Q-2, r. 19 - Regulation respecting the landfilling and incineration of residual materials

Section 149.3 Disposition versions

2020-09-17

149.3. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in other cases may be imposed on any person who fails

(1)  to accept, in an engineered landfill, the eligible residual materials generated in the territories referred to in paragraphs 1 to 4 of section 10 or the inedible meat referred to in section 11;

(2)  to comply with the conditions provided for in section 17 relating to the integration of an engineered landfill into the surrounding landscape;

(3)  to maintain a buffer zone complying with the first or second paragraph of section 18 or to comply with the activity restrictions in such a zone in accordance with the third paragraph of that section;

(4)  to meet the conditions provided for in section 19 or 30 relating to the siting of a landfill;

(5)  to provide the zones or components referred to in the first paragraph of section 31 with a groundwater collection system in the cases provided for therein;

(6)  to ensure that a groundwater collection system referred to in the first paragraph of section 31 complies with the conditions provided for in the second or third paragraph of that section or that it be halted only in the case provided for in the fourth paragraph of that section;

(7)  to verify whether the residual materials received in a landfill may be landfilled in accordance with section 37;

(8)  to weigh residual materials received for landfilling in a landfill or to perform radiological testing as soon as the materials are received and in the manner prescribed by the first paragraph of section 38;

(9)  to comply with the conditions for the installation, use or maintenance of the devices referred to in the second paragraph of section 38, as provided for in that paragraph;

(10)  (paragraph revoked);

(11)  to verify the acceptance of soils referred to in section 40.1 by having taken to have them analyzed the samples referred to in the first or second paragraph of that section in accordance with the conditions provided for in that section;

(12)  to comply with the conditions relating to the deposit or covering of the residual materials provided for in the first or second paragraph of section 41;

(13)  to comply with the conditions provided for in the first, second, third or fifth paragraph of section 42 relating to soils or other materials that may be used to cover residual materials;

(14)  to make the periodic verifications prescribed by the fourth paragraph of section 42 according to the frequency and conditions provided for therein;

(14.1)  to comply with the conditions provided for in section 42.1 relating to the materials used for the construction of access roads in residual materials disposal areas;

(15)  to landfill residual materials in the zones prescribed by section 43;

(16)  to comply with the visibility conditions provided for in section 46 regarding residual materials landfilling operations;

(17)  to take the measures prescribed by the first paragraph of section 48 to prevent wind dispersal or scattering of residual materials referred to therein;

(18)  to proceed with the cleaning prescribed by the second paragraph of section 48 in the case and on the conditions provided for therein;

(19)  to take the necessary measures to prevent or eliminate any infestation of pests in accordance with section 49;

(20)  to cover the landfilled residual materials with a final cover in the cases provided for in the first paragraph of section 50 and in accordance with paragraphs second, third, fourth, fifth and sixth of that section;

(21)  to comply with the conditions provided for in the first or second paragraph of section 51 relating to the vegetative layer or the repair of a final cover of an engineered landfill;

(22)  to comply with the conditions provided for in section 56 permitting the infiltration of leachate or water into residual materials disposal areas;

(23)  to measure the groundwater piezometric level in the case provided for in the second paragraph of section 66;

(24)  to continuously measure the flow of biogas during the operating period of a biogas collection system referred to in section 68 or record the results in accordance with the first paragraph of that section;

(25)  to monitor or have monitored every 3 months the concentrations prescribed by subparagraph 1 of the first paragraph of section 68;

(26)  to comply with the conditions provided for in the first or second paragraph of section 69 relating to the samples referred to therein;

(27)  to send for the purpose of analysis, to a laboratory that is accredited by the Minister or meets the standard referred to in the second paragraph of section 70, the samples taken pursuant to this Regulation, in accordance with that section;

(28)  to allow watchdog committee members free access to the landfill and to any equipment or facility at the landfill in accordance with section 79;

(29)  to comply with the conditions provided for in paragraphs 1, 3 or 4 of section 90 relating to a trench landfill;

(30)  to comply with the conditions provided for in the first, second, third or fourth paragraph of section 91 relating to the final cover of a trench landfill;

(31)  to comply with the conditions provided for in the first or second paragraph of section 92 in case of a temporary closure of all or part of a trench landfill for a period of 3 months or more;

(32)  to surround a northern landfill by a fence or any other device complying with subparagraphs 1 to 3 of the first or a fire barrier complying with the second paragraph of section 96;

(33)  to comply with the conditions provided for in the second or third paragraph of section 97 relating to the materials removed or sludge from a northern landfill;

(34)  to provide a northern landfill with a surface water collection system or to discharge the water collected outside the landfill site in accordance with section 98;

(35)  to burn the combustible residual materials referred to in the first paragraph of section 99 at the frequency and on the conditions provided for therein;

(36)  to comply with the concentrations of contaminants prescribed by the third paragraph of section 99 or the second paragraph of section 100 relating to the soil used as final cover of the residual materials;

(37)  to comply with the conditions provided for in the first paragraph of section 100 in the case of closure or non-use of a northern landfill for a period of 6 months or more;

(38)  to comply with the conditions provided for in subparagraph 1 of the second paragraph of section 105 relating to a construction or demolition waste landfill;

(39)  to comply with the concentrations of contaminants prescribed by the third paragraph of section 105 or 106 relating to the soil used as final cover for the construction or demolition waste;

(40)  to make the periodic verifications prescribed by the fourth paragraph of section 105 at the frequency and on the conditions provided for therein;

(41)  to comply with the conditions provided for in the first, third, fourth or fifth paragraph of section 106 relating to the final cover of a construction or demolition waste landfill;

(42)  to comply with the prohibition to raise the ground surface provided for in the second paragraph of section 106;

(43)  to comply with the conditions provided for in the first paragraph of section 117 relating to the cover of residual materials deposited in a remote landfill;

(44)  to comply with the landfilling conditions provided for in section 118 relating to the sludge referred to therein;

(45)  to comply, as the case may be, with the conditions provided for in the first or second paragraph of section 120 in the case of closure or non-use of a remote landfill;

(46)  to provide an incineration facility referred to in the first paragraph of section 124 with a handling area or pit complying with the first or second paragraph of that section or clean the handling area in accordance with the third paragraph of that section;

(47)  to comply with the conditions provided for in the fourth paragraph of section 124 relating to storage or parking outside an incineration facility;

(48)  (paragraph revoked);

(49)  (paragraph revoked);

(50)  (paragraph revoked);

(51)  (paragraph revoked);

(52)  to comply with the conditions provided for in the first paragraph of section 138 relating to the loading and unloading of residual materials at a transfer station, the stockpiling or parking outside such a station;

(53)  to comply with the conditions provided for in the second paragraph of section 138 where residual materials transfer activities cease for a period of more than 12 hours;

(54)  to comply with the maximum volumes of residual materials that may be stored in a transfer station in the cases and on the conditions provided for in section 139.3;

(55)  to obtain a guarantee the amount of which is established by section 140 in the cases and on the conditions provided for therein;

(56)  to send renewal of the guarantee or another guarantee to the Minister in the cases referred to in section 143 according to the time limits and conditions provided for in that section;

(57)  to comply with the conditions provided for in the second paragraph of section 159 relating to the height of the residual materials layers;

(58)  to comply with the conditions provided for in the first and second paragraphs of section 164.1 relating to residual materials in a site referred to in that section.

O.C. 666-2013, s. 3; O.C. 868-2020, s. 51.

2013-07-18

149.3. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in other cases may be imposed on any person who fails

(1)  to accept, in an engineered landfill, the eligible residual materials generated in the territories referred to in paragraphs 1 to 4 of section 10 or the inedible meat referred to in section 11;

(2)  to comply with the conditions provided for in section 17 relating to the integration of an engineered landfill into the surrounding landscape;

(3)  to maintain a buffer zone complying with the first or second paragraph of section 18 or to comply with the activity restrictions in such a zone in accordance with the third paragraph of that section;

(4)  to meet the conditions provided for in section 19 or 30 relating to the siting of a landfill;

(5)  to provide the zones or components referred to in the first paragraph of section 31 with a groundwater collection system in the cases provided for therein;

(6)  to ensure that a groundwater collection system referred to in the first paragraph of section 31 complies with the conditions provided for in the second or third paragraph of that section or that it be halted only in the case provided for in the fourth paragraph of that section;

(7)  to verify whether the residual materials received in a landfill may be landfilled in accordance with section 37;

(8)  to weigh residual materials received for landfilling in a landfill or to perform radiological testing as soon as the materials are received and in the manner prescribed by the first paragraph of section 38;

(9)  to comply with the conditions for the installation, use or maintenance of the devices referred to in the second paragraph of section 38, as provided for in that paragraph;

(10)  to obtain the results of the analyses or measures provided for in the second paragraph of section 40 before receiving the soils referred to therein;

(11)  to verify the acceptance of soils referred to in section 40.1 by having taken to have them analyzed the samples referred to in the first or second paragraph of that section in accordance with the conditions provided for therein;

(12)  to comply with the conditions relating to the deposit or covering of the residual materials provided for in the first or second paragraph of section 41;

(13)  to comply with the conditions provided for in the first, second, third or fifth paragraph of section 42 relating to soils or other materials that may be used to cover residual materials;

(14)  to make the periodic verifications prescribed by the fourth paragraph of section 42 according to the frequency and conditions provided for therein;

(15)  to landfill residual materials in the zones prescribed by section 43;

(16)  to comply with the visibility conditions provided for in section 46 regarding residual materials landfilling operations;

(17)  to take the measures prescribed by the first paragraph of section 48 to prevent wind dispersal or scattering of residual materials referred to therein;

(18)  to proceed with the cleaning prescribed by the second paragraph of section 48 in the case and on the conditions provided for therein;

(19)  to take the necessary measures to prevent or eliminate any infestation of pests in accordance with section 49;

(20)  to cover the landfilled residual materials with a final cover in the cases provided for in the first paragraph of section 50 and in accordance with paragraphs second, third, fourth, fifth and sixth of that section;

(21)  to comply with the conditions provided for in the first or second paragraph of section 51 relating to the vegetative layer or the repair of a final cover of an engineered landfill;

(22)  to comply with the conditions provided for in section 56 permitting the infiltration of leachate or water into residual materials disposal areas;

(23)  to measure the groundwater piezometric level in the case provided for in the second paragraph of section 66;

(24)  to continuously measure the flow of biogas during the operating period of a biogas collection system referred to in section 68 or record the results in accordance with the first paragraph of that section;

(25)  to monitor or have monitored every 3 months the concentrations prescribed by subparagraph 1 of the first paragraph of section 68;

(26)  to comply with the conditions provided for in the first or second paragraph of section 69 relating to the samples referred to therein;

(27)  to send for analysis to a laboratory accredited by the Minister the samples taken pursuant to this Regulation in accordance with the first paragraph of section 70;

(28)  to allow watchdog committee members free access to the landfill and to any equipment or facility at the landfill in accordance with section 79;

(29)  to comply with the conditions provided for in paragraphs 1, 3 or 4 of section 90 relating to a trench landfill;

(30)  to comply with the conditions provided for in the first, second, third or fourth paragraph of section 91 relating to the final cover of a trench landfill;

(31)  to comply with the conditions provided for in the first or second paragraph of section 92 in case of a temporary closure of all or part of a trench landfill for a period of 3 months or more;

(32)  to surround a northern landfill by a fence or any other device complying with subparagraphs 1 to 3 of the first or a fire barrier complying with the second paragraph of section 96;

(33)  to comply with the conditions provided for in the second or third paragraph of section 97 relating to the materials removed or sludge from a northern landfill;

(34)  to provide a northern landfill with a surface water collection system or to discharge the water collected outside the landfill site in accordance with section 98;

(35)  to burn the combustible residual materials referred to in the first paragraph of section 99 at the frequency and on the conditions provided for therein;

(36)  to comply with the concentrations of contaminants prescribed by the third paragraph of section 99 or the second paragraph of section 100 relating to the soil used as final cover of the residual materials;

(37)  to comply with the conditions provided for in the first paragraph of section 100 in the case of closure or non-use of a northern landfill for a period of 6 months or more;

(38)  to comply with the conditions provided for in subparagraph 1 of the second paragraph of section 105 relating to a construction or demolition waste landfill;

(39)  to comply with the concentrations of contaminants prescribed by the third paragraph of section 105 or 106 relating to the soil used as final cover for the construction or demolition waste;

(40)  to make the periodic verifications prescribed by the fourth paragraph of section 105 at the frequency and on the conditions provided for therein;

(41)  to comply with the conditions provided for in the first, third, fourth or fifth paragraph of section 106 relating to the final cover of a construction or demolition waste landfill;

(42)  to comply with the prohibition to raise the ground surface provided for in the second paragraph of section 106;

(43)  to comply with the conditions provided for in the first paragraph of section 117 relating to the cover of residual materials deposited in a remote landfill;

(44)  to comply with the landfilling conditions provided for in section 118 relating to the sludge referred to therein;

(45)  to comply, as the case may be, with the conditions provided for in the first or second paragraph of section 120 in the case of closure or non-use of a remote landfill;

(46)  to provide an incineration facility referred to in the first paragraph of section 124 with a handling area or pit complying with the first or second paragraph of that section or clean the handling area in accordance with the third paragraph of that section;

(47)  to comply with the conditions provided for in the fourth paragraph of section 124 relating to storage or parking outside an incineration facility;

(48)  to provide an incineration facility referred to in the first paragraph of section 126 with at least 2 combustion chambers operating in compliance with the second or third paragraph of that section;

(49)  to equip an incineration facility referred to in the first paragraph of section 126 with auxiliary burners complying with the fourth paragraph of that section;

(50)  to equip an incineration facility referred to in the first, second or third paragraph of section 127 with the systems complying with that section;

(51)  to send, for analysis, to a laboratory accredited by the Minister the gas samples referred to in section 134 in accordance with the second paragraph of that section;

(52)  to comply with the conditions provided for in the first paragraph of section 138 relating to the loading and unloading of residual materials at a transfer station, the stockpiling or parking outside such a station;

(53)  to comply with the conditions provided for in the second paragraph of section 138 where residual materials transfer activities cease for a period of more than 12 hours;

(54)  to comply with the maximum volumes of residual materials that may be stored in a transfer station in the cases and on the conditions provided for in section 139.3;

(55)  to obtain a guarantee the amount of which is established by section 140 in the cases and on the conditions provided for therein;

(56)  to send renewal of the guarantee or another guarantee to the Minister in the cases referred to in section 143 according to the time limits and conditions provided for in that section;

(57)  to comply with the conditions provided for in the second paragraph of section 159 relating to the height of the residual materials layers.

O.C. 666-2013, s. 3.