Section 1 (1) definition of "hazardous waste treatment or disposal project" BEFORE repealed by BC Reg 54/2023, effective March 1, 2023.
"hazardous waste treatment or disposal project" means a facility, operation or activity
(a) in relation to which an application for a permit or approval has been made, and
(b) at which hazardous waste is or will be treated or disposed of,
but does not include
(c) a storage facility without any associated treatment or disposal, or
(d) a facility for treating hydrocarbon fuel or oil contaminated wastes using biological organisms or vapour extraction techniques;
Section 1 (2) (e) and (g) BEFORE amended by BC Reg 54/2023, effective March 1, 2023.
(e) a change in the authorized quality of the discharge, emission or stored material such that, in the opinion of a director, the change has or will have less impact on the environment;
(g) a change to the works, method of treatment or any other condition of a permit or approval such that, in the opinion of a director, the change has or will have less impact on the environment.
Section 2 (1) (part) BEFORE amended by BC Reg 54/2023, effective March 1, 2023.
(1) Every person who applies for a permit or approval must make an application on a form supplied by a director, sign and date the application and provide the following information:
Section 2 (1) (b) and (d) BEFORE amended by BC Reg 54/2023, effective March 1, 2023.
(b) a clear description of the source and location of the waste, including any commonly known name of the plant, operation or storage facility;
(d) the legal description of the place where the waste is or will be discharged or emitted or the storage is or will be located;
Section 2 (1) (h), (i), (j) and (k) were added by BC Reg 54/2023, effective March 1, 2023.
Section 3 BEFORE re-enacted by BC Reg 54/2023, effective March 1, 2023.
Information respecting the application
3 The applicant must, on the request of a director, provide the director with one or more of the following:
(a) particulars concerning the applicant's title to the works and the land on which the waste originates;
(c) a description of all lands on which it is proposed to construct the works;
(d) information respecting any other matter the director considers relevant to the application.
[am. B.C. Reg. 321/2004, s. 24 (c).]
Section 4 (1) to (4) BEFORE amended by BC Reg 54/2023, effective March 1, 2023.
(1) Every person who applies for a permit or approval must give notice of the application as set out in Column 3 of Schedule A.
(2) Every person who applies for an amendment to a permit or approval must give notice of the application as set out in Column 4 of Schedule A.
(3) Despite subsections (1) and (2), if, in the opinion of a director, any method of giving notice as specified in Schedule A is not adequate or practical, the director may, within 14 days of receipt of the application, require an applicant to give notice of the application by another method that, in the opinion of the director, is more effective.
(4) When a director makes a decision to issue or amend a permit or approval, the director must give notice of the decision as set out in Column 5 of Schedule A.
Section 4 (6) (b) BEFORE amended by BC Reg 54/2023, effective March 1, 2023.
(b) do one or more of the following:
(i) serve a copy of the notice given under paragraph (a) on every person who, in the opinion of the director, may be adversely affected by the discharge, emission or storage of recyclable material or waste;
(ii) post a copy of the notice given under paragraph (a) in one or more post offices serving the area affected by the discharge, emission or storage of recyclable material or waste;
(iii) publish a copy of the notice given under paragraph (a) in one or more local newspapers.
Section 4 (5) BEFORE amended by BC Reg 193/2024, effective July 8, 2024.
(5) Despite subsection (4), if, in the opinion of the director, any method of giving notice as specified in Column 5 is not adequate or practical, the director may give notice of the decision by another method that, in the opinion of the director, is more effective.
Section 4 (6) BEFORE repealed by BC Reg 193/2024, effective July 8, 2024.
(6) A director must, at least 14 days before an operational certificate or amended operational certificate is issued,
(a) give written notice to the person to be named in the operational certificate or amended operational certificate of the director's intention to issue the operational certificate or amended operational certificate, and
(b) do one or more of the following:
(i) serve a copy of the notice given under paragraph (a) on every person who, in the opinion of the director, may be adversely affected by the waste introduced into the environment or storage of recyclable material or waste;
(ii) post a copy of the notice given under paragraph (a);
(iii) publish a copy of the notice given under paragraph (a).
Section 5 (2) and (3) BEFORE repealed by BC Reg 54/2023, effective March 1, 2023.
(2) If Schedule A requires that an application be posted on a billboard, the applicant must post the application as prescribed in Schedule B.
(3) The billboard referred to in subsection (2) must be of a design and construction, and of sufficient durability, so as to be clearly identifiable and readable during daylight hours for the duration of the posting period.
Section 5 (4) BEFORE amended by BC Reg 54/2023, effective March 1, 2023.
(4) Despite any posting instructions in Schedule A to the contrary, a director may require an applicant to post the application on a billboard.
Section 6 (1) and (3) BEFORE repealed by BC Reg 54/2023, effective March 1, 2023.
(1) If Schedule A requires that an application be published in the British Columbia Gazette Part I, a director will publish the application at the applicant's expense.
(3) For the purposes of subsection (2), the applicant must, at the applicant's expense, publish the application in an advertisement that
(a) is at least 10 centimetres in width,
(b) is at least 100 square centimetres in area,
(c) is entitled "ENVIRONMENTAL PROTECTION NOTICE" in a minimum type size of 12 points, and
(d) has the text of the application in a minimum type size of 8 points.
Section 6 (2), (4), (5) and (8) BEFORE amended by BC Reg 54/2023, effective March 1, 2023.
(2) If Schedule A requires that an application be published in one or more local newspapers, a director will specify the newspaper or newspapers in which the application must be published.
(4) The applicant must, within 30 days after the date of publication, provide to the director a copy of the full page tear sheet as proof that the application was published.
(5) If, in the opinion of a director, newspaper coverage is insufficient to notify local residents about the application, the director may require the applicant to post a copy of the application in one or more post offices serving the area affected by the application.
(8) If the applicant does not own the property associated with the discharge, emission or storage, the applicant must
(a) mail or deliver a copy of the application to the owner of the property, and
(b) provide proof to a director, within 30 days after the date of the application, of the mailing or delivery required by paragraph (a).
Section 7 (1) BEFORE amended by BC Reg 193/2024, effective July 8, 2024.
(1) A person who may be adversely affected by the granting of a permit, approval or operational certificate, or by the granting of an amendment to a permit, approval or operational certificate, may, within 30 days after the last date of posting, publishing, service or display required by this regulation, notify a director in writing stating how that person is affected.
Section 7 (1.1) was added by BC Reg 193/2024, effective July 8, 2024.
Section 8 (1) BEFORE amended by BC Reg 54/2023, effective March 1, 2023.
(1) The applicant must, if required by a director, offer to meet with any person or persons who, in the opinion of the director, may be adversely affected by the discharge, emission or storage, to explain and clarify the intent of the application and to describe the discharge, emission or storage and its potential effect on the receiving environment.
Schedule A BEFORE re-enacted by BC Reg 54/2023, effective March 1, 2023.
[am. B.C. Reg. 321/2004, s. 24 (c) and (f).]
Notification, Posting and Publication Requirements
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | |
| Type of Authorization | Type of Project | Application for a New Permit or Approval | Application for an Amendment to a Permit or Approval | Notice of Decision to Issue or Amend a Permit or Approval (excluding minor amendments) | |
| Significant Amendment | Minor Amendment | ||||
| Permit | Hazardous Waste Treatment or Disposal Project or Reviewable Project | B,M,R,G,N | B,M,R,G,N | — | M,C |
| All other applications | S,M,G,N | S,M,G,N | — | C | |
| Approval | Hazardous Waste Treatment or Disposal Project or Reviewable Project | B,M,N | B,M,N | — | C |
| All other applications | A | A | — | A | |
Abbreviations:
| M | = | give notice to municipalities, regional districts and chairpersons of waste management planning committees |
| R | = | give notice to residents and owners of property immediately adjacent to the property under application and within an area specified by a director |
| C | = | give notice to all persons who submitted written notification of concerns |
| S | = | post on site |
| B | = | post on site on a billboard as described and specified in Schedule B |
| G | = | publish in British Columbia Gazette Part I at the applicant's expense |
| N | = | publish in local newspaper(s) at the applicant's expense |
| A | = | as specified by a director |
Schedule A, section 3 BEFORE re-enacted by BC Reg 193/2024, effective July 8, 2024.
Notice of decision
3 If a director issues or amends a permit or approval, the director must give notice as follows:
(a) in relation to a permit for a facility requiring a permit under section 24.1 of the Hazardous Waste Regulation, the director must provide the notice described in item 1 of column 5 of Table 1;
(b) in relation to a permit for any other application, the director must provide the notice described in item 2 of column 5 of Table 1;
(c) in relation to an approval, the director must provide the notice described in item 3 of column 4 of Table 1.
Schedule A, Table 1 BEFORE amended by BC Reg 193/2024, effective July 8, 2024.
Table 1: Notice requirements
| Item | Column 1 Type of authorization | Column 2 Type of project | Column 3 Application for new permit or approval | Column 4 Application for significant amendment to permit or approval |
| 1 | Permit | Project requiring permit under section 24.1 of the Hazardous Waste Regulation | M, R, N, A and D | M, R, N, A and D |
| 2 | Permit | All other applications | M, S, N, A and D | M, S, N, A and D |
| 3 | Approval | All other applications | A | A |
Schedule A, Table 1, Abbreviation C BEFORE struck out by BC Reg 193/2024, effective July 8, 2024.
Abbreviations:
| C | = | give notice to all persons who submitted written notice of concerns |
Schedule B BEFORE repealed by BC Reg 54/2023, effective March 1, 2023.
[am. B.C. Reg. 321/2004, s. 24 (g).]
Billboard for Posting Applications on Site
| ENVIRONMENT PROTECTION NOTICE This site is the subject of an application for a permit or approval under the Environmental Management Act. For further details see the application posted below.
Protection Program indicated on the application form. |
| Specifications: | Dimensions of billboard: | 1 metre x 1 metre (minimum) |
| Type size: | 120 point (minimum) | |
| Colours: | Background - White | |
| Lettering - Black |