Q-2, r. 4.1 - Clean Air Regulation

Section 202.3 Disposition versions

2023-07-06

202.3. 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

(0.1)  to inform the persons concerned of a horticultural peat harvesting period and the procedure put in place to collect and process complaints in case of nuisance, in accordance with the third paragraph of section 12.1;

(1)  to contain within an enclosed space the particle emissions referred to in section 13 in accordance with that section;

(2)  to carry out a calculation or to perform testing, an analysis or a measurement provided for in section 22 in the cases and according to the frequency and conditions provided for in that section;

(3)  to ensure compliance with the conditions relating to the vats or mills established by section 23 or 24 in the cases provided for therein;

(4)  to equip an establishment referred to in section 28 with a collection system of particles or a gas exhaust stack that complies with the requirements of that section;

(5)  to comply with the conditions provided for in section 44 or 45 relating to an above-ground tank;

(6)  to perform testing or to carry out a calculation or measurement prescribed by section 53, 74, 86, 87, 129, 147, 152, 156, 171 or 174, the second paragraph of section 175 or section 178 or 183 in accordance with those sections;

(7)  to comply with the standards prescribed by section 61 as to the updraft vertical exhaust velocity of combustion gas discharge into the atmosphere from equipment referred to in that section;

(8)  to equip fuel burning equipment, a turbine, an industrial furnace, a scrubber, a crematorium, an animal incinerator, a cement plant, a petroleum refinery or a furnace referred to in section 72, 73, 83, 84, 128, 146, 170, 177 or 182 with a measuring and recording system that complies with the requirements of those sections, in the cases and on the conditions provided for therein;

(9)  to use a kiln referred to in the first paragraph of section 155 the emissions of which are routed and emitted to one or more stacks in accordance with the second paragraph of that section;

(10)  to have any analysis required for the purposes of this Regulation carried out by a laboratory accredited by the Minister in accordance with the first paragraph of section 201 or, if there is no such laboratory, by a laboratory that meets the standard provided for in the second paragraph of that section.

The penalty provided for in the first paragraph may also be imposed on any person who

(1)  uses or permits the use, in contravention of section 33 or 39, of a paint gun having a transfer efficiency lower than that of an HVLP paint gun in the cases and on the conditions provided for therein;

(2)  installs a burner that has a nitrogen oxide emission rate that does not comply with the requirements of section 60 in the cases and on the conditions provided for therein.

O.C. 657-2013, s. 5; O.C. 987-2023, s. 9.

2013-07-18

202.3. 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 contain within an enclosed space the particle emissions referred to in section 13 in accordance with that section;

(2)  to carry out a calculation or to perform testing, an analysis or a measurement provided for in section 22 in the cases and according to the frequency and conditions provided for in that section;

(3)  to ensure compliance with the conditions relating to the vats or mills established by section 23 or 24 in the cases provided for therein;

(4)  to equip an establishment referred to in section 28 with a collection system of particles or a gas exhaust stack that complies with the requirements of that section;

(5)  to comply with the conditions provided for in section 44 or 45 relating to an above-ground tank;

(6)  to perform testing or to carry out a calculation or measurement prescribed by section 53, 74, 86, 87, 129, 147, 152, 156, 171 or 174, the second paragraph of section 175 or section 178 or 183 in accordance with those sections;

(7)  to comply with the standards prescribed by section 61 as to the updraft vertical exhaust velocity of combustion gas discharge into the atmosphere from equipment referred to in that section;

(8)  to equip fuel burning equipment, a turbine, an industrial furnace, a scrubber, a crematorium, an animal incinerator, a cement plant, a petroleum refinery or a furnace referred to in section 72, 73, 83, 84, 128, 146, 170, 177 or 182 with a measuring and recording system that complies with the requirements of those sections, in the cases and on the conditions provided for therein;

(9)  to ensure that emissions from a kiln or facility referred to in the first paragraph of section 155 are routed and emitted to one or more stacks in accordance with the second paragraph of that section;

(10)  to have any analysis required for the purposes of this Regulation carried out by a laboratory accredited by the Minister in accordance with section 201.

The penalty provided for in the first paragraph may also be imposed on any person who

(1)  uses or permits the use, in contravention of section 33 or 39, of a paint gun having a transfer efficiency lower than that of an HVLP paint gun in the cases and on the conditions provided for therein;

(2)  installs a burner that has a nitrogen oxide emission rate that does not comply with the requirements of section 60 in the cases and on the conditions provided for therein.

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