Q-2, r. 4.1 - Clean Air Regulation

Section 202.7 Disposition versions

2023-07-06

202.7. A monetary administrative penalty of $2,000 in the case of a natural person or $10,000 in other cases may be imposed on any person who

(1)  fails to comply with the prescribed limits or concentrations that apply to emissions

(a)  of particles, in accordance with section 9, 10 or 64, the first, second or fourth paragraph of section 75, paragraph 1 of section 77, subparagraph 2 of the first paragraph of section 78, section 80, the first paragraph of section 88, 92 or 125, any of sections 133 to 135, section 144 or 145, any of sections 148 to 150, the first paragraph of section 153, section 154, the first paragraph of section 155 or 164, paragraph 1 of section 168, or section 176, 180, 181 or 185;

(b)  of volatile organic compounds in accordance with section 26 or 27, in any of sections 30 to 32, section 34, 35, 37 or 38 or in any of sections 40 to 42;

(c)  of sulphur dioxide in accordance with the second paragraph of section 58, or section 184 or 189 or paragraph 1 of section 190;

(d)  of nitrogen oxides in accordance with any of sections 65 to 68, or section 76 or 89;

(e)  of carbon monoxide or, where applicable, combustion gases that contain carbon monoxide in accordance with section 69, subparagraph 1 of the first paragraph of section 78, section 103, the second paragraph of section 148 or paragraph 2 of section 168;

(f)  of chromium, copper or arsenic in accordance with paragraph 2 of section 77;

(g)  of a contaminant referred to in the second paragraph of section 91 or section 173;

(h)  of combustion gases in accordance with section 70, the second paragraph of section 78 or section 104;

(i)  of mercury in accordance with section 105 or 186;

(j)  of total fluorides in accordance with any of sections 132 to 135, or section 137 or 138;

(k)  of PAHs in accordance with section 133, 134 or 138;

(l)  of formaldehyde in accordance with the fifth paragraph of section 75 or the second paragraph of section 153;

(m)  of asbestos fibres in accordance with section 158;

(n)  of lead in accordance with the second paragraph of section 164;

(2)  emits particles that are visible at more than 2 m from the emission point, in contravention of section 12 or 14;

(3)  fails to comply with the opacity standards of grey or black emissions from a source of contamination prescribed by section 16;

(4)  uses solvents or substances referred to in section 19 in contravention of section 19;

(5)  fails to comply with the limits that apply to emissions from a stationary internal combustion engine prescribed by section 52 in the cases referred to in that section;

(6)  fails to use fuel burning equipment or an industrial furnace having a destruction and removal efficiency complying with section 81 where it uses fuels referred to in that section;

(7)  fails to comply with the emission limit values or other standards prescribed by any of subparagraphs 2, 4 or 5 of the first paragraph of section 90, subparagraphs 2 to 6 of the second paragraph of section 92 or paragraph 1 of section 94;

(8)  fails to use an incinerator having a destruction and removal efficiency that complies with the requirements of section 107 in respect of the substances provided for in that section;

(9)  fails to handle, to transport or to transfer asbestos tailings or lead substances so that no emission is visible more than 2 m from the emission point in accordance with section 160 or 166;

(10)  fails to comply with the standards related to a sulphuric acid plant in accordance with section 187 or paragraph 2 of section 190;

(11)  fails to comply with the maximum period of sulphur emission provided for in section 188 in the cases and on the conditions provided for in that section;

(12)  fails to take the necessary measures where the limits are exceeded in accordance with section 193.

O.C. 657-2013, s. 5; O.C. 987-2023, s. 12.

2013-07-18

202.7. A monetary administrative penalty of $2,000 in the case of a natural person or $10,000 in other cases may be imposed on any person who

(1)  fails to comply with the prescribed limits or concentrations that apply to emissions

(a)  of particles, in accordance with section 9, 10 or 64, the first, second, fourth or fifth paragraph of section 75, paragraph 1 of section 77, subparagraph 2 of the first paragraph of section 78, the first paragraph of section 80 or 88, 92 or 125, any of sections 133 to 135, section 144 or 145, any of sections 148 to 150, the first paragraph of section 153, section 154, the first paragraph of section 155 or 164, paragraph 1 of section 168, or section 176, 180, 181 or 185;

(b)  of volatile organic compounds in accordance with section 26 or 27, in any of sections 30 to 32, section 34, 35, 37 or 38 or in any of sections 40 to 42;

(c)  of sulphur dioxide in accordance with the second paragraph of section 58, or section 184, 189 or 190;

(d)  of nitrogen oxides in accordance with any of sections 65 to 68, or section 76 or 89;

(e)  of carbon monoxide or, where applicable, combustion gases that contain carbon monoxide in accordance with section 69, subparagraph 1 of the first paragraph of section 78, section 103 or paragraph 2 of section 168;

(f)  of chromium, copper or arsenic in accordance with paragraph 2 of section 77;

(g)  of a contaminant referred to in the second paragraph of section 91 or section 173;

(h)  of combustion gases in accordance with section 70, the second paragraph of section 78 or section 104;

(i)  of mercury in accordance with section 105 or 186;

(j)  of total fluorides in accordance with any of sections 132 to 135, or section 137 or 138;

(k)  of PAHs in accordance with section 133, 134 or 138;

(l)  of formaldehyde in accordance with the second paragraph of section 153;

(m)  of asbestos fibres in accordance with section 158;

(n)  of lead in accordance with the second paragraph of section 164;

(2)  fails to handle the particles referred to in section 12 or 14 so no emission is visible more than 2 m from the emission point in accordance with those sections;

(3)  fails to ensure that the opacity of grey or black emissions from a source of contamination does not exceed the limits prescribed by section 16;

(4)  uses solvents or substances referred to in section 19 in contravention of section 19;

(5)  fails to comply with the limits that apply to emissions from a stationary internal combustion engine prescribed by section 52 in the cases referred to in that section;

(6)  uses, as fuel of wood or wood waste, one of the contaminants referred to in section 81 where the conditions relating to the fuel burning equipment or industrial furnace provided for in that section are not complied with;

(7)  fails to comply with the emission limits or standards prescribed by any of subparagraphs 2, 4 or 5 of the first paragraph of section 90, subparagraphs 2 to 6 of the second paragraph of section 92 or paragraph 1 of section 94;

(8)  fails to ensure that an incinerator has a destruction and removal efficiency that complies with the requirements of section 107 in respect of the substances provided for in that section;

(9)  fails to handle, to transport or to transfer asbestos tailings or lead substances so that no emission is visible more than 2 m from the emission point in accordance with section 160 or 166;

(10)  fails to comply with the standards related to a sulphuric acid plant in accordance with section 187;

(11)  fails to comply with the maximum period of sulphur emission provided for in section 188 in the cases and on the conditions provided for in that section;

(12)  fails to take the necessary measures where the limits are exceeded in accordance with section 193.

O.C. 657-2013, s. 5.