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

Section 19 Disposition versions

2023-02-13

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.

2020-12-31

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.

Not in force

In force: 2020-12-31

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.