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"Point in Time" Regulation Content

Environmental Management Act

Waste Discharge Regulation

B.C. Reg. 320/2004

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 3 April 20, 2012
Section 4 April 1, 2018
Section 4.1 March 2, 2016
Section 9 April 1, 2018
Section 10 April 1, 2018
Schedule 1 December 18, 2015
Schedule 2 September 16, 2010
March 30, 2012
December 18, 2015
March 2, 2016
February 28, 2019
February 28, 2019
Schedule 3 April 1, 2018

 Section 3 (1) definitions "domestic sewage" and "sewerage system" BEFORE repealed by BC Reg 87/2012, effective April 20, 2012.

"domestic sewage" has the same meaning as in the Sewerage System Regulation, B.C. Reg. 326/2004;

"sewerage system" has the same meaning as in the Sewerage System Regulation, B.C. Reg. 326/2004;

 Section 3 (2) BEFORE repealed by BC Reg 87/2012, effective April 20, 2012.

(2)  The discharge of domestic sewage to a sewerage system is exempt from the Act and the regulations if the Sewerage System Regulation applies to the construction and maintenance of the sewerage system and one or both of the following apply:

(a) the domestic sewage is not discharged into surface water, as defined in the Sewerage System Regulation, or marine waters;

(b) the discharge is from a sewerage system serving a single family residence or a duplex.

 Section 4 (3) (b) (i) and (ii) BEFORE amended by BC Reg 46/2018, effective April 1, 2018.

(i) the first annual fee calculated in accordance with section 9 (1), and

(ii) a written record of the fee calculation in a form approved by the director.

 Section 4 (4) (b) BEFORE amended by BC Reg 46/2018, effective April 1, 2018.

(b) the date that is 45 days after the date the person delivers the registration and fee under subsection (3) to a director.

 Section 4 (5) (a) BEFORE amended by BC Reg 46/2018, effective April 1, 2018.

(a) pay the annual fee calculated under section 9 (1) on each anniversary of the effective date of the registration, and

 Section 4 (6) (a) BEFORE amended by BC Reg 46/2018, effective April 1, 2018.

(a) on the day following an anniversary referred to in subsection (5) (a) if the annual fee was not paid in accordance with that subsection, or

 Section 4.1 BEFORE repealed by BC Reg 54/2016, effective March 2, 2016.

Exemption relating to produced water from coalbed gas operations

4.1   (1) A person who introduces produced water into the environment in the course of conducting a coalbed gas exploration and production industry is exempt from section 6 (2) and (3) of the Act in relation to the introduction of the produced water, but only if, in addition to the conditions in section 4 (1) of this regulation, all of the following conditions are met:

(a) the person's registration under section 4 of this regulation and section 8 of the relevant code of practice became effective before the date on which this section came into force;

(b) the produced water is from a well or test hole to which that registration relates;

(c) the production of water from that well or test hole began before that date;

(d) the coalbed gas exploration and production industry carried out by that person has not begun commercial production.

(2) In this section:

"produced water" has the same meaning as in the relevant code of practice;

"relevant code of practice" means the Code of Practice For The Discharge of Produced Water From Coalbed Gas Operations, B.C. Reg. 156/2005;

"test hole" means a test hole for which an authorization was granted under section 93 of the Petroleum and Natural Gas Act before the date on which this section came into force;

"well" means a well for which an authorization was granted under section 93 of the Petroleum and Natural Gas Act before the date on which this section came into force.

[en. B.C. Reg. 365/2008, s. (b).]

 Section 9 (1) (part), (4.1) and (6) BEFORE amended by BC Reg 46/2018, effective April 1, 2018.

(1) The annual fee for a registration under section 4 (2) is the sum of the following amounts:

(4.1) Despite subsection (1) (b), if neither the maximum discharge nor a calculation for maximum discharge is included in a code of practice and the minister has not exercised the authority under section 4 (2) (k) in relation to registrations under the applicable code, the first and subsequent annual fee for the purposes of section 4 (3) (b) and (5) (a) is the fee described in subsection (1) (a).

(6) If the annual fee in respect of a registration is changed by an order under section 7 (1) or (3), the change is effective on the next anniversary of the effective date of the registration.

 Section 10 BEFORE amended by BC Reg 46/2018, effective April 1, 2018.

Rebates of fees

10   A director may refund a fee paid under section 4 (3) (b) or (5) (a) only on a prorated basis and in the following circumstances:

(a) the registration under section 4 in respect of which the fee was paid is withdrawn by the person who paid the fee;

(b) the person has already paid an amount that under section 9 (3) the person was not required to pay.

 Schedule 1, section 2 definition of "burning or incineration of prohibited material" was added by BC Reg 245/2015, effective December 18, 2015.

 Schedule 1, table item 6.1 was added by BC Reg 245/2015, effective December 18, 2015.

 Schedule 2, table item 13 was added by BC Reg 263/2010, effective September 16, 2010.

 Schedule 2, section 1 (1) in the definition of "aquaculture - marine-based industry", paragraph (b) BEFORE repealed by BC Reg 60/2012, effective March 30, 2012.

(b) those engaged in operating saltwater fish farms (finfish aquaculture), and

 Schedule 2, section 1 (1) definition of "beverage industry" BEFORE amended by BC Reg 245/2015 effective December 18, 2015.

"beverage industry" means establishments, except home-based businesses, establishments of hobbyists and artisans and establishments providing goods, facilities or services to persons producing or manufacturing wine, beer or cider in the establishment for their own consumption or consumption at no charge by others, engaged in producing, or filling containers with, alcoholic or non-alcoholic beverages other than water;

 Schedule 2, table item 7 BEFORE amended by BC Reg 54/2016 effective March 2, 2016.

7Coalbed Gas Exploration and Production IndustryCode of Practice for the Discharge of Produced Water from Coalbed Gas Operations

 Schedule 2, section 1 (1) definition of "agricultural operations" BEFORE amended by BC Reg 7/2019, effective February 28, 2019.

"agricultural operations" means operations or activities carried out on farms for purposes of agriculture, including, but not limited to,

(a) producing or keeping livestock, poultry, farmed game, fur bearing animals, crops, grain, vegetables, milk, eggs, honey, mushrooms, horticultural products, trees, tree fruits or berries, and

(b) operating machinery and equipment for agricultural waste management or for applying fertilizers and soil conditioners;

 Schedule 2, table item 1, BEFORE amended by BC Reg 28/2019, effective February 8, 2019.

1Agricultural Operations

 Schedule 3 BEFORE re-enacted by BC Reg 46/2018, effective April 1, 2018.

Schedule 3

[am. B.C. Reg. 464/2004, s. 7.]

Table 1
Base Fees

Column 1
Type of Discharge
Column 2
Base Fee
Air$100.00
Effluent$100.00
Refuse$100.00
Storage$100.00

Table 2
Contaminant Fees for Air Emissions

Column 1
Contaminant
Column 2
Fee per Tonne Discharged
 if payment date before
March 31, 2005
if payment date April 1, 2005 —
March 31, 2006
if payment date after
April 1, 2006
Ammonia$14.69$15.74$16.78
Asbestos*$14.69$15.74$16.78
Carbon Monoxide$0.39$0.42$0.45
Chlorine and Chlorine Oxides expressed as chlorine dioxide equivalent$9.88$10.58$11.29
Fluorides$589.68$631.64$673.60
Hydrocarbons$14.69$15.74$16.78
Hydrogen Chloride$9.88$10.58$11.29
Metals$589.68$631.64$673.60
Nitrogen Oxides expressed as nitrogen dioxide equivalent$9.88$10.58$11.29
Phenols$14.69$15.74$16.78
Sulphur and Sulphur Oxides expressed as sulphur dioxide equivalent$11.44$12.25$13.07
Total Particulate$14.69$15.74$16.78
TRS$491.40$526.37$561.33
VOCs$14.69$15.74$16.78
Other contaminants not otherwise specified in this table$14.69$15.74$16.78

*Units of Asbestos are equivalent to cubic metres of air emissions per minute at a concentration of 2 fibres per cubic centimetre.

Table 3
Contaminant Fees for Effluent

Column 1
Contaminant
Column 2
Fee per Tonne Discharged
 if payment date before
March 31, 2005
if payment date
April 1, 2005 —
March 31, 2006
if payment date after
April 1, 2006
Ammonia$90.09$96.50$102.91
AOX$239.20$256.22$273.24
Arsenic$239.20$256.22$273.24
BOD$18.07$19.36$20.64
Chlorine$239.20$256.22$273.24
Cyanide$239.20$256.22$273.24
Fluoride$90.09$96.50$102.91
Metals$239.20$256.22$273.24
Nitrogen and Nitrates$36.01$38.57$41.13
Oil and Grease$60.06$64.33$68.61
Other Petroleum Products$60.06$64.33$68.61
Other Solids$11.96$12.81$13.66
Phenols$239.20$256.22$273.24
Phosphorus and Phosphates$90.09$96.50$102.91
Sulphates$3.51$3.76$4.01
Sulphides$239.20$256.22$273.24
Surfactants$60.06$64.33$68.61
Suspended Solids$11.96$12.81$13.66
Other contaminants not otherwise specified in this table.$11.96$12.81$13.66

Table 4
Contaminant Fees for Refuse

Column 1
Contaminant
Column 2
Fee
 if payment date before March 31, 2005if payment date April 1, 2005 — March 31, 2006if payment date after April 1, 2006
Refuse per tonne$0.65$0.70$0.74