Q-2, r. 18 - Regulation respecting the burial of contaminated soils

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter Q-2, r. 18

Regulation respecting the burial of contaminated soils

Environment Quality Act

(chapter Q-2, ss. 31, 31.52, 70, 86, 115.27, 115.34 and 124.1).

CHAPTER I SCOPE

1. This Regulation determines the conditions or prohibitions applicable to the layout, extension and operation of sites used in whole or in part for the burial of contaminated soils as well as the conditions applicable to their closure and their post-closure follow-up.

Despite the foregoing, it does not apply to landfills governed by Chapter II of the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19).

For the purposes of this Regulation:

(1)  sediments extracted from a watercourse or body of water constitute soils;

(2)  the extension of a contaminated soil burial site includes any alteration that results in an increase in capacity.

O.C. 843-2001, s. 1; O.C. 1553-2001, s. 1; O.C. 451-2005, s. 176.

2. A site that, in connection with rehabilitation work authorized under the Environment Quality Act (chapter Q-2), is used exclusively for the burial of contaminated soils extracted from the land on which it is located and soils containing 1 or many substances from such land, is exempt from the application of sections 10, 15, 16, 19, 21, 23, 40, 42, 48 to 55 and 64 to 66.

O.C. 843-2001, s. 2; O.C. 1553-2001, s. 1.

CHAPTER II CONTAMINATED SOIL BURIAL SITES

DIVISION I GENERAL

3. Storage of contaminated soils with a view to their final disposal is allowed only on the land of origin, in connection with rehabilitation work, or in a burial site authorized under the Act.

O.C. 843-2001, s. 3.

4. The following may not be disposed of in contaminated soil burial sites:

(1)  soils that contain 1 or more substances with concentrations equal to or greater than the limit values in Schedule I except

(a)  if they are disposed of in a site referred to in section 2;

(b)  the soils from which at least 90% of the substances initially present in the soils were removed by means of a treatment authorized under the Act and, in the case of removed metals and metalloids, only if they were stabilized, fixed and solidified by an authorized treatment;

(c)  where a detailed report proves that a substance present in the soils may not be removed in a proportion of 90% following an authorized optimal treatment and there is no available technique for that purpose;

(2)  soils having more than 50 mg of PCB per kg of soil;

(3)  soils that, after segregation, contain more than 25% of residual materials;

(4)  soils containing explosive or radioactive materials within the meaning of section 3 of the Regulation respecting hazardous materials (chapter Q-2, r. 32) or materials incompatible, physically or chemically, with the materials making up the burial site; and

(5)  contaminated soils containing a free liquid, according to a standard test carried out by a laboratory accredited by the Minister under section 118.6 of the Act.

O.C. 843-2001, s. 4; O.C. 1553-2001, s. 2.

DIVISION II LAYOUT

§ 1 . — General layout conditions

5. A contaminated soil burial site may not be located less than 1 km upstream of any surface water intake used to supply a municipal waterworks or a waterworks system operated by the holder of a permit issued under section 32.1 of the Act.

The distance prescribed by the first paragraph shall be measured from the inside limit of the buffer zone that must surround every contaminated soil burial site in accordance with section 10.

O.C. 843-2001, s. 5.

6. It is prohibited to lay out a contaminated soil burial site in the flood zone of a watercourse or body of water, where such zone is located within the 100-year flood plain.

“100-year flood plain” means the line that corresponds to the limit line of a flood likely to occur once every 100 years.

O.C. 843-2001, s. 6.

7. It is prohibited to lay out a contaminated soil burial site where ground movement is likely to occur.

O.C. 843-2001, s. 7.

8. Laying out a contaminated soil burial site on land within the supply area of a groundwater collection system intended for the supply of a municipal waterworks or a waterworks system operated by the holder of a permit issued under section 32.1 of the Act or used for the production of spring water or mineral water within the meaning of the Regulation respecting bottled water (chapter P-29, r. 2) is also prohibited.

It is also prohibited to lay out a contaminated soil burial site on land underneath which there is free groundwater having a high aquifer potential. A high aquifer potential exists where pumping tests show that at least 25 m3 of water per hour may be drawn, on a permanent basis, from the same interceptor well.

O.C. 843-2001, s. 8.

9. The maximum height of the final cover of the contaminated soil burial site shall be limited by a maximum slope of 30% and the obligation to maintain the periphery of the burial site at the same level as that of the surrounding soil. In addition, the contaminated soil burial site must integrate into the surrounding landscape.

O.C. 843-2001, s. 9.

10. A contaminated soil burial site shall include, on its periphery, a buffer zone at least 50 m wide intended to safeguard the isolation of the site, to mitigate the nuisances thereof and to allow the carrying out of corrective work. There shall be no watercourse or body of water in that zone.

O.C. 843-2001, s. 10.

§ 2 . — Tightness

11. In order to prevent soil and groundwater from being contaminated, contaminated soil burial sites may only be laid out on lands where the unconsolidated deposits on which the contaminated soils will be deposited are composed on their beds and walls of a natural homogenous layer having on a permanent basis a hydraulic conductivity equal to or less than 1 x 10-6 cm/s to a minimum depth of 3 m.

The zone on which the contaminated soils will be deposited shall be equipped, on their beds and walls, with an impermeabilization system with a double liner made up as follows:

(1)  a bottom protection level made up of an impermeable synthetic membrane of a high-density polyethylene type or having equivalent characteristics at least 1.5 mm thick, installed on the layer of unconsolidated deposits;

(2)  a top protection level made up of an impermeable synthetic membrane of a high-density polyethylene type or having equivalent characteristics at least 1.5 mm thick.

The natural layer and the above-mentioned impermeable membranes must be laid out so as to have a slope of at least 2% to allow the flow, by gravity, of leachates towards the drains.

O.C. 843-2001, s. 11.

§ 3 . — Collection and treatment of leachates

12. Contaminated soil burial sites must be equipped with a system that collects all the leachates and conveys them towards a treatment unit or a leakproof reservoir sheltered from water from precipitation, and that enables the quality of the leachates to be determined before discharge.

“Leachate” means any liquid or filtrate that has percolated through the contaminated soils.

For the purposes of the first paragraph, a leachate collection system must be installed on the sideslopes and bed of the burial site over the impermeable membrane. The system must be designed so that the maximum height of the liquid likely to accumulate on the bed of the burial site may not be greater than 30 cm.

Another system to collect and discharge leachates, intended to detect leakage, must be laid out between the 2 impermeable membranes. The layout of the collection system must allow for monitoring separate from the other collection systems.

O.C. 843-2001, s. 12.

§ 4 . — Collection of gas

13. Contaminated soil burial sites must be equipped with a system enabling all gas present in the soils to be collected and sampled.

O.C. 843-2001, s. 13.

§ 5 . — Collection of surface water

14. Contaminated soil burial sites must be equipped with a surface water collection system that prevents the water from being in contact with the soils deposited there or from penetrating into the zone where the soils are deposited.

O.C. 843-2001, s. 14.

DIVISION III OPERATION

§ 1 . — General operating conditions

15. The operator of a contaminated soil burial site is required to check if the soils that enter the site may be received. For that purpose, the operator must, for every load of soils, ask and record in an annual operation register

(1)  the name and address of the owner of the soils and the name of the carrier;

(2)  the nature of substances present in the soils and their concentration value;

(3)  the origin of the soils;

(4)  the quantity of soils, expressed in weight (metric ton); and

(5)  the date on which they were received.

The operator must, before receiving contaminated soils, confirm the nature and the concentration values of substances present in the soils, among those in Schedule I, by means of an analysis report including a number of representative samples enabling receivabililty to be verified. The report shall be certified by a laboratory accredited by the Minister under section 118.6 of the Act and be attached to the operation register.

In addition, the operator must, when receiving soils, have a certain number of samples analyzed to validate the aforementioned reports. The data will be attached to the register. To that end, a sampling and analysis program including the collection method and the number of samples required per volume unit shall accompany the application for a certificate of authorization.

The operation registers and their schedules shall be kept on the site during its operation; after the site is closed, they shall be kept by the operator for a minimum of 5 years following the date the site is closed.

O.C. 843-2001, s. 15.

16. Contaminated soils must be spread and compacted. The removed, stabilized, fixed and solidified metals and metalloids referred to in subparagraph b of paragraph 1 of section 4 must be set apart in the burial zone.

O.C. 843-2001, s. 16.

17. Contaminated soils must be deposited so as to prevent water from precipitation in contact with the soils from contaminating uncontaminated water. The available areas must be filled successively and enable the final cover prescribed in section 38 to be carried out.

O.C. 843-2001, s. 17.

18. Leachate collection and treatment systems, systems for the collection of surface water, systems for the collection of gas and the groundwater monitoring facilities referred to in section 33 must at all times be kept in working order; for that purpose, they shall be subject to tests and maintenance or cleaning work depending on the frequency agreed upon when the certificate of authorization is issued. The components of the leachate treatment system must be leakproof.

O.C. 843-2001, s. 18.

19. Every contaminated soil burial site must be equipped with the following at the entrance:

(1)  a conspicuous sign that indicates that the site is a contaminated soil burial site, the name and address of the operator and the hours of operation; and

(2)  a gate or any other device that prevents access to the site outside the hours of operation or in the absence of an authorized person.

O.C. 843-2001, s. 19.

20. The operator of a contaminated soil burial site must take the necessary measures to prevent the dispersal of dust on the site and the surrounding area.

O.C. 843-2001, s. 20.

21. The operator of a contaminated soil burial site shall prepare, for each year of operation, a report containing

(1)  a compilation of data collected pursuant to subparagraphs 2, 3 and 4 of the first paragraph of section 15 relating to the nature of contamination, place of origin of the soils and quantity of contaminated soils buried;

(2)  a plan and data stating the progression, on the site, of the contaminated soil burial operations, the filled zones, those in operation and the deposit capacity still available; and

(3)  a summary of the data collected following sampling, analysis and measure programs and a summary of work carried out pursuant to sections 28, 30 to 33, 35 and 36, where applicable.

The report must be provided to the Minister in January of each year.

O.C. 843-2001, s. 21.

§ 2 . — Leachates

22. Leachates and surface water collected by any collection system with which a contaminated soil burial site is equipped may be discharged into the environment only if they comply with the values established when the certificate of authorization is issued.

Every discharge into the hydrographic surface network or a storm sewer network must be carried out without creating a batch shock load on the receiving body of water.

O.C. 843-2001, s. 22.

23. In order to restrict access thereto, leachate treatment facilities must be located inside a building or be surrounded by a fence.

O.C. 843-2001, s. 23.

24. Any dilution of leachates is prohibited with the exception of that caused by direct atmospheric precipitation.

O.C. 843-2001, s. 24.

§ 3 . — Groundwater

25. The quality of the groundwater on the land must be determined before the implementation of the contaminated soil burial site for the substances referred to in section 29. The values thus obtained will be used as an intervention threshold for the purposes of section 36.

O.C. 843-2001, s. 25.

26. A monitoring network must be laid out on the perimeter of the burial areas and at the limits of the land to monitor the quality of groundwater upstream and downstream of the facilities of the contaminated soil burial site. The location of the wells on the land and their depth must take into account the hydrogeological conditions.

O.C. 843-2001, s. 26.

§ 4 . — Gas

27. Gas collected by the collection system with which a contaminated soil burial site is equipped may be discharged into the environment only if it complies with the values established at the time the certificate of authorization is issued.

O.C. 843-2001, s. 27.

§ 5 . — Monitoring and supervision measures

28. The concentration and flow of gas must be measured at the outlet of the gas collection system of a contaminated soil burial site. Gas that may be present in soils shall be identified at the time the certificate of authorization is issued and the frequency at which it is measured shall also be indicated.

O.C. 843-2001, s. 28.

29. The parameters to be measured and substances to be analysed in groundwater, leachates and surface water pursuant to sections 25 and 30 are those identified in Schedule II except for the establishments and extensions on the land of a site used exclusively for the final deposit of contaminated soils extracted from that land in connection with rehabilitation work authorized under the Act, in which case the parameters to be measured and the substances to be analysed are those established at the outset on the basis of the contaminants likely to be present in the soils.

O.C. 843-2001, s. 29.

30. At least once a year, in the spring or fall, the operator of a contaminated soil burial site must take a grab sample of the leachates present in the collection system installed on the bed of the burial site and in the collection system laid out between the 2 impermeable membranes. The samples must be analysed for the parameters and substances referred to in section 29.

The quantity of leachates present in the collection system between the 2 impermeable membranes shall be measured twice a year, in the spring and fall.

O.C. 843-2001, s. 30.

31. The operator of a contaminated soil burial site must take a sample of water at the outlet of the treatment system or reservoir referred to in section 12, before each discharge into the environment and have it analysed for the parameters and substances identified in the leachates analysed as provided in section 30.

O.C. 843-2001, s. 31.

32. At least twice a year, in the spring and fall, the operator of a contaminated soil burial site must take grab samples of the surface water collection system. The samples must be analysed for the parameters and substances identified in the leachates analysed as provided in section 30.

O.C. 843-2001, s. 32.

33. At least 3 times a year, in the spring, summer and fall, the operator of a contaminated soil burial site must take a groundwater sample in each of the monitoring wells located on the perimeter of the facilities to quantify each of the substances detected in the leachates collected in the preceding sampling programs. If contaminants are detected, the operator must take a groundwater sample in each of the monitoring wells located at the limits of the land and have them analysed for the same contaminants.

During sampling, the piezometric level of the groundwater shall also be measured.

O.C. 843-2001, s. 33.

34. Leachate, surface water and groundwater samples taken pursuant to sections 25 and 30 to 33 must be analysed by a laboratory accredited by the Minister under section 118.6 of the Act. The operator must keep the analysis report produced by the laboratory for at least 5 years after the closure of the site.

O.C. 843-2001, s. 34.

35. At least once a year, the operator of a contaminated soil burial site must verify the effectiveness of the collection systems and the leachate treatment system provided for in this subdivision and leak test them. The report on the analyses related to the effectiveness of the treatment must be kept by the operator for at least 5 years from the date on which it is produced.

O.C. 843-2001, s. 35.

36. Where the values established according to section 25 are not compliant, the operator must, within 15 days following the day on which he becomes aware thereof, inform the Minister in writing and notify the Minister of the measures he has taken or intends to take the remedy the situation.

O.C. 843-2001, s. 36.

DIVISION IV QUALITY ASSURANCE AND CONTROL

37. A certified and independent professional must supervise the carrying out of development and final cover work of contaminated soil burial sites. He must, in particular, verify the compliance of the material and equipment used. The professional must provide the Minister, as soon as the site is completely laid out, with a report on his activities, attesting, if applicable, to the compliance of the facility with the standards applicable or indicating the elements that do not comply with the standards and the corrective measures to be taken.

O.C. 843-2001, s. 37.

DIVISION V FINAL COVER AND CLOSURE

38. The final cover of a contaminated soil burial site consists of superposed layers and must comprise, from the bottom up,

(1)  an impermeable layer consisting of

(a)  a layer of clay over which an impermeable synthetic membrane of a high density polyethylene type or having equivalent characteristics at least 1.5 mm thick is laid. The clay must have a minimum constant hydraulic conductivity equal to or less than 1 x 10-7 cm/s to a minimum depth of 60 cm after compaction; or

(b)  2 impermeable synthetic membranes of a high density polyethylene type or having equivalent characteristics at least 1.5 mm thick, separated by an appropriate protection layer.

If there is a physical or chemical inconsistency between the contaminated soils and the impermeable layer, a transition zone consisting of a layer of soil at least 15 cm thick, a geotextile or the equivalent must be laid out;

(2)  a drainage layer at least 60 cm thick after compaction having a hydraulic conductivity equal to or greater than 1 x 10-3 cm/s or the equivalent;

(3)  a protective layer consisting of soil having the characteristics and thickness that can protect the impermeable layer against frost and biointrusions. The layer may comprise the drainage layer and the layer of soil suitable for vegetation; and

(4)  a layer of soil suitable for vegetation, at least 15 cm thick, must be sown in such way that revegetation takes place within 1 year. Notwithstanding the foregoing, the vegetation must not be such that it is likely to impair the impermeable layer.

The final cover must have a slope of at least 2% and not more than 30% to enable the flow by gravity of runoff away from the deposit areas and to limit soil erosion.

O.C. 843-2001, s. 38.

39. Holes, fissures and subsidence must be repaired until the soil deposits are completely stabilized so as to prevent water from accumulating on the different cover layers or from infiltrating into the site.

O.C. 843-2001, s. 39.

40. The operator must, 60 days before the end of the soil burial operations, forward the Minister a notice confirming the date on which the contaminated soil burial site will close; that date must not exceed 1 year following the end of burial operations.

O.C. 843-2001, s. 40.

41. Within 6 months following the date on which the contaminated soil burial site has been closed, the operator shall forward the Minister a closing statement prepared by a certified and independent professional attesting to

(1)  the working order, effectiveness and reliability of the equipment and systems with which the contaminated soil burial site is equipped;

(2)  the compliance of the contaminated soil burial site with the provisions of this division and with the certificate of authorization respecting the final cover of buried contaminated soils and the integration of the site into the surrounding landscape.

In addition, the closing statement must include

(1)  the evaluation of all the follow-up data gathered during the operation and a summary of the data, taking into account all the contaminants present in the buried soils; and

(2)  a post-closure follow-up and monitoring program comprising the location of sampling and measuring points, the frequency of sampling and measuring, the parameters to be measured and the substances to be analysed for 5 years following the closure.

The closing statement shall specify any cases of non-compliance with the provisions of this subdivision and shall indicate the corrective measures to be taken.

O.C. 843-2001, s. 41.

42. The following must be found at the entrance of a closed contaminated soil burial site:

(1)  a conspicuous sign that indicates that the site is closed and that the disposal of contaminated soils is henceforth prohibited; and

(2)  a gate or any other device that prevents access to the site by the public.

O.C. 843-2001, s. 42.

DIVISION VI POST-CLOSURE PERIOD

43. The obligations prescribed by the provisions of the preceding divisions of this chapter continue to apply, with the necessary modifications and subject to the following provisions, to every closed contaminated soil burial site, for a minimum period of 30 years.

After the site is closed, the owner is responsible, particularly,

(1)  for the maintenance of the integrity of the final cover of contaminated soils;

(2)  for the monitoring and maintenance of leachate collection and treatment equipment, follow-up and monitoring equipment for surface and groundwater and the gas collection system; and

(3)  for the carrying out of the sampling, analysis and measuring programs pertaining to leachates, surface water, groundwater and gas.

O.C. 843-2001, s. 43; O.C. 1553-2001, s. 3.

44. Not later than 3 months before the end of the fifth year following the date on which the site is closed, a complete evaluation of the follow-up and monitoring data gathered during that period must be recorded in a report and forwarded to the Minister. The report will include a summary of the evaluation and an up-to-date follow-up and monitoring program for the period including the 5 following years.

O.C. 843-2001, s. 44.

45. The re-evaluation of the follow-up and monitoring program must be made and forwarded to the Minister at least 3 months before the end of the tenth year and then, on the basis of the data gathered, at a frequency that may be not more than 5 years.

The list of substances to be analysed may be revised and modified after each 5-year period on the basis of the results obtained during that period.

O.C. 843-2001, s. 45.

46. The follow-up and monitoring program will include the analysis of all the substances in Schedule II at least every 5 years from the fifth year, except for the sites referred to in section 2, in which case the parameters to be measured and the substances to be analyzed are those established at the outset on the basis of the contaminants likely to be present in the soil.

O.C. 843-2001, s. 46; O.C. 1553-2001, s. 4.

47. Not later than the third trimester of the 29th post-closure year, the owner of the contaminated soil burial site must have a certified and independent professional prepare an assessment of the burial site and where applicable, its impact on the environment and have it forwarded to the Minister.

The owner of the contaminated soil burial site shall be released from the obligations imposed upon him under paragraph 3 of section 43 where the assessment proves that the burial site remains in every way compliant with the standards applicable and that it is no longer likely to be a source of contamination.

In the opposite case, the obligations prescribed by section 43 for the post-closure period shall continue to apply for as long as the owner of the contaminated soil burial site is unable to demonstrate conformity as provided in the second paragraph.

O.C. 843-2001, s. 47.

CHAPTER III SECURITY

48. The operation of a contaminated soil burial site is subject to the provision, by the operator or by a third party on the operator’s behalf, of security intended to ensure, during the operation and on closure, the discharge of the obligations that the operator must meet under the Environment Quality Act (chapter Q-2) and this Regulation.

The Minister may use the security referred to in the first paragraph where the operator fails or refuses to discharge the obligations that he must meet. The security may also be used where the operator becomes bankrupt or, if the operator is a legal person, in the case of winding-up of the legal person.

The amount of the security shall correspond to $2 per metric ton according to the authorized maximum contaminated soil burial capacity.

O.C. 843-2001, s. 48.

49. An amount equal to 10% of the amount of the security must be provided to the Minister before the beginning of the operation. In addition, a proportional amount established according to the volumes of buried soils in comparison with the authorized volume of soils equivalent to $2 per metric ton will be provided to the Minister in January of each year according to the data gathered pursuant to section 21.

O.C. 843-2001, s. 49.

50. The proportional amount referred to in section 49 will be decreased in proportion to the work already completed pursuant to sections 37 and 38.

O.C. 843-2001, s. 50.

51. The security shall be provided

(1)  in cash, by bank draft or by certified cheque made out to the Minister of Finance;

(2)  by bearer bonds issued or guaranteed by Québec, Canada or another Canadian province, the United States of America or one of the member States, the International Bank for Reconstruction and Development, a municipality or a school board in Canada or a fabrique in Québec;

(3)  by suretyship or a guarantee policy, with a stipulation of solidarity and a waiver of the benefits of discussion and division, taken with a legal person authorized to stand security under the Bank Act (S.C. 1991, c. 46), the Act respecting trust companies and savings companies (chapter S-29.01), the Act respecting insurance (chapter A-32) or the Act respecting financial services cooperatives (chapter C-67.3); or

(4)  by an irrevocable letter of credit issued by a banking institution or by a savings and credit union.

O.C. 843-2001, s. 51.

52. The amounts of money, drafts, cheques or bonds provided as security are deposited with the Minister of Finance, pursuant to the Deposit Act (chapter D-5) for the duration of the operation and until the expiry of the period specified in section 55 or following the revocation or the transfer of the certificate of authorization, whichever occurs first.

O.C. 843-2001, s. 52.

53. Security provided in the form of a suretyship, a guarantee policy or a letter of credit shall have a term of not less than 12 months. Not less than 60 days before the expiry of the guarantee, its holder shall forward his renewed security to the Minister of Sustainable Development, Environment and Parks or any other security meeting the requirements prescribed by sections 48 and 51.

The security shall also contain a clause setting at not less than 12 months after its expiry or, as the case may be, after its revocation, rescission or cancellation, whichever occurs first, the time period for filing a claim based on the operator’s failure to perform his obligations.

Any clause of revocation, rescission or cancellation of a security may take effect only if prior notice is sent by registered or certified mail to the Minister at least 60 days prior to the expiry of the security. At the time of the taking of effect of such a clause, if other security complying with the requirements prescribed in this Regulation has not been forwarded to the Minister, the operator may not pursue his activity until the situation has been rectified.

O.C. 843-2001, s. 53.

54. Before using the security, the Minister must give the operator 60 days advance notice. Upon the expiry of that time limit, the Minister may use the security to carry out the final cover and to rehabilitate the site according the requirements of this Regulation unless the operator has, in the meantime, already begun the required work.

Where the operator does not complete the required work, the Minister may give another 60 days advance notice and use the security in accordance with section 48.

O.C. 843-2001, s. 54.

55. An amount corresponding to 75% of the security shall be given to the operator at the time the site closes, when the Minister is satisfied that the operator has complied with all the applicable provisions of Chapter II, and the balance shall be given to him after 5 years on the same conditions.

O.C. 843-2001, s. 55.

CHAPTER IV CERTIFICATE OF AUTHORIZATION

56. No one may establish or alter a contaminated soil burial site without holding the titles of ownership of the land where the site and the systems necessary to operate the burial site are located.

O.C. 843-2001, s. 56.

57. (Revoked).

O.C. 843-2001, s. 57; O.C. 441-2008, s. 9.

CHAPTER V PENAL

58. Every contravention of the provisions of sections 3, 15, 16, 19, 20, 21, 23, 27, 35, 36 and 39 to 42 makes the operator of the facility liable to a fine of

(1)  $500 to $5,000 in the case of a natural person;

(2)  $1,000 to $20,000 in the case of a legal person.

O.C. 843-2001, s. 58.

59. Every contravention of the provisions of sections 5 to 10, 14, 17, 18, 24, 25, 31 to 34, 37, 44 to 46 and 48 to 53 makes the operator of the facility liable to a fine of

(1)  $2,000 to $15,000 in the case of a natural person;

(2)  $5,000 to $100,000 in the case of a legal person.

O.C. 843-2001, s. 59.

60. Every contravention of the provisions of sections 4, 11 to 13, 22, 38 and 47 makes the operator of the facility liable to a fine of

(1)  $10,000 in the case of a natural person;

(2)  $25,000 to $500,000 in the case of a legal person.

O.C. 843-2001, s. 60.

61. A person who introduces into a contaminated soil burial site materials that, within the meaning of this Regulation, may not be received therein is also liable to the penalties provided for in section 60.

O.C. 843-2001, s. 61.

62. Where, under section 43, the provisions of this Regulation are made applicable to a contaminated soil burial site after the date of its closure, every contravention of those provisions committed after that date makes the owner of the facility liable to the penalties provided for in sections 58 to 61, as the case may be.

O.C. 843-2001, s. 62.

63. In the case of a subsequent offence, the fines prescribed by sections 58 to 62 shall be doubled.

O.C. 843-2001, s. 63.

CHAPTER VI MISCELLANEOUS PROVISIONS

64. Where, in Québec, there is no laboratory accredited for the analysis of a substance referred to in section 15, the analysis report required under that section must be prepared by a laboratory recognized by an authority competent in that field until a laboratory is accredited for the analysis of that substance in Québec. From that moment on, only the analysis reports prepared by a laboratory accredited under section 118.6 of the Act are accepted.

O.C. 843-2001, s. 64.

64.1. Section 10 does not apply to authorized contaminated soil burial sites in operation on 11 July 2001.

O.C. 1553-2001, s. 5.

65. In contaminated soil burial sites in operation on 11 July 2001, the zones that, in accordance with authorizations granted before that date, receive contaminated soils after that same date shall be, under the conditions and within the periods set out in section 66, governed by the provisions of this Regulation.

O.C. 843-2001, s. 65.

66. The operator of a contaminated soil burial site in operation on 11 July 2001 shall benefit from a 6-month period, from that date, to comply with the applicable requirements of this Regulation and to provide security complying with the third paragraph of section 48.

O.C. 843-2001, s. 66.

67. This Regulation also applies to the immovables in a reserved area or an agricultural zone established in accordance with the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

O.C. 843-2001, s. 67.

67.1. This Regulation does not apply to those who, on 11 July 2001, were authorized to bury products resulting from the treatment of contaminated soils by a stabilization, fixation and solidification process.

O.C. 1553-2001, s. 6.

68. (Amendment integrated into chapter Q-2, r. 3.2, s. 1).

O.C. 843-2001, s. 68.

69. (Amendment integrated into chapter Q-2, r. 3.2, a. 54).

O.C. 843-2001, s. 69.

70. (Omitted).

O.C. 843-2001, s. 70.

SCHEDULE I

(ss. 2, 4 and 15)

SUBSTANCES                                 LIMIT VALUES
                                           mg/kg of dry 
                                           matter (ppm)

Inorganic


Metals/Metalloids

Silver (Ag)                                    200

Arsenic (As)                                   250

Barium (Ba)                                 10 000

Cadmium (Cd)                                   100

Chromium (Cr)                                4 000

Cobalt (Co)                                  1 500

Copper (Cu)                                  2 500

Tin (Sn)                                     1 500

Manganese (Mn)                              11 000

Mercury (Hg)                                    50

Molybdenum (Mo)                                200

Nickel (Ni)                                  2 500

Lead (Pb)                                    5 000

Selenium (Se)                                   50

Zinc (Zn)                                    7 500

Other inorganic compounds

Available bromide (Br-)                      1 500

Available cyanide (CN-)                        300

Total cyanide (CN-)                          5 900

Available fluoride (F-)                     10 000


Organic


Monocyclic aromatic volatile organic compounds

Benzene                                          5

Chlorobenzene                                   10

Ethylbenzene                                    50

m-Dichlorobenzene                               10

o-Dichlorobenzene                               10

p-Dichlorobenzene                               10

Styrene                                         50

Toluene                                         30

Xylenes                                         50


Chlorinated aliphatic volatile organic compounds

Bromodichloromethane                           150

2-Chloro-1,3-butadiene                           2.8

3-Chloropropylene                              300

Chlorodibromomethane                           150

Chloroethane                                    60

Chloroform or trichloromethane                  50

Chloromethane or methyl chloride               300

Methylene chloride or dichloromethane           50

Vinyl chloride                                  60

1,2-Dibromo-3-chloropropane                    150

1,1-Dichloroethane                              50

1,1-Dichloroethylene                            50

1,2-Dichloroethylene (cis and trans)            50

1,2-Dichloroethane                              50

1,2-Dichloropropane                             50

1,3-Dichloropropylene (cis and trans)           50

Dichlorodifluoromethane                         72

Hexachlorobutadiene                             56

Hexachloroethane                               300

Pentachloroethane                               60

1,1,1,2-Tetrachloroethane                       60

1,1,2,2-Tetrachloroethane                       50

Tetrachloroethylene or perchloroethylene        50

Carbon tetrachloride                            50

1,1,1-Trichloroethane                           50

1,1,2-Trichloroethane                           50

1,2,3-Trichloropropane                         300

Trichloroethylene                               50

Trichlorofluoromethane                         300

Non-chlorinated phenolic compounds

2,4-Dimethylphenol                             140

m-Cresol                                        56

o-Cresol                                        56

p-Cresol                                        56

o-Nitrophenol or 2-Nitrophenol                 130

p-Nitrophenol or 4-Nitrophenol                 290

Phenol                                          62


Chlorinated phenolic compounds

2-Chlorophenol                                  57

3-Chlorophenol                                  57

4-Chlorophenol                                  57

2,3-Dichlorophenol                             140

2,4-Dichlorophenol                             140

2,5-Dichlorophenol                             140

2,6-Dichlorophenol                             140

3,4-Dichlorophenol                             140

3,5-Dichlorophenol                             140

p-Chloro-m-cresol                              140

Pentachlorophenol                               74

2,3,4,5-Tetrachlorophenol                       74

2,3,4,6-Tetrachlorophenol                       74

2,3,5,6-Tetrachlorophenol                       74

2,3,4-Trichlorophenol                           74

2,3,5-Trichlorophenol                           74

2,3,6-Trichlorophenol                           74

2,4,5-Trichlorophenol                           74

2,4,6-Trichlorophenol                           74

3,4,5-Trichlorophenol                           74


Polycyclic aromatic hydrocarbons

Acenapthene                                    100

Acenaphtylene                                  100

Anthracene                                     100

Benzo(b+j+k)fluoranthene                       136

Benzo(a)anthracene                              34

Benzo(a)pyrene                                  34

Benzo(c)phenanthrene                            56

Benzo(g,h,i)perylene                            18

2-Chloronaphtalene                              56

Chrysene                                        34

Dibenzo(a,h)anthracene                          82

Dibenzo(a,h)pyrene                              34

Dibenzo(a,i)pyrene                              34

Dibenzo(a,l)pyrene                              34

7,12-Dimethylbenzo(a)anthracene                 34

Fluoranthene                                   100

Fluorene                                       100

Indeno(1,2,3-cd)pyrene                          34

Methylnaphtalenes (each)                        56

3-Methylcholanthrene                           150

Naphtalene                                      56

Phenanthrene                                    56

Pyrene                                         100


Non-chlorinated benzene compounds

2,6-Dinitrotoluene                             280

2,4,6-Trinitrotoluene or TNT                   280


Chlorobenzenes

Benzal chloride or dichloromethylbenzene        60

Hexachlorobenzene                              100

4,4-Methylene bis(2-chloro-aniline)            300

p-Chloroaniline or chloroaminobenzene          160

Pentachlorobenzene                             100

Pentachloronitrobenzene                         48

1,2,3,4-Tetrachlorobenzene                     140

1,2,3,5-Tetrachlorobenzene                     140

1,2,4,5-Tetrachlorobenzene                     140

1,2,3-Trichlorobenzene                         190

1,2,4-Trichlorobenzene                         190

1,3,5-Trichlorobenzene                         190


Polychlorinated biphenyls

PCBs (summation of the congeners)               50


Chlorinated pesticides

2,4,5-T                                         79

2,4-D                                          100

Aldrin                                           0.66

alpha-BHC or hexachlorocyclohexane               0.66

beta-BHC or hexachlorocyclohexane                0.66

delta-BHC or hexachlorocyclohexane               0.66

gamma-BHC or lindane, hexachlorocyclohexane      0.66

Barban                                          14

Chlordane (alpha and gamma)                      2.6

Dieldrin                                         1.3

Endosulfan I                                     0.66

Endosulfan II                                    1.3

Endosulfan sulfate                               1.3

Endrin                                           1.3

Endrin aldehyde                                  1.3

Heptachlor epoxide                               0.66

Heptachlor                                       0.66

Formetanate hydrochloride                       14

Isodrin                                          0.66

Kepone                                           1.3

Methoxychlor                                     1.8

o,p’-DDD                                         0.87

p,p’-DDD                                         0.87

o,p’-DDE                                         0.87

p,p’-DDE                                         0.87

o,p’-DDT                                         0.87

p,p’-DDT                                         0.87

Pronamide                                       15

Silvex or fenoprop                              79

Thiodicarb                                      14

Toxaphene                                       26

Triallate                                       14


Non-chlorinated pesticides

Aldicarb sulfone (summation 
of Aldicarb, Aldicarb sulfone 
and Aldicarb sulfoxide)                          2.8

Bendiocarb                                      14

Bendiocarb phenol                               14

Benomyl                                         14

Butylate                                        14

Carbaryl                                         1.4

Carbendazim                                     14

Carbofuran                                       1.4

Carbofuran phenol                               14

Carbosulfane                                    14

Dimetilan                                       14

Dinoseb                                         25

Disulfoton                                      62

Dithiocarbamates (total)                       280

EPTC                                            14

Famphur                                        150

Formparanate                                    14

Isolan                                          14

m-cumenyl methylcarbamate                       14

Methiocarb                                      14

Methomyl                                         1.4

Metolcarb                                       14

Mexacarbate                                     14

Molinate                                        14

Oxamyl                                           2.8

Parathion                                       46

Methyl parathion                                46

Pebulate                                        14

Phorate                                         46

Promecarb                                       14

Propham                                         14

Propoxur                                        14

Prosulfocarb                                    14

Tebuthiuron                                  3 600

Thiophanate-methyl                              14

Tirpate                                          2.8

Vernolate                                       14

A2213 or oxamyl oxime                           14


Other organic substances

Acrylonitrile                                  840

Diethyl phtalate                               280

Dimethyl phtalate                              280

Di-n-butyl phtalate                         70 000

Di-n-octyl phtalate                            280

Ethylene glycol                                411

Formaldehyde                                   125

Hexachlorocyclopentadiene                       24

Hexachloropropylene                            300

Phtalates (each, except other 
listed phtalates)                               60

1,1,2-Trichloro-1,2,2-trifluoroethane          300

bis(2-chloroethyl)ether                         60

bis(2-chloroethoxy)methane                      72

bis(2-chloroisopropyl)ether                     72

Butyl benzyl phtalate                          280


Petroleum products

Petroleum hydrocarbons C10 to C50           10 000


Chlorinated dioxins and furans

Summation as toxic equivalents in 
accordance with the following table  0.005

         INTERNATIONAL TOXICITY EQUIVALENCY
               FACTORS FOR SPECIFIC
        PCDD (POLYCHLORODIBENZO-P-DIOXINS) AND
       PCDF (POLYCHLORODIBENZOFURANS) CONGENERS
                   (NATO, 1988)

CONGENERS              TOXICITY EQUIVALENCY FACTORS

2,3,7,8-T4CDD                       1

1,2,3,7,8-P5CDD                     0.5

1,2,3,4,7,8-H6CDD                   0.1

1,2,3,6,7,8-H6CDD                   0.1

1,2,3,7,8,9-H6CDD                   0.1

1,2,3,4,6,7,8-H7CDD                 0.01

OCDD                                0.001

2,3,7,8-T4CDF                       0.1

2,3,4,7,8-P5CDF                     0.5

1,2,3,7,8-P5CDF                     0.05

1,2,3,4,7,8-H6CDF                   0.1

1,2,3,7,8,9-H6CDF                   0.1

1,2,3,6,7,8-H6CDF                   0.1

2,3,4,6,7,8-H6CDF                   0.1

1,2,3,4,6,7,8-H7CDF                 0.01

1,2,3,4,7,8,9-H7CDF                 0.01

OCDF                                0.001

O.C. 843-2001, Sch. I.

SCHEDULE II

(ss. 29 and 46)

SUBSTANCES

---

METALS (and metalloids)

---

Aluminium (Al)

---

Antimony (Sb)

---

Antimony III (Sb III)

---

Silver (Ag)

---

Arsenic (As)

---

Barium (Ba)

---

Cadmium (Cd)

---

Chromium (Cr)

---

Chromium VI (Cr VI)

---

Cobalt (Co)

---

Copper (Cu)

---

Manganese (Mn)

---

Mercury (Hg)

---

Molybdenum (Mo)

---

Nickel (Ni)

---

Lead (Pb)

---

Selenium (Se)

---

Sodium (Na)

---

Zinc (Zn)

---

OTHER INORGANIC COMPOUNDS

---

Ammonia nitrogen (NH4+)

---

Chlorides (Cl-)

---

Available cyanides (CN-)

---

Total cyanides (CN-)

---

Total fluorides

---

Nitrate (N-NO3-)

---

Nitrite (N-NO2-)

---

Nitrate + Nitrite

---

Total phosphor (P-PO4-3)

---

Sulfides (H2S)

---

VOLATILE ORGANIC COMPOUNDS

---

Monocyclic aromatic hydrocarbons

---

Benzene

---

Chlorobenzene

---

1,2-Dichlorobenzene

---

1,3-Dichlorobenzene

---

1,4-Dichlorobenzene

---

Ethylbenzene

---

Styrene

---

Toluene

---

Xylenes

---

Chlorinated aliphatic hydrocarbons

---

Chloroform

---

Vinyl chloride or chloroethene

---

1,2-Dichloroethane

---

1,1-Dichloroethene

---

1,2-Dichloroethene

---

1,2-Dichloroethene (trans)

---

Dichloromethane

---

1,2-Dichloropropane

---

1,3-Dichloropropane

---

1,3-Dichloropropene (cis + trans)

---

1,1,2,2-Tetrachloroethane

---

Tetrachloroethene

---

Carbon tetrachloride

---

1,1,1-Trichloroethane

---

1,1,2-Trichloroethane

---

Trichloroethene

---

PHENOLIC COMPOUNDS

---

Non-chlorinated

---

o-Cresol

---

p-Cresol

---

2,4-Dimethylphenol

---

2,4-Dinitrophenol

---

2-Methyl-4,6-dinitrophenol

---

4-Nitrophenol

---

Phenol

---

Chlorinated

---

2-Chlorophenol

---

3-Chlorophenol

---

4-Chlorophenol

---

2,3-Dichlorophenol

---

2,4-Dichlorophenol

---

2,5-Dichlorophenol

---

2,6-Dichlorophenol

---

3,4-Dichlorophenol

---

3,5-Dichlorophenol

---

Pentachlorophenol

---

2,3,4,6-Tetrachlorophenol

---

2,3,5,6-Tetrachlorophenol

---

2,4,5-Trichlorophenol

---

2,4,6-Trichlorophenol

---

Chlorophenols

---

POLYCYCLIC AROMATIC HYDROCARBONS

---

Acenaphtene

---

Anthracene

---

Benzo(a)anthracene

---

Benzo(b + j)fluoranthene

---

Benzo(k)fluoranthene

---

Benzo(a)pyrene

---

Chrysene

---

Dibenzo(a,h)anthracene

---

Fluoranthene

---

Fluorene

---

Indeno(1,2,3-c,d)pyrene

---

Naphtalene

---

Phenanthrene

---

Pyrene

---

NON-CHLORINATED BENZENE COMPOUNDS

---

2,4-Dinitrotoluene

---

2,6-Dinitrotoluene

---

Nitrobenzene

---

CHLOROBENZENES

---

Hexachlorobenzene

---

Pentachlorobenzene

---

1,2,3,4-Tetrachlorobenzene

---

1,2,4,5-Tetrachlorobenzene

---

1,2,3-Trichlorobenzene

---

1,2,4-Trichlorobenzene

---

Trichlorobenzenes (total)

---

PESTICIDES

---

Atrazine and metabolites

---

Azinphos-methyl

---

Bentazon

---

Bromoxynil

---

Captan

---

Carbaryl

---

Carbofuran

---

Chlorothalonil

---

Chlorpyrifos

---

Cyanazine

---

Deltamethrin

---

Diazinon

---

Dicamba

---

Dichlorprop

---

Dimethoate

---

Diquat

---

Diuron

---

Endosulfan (I and II)

---

Glyphosate

---

Lindane

---

Malathion

---

MCPA

---

Metolachlor

---

Metribuzin

---

Myclobutanil

---

Paraquat (dichloride)

---

Paraquat

---

Parathion

---

Permethrin

---

Phorate

---

Picloram

---

Simazine

---

Tebuthiuron

---

Terbufos

---

Trifluralin

---

2,4-D

---

2,4-DB

---

PESTICIDES THAT ARE NO LONGER USED BUT STILL PERSISTING IN THE ENVIRONMENT

---

Aldicarb (summation of Aldicarb, Aldicarb sulfone and Aldicarb sulfoxide)

---

Aldrin

---

Chlordane

---

Dieldrin

---

p,p’ DDT

---

p,p’ DDE

---

Endrin

---

Heptachlor epoxide

---

Fenoprop or Silvex

---

Heptachlor

---

Methoxychlor

---

Mirex

---

2,4,5-T

---

OTHER ORGANIC SUBSTANCES

---

Acrylonitrile

---

Bis(2-chloroethyl)ether

---

Ethylene glycol

---

Formaldehyde

---

Hexachloroethane

---

Pentachloroethane

---

Dibutyl phtalate

---

2,4,6-Trinitrotoluene or TNT

---

INTEGRATING PARAMETERS

---

Phenol index

---

Chronic toxicity

---

Acute toxicity

---

Petroleum hydrocarbons C10 to C50

---

O.C. 843-2001, Sch. II; O.C. 1553-2001, s. 7.

REFERENCES

O.C. 843-2001, 2001 G.O. 2, 3518

O.C. 1553-2001, 2002 G.O. 2, 248

O.C. 451-2005, 2005 G.O. 2, 1182

O.C. 441-2008, 2008 G.O. 2, 1331