102. Any establishment or enlargement of construction or demolition waste landfills is prohibited. The term “enlargement” includes any alteration that results in an increase in landfill capacity.
That prohibition does not apply to projects to establish or enlarge a dry materials disposal site within the meaning of the Regulation respecting solid waste (chapter Q-2, r. 13), replaced by this Regulation, in respect of which, before 1 December 1995, a notice required under section 31.2 of the Environment Quality Act (chapter Q-2) or an application for a certificate was filed with the Minister and, on 19 January 2006, no decision has been made by the Government or the Minister granting or refusing the authorization or certificate applied for. Those projects may be continued as projects to establish or enlarge a construction or demolition waste landfill and are subject to the provisions of this Division.