Q-2 - Environment Quality Act

Section 31.69 Disposition versions

2017-03-23

31.69. The Government may make regulations to

(1)  prescribe the concentration limit values for the contaminants it determines, in excess of which those contaminants, when present in land, may give rise to implementation of the characterization, rehabilitation or publicity measures provided for in this division. The limit values may vary in particular on the basis of land use;

(2)  determine the categories of the industrial or commercial activities referred to in sections 31.51, 31.52 and 31.53;

(2.1)  determine, for the purposes of section 31.51, the cases in which and conditions under which there is a permanent cessation of an industrial or commercial activity belonging to a category determined under paragraph 2, and to specify the cases where a cessation notice must be sent to the Minister;

(2.2)  prescribe the cases, conditions and time limits applicable to the notice and the characterization study required under section 31.51.1;

(3)  prescribe the cases where, the conditions on which and the time limits within which a person carrying on an industrial or commercial activity in a specified category will be required to monitor groundwater quality at the hydraulic downstream of the land and to transmit the results of the monitoring to the Minister;

(4)  (paragraph repealed);

(5)  regulate, in all or part of the territory of Québec, the treatment, recovery, reclamation and elimination of contaminated soils not subject to the provisions of Division VII of this chapter and of any materials containing such soils. The regulations may, in particular,

(a)  classify contaminated soils and materials containing contaminated soils into categories, in particular according to the origin, nature and concentration of the contaminants, and the facilities that treat, recover, reclaim or eliminate such soils and materials;

(b)  prescribe or prohibit, in respect of one or more categories of contaminated soils or materials containing contaminated soils, any mode of treatment, recovery, reclamation or elimination;

(c)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any facility that treats, recovers, reclaims or eliminates contaminated soils or materials containing contaminated soils;

(d)  authorize the Minister to determine, for the classes of elimination facilities specified in the regulation, the parameters to be measured and the substances to be analysed according to the composition of the contaminated soils or materials containing contaminated soils received for elimination, and prescribe the limit values to be respected for such parameters or substances. The values may be in addition to the values prescribed by regulation;

(e)  prescribe the conditions or prohibitions applicable to facilities that eliminate contaminated soils or materials containing contaminated soils after they are closed, including the conditions or prohibitions relating to maintenance and supervision, prescribe the period of time during which the conditions or prohibitions are to apply, and determine who will be required to ensure that they are complied with; and

(f)  require, as a condition for the operation of any facility that eliminates contaminated soils or materials containing contaminated soils, determined by the regulation, that financial guarantees be set up as provided in section 56 for residual materials elimination facilities, and that section shall then apply with the necessary modifications.

2002, c. 11, s. 2; 2005, c. 10, s. 71; 2002, c. 53, s. 5; 2017, c. 4, s. 43.

The following section is section 31.74.

2008-06-01

31.69. The Government may make regulations to

(1)  prescribe the concentration limit values for the contaminants it determines, in excess of which those contaminants, when present in land, may give rise to implementation of the characterization, rehabilitation or publicity measures provided for in this division. The limit values may vary in particular on the basis of land use;

(2)  determine the categories of the industrial or commercial activities referred to in sections 31.51, 31.52 and 31.53;

(2.1)  determine, for the purposes of section 31.51, the cases in which and conditions under which there is a permanent cessation of an industrial or commercial activity belonging to a category determined under paragraph 2 and relating to the sale or storage of petroleum products, and to specify the cases where a cessation notice must be sent to the Minister;

(2.2)  prescribe the cases, conditions and time limits applicable to the notice and the characterization study required under section 31.51.1;

(3)  prescribe the cases where, the conditions on which and the time limits within which a person carrying on an industrial or commercial activity in a specified category will be required to monitor groundwater quality at the hydraulic downstream of the land and to transmit the results of the monitoring to the Minister;

(4)  (paragraph repealed);

(5)  regulate, in all or part of the territory of Québec, the treatment, recovery, reclamation and elimination of contaminated soils not subject to the provisions of Division VII of this chapter and of any materials containing such soils. The regulations may, in particular,

(a)  classify contaminated soils and materials containing contaminated soils into categories, in particular according to the origin, nature and concentration of the contaminants, and the facilities that treat, recover, reclaim or eliminate such soils and materials;

(b)  prescribe or prohibit, in respect of one or more categories of contaminated soils or materials containing contaminated soils, any mode of treatment, recovery, reclamation or elimination;

(c)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any facility that treats, recovers, reclaims or eliminates contaminated soils or materials containing contaminated soils;

(d)  authorize the Minister to determine, for the classes of elimination facilities specified in the regulation, the parameters to be measured and the substances to be analysed according to the composition of the contaminated soils or materials containing contaminated soils received for elimination, and prescribe the limit values to be respected for such parameters or substances. The values may be in addition to the values prescribed by regulation;

(e)  prescribe the conditions or prohibitions applicable to facilities that eliminate contaminated soils or materials containing contaminated soils after they are closed, including the conditions or prohibitions relating to maintenance and supervision, prescribe the period of time during which the conditions or prohibitions are to apply, and determine who will be required to ensure that they are complied with; and

(f)  require, as a condition for the operation of any facility that eliminates contaminated soils or materials containing contaminated soils, determined by the regulation, that financial guarantees be set up as provided in section 56 for residual materials elimination facilities, and that section shall then apply with the necessary modifications.

2002, c. 11, s. 2; 2005, c. 10, s. 71; 2002, c. 53, s. 5.

The following section is section 31.74.

2007-04-01

31.69. The Government may make regulations to

(1)  prescribe the concentration limit values for the contaminants it determines, in excess of which those contaminants, when present in land, may give rise to implementation of the characterization, rehabilitation or publicity measures provided for in this division. The limit values may vary in particular on the basis of land use ;

(2)  determine the categories of the industrial or commercial activities referred to in sections 31.51, 31.52 and 31.53 ;

(2.1)  determine, for the purposes of section 31.51, the cases in which and conditions under which there is a permanent cessation of an industrial or commercial activity belonging to a category determined under paragraph 2 and relating to the sale or storage of petroleum products, and to specify the cases where a cessation notice must be sent to the Minister;

(2.2)  prescribe the cases, conditions and time limits applicable to the notice and the characterization study required under section 31.51.1;

(3)  prescribe the cases where, the conditions on which and the time limits within which a person carrying on an industrial or commercial activity in a specified category will be required to monitor groundwater quality at the hydraulic downstream of the land and to transmit the results of the monitoring to the Minister ;

(4)  fix the fees payable for the processing of the file of an applicant for an approval under this division or for an amendment to a rehabilitation plan, and the terms and conditions of payment ; and

(5)  regulate, in all or part of the territory of Québec, the treatment, recovery, reclamation and elimination of contaminated soils not subject to the provisions of Division VII of this chapter and of any materials containing such soils. The regulations may, in particular,

(a)  classify contaminated soils and materials containing contaminated soils into categories, in particular according to the origin, nature and concentration of the contaminants, and the facilities that treat, recover, reclaim or eliminate such soils and materials ;

(b)  prescribe or prohibit, in respect of one or more categories of contaminated soils or materials containing contaminated soils, any mode of treatment, recovery, reclamation or elimination ;

(c)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any facility that treats, recovers, reclaims or eliminates contaminated soils or materials containing contaminated soils ;

(d)  authorize the Minister to determine, for the classes of elimination facilities specified in the regulation, the parameters to be measured and the substances to be analysed according to the composition of the contaminated soils or materials containing contaminated soils received for elimination, and prescribe the limit values to be respected for such parameters or substances. The values may be in addition to the values prescribed by regulation ;

(e)  prescribe the conditions or prohibitions applicable to facilities that eliminate contaminated soils or materials containing contaminated soils after they are closed, including the conditions or prohibitions relating to maintenance and supervision, prescribe the period of time during which the conditions or prohibitions are to apply, and determine who will be required to ensure that they are complied with ; and

(f)  require, as a condition for the operation of any facility that eliminates contaminated soils or materials containing contaminated soils, determined by the regulation, that financial guarantees be set up as provided in section 56 for residual materials elimination facilities, and that section shall then apply with the necessary modifications.

2002, c. 11, s. 2; 2005, c. 10, s. 71.

2003-03-01

31.69. The Government may make regulations to

(1)  prescribe the concentration limit values for the contaminants it determines, in excess of which those contaminants, when present in land, may give rise to implementation of the characterization, rehabilitation or publicity measures provided for in this division. The limit values may vary in particular on the basis of land use ;

(2)  determine the categories of the industrial or commercial activities referred to in sections 31.51, 31.52 and 31.53 ;

(3)  prescribe the cases where, the conditions on which and the time limits within which a person carrying on an industrial or commercial activity in a specified category will be required to monitor groundwater quality at the hydraulic downstream of the land and to transmit the results of the monitoring to the Minister ;

(4)  fix the fees payable for the processing of the file of an applicant for an approval under this division or for an amendment to a rehabilitation plan, and the terms and conditions of payment ; and

(5)  regulate, in all or part of the territory of Québec, the treatment, recovery, reclamation and elimination of contaminated soils not subject to the provisions of Division VII of this chapter and of any materials containing such soils. The regulations may, in particular,

(a)  classify contaminated soils and materials containing contaminated soils into categories, in particular according to the origin, nature and concentration of the contaminants, and the facilities that treat, recover, reclaim or eliminate such soils and materials ;

(b)  prescribe or prohibit, in respect of one or more categories of contaminated soils or materials containing contaminated soils, any mode of treatment, recovery, reclamation or elimination ;

(c)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any facility that treats, recovers, reclaims or eliminates contaminated soils or materials containing contaminated soils ;

(d)  authorize the Minister to determine, for the classes of elimination facilities specified in the regulation, the parameters to be measured and the substances to be analysed according to the composition of the contaminated soils or materials containing contaminated soils received for elimination, and prescribe the limit values to be respected for such parameters or substances. The values may be in addition to the values prescribed by regulation ;

(e)  prescribe the conditions or prohibitions applicable to facilities that eliminate contaminated soils or materials containing contaminated soils after they are closed, including the conditions or prohibitions relating to maintenance and supervision, prescribe the period of time during which the conditions or prohibitions are to apply, and determine who will be required to ensure that they are complied with ; and

(f)  require, as a condition for the operation of any facility that eliminates contaminated soils or materials containing contaminated soils, determined by the regulation, that financial guarantees be set up as provided in section 56 for residual materials elimination facilities, and that section shall then apply with the necessary modifications.

2002, c. 11, s. 2.