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Environmental Protection Act
Loi sur la protection de l’environnement

ONTARIO REGULATION 675/98

Amended to O. Reg. 240/01

CLASSIFICATION AND EXEMPTION OF SPILLS

Historical version for the period June 22, 2001 to June 5, 2007.

This Regulation is made in English only.

Class I — Approved Discharges

1. (1) A Class I spill is a discharge that is authorized by and is in accordance with a certificate of approval, provisional certificate of approval, order, licence or permit issued under the Act, the Ontario Water Resources Act, the Pesticides Act or a predecessor of any of them. O. Reg. 675/98, s. 1 (1).

(2) A Class I spill is exempt from Part X of the Act if,

(a) all orders, requirements and directions made under the Act, the Ontario Water Resources Act or the Pesticides Act with respect to the spill and the source of the spill have been complied with; and

(b) the spill does not contravene any other Part of the Act, any other provincial Act or federal Act, any regulation made under those Acts or any municipal by-law. O. Reg. 675/98, s. 1 (2).

Class II — Water from Reservoirs and Water Mains

2. (1) A Class II spill is a discharge of,

(a) water from reservoirs formed by dams where the discharge is caused by natural events; or

(b) potable water from municipal water mains. O. Reg. 675/98, s. 2 (1).

(2) A Class II spill is exempt from Part X of the Act. O. Reg. 675/98, s. 2 (2).

Class III — Household Fires

3. (1) A Class III spill is a discharge of pollutants from a fire, where the pollutants are products of combustion of materials in a quantity not greater than the quantity of such materials normally found in residential properties of 10 or fewer households. O. Reg. 675/98, s. 3 (1).

(2) A Class III spill is exempt from Part X of the Act. O. Reg. 675/98, s. 3 (2).

Class IV — Planned Spills

4. (1) A Class IV spill is a discharge, consented to by the Director under this section that,

(a) is a direct and unavoidable result of a planned maintenance procedure to a water or waste water system or to pollution abatement equipment; or

(b) is planned for research or training purposes. O. Reg. 675/98, s. 4 (1).

(2) The person having control of the pollutant shall apply in writing for the Director’s consent to a Class IV spill not less than 15 days before the spill and the application shall set out the time, place and potential adverse effects of the spill and such additional information as may be required by the Director. O. Reg. 675/98, s. 4 (2).

(3) The Director shall consent in writing to a Class IV spill if he or she is of the opinion that the potential adverse effects of the spill do not present an unreasonable risk to public safety and that any adverse effects of the spill will be minimized, eliminated or ameliorated. O. Reg. 675/98, s. 4 (3).

(4) The Director may attach to the consent conditions respecting the minimization, elimination or amelioration of the adverse effects. O. Reg. 675/98, s. 4 (4).

(5) A Class IV spill is exempt from section 92 of the Act. O. Reg. 675/98, s. 4 (5).

(6) Despite subsection (5), the person having control of the pollutant shall monitor the adverse effects for the Class IV spill and shall report on them in writing to the Director within five days after the spill. O. Reg. 675/98, s. 4 (6).

Class V — Refrigerants

5. (1) A Class V spill is a spill of refrigerant to which Ontario Regulation 189/94 applies. O. Reg. 675/98, s. 5 (1).

(2) A Class V spill is exempt from section 92 of the Act if no adverse effect takes place at the location of the discharge and the quantity of the spill is less than 100 kilograms. O. Reg. 675/98, s. 5 (2); O. Reg. 241/01, s. 1.

Class VI — Motor Vehicles

6. (1) A Class VI spill is a spill of not more than 100 litres of fluid, other than fluid transported as cargo, from the fuel system or other operating system of a motor vehicle. O. Reg. 675/98, s. 6 (1).

(2) A Class VI spill is exempt from clause 92 (1) (a) and subsections 92 (3) and (4) of the Act if,

(a) the spill does not enter and is not likely to enter any waters, as defined in the Ontario Water Resources Act, directly or through drainage structures;

(b) the spill does not cause and is not likely to cause any adverse effects, other than those that are readily remediated through cleanup and restoration of surfaces that are prepared for vehicular traffic or paved, gravelled, sodded areas adjacent to those surfaces; and

(c) arrangements for the remediation referred to in clause (b) are made and carried out immediately. O. Reg. 675/98, s. 6 (2).

Class VII — Electrical Utilities

7. (1) A Class VII spill is a spill of not more than 100 litres of mineral oil from electrical transformers or capacitors owned by a municipal or provincial electric utility, excluding a PCB liquid as defined in Regulation 362 of the Revised Regulations of Ontario, 1990. O. Reg. 675/98, s. 7 (1).

(2) A Class VII spill is exempt from clauses 92 (1) (a) and (b) and subsections 92 (3) and (4) of the Act if,

(a) the spill does not enter and is not likely to enter any waters, as defined in the Ontario Water Resources Act, directly or through drainage structures;

(b) the spill does not cause and is not likely to cause any adverse effects, other than those that are readily remediated through cleanup and restoration of paved, gravelled or sodded surfaces; and

(c) arrangements for the remediation referred to in clause (b) are made and carried out immediately. O. Reg. 675/98, s. 7 (2).

Class VIII — Petroleum Sector

8. (1) A Class VIII spill is a spill of a fluid petroleum product at a location defined in the Gasoline Handling Act as a bulk plant, marina, private outlet or retail outlet,

(a) of not more than 100 litres in areas restricted from public access; or

(b) of not more than 25 litres in areas with public access. O. Reg. 675/98, s. 8 (1).

(2) A Class VIII spill is exempt from clauses 92 (1) (a) and (b) and subsections 92 (3) and (4) of the Act if,

(a) the spill does not enter and is not likely to enter any waters, as defined in the Ontario Water Resources Act, directly or through drainage structures;

(b) the spill does not cause and is not likely to cause any adverse effects, other than those that are readily remediated through cleanup and restoration of paved, gravelled or sodded surfaces; and

(c) arrangements for the remediation referred to in clause (b) are made and carried out immediately. O. Reg. 675/98, s. 8 (2).

Class IX — Transportation of Dangerous Goods

9. (1) A Class IX spill is a spill of a material under those circumstances that, but for the quantity discharged, make the spill subject to immediate notification requirements under the Transportation of Dangerous Goods Act, 1992 (Canada) or the Dangerous Goods Transportation Act and the regulations under those Acts if the quantity spilled is less than the minimum reportable quantity specified in the Transportation of Dangerous Goods Regulations under the Transportation of Dangerous Goods Act, 1992 (Canada). O. Reg. 675/98, s. 9 (1).

(2) A Class IX spill is exempt from clauses 92 (1) (a) and (b) and subsections 92 (3) and (4) of the Act if,

(a) the spill does not enter and is not likely to enter any waters, as defined in the Ontario Water Resources Act, directly or through drainage structures;

(b) the spill does not cause and is not likely to cause any adverse effects, other than those that are readily remediated through cleanup and restoration of paved, gravelled or sodded surfaces; and

(c) arrangements for the remediation referred to in clause (b) are made and carried out immediately. O. Reg. 675/98, s. 9 (2).

Class X — Contingency Plans

10. (1) A Class X spill is a spill that is described in a spill contingency plan as “not reportable” if,

(a) the spill contingency plan adheres to the Canadian Standard CAN/CSA-Z731-95, Emergency Planning for Industry or such other standard as may be approved in writing by the Director as being appropriate for the industry; and

(b) the spill contingency plan has been provided to the Director for review, if so requested by the Director. O. Reg. 675/98, s. 10 (1).

(2) A Class X spill is exempt from clauses 92 (1) (a) and (b) and subsections 92 (3) and (4) of the Act if,

(a) the plan was in effect before the spill;

(b) the spill is of a material specified in the plan;

(c) the quantity spilled is less than the reportable quantity specified in the plan for the given material;

(d) the plan has described the spill as not likely to cause an adverse effect based on experience demonstrating that the quantity and quality of the spill in the circumstances of the spill is not likely to cause adverse effects other than those which can be readily remediated through cleanup and restoration of paved, gravelled or sodded surfaces;

(e) the spill was not deliberate on the part of the owner or person in control;

(f) any concerns regarding the plan expressed in writing by the Director have been withdrawn in writing by the Director before the spill;

(g) the plan will result in preventing any adverse effect, other than those readily remediated through cleanup and restoration of paved, gravelled or sodded surfaces; and

(h) arrangements for the remediation referred to in clause (g) are made and carried out immediately. O. Reg. 675/98, s. 10 (2).

(3) If a Class X spill becomes non-exempt due to a failure to meet the requirements of clause (2) (g) or (h), the spill becomes reportable immediately on the moment of failure and the Director shall be notified in writing within 30 days of the spill of the corrective measures taken or contingency plan revisions that will prevent the failure of the plan from recurring. O. Reg. 675/98, s. 10 (3).

Class XI — One Window Reporting

11. (1) A Class XI spill is a spill that is reportable to a provincial or federal agency. O. Reg. 675/98, s. 11 (1).

(2) A Class XI spill is exempt from clause 92 (1) (a) and subsection 92 (4) of the Act if,

(a) a memorandum of understanding exists between the Ministry of the Environment and the other agency with respect to resolving duplicate reporting of spills; and

(b) the spill meets all conditions specified in the memorandum of understanding. O. Reg. 675/98, s. 11 (2).

Records

12. (1) For every Class V, VII, VIII, IX, X and XI spill, the person having control of the pollutant shall record the details of the spill and shall keep the record for two years after the spill and during that period shall make the record available for inspection upon the request of a provincial officer. O. Reg. 675/98, s. 12 (1).

(2) The record shall include,

(a) the date, time, location and duration of the release of the pollutant;

(b) the identity of the pollutant released;

(c) the quantity of the pollutant released;

(d) the circumstances and cause of the spill;

(e) details of the containment and clean-up efforts;

(f) an assessment of the success of the containment and clean-up efforts;

(g) the method used, in accordance with subsection 96 (1) of the Act, to dispose of or use the pollutant or any matter, thing, plant or animal or any part of the natural environment that is affected by the spill and the location of the disposal site; and

(h) any adverse effects observed as a result of the spill. O. Reg. 675/98, s. 12 (2).

(3) Clauses (2) (e) to (h) do not apply to Class V spills. O. Reg. 675/98, s. 12 (3).

13. Omitted (revokes other Regulations). O. Reg. 675/98, s. 13.