Q-2, r. 7.1 - Regulation respecting sand pits and quarries

Section 48 Disposition versions

2023-12-18

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

(1)  (subparagraph revoked);

(2)  (subparagraph revoked);

(3)  to have the plan referred to in the third paragraph of section 15 prepared or fails to keep it or provide it to the Minister, in contravention of that paragraph;

(4)  to maintain the strip of land outdistancing the quarry or sand pit from a public road wooded, in contravention of the second paragraph of section 18;

(5)  to have visual signs or markers identified, in accordance with the first paragraph of section 21;

(6)  to have the plan prescribed by the second paragraph of section 21 prepared;

(7)  to send to the Minister the plan referred to in the second paragraph of section 21, within the time prescribed by the third paragraph of that section;

(8)  to store the topsoil separately from other materials, in contravention of section 22;

(9)  to have the noise evaluated in the cases provided for in the first paragraph of section 25, at the interval provided for in that paragraph;

(10)  to have the sound levels evaluated by a professional, in accordance with the second paragraph of section 25;

(11)  to keep every report of the sound level evaluations referred to in the second paragraph of section 25 or to provide it to the Minister, in contravention of the third paragraph of that section;

(12)  to put in place mitigation measures to prevent particle emission, in contravention of the second paragraph of section 27;

(13)  to use a dust control liquid certified to the standard prescribed in section 28;

(14)  to implement and keep up-to-date a procedure for the good use of blasting, in accordance with the first paragraph of section 30;

(15)  to record in a register the data and the information referred to in the second paragraph of section 30;

(16)  to keep or to provide the Minister with the procedure for the good use of blasting and the data recorded in the register, in accordance with the third paragraph of section 30;

(17)  to provide the Minister with the financial guarantee and indicate to the Minister the area of land that will be excavated for the entire duration of the guarantee, within the time prescribed by the second paragraph of section 33;

(18)  to hold a financial guarantee for the duration and period provided for in the third paragraph of section 33;

(19)  to provide the Minister with a financial guarantee in the amount calculated in accordance with the first paragraph of section 34;

(20)  to provide a financial guarantee in one of the forms referred to in the first paragraph of section 35;

(20.1)  to provide a financial guarantee having a term of not less than 12 months, in contravention of the first paragraph of section 36;

(21)  to provide the Minister with proof of renewal of the financial guarantee or with a new financial guarantee, within the time prescribed in the first paragraph of section 36;

(21.1)  to provide a guarantee complying with the second, third and fourth paragraphs of section 36;

(22)  to carry out the redevelopment and restoration of a quarry or sand pit in accordance with the plan included in the authorization, in contravention of section 39;

(23)  to redevelop and restore the excavated land since 17 August 1977, in contravention of the first paragraph of section 40;

(24)  to carry out redevelopment and restoration work of the excavated land before 17 August 1977 in accordance with the provisions of this Regulation, in contravention of the second paragraph of section 40;

(25)  to begin the redevelopment and restoration work within the time prescribed in section 41;

(26)  to redevelop and restore a quarry or sand pit using one or more of the options provided for in section 42 or in the first paragraph of section 43, on the conditions indicated in those sections and in section 44;

(27)  to verify the eligibility of soils before they enter a quarry, in the case and on the conditions provided for in the first paragraph of section 45;

(28)  to take or analyze a sample of soils when they are received, in the cases and on the conditions provided for in the second and third paragraphs of section 45;

(29)  to have the analyses prescribed by the first and second paragraphs of section 45 carried out by an accredited laboratory, in contravention of the fourth paragraph of that section;

(30)  to enter in a register the information and documents referred to in the first paragraph of section 46;

(30.1)  to hold the attestation referred to in the second paragraph of section 46;

(30.2)  to keep the information and documents referred to in the third paragraph of section 46 for the period provided for therein or to provide them to the Minister in accordance with that paragraph;

(31)  to send to the Minister the annual report referred to in section 47, within the time prescribed therein.

The penalty provided for in the first paragraph may also be imposed on every person who stores or eliminates materials that do not meet the conditions set out in section 23.

O.C. 236-2019, s. 48; O.C. 871-2020, s. 8; O.C. 995-2023, s. 7.

2020-12-31

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

(1)  (subparagraph revoked);

(2)  (subparagraph revoked);

(3)  to have the plan referred to in the third paragraph of section 15 prepared or fails to keep it or provide it to the Minister, in contravention of that paragraph;

(4)  to maintain the strip of land outdistancing the quarry or sand pit from a public road wooded, in contravention of the second paragraph of section 18;

(5)  to have visual signs or markers identified, in accordance with the first paragraph of section 21;

(6)  to have the plan prescribed by the second paragraph of section 21 prepared;

(7)  to send to the Minister the plan referred to in the second paragraph of section 21, within the time prescribed by the third paragraph of that section;

(8)  to store the topsoil separately from other materials, in contravention of section 22;

(9)  to have the noise evaluated in the cases provided for in the first paragraph of section 25, at the interval provided for in that paragraph;

(10)  to have the sound levels evaluated by a professional, in accordance with the second paragraph of section 25;

(11)  to keep every report of the sound level evaluations referred to in the second paragraph of section 25 or to provide it to the Minister, in contravention of the third paragraph of that section;

(12)  to put in place mitigation measures to prevent particle emission, in contravention of the second paragraph of section 27;

(13)  to use a dust control liquid certified to the standard prescribed in section 28;

(14)  to implement and keep up-to-date a procedure for the good use of blasting, in accordance with the first paragraph of section 30;

(15)  to record in a register the data and the information referred to in the second paragraph of section 30;

(16)  to keep or to provide the Minister with the procedure for the good use of blasting and the data recorded in the register, in accordance with the third paragraph of section 30;

(17)  to provide the Minister with the financial guarantee and indicate to the Minister the area of land that will be excavated for the entire duration of the guarantee, within the time prescribed by the second paragraph of section 33;

(18)  to hold a financial guarantee for the duration and period provided for in the third paragraph of section 33;

(19)  to provide the Minister with a financial guarantee in the amount calculated in accordance with the first paragraph of section 34;

(20)  to provide a financial guarantee in one of the forms referred to in the first paragraph of section 35;

(21)  to provide the Minister with proof of renewal of the financial guarantee or with a new financial guarantee, within the time prescribed in the first paragraph of section 36;

(22)  to carry out the redevelopment and restoration of a quarry or sand pit in accordance with the plan included in the authorization, in contravention of section 39;

(23)  to redevelop and restore the excavated land since 17 August 1977, in contravention of the first paragraph of section 40;

(24)  to carry out redevelopment and restoration work of the excavated land before 17 August 1977 in accordance with the provisions of this Regulation, in contravention of the second paragraph of section 40;

(25)  to begin the redevelopment and restoration work within the time prescribed in section 41;

(26)  to redevelop and restore a quarry or sand pit using one or more of the options provided for in section 42 or in the first paragraph of section 43, on the conditions indicated in those sections and in section 44;

(27)  to verify the eligibility of soils before they enter a quarry, in the case and on the conditions provided for in the first paragraph of section 45;

(28)  to take or analyze a sample of soils when they are received, in the cases and on the conditions provided for in the second and third paragraphs of section 45;

(29)  to have the analyses prescribed by the first and second paragraphs of section 45 carried out by an accredited laboratory, in contravention of the fourth paragraph of that section;

(30)  to enter in a register the information and documents referred to in the first paragraph of section 46 or to keep it for the period provided for in the second paragraph of that section, in the cases and on the conditions provided for therein;

(31)  to send to the Minister the annual report referred to in section 47, within the time prescribed therein.

The penalty provided for in the first paragraph may also be imposed on every person who stores or eliminates particles or sludge that do not meet the conditions provided for in the first paragraph of section 23.

O.C. 236-2019, s. 48; O.C. 871-2020, s. 8.

2019-04-18

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

(1)  to send a copy of the declaration of compliance to the municipality in the territory of which the activity will be carried out, in contravention of the second paragraph of section 11;

(2)  to notify the Minister and the municipality of any change in the information provided in the declaration of compliance, in contravention of section 12;

(3)  to have the plan referred to in the third paragraph of section 15 prepared or fails to keep it or provide it to the Minister, in contravention of that paragraph;

(4)  to maintain the strip of land outdistancing the quarry or sand pit from a public road wooded, in contravention of the second paragraph of section 18;

(5)  to have visual signs or markers identified, in accordance with the first paragraph of section 21;

(6)  to have the plan prescribed by the second paragraph of section 21 prepared;

(7)  to send to the Minister the plan referred to in the second paragraph of section 21, within the time prescribed by the third paragraph of that section;

(8)  to store the topsoil separately from other materials, in contravention of section 22;

(9)  to have the noise evaluated in the cases provided for in the first paragraph of section 25, at the interval provided for in that paragraph;

(10)  to have the sound levels evaluated by a professional, in accordance with the second paragraph of section 25;

(11)  to keep every report of the sound level evaluations referred to in the second paragraph of section 25 or to provide it to the Minister, in contravention of the third paragraph of that section;

(12)  to put in place mitigation measures to prevent particle emission, in contravention of the second paragraph of section 27;

(13)  to use a dust control liquid certified to the standard prescribed in section 28;

(14)  to implement and keep up-to-date a procedure for the good use of blasting, in accordance with the first paragraph of section 30;

(15)  to record in a register the data and the information referred to in the second paragraph of section 30;

(16)  to keep or to provide the Minister with the procedure for the good use of blasting and the data recorded in the register, in accordance with the third paragraph of section 30;

(17)  to provide the Minister with the financial guarantee and indicate to the Minister the area of land that will be excavated for the entire duration of the guarantee, within the time prescribed by the second paragraph of section 33;

(18)  to hold a financial guarantee for the duration and period provided for in the third paragraph of section 33;

(19)  to provide the Minister with a financial guarantee in the amount calculated in accordance with the first paragraph of section 34;

(20)  to provide a financial guarantee in one of the forms referred to in the first paragraph of section 35;

(21)  to provide the Minister with proof of renewal of the financial guarantee or with a new financial guarantee, within the time prescribed in the first paragraph of section 36;

(22)  to carry out the redevelopment and restoration of a quarry or sand pit in accordance with the plan included in the authorization, in contravention of section 39;

(23)  to redevelop and restore the excavated land since 17 August 1977, in contravention of the first paragraph of section 40;

(24)  to carry out redevelopment and restoration work of the excavated land before 17 August 1977 in accordance with the provisions of this Regulation, in contravention of the second paragraph of section 40;

(25)  to begin the redevelopment and restoration work within the time prescribed in section 41;

(26)  to redevelop and restore a quarry or sand pit using one or more of the options provided for in section 42 or in the first paragraph of section 43, on the conditions indicated in those sections and in section 44;

(27)  to verify the eligibility of soils before they enter a quarry, in the case and on the conditions provided for in the first paragraph of section 45;

(28)  to take or analyze a sample of soils when they are received, in the cases and on the conditions provided for in the second and third paragraphs of section 45;

(29)  to have the analyses prescribed by the first and second paragraphs of section 45 carried out by an accredited laboratory, in contravention of the fourth paragraph of that section;

(30)  to enter in a register the information and documents referred to in the first paragraph of section 46 or to keep it for the period provided for in the second paragraph of that section, in the cases and on the conditions provided for therein;

(31)  to send to the Minister the annual report referred to in section 47, within the time prescribed therein.

The penalty provided for in the first paragraph may also be imposed on every person who stores or eliminates particles or sludge that do not meet the conditions provided for in the first paragraph of section 23.

O.C. 236-2019, s. 48.

Not in force

In force: 2019-04-18

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

(1)  to send a copy of the declaration of compliance to the municipality in the territory of which the activity will be carried out, in contravention of the second paragraph of section 11;

(2)  to notify the Minister and the municipality of any change in the information provided in the declaration of compliance, in contravention of section 12;

(3)  to have the plan referred to in the third paragraph of section 15 prepared or fails to keep it or provide it to the Minister, in contravention of that paragraph;

(4)  to maintain the strip of land outdistancing the quarry or sand pit from a public road wooded, in contravention of the second paragraph of section 18;

(5)  to have visual signs or markers identified, in accordance with the first paragraph of section 21;

(6)  to have the plan prescribed by the second paragraph of section 21 prepared;

(7)  to send to the Minister the plan referred to in the second paragraph of section 21, within the time prescribed by the third paragraph of that section;

(8)  to store the topsoil separately from other materials, in contravention of section 22;

(9)  to have the noise evaluated in the cases provided for in the first paragraph of section 25, at the interval provided for in that paragraph;

(10)  to have the sound levels evaluated by a professional, in accordance with the second paragraph of section 25;

(11)  to keep every report of the sound level evaluations referred to in the second paragraph of section 25 or to provide it to the Minister, in contravention of the third paragraph of that section;

(12)  to put in place mitigation measures to prevent particle emission, in contravention of the second paragraph of section 27;

(13)  to use a dust control liquid certified to the standard prescribed in section 28;

(14)  to implement and keep up-to-date a procedure for the good use of blasting, in accordance with the first paragraph of section 30;

(15)  to record in a register the data and the information referred to in the second paragraph of section 30;

(16)  to keep or to provide the Minister with the procedure for the good use of blasting and the data recorded in the register, in accordance with the third paragraph of section 30;

(17)  to provide the Minister with the financial guarantee and indicate to the Minister the area of land that will be excavated for the entire duration of the guarantee, within the time prescribed by the second paragraph of section 33;

(18)  to hold a financial guarantee for the duration and period provided for in the third paragraph of section 33;

(19)  to provide the Minister with a financial guarantee in the amount calculated in accordance with the first paragraph of section 34;

(20)  to provide a financial guarantee in one of the forms referred to in the first paragraph of section 35;

(21)  to provide the Minister with proof of renewal of the financial guarantee or with a new financial guarantee, within the time prescribed in the first paragraph of section 36;

(22)  to carry out the redevelopment and restoration of a quarry or sand pit in accordance with the plan included in the authorization, in contravention of section 39;

(23)  to redevelop and restore the excavated land since 17 August 1977, in contravention of the first paragraph of section 40;

(24)  to carry out redevelopment and restoration work of the excavated land before 17 August 1977 in accordance with the provisions of this Regulation, in contravention of the second paragraph of section 40;

(25)  to begin the redevelopment and restoration work within the time prescribed in section 41;

(26)  to redevelop and restore a quarry or sand pit using one or more of the options provided for in section 42 or in the first paragraph of section 43, on the conditions indicated in those sections and in section 44;

(27)  to verify the eligibility of soils before they enter a quarry, in the case and on the conditions provided for in the first paragraph of section 45;

(28)  to take or analyze a sample of soils when they are received, in the cases and on the conditions provided for in the second and third paragraphs of section 45;

(29)  to have the analyses prescribed by the first and second paragraphs of section 45 carried out by an accredited laboratory, in contravention of the fourth paragraph of that section;

(30)  to enter in a register the information and documents referred to in the first paragraph of section 46 or to keep it for the period provided for in the second paragraph of that section, in the cases and on the conditions provided for therein;

(31)  to send to the Minister the annual report referred to in section 47, within the time prescribed therein.

The penalty provided for in the first paragraph may also be imposed on every person who stores or eliminates particles or sludge that do not meet the conditions provided for in the first paragraph of section 23.

O.C. 236-2019, s. 48.