Q-2, r. 2 - Regulation respecting the application of section 32 of the Environment Quality Act

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter Q-2, r. 2

Regulation respecting the application of section 32 of the Environment Quality Act

Environment Quality Act

(chapter Q-2, ss. 31, 46, 109.1, 118.6 and 124.1).

CHAPTER I GENERAL

1. This Regulation applies to waterworks and sewer projects where the owner is a municipality.

Sections 3 to 9.4 and 20 to 24 also apply to waterworks and sewer projects where the owner is a person other than a waterworks or a sewer service within the meaning of the Regulation respecting waterworks and sewer services (chapter Q-2, r. 21).

O.C. 635-2008, s. 1; O.C. 1033-2011, s. 1.

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

O.C. 635-2008, s. 2.

3. In this Regulation,

(1)  “temporary industrial camp” means all the facilities and their dependencies set up for not more than 6 months per 12-month period

(a)  for carrying out forest management, mining exploration or transportation work or work related to the production, transportation or distribution of electric power;

(b)  only for timber salvage following a forest fire;

(2)  “5-year waterworks and sewer plan” means a set of plans and specifications and other documents relating to the carrying out of work relating to drinking water or wastewater or storm water to improve existing infrastructures or develop the territory of a municipality;

(3)  “watercourse”, “lakeshore”, “riverbank” and “flood-plain” have the meaning assigned by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35);

(4)  where an activity must be carried on by an engineer who is a member of the Ordre des ingénieurs du Québec, it may also be carried on by any other person legally authorized to carry on in Québec such an activity reserved to the members of that order.

The provisions of this Regulation relating to a temporary industrial camp apply to such a camp only if

(1)  not more than 80 persons are housed in the camp where it is set up to carry out work referred to in subparagraph a of subparagraph 1 of the first paragraph; and

(2)  it is situated in one of the following territories:

(a)  a territory not organized into a local municipality, including an unorganized territory amalgamated with one of the municipalities of Rouyn-Noranda, La Tuque or Senneterre, as it was delimited the day before the amalgamation;

(b)  the James Bay territory as described in the Schedule to the James Bay Region Development and Municipal Organization Act (chapter D-8.2);

(c)  the territory situated north of the 55th parallel;

(d)  the territories of the municipalities of Blanc-Sablon, Bonne-Espérance, Côte-Nord-du-Golfe-du-Saint-Laurent, Gros-Mécatina and Saint-Augustin and the territory of any other municipality constituted under the Act respecting the municipal reorganization of the territory of Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent (S.Q. 1988, c. 55; S.Q. 1996, c. 2); or

(e)  the territories that are not accessible at any time by road vehicles.

O.C. 635-2008, s. 3; O.C. 1033-2011, s. 2.

CHAPTER II PROJECTS, APPARATUS AND EQUIPMENT EXEMPT FROM THE APPLICATION OF SECTION 32 OF THE ENVIRONMENT QUALITY ACT

DIVISION I EXEMPTED PROJECTS, APPARATUS AND EQUIPMENT

4. The following projects, apparatus and equipment relating to drinking water are exempt from the application of section 32 of the Environment Quality Act (chapter Q-2):

(1)  the reconstruction of water mains other than those ensuring the elimination of microorganisms in accordance with section 5 or 6 of the Regulation respecting the quality of drinking water (chapter Q-2, r. 40);

(2)  the reconstruction of the following apparatus and equipment:

(a)  pumping, booster or rechlorination stations;

(b)  drinking water treatment apparatus and equipment, provided that the work does not result in modification of drinking water treatment or an increase in capacity; and

(c)  raw water storage reservoirs or drinking water distribution reservoirs other than those ensuring the elimination of microorganisms in accordance with section 5 or 6 of the Regulation respecting the quality of drinking water (chapter Q-2, r. 40), if the work does not result in an increase in capacity and if the reservoirs are reconstructed at the same locations;

(3)  the installation or increase in the production capacity of drinking water treatment apparatus or equipment serving 20 persons or less, provided that the work does not increase the number of persons served to more than 20;

(4)  the installation of water mains in a stand-alone distribution system that supplies 20 persons or less, provided that the work does not increase the number of persons served to more than 20;

(5)  the installation, on an existing distribution system, or the reconstruction of

(a)  chambers for shut-off valves, drain valves, air valves, meters or other similar apparatus or equipment; and

(b)  distribution system accessories; and

(6)  the installation, on a lot, of water mains, reservoirs and accessories intended to supply only one building situated on that same lot.

O.C. 635-2008, s. 4; O.C. 1033-2011, s. 3.

5. The following work relating to wastewater or storm water is exempt from the application of section 32 of the Act, provided that its carrying out or the project related to its carrying out is not likely to discharge wastewater into the environment or, as the case may be, increase the frequency or volume of overflows in one of the combined sewer overflows of the sewer system:

(1)  the reconstruction of sewer mains;

(2)  the replacement of a combined sewer by separate sewers or partially-separate sewers;

(3)  work carried out on an existing pumping station, on an existing combined sewer overflow or on an existing retention basin, if

(a)  the work is not likely to modify the wastewater pumping capacity in the mains or the regulator weir capacity of a combined sewer overflow; and

(b)  the overflow requirements set for the station or combined sewer overflow have been met for the 2 preceding years;

(4)  the installation or reconstruction of manholes or catch basins in an existing sewer system;

(5)  sewer work intended for the management of storm water of only one lot, if

(a)  only one building used for the major occupancy of the land is erected on that lot;

(b)  storm water infiltrates into the soil or is discharged into a ditch or sewer operated by a municipality; and

(c)  the lot is not situated in an industrial zone according to municipal zoning.

O.C. 635-2008, s. 5; O.C. 1033-2011, s. 4.

5.1. The following work relating to a temporary industrial camp is also exempt from the application of section 32 of the Environment Quality Act:

(1)  the installation of drinking water mains;

(2)  the installation of drinking water treatment apparatus or equipment or an increase in their production capacity;

(3)  the installation of a water supply intake;

(4)  the installation of sewer or wastewater treatment systems;

(5)  the installation of an outfall intended to discharge process water from an apparatus or equipment covered by paragraph 2 or treated water from a system covered by paragraph 4.

O.C. 1033-2011, s. 4.

5.2. For the purposes of section 5.1, except if not more than 20 persons are housed in a temporary industrial camp, the operator of the camp must send a notice to the Minister at least 4 weeks before the beginning of the work. The notice must specify

(1)  the geographical coordinates of the camp;

(2)  the maximum number of persons that will be housed at the same time in the camp; and

(3)  the planned dates and period of time during which the camp is to be occupied.

The following must be attached to the notice:

(1)  a certificate from a person who is a member of a competent professional order attesting that the installation of drinking water treatment apparatus or equipment or an increase in their production capacity will meet the requirements provided for in the Regulation respecting the quality of drinking water (chapter Q-2, r. 40);

(2)  a certificate from a person who is a member of a competent professional order attesting that the treatment and disposal of wastewater and, if applicable, process water from a drinking water treatment apparatus or equipment are not likely to constitute a source of contamination within the meaning of section 1 of the Environment Quality Act (chapter Q-2).

If the temporary industrial camp must be used by a larger number of persons or for a longer period of time than the period provided for in the first paragraph, a new notice and a new certificate must be sent to the Minister at least 4 weeks before the change.

O.C. 1033-2011, s. 4.

6. The projects listed in sections 4, 5 and in paragraphs 1, 2 and 4 of section 5.1 remain subject to section 32 of the Act if they must be carried out in whole or in part in a constant or intermittent watercourse or in a lake, on its shores, banks or floodplain or in a pond, marsh, swamp or bog.

O.C. 635-2008, s. 6; O.C. 1033-2011, s. 5.

7. The following projects relating to groundwater to be distributed or sold as spring water or mineral water or used as an ingredient in the fabrication, conservation or treatment and listed as spring water or mineral water on a product within the meaning of section 1 of the Food Products Act (chapter P-29) or on the package, container or label of such a product are also exempt from the application of section 32 of the Act:

(1)  the construction of mains connecting the groundwater collection facility to the bottling system of the water; and

(2)  the construction of every component in the bottling system of the water, such as the pumping or booster station, drain valves, air valves, and the construction of its accessories and of every tank used to store the water.

O.C. 635-2008, s. 7.

DIVISION II SPECIAL PROVISIONS FOR THE CARRYING OUT OF CERTAIN WORK

8. In the cases referred to in section 5, where a storm sewer main connected to a combined sewer system is replaced, the acceptance tests and criteria for that main are those provided for in section 11.2 of the standard specification, referred to in section 21 of this Regulation, for the combined and sanitary sewer mains.

O.C. 635-2008, s. 8.

9. In the case of work listed in paragraph 1 of section 4 and in paragraphs 1 and 2 of section 5, if soil is excavated, the owner must

(1)  specify the categories of industrial or commercial activities listed in Schedule III to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37), that are or were carried on on or adjacent to land where the work is to be carried out;

(2)  sample the soil to be excavated at the places likely to be contaminated;

(3)  have the soil samples taken analyzed by a laboratory accredited by the Minister under section 118.6 of the Act according to the potential contaminants related to the activities listed in the aforementioned Schedule III in accordance with the Site Characterization Guide published by the Minister under section 31.66 of the Environment Quality Act (chapter Q-2); and

(4)  keep the analysis reports for at least 5 years after the date on which they were prepared and make them available to the Minister on request.

O.C. 635-2008, s. 9; O.C. 1033-2011, s. 6.

9.1. The owner must appoint a member of the Ordre des ingénieurs du Québec to supervise the work covered by sections 4 and 5.

The engineer must certify that the work carried out complies with this Regulation. The certificate must be given to the owner within 90 days of the end of the work.

The owner must keep the certificate for a period of 10 years after completion of the work and make it available to the Minister on request.

O.C. 1033-2011, s. 7.

9.2. In the case of any installation of a water supply intake to serve any temporary industrial camp, the following standards apply:

(1)  no impounding structure may be set up in the watercourse;

(2)  if applicable, after equipment burial below the bed of the watercourse, its original profile must be restored;

(3)  the width of vegetation clearing necessary to install the water main intake on the bank and littoral zone of a watercourse or the shore of a lake must be not more than 5 metres;

(4)  appropriate measures, such as revegetation, must be carried out at the time of the installation of the water intake to prevent sediments from being carried into the aquatic environment from the bare or exposed soil on the littoral zone, lakeshore or riverbank;

(5)  the pumping equipment must be installed outside the lakeshore, riverbank and littoral zone except for a submersible pump.

Subparagraphs 2 to 4 of the first paragraph also apply, adapted as required, to the installation of an outfall covered by paragraph 5 of section 5.1.

O.C. 1033-2011, s. 7.

9.3. During the permanent closing of any temporary industrial camp,

(1)  the infrastructures constituting the water supply intake, the outfall of the sewer or wastewater treatment systems or the outfall intended to discharge process water from a drinking water apparatus or equipment and the mains situated on the lakeshore, riverbank or littoral zone must be dismantled;

(2)  the bed of the lake or watercourse must be restored according to its original profile;

(3)  the lakeshore, riverbank and littoral zone must be stabilized and vegetated; and

(4)  any sewer or treatment system that is abandoned must be emptied and removed or filled with gravel, sand, earth or inert material.

O.C. 1033-2011, s. 7.

9.4. At no time may the quantity of water taken from the water intake to supply any temporary industrial camp exceed 15% of the instantaneous flow of the watercourse or lower the lake level by more than 15 cm.

O.C. 1033-2011, s. 7.

CHAPTER III 5-YEAR WATERWORKS AND SEWER PLANS

10. A municipality may, under section 32 of the Environment Quality Act (chapter Q-2) and in accordance with this Chapter, submit the following projects using a 5-year waterworks and sewer plan to the Minister of Sustainable Development, Environment and Parks for authorization:

(1)  drinking water projects involving

(a)  the establishment of waterworks or the extension of existing facilities; and

(b)  the erection of a pumping, booster or rechlorination station;

(2)  wastewater or storm water projects involving

(a)  the establishment of a sewer or the extension of existing facilities;

(b)  the replacement of sewer mains by mains of a different diameter or hydraulic capacity;

(c)  the construction of a retention basin;

(d)  the construction of a storm water outfall; and

(e)  the erection of a network pumping station without an overflow.

A municipality may also include in a 5-year waterworks and sewer plan the projects to be carried out by every person that has entered into an agreement with the municipality providing that the works will be transferred to the municipality after their final acceptance.

O.C. 635-2008, s. 10.

11. The 5-year waterworks and sewer plan must contain the following information and documents:

(1)  information relating to land use planning or, in the case of built areas, a land use plan;

(2)  the location of subdivisions to be served and the location of proposed work;

(3)  the location of former residual materials disposal sites;

(4)  an agreement between the Minister and the municipality relating to the conservation of wetlands located in the subdivisions covered by the 5-year plan;

(5)  the map location of constant or intermittent watercourses, lakes, lakeshores, riverbanks, floodplains, ponds, marshes, swamps and bogs;

(6)  the map location of plant or wildlife habitats, designated threatened or vulnerable species or species likely to be so designated, and protected areas;

(7)  the municipality’s commitment to ensuring that the specifications contain special technical clauses necessary for the management of surplus and discarded materials in compliance with the Act;

(8)  the plans of existing networks and equipment and proposed equipment;

(9)  the capacity of the drinking water treatment apparatus and equipment;

(10)  a water report showing current and future needs and the consumption rate by persons, industries, businesses and institutions;

(11)  the measures taken to save water and search for and reduce leakage; and

(12)  the flows and pressures within the drinking water distribution network.

Where the projects concern wastewater or storm water works, the 5-year waterworks and sewer plan must contain the following additional information and documents:

(1)  the impact of the proposed work on combined sewer overflows and the wastewater treatment plant discharges;

(2)  the capacity of combined sewer overflows to meet overflow requirements and the capacity of the wastewater treatment plant to meet the discharge requirements attributed to them;

(3)  storm water flows and strategies; and

(4)  the program to monitor industrial discharges into the sewer networks.

O.C. 635-2008, s. 11; O.C. 1033-2011, s. 8.

12. If activities in a category in Schedule III to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) were carried on on sites where work must be carried out or on sites that will be served by waterworks or sewers, a preliminary site characterization report (phase I) must be attached to the 5-year waterworks and sewer plan. Section 31.67 of the Act applies to the report.

If the sites where work must be carried out are not to change use and are not subject to Division IV.2.1 of the Act, the 5-year plan specifies the activities covered by Schedule III to the Land Protection and Rehabilitation Regulation that were carried on on adjoining land.

O.C. 635-2008, s. 12.

13. The 5-year waterworks and sewer plan must be signed by an engineer who is a member of the Ordre des ingénieurs du Québec.

O.C. 635-2008, s. 13.

14. The application for authorization of the 5-year waterworks and sewer plan must be accompanied by a certified copy of the resolution of the municipality

(1)  designating the person entitled to file the application for authorization with the Minister; and

(2)  certifying that the 5-year waterworks and sewer plan complies with the planning program in force.

If the jurisdiction in the matter comes under the boroughs of a municipality, the resolution referred to in the first paragraph is that of the competent authority of the borough.

O.C. 635-2008, s. 14.

15. An authorization issued by the Minister pursuant to this Chapter is valid for 5 years.

O.C. 635-2008, s. 15.

16. No person may undertake work covered by this Chapter unless an engineer who is a member of the Ordre des ingénieurs du Québec has certified that the work has installation drawings and specifications that are in conformity with the 5-year plan authorized by the Minister.

The certification must be given to the municipality or, where applicable, the borough, before the beginning of the work.

O.C. 635-2008, s. 16.

17. The owner must appoint an engineer who is a member of the Ordre des ingénieurs du Québec to monitor the work covered by this Chapter.

The engineer must certify that the work carried out under this Chapter was carried out in conformity with the installation drawings and specifications and, where applicable, Chapter IV. The engineer must also give to the municipality or, where applicable, the borough, within 90 days of the end of the work, the certification and the as-built plan, that is, a document integrating all the alterations made to works during the carrying out of work, including alterations related to their design.

O.C. 635-2008, s. 17.

18. The certificates referred to in sections 16 and 17 must be prepared on the form provided by the Minister.

O.C. 635-2008, s. 18.

19. The municipality or, where applicable, the borough, must keep the certificates referred to in this Chapter and the plans referred to in section 17 for a minimum period of 10 years after completion of the work and make them available to the Minister on request.

O.C. 635-2008, s. 19.

CHAPTER IV SPECIAL STANDARDS FOR THE CARRYING OUT OF CERTAIN WORK

20. Subject to the second paragraph, if there is excavation, on-site soil must be reused in accordance with the Soil Protection and Contaminated Sites Rehabilitation Policy, published by Les Publications du Québec and accessible at http://www.mddep.gouv.qc.ca.

Bedding and surround soil for water mains must be clean. The covering of the clean soil over a main must be at least 30 cm deep.

Surplus excavated materials must be treated, reclaimed or disposed of in compliance with the Act.

O.C. 635-2008, s. 20.

21. The work referred to in sections 4, 5 and 10 that is covered by standard specification BNQ 1809-300 — Travaux de construction — Clauses techniques générales — Conduites d’eau potable et d’égout, must be carried out in accordance with the most recent edition of that specification, except its Chapter 12.

The standard specification is used as a minimum baseline. A specification separate from the standard specification may be used as long as the clauses of the specification do not lower the clauses of the standard specification.

O.C. 635-2008, s. 21.

22. The work referred to in sections 4 and 5 that cannot be carried out in accordance with section 21 must be authorized by the Minister in accordance with section 32 of the Act.

O.C. 635-2008, s. 22.

23. The products and materials used for the work referred to in section 4, paragraphs 1 and 2 of section 5.1 and section 10 that come in contact with drinking water must comply with the safety requirements in the most recent edition of NQ Standard 3660-950 — Safety of Products and Materials in Contact with Drinking Water.

Despite the first paragraph, the requirement for compliance with NQ Standard 3660-950 applies only as of 1 April 2013 for the work referred to in paragraphs 2 to 4 of section 4, paragraphs 1 and 2 of section 5.1 and subparagraph b of subparagraph 1 of the first paragraph of section 10.

O.C. 635-2008, s. 23; O.C. 1033-2011, s. 9.

CHAPTER V MISCELLANEOUS

24. Every person who contravenes section 5.2, 8, 9 to 9.4, 16, 17, 20, 21 or 23 commits an offence and is liable

(1)  to a fine of $2,000 to $20,000 for a first offence and $4,000 to $40,000 for a subsequent offence in the case of a natural person; or

(2)  to a fine of $6,000 to $120,000 for a first offence and $12,000 to $240,000 for a subsequent offence in the case of a legal person.

O.C. 635-2008, s. 24; O.C. 1033-2011, s. 10.

25. (Revoked).

O.C. 635-2008, s. 25; O.C. 1033-2011, s. 11.

26. (Amendment integrated into R.R.Q., 1981, c. Q-2, r. 7).

O.C. 635-2008, s. 26.

27. The Minister is to report to the Government on the implementation of this Regulation at the latest by 15 June 2015 and thereafter every 7 years.

The report is to be made available to the public not later than 15 days after being sent to the Government.

O.C. 635-2008, s. 27.

28. (Omitted).

O.C. 635-2008, s. 28.

REFERENCES

O.C. 635-2008, 2008 G.O. 2, 2561

O.C. 1033-2011, 2011 G.O. 2, 3025