q-2, r. 20 - Regulation respecting used tire storage

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter Q-2, r. 20

Regulation respecting used tire storage

Environment Quality Act

(chapter Q-2, ss. 31, 53.30, 70, 115.27, 115.34 and 124.1).

DIVISION I DEFINITIONS AND SCOPE

O.C. 29-92, Div. I; O.C. 918-2000, s. 1.

1. For the purposes of this Regulation, “used tire” means any tire that cannot be used for the use for which it was intended, in particular because of wear, damage or defect. Tires cut into pieces or shredded are also considered used tires.

In addition, “reclamation” has the meaning assigned by section 53.1 of the Environment Quality Act (chapter Q-2).

O.C. 29-92, s. 1; O.C. 918-2000, s. 2.

1.1. This Regulation applies to any person or municipality storing used tires in an open-air site where that site contains at least 2,000 used tires or at least 136 m3 of used tires.

Divisions I.1, VI, VII and VIII do not apply to the used tire reclamation businesses that store such tires if those businesses hold a certificate of authorization issued under section 22 of the Act.

O.C. 918-2000, s. 2.

DIVISION I.1 PROVISIONS RELATED TO THE PERMANENT STORAGE OF USED TIRES

1.2. No person may establish or enlarge a used tire storage site.

For the purposes of this section, the enlargement of a storage site includes any change that leads to an increase in the storage capacity of the site.

O.C. 918-2000, s. 2.

1.3. No person may accumulate or continue the accumulation of used tires in a storage site, except the persons and municipalities that, on 30 April 2000, were holders of a certificate of authorization or a certificate of conformity for a used tire storage site. In that case, the accumulation may not continue after 30 June 2002.

Notwithstanding the foregoing, no person may, from 24 August 2000 accumulate or continue the accumulation of used tires from outside Québec.

O.C. 918-2000, s. 2.

1.4. Any person or municipality storing used tires shall, not later than 31 December 2008, have cleared the storage site and restore it to the conditions it was in before it was used for storing used tires. In addition, the person or municipality shall, in respect of the tires accumulated on 24 August 2000, have cleared the site of 20% of the tires before 31 December 2003 and of 50% of the tires before 31 December 2005.

Every person or municipality referred to in the first paragraph shall, not later than 24 February 2001, forward to the Minister, for approval, a plan of the measures he or it intends to take to clear the storage site and restore it.

O.C. 918-2000, s. 2.

DIVISION I.2 PROVISIONS SPECIFIC TO RECLAMATION BUSINESSES

O.C. 918-2000, s. 2.

1.5. A used tire reclamation business may not store more tires than necessary for its operation for a period not exceeding 6 months.

O.C. 918-2000, s. 2.

DIVISION II FIRE PREVENTION AND EMERGENCY MEASURES PLAN

O.C. 29-92, Div. II ; O.C. 492-2000, s. 6; O.C. 918-2000, s. 3.

2. A person or a municipality storing used tires shall submit to the Minister of Sustainable Development, Environment and Parks a fire prevention and emergency measures plan that contains the following information and documents:

(1)  in the case of a natural person, the person’s name, postal address and telephone number;

(2)  in the case of a partnership or legal person, its name, its head office and the official capacity of the signatory of the application as well as a certified copy of a document from the board of directors or the partners authorizing the filing of a fire prevention and emergency measures plan;

(3)  in the case of a partnership, the name, domicile and postal address of the partners or the name of a legal person associated therewith as well as the legal person’s head office;

(4)  in the case of a legal person, the name, domicile and postal address of the directors and officers;

(5)  in the case of a municipality, a certified copy of a resolution by the municipality authorizing the filing of a fire prevention and emergency measures plan;

(6)  the cadastral designation of the lots on which the storage site shall be established or altered;

(7)  a copy of the document, title, contract agreement, or expropriation notice granting the person or the municipality a right of ownership or right of use of the lots on which the storage site shall be established or altered;

(8)  a topographic or cadastral map at a scale of 1:20 000 or a current aerial photograph with the scale indicated, representing the territory within a 2-km radius of the lots referred to in paragraph 6 and indicating:

(a)  the delimitation of the lots in question;

(b)  the current use and the zoning of the neighbouring territory for a distance of 500 m around the lots in question;

(c)  the location of public roads and access roads, watercourses, lakes, ponds, marshes and flood-risk areas mapped or identified by the regional county municipality land use planning and development plan and having a flood recurrence of 20 years or less, situated in that territory;

(d)  the location of wooded areas, springs and wells supplying municipal water intakes and known recharge areas, dwellings and other constructions located in that territory;

(e)  the current drainage configuration and the general topography of the terrain;

(f)  a description of the condition of the terrain before its use for tire storage;

(g)  the location of fire hydrants and every other water source that can be used for fighting a fire;

(h)  the minimum flow of water available year round from every water source that can be used for fighting a fire;

(9)  a map at a scale of 1:2 000 or greater, indicating:

(a)  the measurements and surface area of the lots in question;

(b)  the topography of the terrain with contour lines at intervals of not more than 1 m;

(c)  the runoff water drainage system adapted to the general topography of the terrain ensuring that the water is contained in the event of a fire;

(d)  the location of current and planned facilities and buildings, where applicable;

(e)  the location, the phases of the carrying out, the numbering and the dimensions of the tire islands, including the traffic areas;

(f)  except for reclamation businesses for which only total capacity is required, the total number of stored tires and the total storage capacity on all the lots;

(g)  the location of the buffer zone provided for between the limits of the storage area and the neighbouring land occupied by a person other than the person or the municipality storing the used tires;

(h)  the location and the dimensions of the handling area, identifying the areas reserved for loading, unloading, sorting, processing, shredding and storing tires intended for recapping and resale;

(i)  the location and the dimensions of the access roads leading to the storage area and of the road encircling the storage area;

(j)  the location and the dimensions of the fence encircling the storage area and where appliable, the handling area;

(10)  a description of the equipment used in sorting and processing used tires and a description of the measures provided for maintenance, repair and replacement of equipment and tools used to prevent or to fight fires;

(11)  the name, address and telephone number of the person in charge of the fire prevention and emergency measures plan and responsible for providing access to the storage site to a representative of the Minister in an emergency where that person may be reached at all times;

(12)  a description of the roles and responsibilities of the emergency crew members;

(13)  a description of the telecommunications system and of the procedure for calling emergency crew members or their substitutes, including the order of calls and their telephone numbers, and those of the municipal fire department, of a representative of the municipality where the storage site is located, and of the regional coordinator of emergency measures of the Ministère du Développement durable, de l’Environnement et des Parcs;

(14)  a detailed scenario of interventions in case of fire that must include, at least, the following items:

(a)  the layout of a security perimeter;

(b)  the obtaining of weather conditions and forecast;

(c)  criteria and measures for evacuating the population;

(d)  measures for fighting a fire;

(e)  the containment and recovery of contaminated water and pyrolysis oils;

(f)  the recovery of contaminated soils;

(g)  follow-up measures for contaminated water, pyrolysis oils, the smoke plume and contaminants in the air;

(15)  a copy of the service agreements with external resources in case of emergency;

(16)  a description of testing, updating and revision procedures for the fire prevention and emergency measures plan.

O.C. 29-92, s. 2; O.C. 492-2000, s. 6; O.C. 918-2000, s. 4.

3. A person or a municipality storing used tires shall forward in writing the fire prevention and emergency measures plan referred to in section 2, and any changes to the plan, to a representative of the Minister of Public Security, to local municipality authorities, where applicable, and to those of the regional county municipality where the storage site is located, as well as to all the emergency crew members.

Notwithstanding the foregoing, changes to the plan related to the number of tires may only be forwarded once a year.

O.C. 29-92, s. 3; O.C. 492-2000, s. 6; O.C. 918-2000, s. 5.

4. A person or a municipality storing used tires shall keep, on the storage site, a copy of the fire prevention and emergency measures plan and its changes.

O.C. 29-92, s. 4; O.C. 492-2000, s. 6; O.C. 918-2000, s. 5.

5. A person or a municipality storing used tires shall, within 30 days, notify in writing the Minister of any change to the information or documents provided for the fire prevention and emergency measures plan, and to the guarantee required under section 13.

Notwithstanding the foregoing, changes to the plan related to the number of tires may only be forwarded once a year.

O.C. 29-92, s. 5; O.C. 492-2000, s. 6; O.C. 918-2000, s. 5.

5.1. Any person who accidentally sets fire to used tires shall, without delay, take the necessary measures to fight the fire, alert the fire department of the local municipality and notify the Minister thereof.

O.C. 918-2000, s. 5.

6. (Revoked).

O.C. 29-92, s. 6; O.C. 492-2000, s. 6.

7. (Revoked).

O.C. 29-92, s. 7; O.C. 492-2000, s. 6.

8. (Revoked).

O.C. 29-92, s. 8; O.C. 492-2000, s. 6.

9. (Revoked).

O.C. 29-92, s. 9; O.C. 492-2000, s. 6.

10. (Revoked).

O.C. 29-92, s. 10; O.C. 492-2000, s. 6.

11. (Revoked).

O.C. 29-92, s. 11; O.C. 918-2000, s. 6.

12. (Revoked).

O.C. 29-92, s. 12; O.C. 492-2000, s. 6; O.C. 918-2000, s. 6.

DIVISION IV GUARANTEE

13. A person or a municipality storing used tires shall provide the Minister of Sustainable Development, Environment and Parks with a guarantee that complies with the provisions of sections 14 to 20.

The amount of the guarantee shall be $2 per tire stored on 24 August 2000 up to $100,000. Notwithstanding the foregoing, in the case of the holder of a certificate of authorization issued under section 22 of the Act, the amount of the guarantee shall be $2 per tire that the holder is authorized to store up to $100,000.

That guarantee shall remain in force as long as used tires are stored and until the conditions for closing the storage site provided for in section 17 are fulfilled.

O.C. 29-92, s. 13; O.C. 492-2000, s. 6; O.C. 918-2000, s. 7.

14. The guarantee shall ensure that:

(1)  the storage site will be set up in accordance with the Act, the regulations and the orders made under the Act;

(2)  the Minister will be reimbursed for the cost of works that the Minister executes or causes to be executed in the cases mentioned in sections 113, 115 and 115.1 of the Act.

O.C. 29-92, s. 14; O.C. 492-2000, s. 6; O.C. 918-2000, s. 8.

15. The guarantee shall be furnished in the form of:

(1)  cash or a certified cheque made out to the Minister of Finance;

(2)  bearer bonds, realizable at any time, issued or guaranteed by the Government of Canada, of Québec or of the person’s province of origin, or by a municipality, and having a market value at least equal to the amount of the guarantee required;

(3)  a solidary deed in the form of security or of a guarantee policy, with a waiver of the benefits of discussion and of division, issued by a banking institution, a savings and credit union or an insurer holding a permit issued under Chapter I of Title IV of the Act respecting insurance (chapter A-32);

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

O.C. 29-92, s. 15; O.C. 492-2000, s. 6; O.C. 918-2000, s. 9.

16. Where the guarantee is furnished in cash, by certified cheque or in the form of bearer bonds, the sum of money or the securities shall remain on deposit with the Minister of Finance as long as used tires are stored to ensure that the conditions for closing the storage site , provided for in section 17, are fulfilled.

O.C. 29-92, s. 16; O.C. 492-2000, s. 6; O.C. 918-2000, s. 10.

17. Where the guarantee is furnished in the manner referred to section 16, the person or the municipality storing used tires and covered by this Regulation shall close the storage site on the conditions set out in section 1.4.

A person or a municipality storing used tires shall notify the Minister of Sustainable Development, Environment and Parks of the date on which the site will close, at least 4 months before the expiry of the period during which the guarantee remains on deposit with the Minister of Finance.

O.C. 29-92, s. 17; O.C. 492-2000, s. 6; O.C. 918-2000, s. 11.

18. Where the guarantee is provided in the form of security, a guarantee policy or a letter of credit, it shall have a term of at least 12 months.

The guarantee shall include a clause fixing a limit of not less than 6 months following the expiry of the guarantee during which time a claim may be filed relative to the person or the municipality storing used tires failing to perform a secured action before the expiry of the guarantee or relative to the person or the municipality storing used tires failing to comply with the conditions for closing the storage site provided for in section 17.

At least 15 days before the expiry of the guarantee, the person or the municipality storing used tires shall forward a renewed guarantee with a term of at least 12 months. Failing such renewal, the permit holder shall provide an equivalent guarantee in one of the forms described in section 15.

O.C. 29-92, s. 18; O.C. 492-2000, s. 6; O.C. 918-2000, s. 12.

19. Where the guarantee is furnished under section 18, section 17 applies, with the necessary modifications.

O.C. 29-92, s. 19; O.C. 918-2000, s. 13.

20. Where a guarantee contract contains a revocation, termination or cancellation clause, it shall also provide that the guarantor will inform the Minister of such revocation, termination or cancellation at least 2 months before the day on which that clause is to take effect.

O.C. 29-92, s. 20.

DIVISION V

(Revoked)

O.C. 29-92; O.C. 918-2000, s. 14.

21. (Revoked).

O.C. 29-92, s. 21; O.C. 918-2000, s. 14.

DIVISION VI INSTALLATION STANDARDS

22. The person or the municipality storing used tires site shall install at that site a runoff water drainage system adapted to the general topography of the terrain ensuring that the water is contained in the event of a fire.

O.C. 29-92, s. 22; O.C. 918-2000, s. 15.

23. The person or the municipality storing used tires shall set up at the storage site a storage area, a traffic area and a buffer zone. He or it may also set up a handling area.

O.C. 29-92, s. 23; O.C. 918-2000, s. 16.

24. The person or the municipality storing used tires shall build 2 access roads to the storage area separated by a distance of at least 35 m and a road encircling the storage area.

The road encircling the storage area shall be located at least 5 m from each tire island and from the fence provided for in section 31.

The access roads and the road encircling the storage area shall be passable and accessible at all times and in all seasons, be at least 5 m wide and be constructed so that they can support a truck bearing a load of at least 20 metric tons. The road encircling the storage area may be wholly or partially integrated into the traffic area provided for in section 27.

O.C. 29-92, s. 24; O.C. 918-2000, s. 17.

25. The person or the municipality storing used tires shall divide the part of the site intended for used tire storage into islands.

Each island shall have an area of not more than 900 m2 and a height of not more than 4 m.

O.C. 29-92, s. 25; O.C. 918-2000, s. 17.

26. The person or the municipality storing used tires shall set up the islands on a part of the terrain where the gradient is less than 5%.

O.C. 29-92, s. 26; O.C. 918-2000, s. 17.

27. The person or the municipality storing used tires shall set up a traffic area around each island at least 15 m wide to allow for the passage of vehicles.

O.C. 29-92, s. 27; O.C. 918-2000, s. 17.

28. The person or the municipality storing used tires shall provide a buffer zone at least 20 m wide between the boundaries of the storage area and the adjacent land occupied by a person other than the storage site operator.

Where a handling area is set up at the storage site, the buffer zone shall be at least 35 m wide between the boundaries of the handling area and the adjacent land occupied by a person other than the person or the municipality storing used tires on the storage site. The traffic area encircling the handling area provided for in section 29 may be totally or partially integrated into the buffer zone.

O.C. 29-92, s. 28; O.C. 918-2000, s. 17.

29. The person or the municipality storing used tires may install at a storage site a handling area reserved for loading, unloading, sorting, processing, shredding or storing tires intended for recapping and resale.

That handling area shall be located at least 35 m from the right of way of a public road and shall be encircled by a traffic area at least 15 m wide. The traffic area may be wholly or partially integrated into the road encircling the storage area provided for in section 24.

O.C. 29-92, s. 29; O.C. 918-2000, s. 18.

30. The person or the municipality storing used tires shall maintain the storage, handling and traffic areas free at all times of brush, hay, bushes or other inflammable materials.

O.C. 29-92, s. 30; O.C. 918-2000, s. 19.

31. The person or the municipality storing used tires shall install a fence completely encircling the storage area and, where applicable, the handling area. That fence shall be at least 1.80 m high and shall be constructed with close-meshed wire fencing and with 3 rows of barbed wire extending outwards at the top. The meshes shall measure not more than 50 mm across and the wire shall be not less than 3.5 mm in diameter.

O.C. 29-92, s. 31; O.C. 918-2000, s. 19.

32. The person or the municipality storing used tires shall put a padlock on each gate in the fence.

O.C. 29-92, s. 32; O.C. 918-2000, s. 19.

33. The person or the municipality storing used tires shall exercise continuous surveillance during business hours at the storage site.

O.C. 29-92, s. 33; O.C. 918-2000, s. 19.

DIVISION VII PROTECTION OF PROPERTY USED FOR TIRE STORAGE

34. The person or the municipality storing used tires in a storage site shall install a heated shelter.

O.C. 29-92, s. 34; O.C. 918-2000, s. 19.

35. The person or the municipality storing used tires shall install at the storage site a telecommunications system to alert the fire department of the municipality in whose territory the site is located.

O.C. 29-92, s. 35; O.C. 918-2000, s. 19.

36. The person or the municipality storing used tires shall post a notice at the entrance to the storage site showing the following information in lettering 10 cm high:

(1)  PNEUS HORS D’USAGE;

(2)  the telephone number of the environmental emergency service of the Ministère du Développement durable, de l’Environnement et des Parcs serving the part of Québec in which the storage site is located;

(3)  the telephone number of the municipal fire department;

(4)  the hours during which the storage site is open for business;

(5)  PERSONNEL AUTORISÉ SEULEMENT.

O.C. 29-92, s. 36; O.C. 918-2000, s. 19.

37. (Revoked).

O.C. 29-92, s. 37; O.C. 918-2000, s. 20.

38. (Revoked).

O.C. 29-92, s. 38; O.C. 918-2000, s. 20.

39. The person or the municipality storing used tires shall allow only duly authorized persons identified in the register provided for in section 44 to have access to the storage site.

O.C. 29-92, s. 39; O.C. 918-2000, s. 21.

40. The person or the municipality storing used tires shall:

(1)  keep at his disposal portable fire extinguishers of an approved type, UL, ULC or FM, containing PHIREX + foam or its equivalent; the extinguishers shall have a total extinguishing capacity equal to or greater than 20A, 60B;

(2)  maintain the portable fire extinguishers in proper working order;

(3)  store the portable fire extinguishers inside the heated shelter;

(4)  identify the location of the portable fire extinguishers.

O.C. 29-92, s. 40; O.C. 918-2000, s. 21.

41. The person or the municipality storing used tires shall have at its disposal, within each internal combustion utility vehicle used at the storage site, a dry cheminal fire extinguisher with a capacity of at least 5 kg and shall maintain it in proper working order.

O.C. 29-92, s. 41; O.C. 918-2000, s. 21.

42. The person or the municipality storing used tires, in addition to the layer of sand or earth of which the storage site may be constituted, shall have at his or its disposal, at the storage site, the quantity of sand, earth or any other equivalent inert granular material necessary for carrying out the interventions provided for in the detailed scenario prescribed by paragraph 14 of section 2.

O.C. 29-92, s. 42; O.C. 918-2000, s. 22.

43. The person or the municipality storing used tires shall maintain in proper working order the movable and immovable property used for tire storage and the works and equipment used to protect that property.

O.C. 29-92, s. 43; O.C. 918-2000, s. 23.

DIVISION VIII REGISTER

44. A person or a municipality storing used tires who or that establishes, alters or operates a storage site shall keep a register up to date in which he or it lists:

(1)  the quantity of used tires stored;

(2)  the quantity of used tires transported to the storage site and the quantity removed from and transported away from the storage site;

(3)  the origin and destination of the used tires;

(4)  the names of the persons authorized to have access to the storage site.

The person or the municipality storing used tires shall keep that register for at least 2 years after the date of the last entry. The register shall be made available to the Minister on request.

O.C. 29-92, s. 44; O.C. 918-2000, s. 24.

DIVISION IX PENALTIES

45. Any natural person who violates section 3 or 44 is liable to a fine of not less than $1,500 nor more than $5,000 in the case of a first offence, and not less than $5,000 nor more than $10,000 in the case of a second or subsequent offence.

Any legal person that violates section 3 or 44 is liable to a fine of not less than $5,000 nor more than $20,000 in the case of a first offence, and not less than $20,000 nor more than $40,000 in the case of a second or subsequent offence.

O.C. 29-92, s. 45; O.C. 492-2000, s. 6; O.C. 918-2000, s. 25.

46. (Obsolete).

O.C. 29-92, s. 46; O.C. 918-2000, s. 26.

47. Any natural person who violates any of sections 1.2 to 1.4, 5.1, 13, 16 to 19, 22 to 43 and 51 is liable to a fine of not less than $7,000 nor more than $15,000 in the case of a first offence, and not less than $15,000 nor more than $30,000 in the case of a second or subsequent offence.

Any legal person that violates any of sections 1.2 to 1.4, 5.1, 13, 16 to 19, 22 to 43 and 51 is liable to a fine of not less than $25,000 nor more than $100,000 in the case of a first offence, and not less than $100,000 nor more than $200,000 in the case of a second or subsequent offence.

O.C. 29-92, s. 47; O.C. 918-2000, s. 27.

DIVISION X TRANSITIONAL AND FINAL

48. A used tire reclamation business that, on 24 August 2000 held a certificate of conformity for a used tire storage site shall, within 6 months following that date, submit an application for a certificate of authorization to the Minister, in accordance with section 22 of the Act, to include the layout and operation of that used tire storage site in the tire reclamation activities. It is not necessary to again submit information and documents identical to those already provided with a view to obtaining the certificate previously issued. It shall be sufficient to indicate that there has been no change in those data.

O.C. 29-92, s. 48; O.C. 918-2000, s. 28.

49. (Obsolete).

O.C. 29-92, s. 49; O.C. 918-2000, s. 28.

50. (Revoked).

O.C. 29-92, s. 50; O.C. 918-2000, s. 29.

51. (Obsolete).

O.C. 29-92, s. 51.

52. 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. 29-92, s. 52.

53. (Omitted).

O.C. 29-92, s. 53.

REFERENCES

O.C. 29-92, 1992 G.O. 2, 485

O.C. 492-2000, 2000 G.O. 2, 2090

O.C. 918-2000, 2000 G.O. 2, 4182