O. Reg. 225/07: Classification and Exemption of Spills

 

ontario regulation 225/07

made under the

environmental protection act

Made: May 16, 2007
 Filed: June 6, 2007
Published on e-Laws: June 7, 2007
Printed in The Ontario Gazette: June 23, 2007

Amending O. Reg. 675/98

(Classification and Exemption of Spills)

1. The title to Ontario Regulation 675/98 is revoked and the following substituted:

 

CLASSIFICATION and EXEMPTION of spills and reporting of discharges

2. The heading before section 1 of the Regulation is revoked and the following substituted:

Part I
Classification and exemption of spills

Class I — Approved Discharges

3. Subsection 8 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) A Class VIII spill is a spill of gasoline or an associated product, as those terms are defined in Ontario Regulation 217/01 (Liquid Fuels) made under the Technical Standards and Safety Act, 2000, at a location defined in that regulation as a bulk plant, marina, private outlet or retail outlet,

. . . . .

4. Subsection 10 (1) of the Regulation is revoked and the following substituted:

(1) A Class X spill is a spill that does not enter and is not likely to enter any waters, as defined in subsection 1 (1) of the Ontario Water Resources Act, directly or through drainage structures and, immediately before it occurs, is described as “non-reportable” in a spill contingency plan that,

(a) meets the standards set out in the document entitled “Emergency Preparedness and Response” and designated as CAN/CSA-Z731-03, published by the Canadian Standards Association, as amended from time to time, or such other standard as may be approved in writing by the Director as being appropriate for the industry; and

(b) has been provided to the Director for review, if so requested by the Director.

5. Section 10 of the Regulation is revoked and the following substituted:

Class X — Non-Reportable Spills

10. (1) A Class X spill is a spill that, immediately before it occurs, is identified as “non-reportable” under subsection 6 (2) of Ontario Regulation 224/07 (Spill Prevention and Contingency Plans) made under the Act, in spill prevention and contingency plans that satisfy the requirements of that regulation.

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

(3) Despite subsections (1) and (2), a person subject to the duty set out in clause 92 (1) (a) or (b) or subsection 92 (3) or (4) of the Act shall give the notice required by the provision immediately on the moment that the person becomes aware of any of the following in respect of a Class X spill:

1. That the quantity spilled is more than the quantity specified for the given pollutant under clause 6 (2) (c) of Ontario Regulation 224/07, in the plans referred to in subsection (1).

2. That the spill was caused deliberately.

3. That the spill causes adverse effects, other than those which can be readily remediated through cleanup and restoration of paved, gravelled or sodded surfaces.

4. That arrangements for any remediation referred to in paragraph 3 were not made and carried out immediately.

5. That the spill enters waters, or is likely to enter waters, as defined in subsection 1 (1) of the Ontario Water Resources Act, directly or through drainage structures.

6. Subsection 12 (1) of the Regulation is revoked and the following substituted:

(1) For every Class V, VII, VIII, IX and XI spill that is not reported forthwith, the person having control of the pollutant shall make a record of the spill containing the details listed in subsection (2) 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.

(1.1) For every Class X spill that is not reported forthwith, the person having control of the pollutant shall make a record of the spill containing the details listed in subsection (2) and shall keep the record for five years after the spill and during that period shall make the record available for inspection upon the request of a provincial officer.

7. The Regulation is amended by adding the following Part:

Part II
reporting of discharges

13. (1) This section sets out the notification requirements for,

(a) persons who are required by subsection 15 (1) of the Act to give notice of a discharge of a contaminant, but only if the contaminant is a pollutant as defined in section 91 (1) of the Act;

(b) persons who are required by subsection 92 (1) of the Act to give notice of a spill; and

(c) persons who are required by subsection 92 (4) of the Act to give notice of a spill.

(2) A person to whom this section applies shall give notice by telephoning the Spills Action Centre (1-800-268-6060 or 416-325-3000) and providing the information required by subsections (3) and (4) to the person who answers the telephone call.

(3) A person who gives notice under subsection (2) shall provide the following information:

1. If the person making the notification is a person mentioned in subsection 15 (1) of the Act or subsection 92 (1) of the Act, the person’s name and telephone number and, if the person is a corporation or municipality, the name and telephone number of the individual making the notification and the individual’s position within the corporation or municipality.

2. If the person making the notification is a person mentioned in subsection 92 (4) of the Act, the person’s name and telephone number and, if known, the name and telephone number of any person having control of the pollutant that is spilled and of any person who spilled or caused or permitted the spill of the pollutant.

3. A description of the location where the discharge occurred and, if known, the municipal address of the location.

4. The date and time that the discharge was discovered and, if known, the date and time the discharge occurred.

(4) A person described in clause (1) (a) or (b) who gives notice under subsection (2) shall provide the following information, to the best of the person’s knowledge:

1. The names and telephone numbers of everyone who was contacted to respond to the discharge, including any fire department, police department or other public authority.

2. The duration of the discharge and whether the discharge is continuing.

3. The pollutants discharged, the quantity of pollutants discharged and, if the pollutants contain any substances associated with known hazards, the name of each such substance and a description of the associated hazard.

4. If the person is a regulated person, an indication of whether the pollutant contains a toxic substance as defined in section 2 of Ontario Regulation 222/07 (Environmental Penalties), made under the Act.

5. The location of the source of the contaminant.

6. Any relevant information regarding the cause of the discharge, if known, and the circumstances surrounding the discharge.

7. If the cause is not known, the person’s assessment of the most likely cause based on the best information available and an explanation of steps that have been taken or will be taken to determine the cause.

8. A description of any adverse effects that occurred or may occur.

9. A description of any conditions that aggravated or mitigated the adverse effects mentioned under paragraph 8, or that may do so, including,

i. weather conditions, and

ii. surface water and ground water conditions, including flowrate and water level, if the discharge is into or in any waters, as defined in subsection 1 (1) of the Ontario Water Resources Act, or on any shore or bank of them or into or in any place that may impair the quality of any such waters.

10. If the discharge of the pollutant is to other properties, whether the owners or occupants of the properties affected by the discharge will provide access to a person who is required under the Act or by an order to take steps to prevent, eliminate or ameliorate any adverse effects that are caused or may be caused by the discharge.

11. Any other pollutants that were or may be discharged into the natural environment as a result of the incident that gave rise to the notification and any adverse effects that resulted or may result from the discharge of such pollutants. 

12. If the discharge is a spill, any actions that were taken or will be taken to satisfy the duty under section 93 of the Act and, if the discharge is not a spill, actions that were taken or will be taken to prevent, eliminate or ameliorate any adverse effects identified under paragraphs 8 and 11, if any.  

13. The name and telephone number of every person responsible for carrying out an action referred to in paragraph 12.

14. A description of any circumstances, including weather or traffic conditions, that may interfere with an action referred to in paragraph 12.

(5) If a person described in clause (1) (a) or (b) did not provide all the information listed under subsections (3) and (4) at the time of giving notice under subsection (2), the person shall take all reasonable steps to ensure that the information is ascertained and provided forthwith to the Ministry in the manner set out in subsection (2) or in such other manner as a provincial officer has directed.

(6) Despite subsections (4) and (5), a person is not required to provide information specified under paragraph 9, 10, 11, 13 or 14 of subsection (4) if he or she can demonstrate that the information is not relevant, given the circumstances of the spill or discharge that is the subject of the notice under subsection (2).

(7) If a person described in clause (1) (a) or (b) becomes aware that any information provided to the Ministry at the time of giving notice under subsection (2) is inaccurate, the person shall notify the Ministry forthwith of the inaccuracy and shall provide the correct information in the manner set out in that subsection or in such other manner as a provincial officer has directed.

8. (1) Subject to subsection (2), this Regulation comes into force on August 1, 2007.

(2) Sections 5 and 6 come into force on September 1, 2008.