal to the levels applicable to its category, as well as, where applicable, the maximum levels for leaching tests;

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

(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;

(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; O.C. 1461-2022, s. 13.

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 where the materials are one of the following:

(1)  the materials originate from residential land, agricultural land other than a livestock waste storage facility, an elementary-level or secondary-level educational institution, a childcare centre or a day care centre and the land concerned contains no contaminated soil or contaminated materials;

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

(3)  the materials originate from land where no motor vehicle repair, maintenance or recycling activities, treated wood reclamation activities, activities whose sector is listed in Schedule 3 to the Regulation respecting hazardous materials (chapter Q-2, r. 32) or activities whose category is listed in Schedule III to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) have been carried out and the following conditions are met:

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

(b)  the reclamation of the residual granular materials is carried out on the land of origin concerned;

(4)  the residual materials originate from road infrastructures and the following conditions are met:

(a)  the land of the infrastructures concerned contains no contaminated soils or contaminated materials;

(b)  the residual materials are reclaimed in the course of infrastructure work carried out by the same operator.

Subparagraph b of subparagraph 3 of the second paragraph does not apply where the residual granular material is crushed stone.

Despite the second paragraph, a characterization must be performed where the materials are used for a purpose referred to in the second paragraph of section 178 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. 19; O.C. 1461-2022, s. 14.

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.

20.1. Where the residual granular materials consist of sludge from the dimension stone sector, sludge from the maintenance of concrete surfaces or sludge from a ready-mix concrete basin, at least one representative annual sampling must be taken.

O.C. 1461-2022, s. 15.

20.2. Where the sampling of residual granular materials is carried out on site on the land, the sampling must comply with the sampling strategy prescribed by the guide prepared under section 31.66 of the Act.

O.C. 1461-2022, s. 15.

21. The characterization of the residual granular materials must be performed by taking at least 1 sample for every 1,000 m3 or less where

(1)  the residual materials originate from land containing contaminated materials or contaminated soil;

(2)  the residual materials originate from land where one of the following activities has been carried out:

(a)  motor vehicle repair, maintenance or recycling activities;

(b)  treated wood reclamation activities;

(c)  the activities whose sector is listed in Schedule 3 to the Regulation respecting hazardous materials (chapter Q-2, r. 32), except for transportation activities for which the economic activity code is 4591;

(d)  the activities whose category is listed in Schedule III to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37).

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 or, in the case of category 4 granular materials, the organic compounds identified in the characterization of the soil on the land.

O.C. 871-2020, s. 21; O.C. 1461-2022, s. 16.

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 excavated residual materials originate from land on which a characterization has been performed voluntarily or pursuant to Division IV of Chapter IV of Title I of the Act, the analysis of the residual granular materials must focus in particular on the contaminants referred to in sections 20 and 21, where applicable, as well as any contaminants identified in the characterization on the land concerned.

O.C. 871-2020, s. 23; O.C. 1461-2022, s. 17.

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 a maximum level that is 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.

The first paragraph applies to residual crushed stone only where the level of the inorganic parameters listed in Schedule I to this Regulation are higher than the limit values listed for those parameters in Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37).

O.C. 871-2020, s. 24; O.C. 1461-2022, s. 18.

25. The samples collected pursuant to this Regulation must be sent, for the purposes of analysis, to laboratories accredited by the Minister under section 118.6 of the Act.

Where there is no laboratory accredited by the Minister for the analysis of a substance referred to in this Regulation, the samples must be sent to a laboratory accredited according to ISO/IEC 17025, General requirements for the competence of testing and calibration laboratories, which is published jointly by the International Organization for Standardization and the International Electrotechnical Commission, or to a laboratory accredited by the Minister for the analysis of similar substances.

Despite the first paragraph, the analysis of the impurities content must be performed by a person who holds a registration certificate compliant with ISO 9001, Quality management systems — Requirements, and covers carrying out tests or with ISO/CEI 17025, or by a laboratory accredited by the Minister for the analysis of similar substances.

O.C. 871-2020, s. 25; O.C. 1461-2022, s. 19.

25.1. A person who distributes or sells residual granular materials must provide, to any person who acquires those materials in order to reclaim them, an attestation of their category prepared by the producer of the materials concerned containing the following information:

(1)  the name of the person who distributes or sells the materials;

(2)  the contact information of the production site;

(3)  the name of the acquirer and, where applicable, the contact information of the reclamation site;

(4)  the quantity, nature and category number of the residual granular materials concerned by the transaction;

(5)  the date of the transaction;

(6)  a declaration signed by the producer certifying that the producer is legally able to produce residual granular materials pursuant to an exemption or a declaration of compliance provided for in the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) or a ministerial authorization, as the case may be.

O.C. 1461-2022, s. 19.

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 contains 1% or less of asphalt and is covered under subparagraph 1 or 2 of the second paragraph of section 19.
Case 2: The residual granular material contains 1% or less of asphalt and 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
Case 1: The residual granular material contains 1% or less of asphalt and is covered under subparagraph 3 of the second paragraph of section 19.
Case 2: The residual granular material contains 1% or less of asphalt and 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
higher than the level of the second column and lower or equal to 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, where applicable	lower or equal to 1% (w/w) and 0.1% (w/w) for light materials
CATEGORY 3
Case 1: The residual granular material is from road infrastructures covered under subparagraph 4 of the second paragraph of section 19 or contains more than 1% of asphalt and is covered under the second paragraph of section 19.
Case 2: The residual granular material is composed of a mixture of category 1 or 2 residual granular materials and more than 1% of 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	higher than 100 mg/kg but lower or equal to 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, where applicable	lower or equal to 1% (w/w) and 0.1% (w/w) for light materials
CATEGORY 4
The residual granular material is reclaimed on the land where the material was excavated and meets the following conditions:
(1) it has an impurities content lower or equal to 1% (w/w) and 0.1% (w/w) for light materials;
(2) it has a concentration of contaminants lower or equal to the limit values prescribed in Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) or in Schedule II of that Regulation for land with 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 or 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 provided for in Schedule I to the Land Protection and Rehabilitation Regulation 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; O.C. 1461-2022, s. 20.

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
Miscellaneous activities
Grading down or raising up of ground level using crushed stone	X			X
Road abrasives – crushed stone and cuttings and tailings from the dimension stone sector only	X
Construction on residential or agricultural land, an elementary-level or secondary-level educational institution, a childcare centre or a day care centre	X			X
Parking area – asphalt or non-asphalt – on residential land	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	X	X		X
Noise-abatement embankment and visual screen	X	X		X
Construction and rehabilitation of a snow disposal site	X	X		X
Concrete manufacturing	X	X
Hot-mix or cold-mix asphalt	X	X	X	X
Storage area on industrial land	X	X	X	X
Parking area and traffic lanes of industrial or commercial establishments	X	X	X	X
Bedding, surrounding soil and backfilling for pipes on residential land	X
Bedding, surrounding soil and backfilling for pipes (other than waterworks and sewers)	X	X	X	X
Bedding and surrounding soil for pipes (waterworks and sewers) – crushed stone or cuttings and tailings from the dimension stone sector only	X
Backfilling for pipes (waterworks and sewers) less than 1 m from the pipes – crushed stone or cuttings and tailings from the dimension stone sector only	X
Backfilling for pipes 1 m or more from the pipes (waterworks and sewers)	X	X	X
Construction or repair of highways and streets, including those in residential, municipal and agricultural sectors
Filtering layer – crushed stone or cuttings and tailings from the dimension stone sector only	X	X
Mineral filler	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
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; O.C. 1461-2022, s. 21.

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)  (paragraph revoked);

(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;

(5)  to provide the attestation of category containing the information provided for in section 25.1.

O.C. 871-2020, s. 28; O.C. 1461-2022, s. 22.

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 not meeting the requirements prescribed 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)  fails to condition the residual materials in accordance with the maximum particle size provided for in section 18;

(4)  (paragraph revoked);

(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; O.C. 1461-2022, s. 23.

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 9, section 10, the second paragraph of any of sections 11 to 13 or section 25.1 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; O.C. 1461-2022, s. 24.

32. Every person who contravenes any of sections 16 to 18, 20 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; O.C. 1461-2022, s. 25.

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 materials;

(5) light materials;

(6) other residual 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 materials (CM)	Light materials (LM)	Other residual 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 materials” and “light materials” categories and of the other residual 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; O.C. 1461-2022, s. 26.

REFERENCES

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

O.C. 1596-2021, 2022 G.O. 2, 6

O.C. 1461-2022, 2022 G.O. 2, 3261