164. Residual materials disposal sites not governed by the Regulation respecting solid waste (chapter Q-2, r. 13) that were permanently closed before 19 January 2006 are exempt from the application of this Regulation as long as they remain closed.
If the disposal sites referred to in the first paragraph are in operation on 19 January 2006, they are also exempt from the application of the Regulation but only for the 3-year period following that date, except for any enlargement of the landfills or increase in incinerator capacity, which is governed by the third paragraph; enlargement includes any alteration that results in an increase in landfill capacity.
On the expiry of the 3-year period, those disposal sites are, except with respect to the siting standards, governed in the case of landfills by Chapter II as regards acceptance of residual materials and the conditions for the development, operation, closure and post-closure management of the disposal areas or trenches in which residual materials will be landfilled after the expiry of the 3-year period, and in the case of incinerators that receive residual materials referred to in section 121, by Chapter III.
In addition, section 158 applies, with the necessary modifications, to the operator of a landfill referred to in this section.