A-2.001 - Act respecting the acceleration of certain infrastructure projects

Section 39 Disposition versions

2020-12-11

39. If an infrastructure project is carried out on land on which an industrial or commercial activity referred to in the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) has been carried on and for which the characterization study required under section 31.51 or 31.53 of the Environment Quality Act (chapter Q-2) reveals the presence of contaminants in a concentration exceeding the limit values prescribed by that Regulation, the following acceleration measures apply:

(1)  the rehabilitation plan required under section 31.54 of that Act may be sent to the minister responsible for the environment gradually, based on the planned rehabilitation phases; and

(2)  the contaminated land rehabilitation measures referred to in subparagraph 1 of the second paragraph of section 2.4 of the Land Protection and Rehabilitation Regulation are eligible for the declaration of compliance provided for in that section, regardless of the quantity of contaminated soils to be excavated.

For the purposes of subparagraph 1 of the first paragraph, the following information and documents must be sent to the minister for the first rehabilitation phase in order to be admissible for consideration by the minister:

(1)  a detailed rehabilitation plan for that first phase and the implementation schedule;

(2)  an implementation schedule for the subsequent phases; and

(3)  an undertaking to send a detailed rehabilitation plan for the subsequent phases and to comply with the submitted schedule.

For the purposes of subparagraph 2 of the first paragraph, failure to send a complete declaration of compliance results in the public body being deemed to carry on its activity without its rehabilitation plan being approved. The administrative penalties and penal sanctions prescribed in sections 115.25 and 115.31 of the Environment Quality Act apply in such a case.

2020, c. 27, s. 39.