Q-2, r. 32 - Regulation respecting hazardous materials

Section 138.3 Disposition versions

2020-12-31

138.3. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in other cases may be imposed on any person who fails

(1)  to drain a transformer referred to in section 16 or to drain a basin referred to in section 17 according to the conditions provided for therein;

(2)  to have the analyses referred to in section 18 carried out by a laboratory accredited by the Minister in accordance with that section;

(3)  to ensure that a tank or connection referred to in section 28 is equipped with a sampling system in accordance with that section;

(4)  to comply with the building, layout or maintenance conditions of a building, shelter, drain or site prescribed by any of sections 33 to 36;

(5)  to collect or to evacuate the water referred to in section 38 in accordance with that section;

(6)  to inspect, according to the prescribed frequency, the good condition and good working order of the storage facilities in accordance with the first paragraph of section 39;

(7)  to store residual hazardous materials in accordance with the requirements of section 40;

(8)  to comply with a condition prescribed by the first paragraph of section 45 in respect of a vessel containing residual hazardous materials;

(9)  to comply with a condition prescribed by any of sections 47 to 49 in respect of a cargo container;

(10)  to comply with a condition or standard prescribed by any of sections 53 to 55, 57, 58, 60, 61 or 66 to 69 in respect of a tank or piping;

(11)  to place a tank referred to in section 56 in an area having an impermeable basin that complies with the requirements of the first paragraph of that section;

(12)  to have the working order of the corrosion protection system inspected in accordance with the requirements of the first or second paragraph of section 62;

(13)  to have a qualified and independent professional supervise the work related to the installation of an underground tank, to have the tank inspected by a professional or, in case of damage, to have the tank repaired in accordance with the first paragraph of section 70;

(14)  to place a cargo tank in an impermeable area, in the cases referred to in the first paragraph of section 78, or to comply with the conditions prescribed by that section or prescribed by the third paragraph of that section in respect of that area;

(15)  to convey the accumulated water in a loading or unloading area in accordance with the fourth paragraph of section 78;

(16)  to equip a cargo tank with a safety device that complies with the requirements of section 79;

(17)  to comply with the layout conditions provided for in section 82 or 83 as to the storage site of materials referred to therein;

(18)  to protect a building or storage site by means of an intrusion detection system in the cases and according to the conditions provided for in section 85;

(19)  to comply, in respect of the systems referred to in the first paragraph of section 90 or section 92, with the design, installation or maintenance conditions provided for therein;

(20)  to lay out a final disposal site in a way that prevents intrusions in accordance with section 99;

(21)  to fill holes, fissures and subsidence in accordance with section 102;

(22)  to send to the Minister, before the expiry of a guarantee provided in one of the forms prescribed by the first paragraph of section 123 and within the time provided for in that section, the renewal of that guarantee or any other guarantee that complies with the requirements of that section;

(23)  to keep in force a civil liability insurance contract that complies with the requirements of the third paragraph of section 124.

The penalty provided for in the first paragraph may also be imposed on any person who

(1)  stores residual hazardous materials in a cargo tank that does not comply with the conditions prescribed by section 77;

(2)  pursues an activity when the person has not provided or renewed the guarantee or the civil liability insurance policy, in contravention of section 123 or the second paragraph of section 125.

O.C. 677-2013, s. 4; O.C. 871-2020, s. 41.

2013-07-18

138.3. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in other cases may be imposed on any person who fails

(1)  to drain a transformer referred to in section 16 or to drain a basin referred to in section 17 according to the conditions provided for therein;

(2)  to have the analyses referred to in section 18 carried out by a laboratory accredited by the Minister in accordance with that section;

(3)  to ensure that a tank or connection referred to in section 28 is equipped with a sampling system in accordance with that section;

(4)  to comply with the building, layout or maintenance conditions of a building, shelter, drain or site prescribed by any of sections 33 to 36;

(5)  to collect or to evacuate the water referred to in section 38 in accordance with that section;

(6)  to inspect, according to the prescribed frequency, the good condition and good working order of the storage facilities in accordance with the first paragraph of section 39;

(7)  to store residual hazardous materials in accordance with the requirements of section 40;

(8)  to comply with a condition prescribed by the first paragraph of section 45 in respect of a vessel containing residual hazardous materials;

(9)  to comply with a condition prescribed by any of sections 47 to 49 in respect of a cargo container;

(10)  to comply with a condition or standard prescribed by any of sections 53 to 55, 57, 58, 60, 61 or 66 to 69 in respect of a tank;

(11)  to place a tank referred to in section 56 in an area having an impermeable basin that complies with the requirements of the first paragraph of that section;

(12)  to have the working order of the corrosion protection system inspected in accordance with the requirements of the first or second paragraph of section 62;

(13)  to have a qualified professional supervise the work related to the installation of an underground tank, to have the tank inspected by a professional or, in case of damage, to have the tank repaired in accordance with the first paragraph of section 70;

(14)  to place a cargo tank in an impermeable area, in the cases referred to in the first paragraph of section 78, or to comply with the conditions prescribed by that section or prescribed by the third paragraph of that section in respect of that area;

(15)  to convey the accumulated water in a loading or unloading area in accordance with the fourth paragraph of section 78;

(16)  to equip a cargo tank with a safety device that complies with the requirements of section 79;

(17)  to comply with the layout conditions provided for in section 82 or 83 as to the storage site of materials referred to therein;

(18)  to protect a building or storage site by means of an intrusion detection system in the cases and according to the conditions provided for in section 85;

(19)  to comply, in respect of the systems referred to in the first paragraph of section 90 or section 92, with the design, installation or maintenance conditions provided for therein;

(20)  to lay out a final disposal site in a way that prevents intrusions in accordance with section 99;

(21)  to fill holes, fissures and subsidence in accordance with section 102;

(22)  to send to the Minister, before the expiry of a guarantee provided in one of the forms prescribed by the first paragraph of section 123 and within the time provided for in that section, the renewal of that guarantee or any other guarantee that complies with the requirements of that section;

(23)  to keep in force a liability insurance contract that complies with the requirements of the third paragraph of section 124.

The penalty provided for in the first paragraph may also be imposed on any person who

(1)  stores residual hazardous materials in a cargo tank that does not comply with the conditions prescribed by section 77;

(2)  pursues an activity when the person has not provided or renewed the guarantee or the civil liability insurance policy provided for in section 123 or in the second paragraph of section 125.

O.C. 677-2013, s. 4.