Regulation BEFORE repealed by BC Reg 187/2017, effective October 30, 2017.
| B.C. Reg. 263/90 O.C. 1223/90 | Deposited August 10, 1990 |
Environmental Management Act
Spill Reporting Regulation
[includes amendments up to B.C. Reg. 376/2008, December 9, 2008]
Interpretation
1 In this regulation:
"Act" means the Environmental Management Act;
"PEP" means the Provincial Emergency Program continued under the Emergency Program Act;
"spill" means a release or discharge into the environment, not authorized under the Act, of a substance in an amount equal to or greater than the amount listed in Column 2 of the Schedule opposite that substance in Column 1;
"substance" means a substance, product, material or other thing listed in Column 1 of the Schedule to this regulation.
[am. B.C. Regs. 321/2004, s. 28 (a) and (b); 220/2006, Sch. s. 3.]
Report
2 (1) For the purposes of section 79 (5) of the Act, a person who had possession, charge or control of a substance immediately before its spill shall immediately report the spill to PEP by telephoning 1-800-663-3456.
(2) Where it appears to a person observing a spill that a report under subsection (1) has not been made, he or she shall make the report referred to in this section.
(3) A report under this section shall include, to the extent practical,
(a) the reporting person's name and telephone number,
(b) the name and telephone number of the person who caused the spill,
(c) the location and time of the spill,
(d) the type and quantity of the substance spilled,
(e) the cause and effect of the spill,
(f) details of action taken or proposed to comply with section 3,
(g) a description of the spill location and of the area surrounding the spill,
(h) the details of further action contemplated or required,
(i) the names of agencies on the scene, and
(j) the names of other persons or agencies advised concerning the spill.
[am. B.C. Reg. 220/2006, Sch. s. 4.]
Further action
3 Where a spill occurs, the person who immediately before the spill had possession, charge or control of the spilled substance shall take all reasonable and practical action, having due regard for the safety of the public and of himself or herself, to stop, contain and minimize the effects of the spill.
[en. B.C. Reg.376/2008.]
Reportable Levels for Certain Substances
1 In this Schedule:
"Federal Regulations" means the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act (Canada);
"Hazardous Waste Regulation" means B.C. Reg. 63/88.
| Item | Column 1 Substance spilled | Column 2 Specified amount |
| 1 | Class 1, Explosives as defined in section 2.9 of the Federal Regulations | Any quantity that could pose a danger to public safety or 50 kg |
| 2 | Class 2.1, Flammable Gases, other than natural gas, as defined in section 2.14 (a) of the Federal Regulations | 10 kg |
| 3 | Class 2.2 Non-Flammable and Non-Toxic Gases as defined in section 2.14 (b) of the Federal Regulations | 10 kg |
| 4 | Class 2.3, Toxic Gases as defined in section 2.14 (c) of the Federal Regulations | 5 kg |
| 5 | Class 3, Flammable Liquids as defined in section 2.18 of the Federal Regulations | 100 L |
| 6 | Class 4, Flammable Solids as defined in section 2.20 of the Federal Regulations | 25 kg |
| 7 | Class 5.1, Oxidizing Substances as defined in section 2.24 (a) of the Federal Regulations | 50 kg or 50 L |
| 8 | Class 5.2, Organic Peroxides as defined in section 2.24 (b) of the Federal Regulations | 1 kg or 1 L |
| 9 | Class 6.1, Toxic Substances as defined in section 2.27 (a) of the Federal Regulations | 5 kg or 5 L |
| 10 | Class 6.2, Infectious Substances as defined in section 2.27 (b) of the Federal Regulations | 1 kg or 1 L, or less if the waste poses a danger to public safety or the environment |
| 11 | Class 7, Radioactive Materials as defined in section 2.37 of the Federal Regulations | Any quantity that could pose a danger to public safety and an emission level greater than the emission level established in section 20 of the "Packaging and Transport of Nuclear Substances Regulations" |
| 12 | Class 8, Corrosives as defined in section 2.40 of the Federal Regulations | 5 kg or 5 L |
| 13 | Class 9, Miscellaneous Products, Substances or Organisms as defined in section 2.43 of the Federal Regulations | 25 kg or 25 L |
| 14 | waste containing dioxin as defined in section 1 of the Hazardous Waste Regulation | 1 kg or 1 L, or less if the waste poses a danger to public safety or the environment |
| 15 | leachable toxic waste as defined in section 1 of the Hazardous Waste Regulation | 25 kg or 25 L |
| 16 | waste containing polycyclic aromatic hydrocarbons as defined in section 1 of the hazardous Waste Regulation | 5 kg or 5 L |
| 17 | waste asbestos as defined in section 1 of the Hazardous Waste Regulation | 50 kg |
| 18 | waste oil as defined in section 1 of the Hazardous Waste Regulation | 100 L |
| 19 | waste containing a pest control product as defined in section 1 of the Hazardous Waste Regulation | 5 kg or 5 L |
| 20 | PCB Wastes as defined in section 1 of the Hazardous Waste Regulation | 25 kg or 25 L |
| 21 | waste containing tetrachloroethylene as defined in section 1 of the Hazardous Waste Regulation | 50 kg or 50 L |
| 22 | biomedical waste as defined in section 1 of the Hazardous Waste Regulation | 1 kg or 1 L, or less if the waste poses a danger to public safety or the environment |
| 23 | A hazardous waste as defined in section 1 of the Hazardous Waste Regulation and not covered under items 1 – 22 | 25 kg or 25 L |
| 24 | A substance, not covered by items 1 to 23, that can cause pollution | 200 kg or 200 L |
| 25 | Natural gas | 10 kg, if there is a breakage in a pipeline or fitting operated above 100 psi that results in a sudden and uncontrolled release of natural gas |
[Provisions of the Environmental Management Act, S.B.C. 2003, c. 53, relevant to the enactment of this regulation: sections 53, 79 (5) and 92]