124. The following activities are eligible for a declaration of compliance on the conditions set out in the second paragraph:
(1) the establishment and subsequent operation of a hot mix asphalt plant;
(2) the relocation of a hot mix asphalt plant covered by an authorization.
The following conditions apply to the activities referred to in the first paragraph:
(1) the plant, including any areas used for the loading, unloading, and discharge of surface mineral substances and granular residual materials and any sedimentation pond used in the operation of the plant, is not located in a watercourse, lake or wetland;
(2) where applicable, the granular residual materials needed for its operations are stored in accordance with this Regulation and with the Regulation respecting the reclamation of residual materials (chapter Q‑2, r. 49);
(3) no asbestos and no asphalt shingle fines are used in the hot mix asphalt production process;
(4) no other hot mix asphalt plant is located within a radius of 800 m;
(5) the plant is established at the place indicated for a maximum period of 13 months after the declaration of compliance is sent;
(5.1) the place indicated has not been used for such a plant by the same declarant in the 12 months before the declaration of compliance is sent;
(6) the plant uses only liquid or gaseous fossil fuels, other than waste oil;
(7) for the establishment and operation of a hot mix asphalt plant, the plant is located more than 800 m from a dwelling or public institution;
(8) for the relocation of a hot mix asphalt plant covered by an authorization:
(a) the new location of the plant is more than 300 m from a dwelling or public institution;
(b) the establishment and operation of the plant have been covered by an authorization in the previous 5 years;
(c) air dispersion modelling for the plant, performed by a competent person in accordance with the requirements of Schedule H of the Clean Air Regulation (chapter Q-2, r. 4.1), has shown that the concentration of contaminants in the atmosphere, at a distance of 300 m or more from the plant, complies with the standards of Schedule K of that Regulation and, where applicable, with the air quality criteria prescribed by the Minister in the authorization issued.