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B.C. Reg. 202/94
O.C. 832/94
Deposited June 23, 1994
This consolidation is current to November 13, 2018.

Environmental Management Act

Public Notification Regulation

[includes amendments up to B.C. Reg. 321/2004]

Contents
1Interpretation
2Application for a permit, approval or amendment
3Information respecting the application
4Duties of the applicant and director
5Posting requirements
6Publication and notice requirements
7Notice by concerned persons
8Clarification of application
9Repealed
Schedule A
Schedule B

Interpretation

1   (1) In this regulation:

"Act" means the Environmental Management Act;

"discharge" means the total amount of a solid, liquid or gaseous material introduced into the environment from works;

"emission" means the total amount of a solid, liquid or gaseous material emitted into the atmosphere from works;

"hazardous waste treatment or disposal project" means a facility, operation or activity

(a) in relation to which an application for a permit or approval has been made, and

(b) at which hazardous waste is or will be treated or disposed of,

but does not include

(c) a storage facility without any associated treatment or disposal, or

(d) a facility for treating hydrocarbon fuel or oil contaminated wastes using biological organisms or vapour extraction techniques;

"reviewable project" has the same meaning as in the Environmental Assessment Act;

"significant amendment" means an amendment to a permit or approval which is not a minor amendment as defined in subsection (2).

(2) In this regulation "minor amendment" means an amendment to a permit or approval for any of the following purposes:

(a) a change of ownership or name;

(b) a change of legal address or mailing address;

(c) a decrease in the authorized quantity of the discharge, emission or stored material;

(d) an increase in the authorized quantity of the discharge, emission or stored material that does not exceed 10% of the authorized quantity;

(e) a change in the authorized quality of the discharge, emission or stored material such that, in the opinion of a director, the change has or will have less impact on the environment;

(f) a change in a monitoring program;

(g) a change to the works, method of treatment or any other condition of a permit or approval such that, in the opinion of a director, the change has or will have less impact on the environment.

[am. B.C. Reg. 321/2004, s. 24 (a) to (c).]

Application for a permit, approval or amendment

2   (1) Every person who applies for a permit or approval must make an application on a form supplied by a director, sign and date the application and provide the following information:

(a) the name, address and postal code of the applicant;

(b) a clear description of the source and location of the waste, including any commonly known name of the plant, operation or storage facility;

(c) if applicable, the legal description of the land or the premises where the plant, operation or source and treatment works are or will be located;

(d) the legal description of the place where the waste is or will be discharged or emitted or the storage is or will be located;

(e) a description of the waste in general terms based on the origin or nature of the operation that produced it;

(f) the characteristics of the waste in specific terms including the content of potential pollution causing substances expressed in metric scientific units;

(g) the volume of material to be discharged, emitted or stored during a specific time period.

(2) If a holder of a permit or approval proposes to make a significant amendment, that person must make an application on a form supplied by a director, sign and date the application and provide the following information:

(a) the name, address and postal code of the applicant;

(b) identification of the permit or approval to be amended, identified by permit or approval number and date of issue and, if applicable, the date last amended;

(c) the name and a clear description of the source of the waste;

(d) a clear description of the changes in the permit or approval being requested.

(3) If a person who holds a permit or approval proposes to make a minor amendment, that person must write to the director who issued the permit or approval indicating the desired changes.

(4) An application under this section must be submitted to a director by the applicant or the applicant's agent and, unless the director requires otherwise, an obligation imposed by this regulation on an applicant may be carried out by the applicant's agent.

[am. B.C. Reg. 321/2004, s. 24 (c).]

Information respecting the application

3   The applicant must, on the request of a director, provide the director with one or more of the following:

(a) particulars concerning the applicant's title to the works and the land on which the waste originates;

(b) details of the works;

(c) a description of all lands on which it is proposed to construct the works;

(d) information respecting any other matter the director considers relevant to the application.

[am. B.C. Reg. 321/2004, s. 24 (c).]

Duties of the applicant and director

4   (1) Every person who applies for a permit or approval must give notice of the application as set out in Column 3 of Schedule A.

(2) Every person who applies for an amendment to a permit or approval must give notice of the application as set out in Column 4 of Schedule A.

(3) Despite subsections (1) and (2), if, in the opinion of a director, any method of giving notice as specified in Schedule A is not adequate or practical, the director may, within 14 days of receipt of the application, require an applicant to give notice of the application by another method that, in the opinion of the director, is more effective.

(4) When a director makes a decision to issue or amend a permit or approval, the director must give notice of the decision as set out in Column 5 of Schedule A.

(5) Despite subsection (4), if, in the opinion of the director, any method of giving notice as specified in Column 5 is not adequate or practical, the director may give notice of the decision by another method that, in the opinion of the director, is more effective.

(6) A director must, at least 14 days before an operational certificate or amended operational certificate is issued,

(a) give written notice to the person to be named in the operational certificate or amended operational certificate of the director's intention to issue the operational certificate or amended operational certificate, and

(b) do one or more of the following:

(i) serve a copy of the notice given under paragraph (a) on every person who, in the opinion of the director, may be adversely affected by the discharge, emission or storage of recyclable material or waste;

(ii) post a copy of the notice given under paragraph (a) in one or more post offices serving the area affected by the discharge, emission or storage of recyclable material or waste;

(iii) publish a copy of the notice given under paragraph (a) in one or more local newspapers.

[am. B.C. Reg. 321/2004, s. 24 (c).]

Posting requirements

5   (1) If Schedule A requires that an application be posted, the applicant must do all of the following:

(a) within 15 days after the date of the application, post a readable copy of the application in a conspicuous place at all main road entrances to the property;

(b) keep the copy posted for a period of not less than 30 days;

(c) state in writing to a director the date the copy of the application was posted.

(2) If Schedule A requires that an application be posted on a billboard, the applicant must post the application as prescribed in Schedule B.

(3) The billboard referred to in subsection (2) must be of a design and construction, and of sufficient durability, so as to be clearly identifiable and readable during daylight hours for the duration of the posting period.

(4) Despite any posting instructions in Schedule A to the contrary, a director may require an applicant to post the application on a billboard.

[am. B.C. Reg. 321/2004, s. 24 (c).]

Publication and notice requirements

6   (1) If Schedule A requires that an application be published in the British Columbia Gazette Part I, a director will publish the application at the applicant's expense.

(2) If Schedule A requires that an application be published in one or more local newspapers, a director will specify the newspaper or newspapers in which the application must be published.

(3) For the purposes of subsection (2), the applicant must, at the applicant's expense, publish the application in an advertisement that

(a) is at least 10 centimetres in width,

(b) is at least 100 square centimetres in area,

(c) is entitled "ENVIRONMENTAL PROTECTION NOTICE" in a minimum type size of 12 points, and

(d) has the text of the application in a minimum type size of 8 points.

(4) The applicant must, within 30 days after the date of publication, provide to the director a copy of the full page tear sheet as proof that the application was published.

(5) If, in the opinion of a director, newspaper coverage is insufficient to notify local residents about the application, the director may require the applicant to post a copy of the application in one or more post offices serving the area affected by the application.

(6) If Schedule A requires that notice be given to residents and owners of property, the applicant must

(a) mail or deliver a copy of the application to each resident and owner of property immediately adjacent to the property under application,

(b) mail or deliver a copy of the application to each resident and property owner within an area specified by the director, and

(c) provide proof to the director, within 30 days after the date of the application, of the mailing or delivery required by paragraphs (a) and (b).

(7) If Schedule A requires that notice be given to a municipality, the applicant must

(a) mail or deliver a copy of the application to the clerk of the municipality and the secretary of the regional district in which the discharge, emission or storage is located, and

(b) provide proof to a director, within 30 days after the date of the application, of the mailing or delivery required by paragraph (a).

(8) If the applicant does not own the property associated with the discharge, emission or storage, the applicant must

(a) mail or deliver a copy of the application to the owner of the property, and

(b) provide proof to a director, within 30 days after the date of the application, of the mailing or delivery required by paragraph (a).

(9) A director may require the applicant to

(a) mail or deliver a copy of the application to any other person, agency or group who, in the opinion of the director, would have an interest in the application, and

(b) provide proof to the director, within 30 days after the date of the application, of the mailing or delivery required by paragraph (a).

[am. B.C. Reg. 321/2004, s. 24 (c) and (d).]

Notice by concerned persons

7   (1) A person who may be adversely affected by the granting of a permit, approval or operational certificate, or by the granting of an amendment to a permit, approval or operational certificate, may, within 30 days after the last date of posting, publishing, service or display required by this regulation, notify a director in writing stating how that person is affected.

(2) The director may take into consideration any information received after the 30 day period prescribed by subsection (1) if the director has not made a decision on the permit, approval or operational certificate.

[am. B.C. Reg. 321/2004, s. 24 (c).]

Clarification of application

8   (1) The applicant must, if required by a director, offer to meet with any person or persons who, in the opinion of the director, may be adversely affected by the discharge, emission or storage, to explain and clarify the intent of the application and to describe the discharge, emission or storage and its potential effect on the receiving environment.

(2) The director may specify the form, location, time, date, agenda and any other details of the meeting required by subsection (1).

[am. B.C. Reg. 321/2004, s. 24 (c).]

Repealed

9   Repealed. [B.C. Reg. 321/2004, s. 24 (e).]

Schedule A

[am. B.C. Reg. 321/2004, s. 24 (c) and (f).]

Notification, Posting and Publication Requirements

Column 1Column 2Column 3Column 4Column 5
Type of AuthorizationType of ProjectApplication for a New Permit or ApprovalApplication for an Amendment to a Permit or ApprovalNotice of Decision to Issue or Amend a Permit or Approval (excluding minor amendments)
Significant AmendmentMinor Amendment
PermitHazardous Waste Treatment or Disposal Project or Reviewable ProjectB,M,R,G,NB,M,R,G,NM,C
All other applicationsS,M,G,NS,M,G,NC
ApprovalHazardous Waste Treatment or Disposal Project or Reviewable ProjectB,M,NB,M,NC
All other applicationsAAA

Abbreviations:

M = give notice to municipalities, regional districts and chairpersons of waste management planning committees
R = give notice to residents and owners of property immediately adjacent to the property under application and within an area specified by a director
C = give notice to all persons who submitted written notification of concerns
S = post on site
B = post on site on a billboard as described and specified in Schedule B
G = publish in British Columbia Gazette Part I at the applicant's expense
N = publish in local newspaper(s) at the applicant's expense
A = as specified by a director

Schedule B

[am. B.C. Reg. 321/2004, s. 24 (g).]

Billboard for Posting Applications on Site

ENVIRONMENT PROTECTION
NOTICE


This site is the subject of an application for
a permit or approval under the Environmental Management Act.
For further details see the application posted below.
(post front of
application form
in this space)
(post back of
application form
in this space)
For further information contact the office of the Environmental
 Protection Program indicated on the application form.
Specifications:Dimensions of billboard:1 metre x 1 metre (minimum)
 Type size:120 point (minimum)
 Colours:Background - White
  Lettering - Black

Note: this regulation repeals B.C. Reg. 432/82.