Beehive burners and unmodified silo burners

2  (1)  Except as otherwise provided in this section, a person must not use a beehive burner, unmodified silo burner or modified silo burner to dispose of wood residue.

(2)  A burner facility operator listed in column 1 of Schedule 1 may use a beehive burner or unmodified silo burner to dispose of wood residue until the date set out opposite in Column 2 if

(a) on December 31, 1995, the burner facility operator is authorized to do so by a valid and subsisting permit,

(b) the burner facility operator undertakes to a director to complete the necessary modifications to meet the conditions set out opposite in Column 3 by July 31, 2001, if applicable, and

(c) after July 31, 2001, if applicable, the burner facility is operated using the equipment, practices and operating criteria set out opposite in Column 3.

(2.1)  Despite subsection (2), a permit continues to be required to use a beehive burner or unmodified silo burner and all terms and conditions of the permit apply except where there is a conflict with this regulation, in which case this regulation applies.

(2.2)  Despite subsection (2), a burner facility operator listed in column 1 of Schedule 1 may use a beehive burner, unmodified silo burner, or modified silo burner to dispose of wood residue until June 30, 2005, if the burner facility operator submits to a director, by July 31, 2003, a plan and a schedule for implementation of the plan that specify

(a) equipment improvements or modifications or operational modifications the burner facility operator will undertake to minimize the emissions from the burner facility, and

(b) when the improvements or modifications will be made.

(2.3)  On review of the plan and schedule referred to in subsection (2.2) and consideration of the site specific circumstances, the director, by written notice to the burner facility operator within 30 days of receipt of the plan and schedule, may require changes to the plan and schedule that the director considers necessary to assure adequate pollution prevention and public health protection.

(3)  Subject to subsection (4), a burner facility operator in Column 1 of Schedule 1 may, on application to a director, use a beehive burner or unmodified silo burner to dispose of wood residue on and after the date set out opposite in Column 2 if, in the opinion of the director, the burner facility operator is unable to use an alternative means of disposing of wood residue because of an emergency, labour dispute or work stoppage.

(4)  An application under subsection (3) may be authorized by the director

(a) for a period not exceeding 90 operating days, or

(b) with the approval of the minister, for a period exceeding 90 operating days,

but the authorization terminates when the emergency, labour dispute or work stoppage ends.

(4.1)  Subsections (3) and (4) apply to a burner facility operator listed in Schedule 3.

(5)  A person who is not a burner facility operator listed in Column 1 of Schedule 1 or in Schedule 3 may use a beehive burner or unmodified silo burner if the person is, on December 31, 1995, authorized to do so by a valid and subsisting permit.

(6)  The date in Column 2 of Schedule 1 for a burner facility operator set out opposite in Column 1 is extended to a date not later than December 31, 2004 determined by a director if

(a) the burner facility operator submits a burner phase out plan and schedule to the director,

(b) that plan and schedule demonstrate to the satisfaction of the director that the burner facility operator has entered into agreements to implement alternative methods to use or dispose of the wood residue, and

(c) the director is satisfied that the phase out plan will be implemented by that date.

(7)  On application to the minister, a director may approve, for protection of the environment, the construction and use of a modified silo burner, subject to a requirement that the applicant operate the burner in accordance with a plan and specifications incorporated into and forming a part of a permit issued under section 14 of the Act.

(8)  Despite the fees regulation, for the purposes of determining the fee payable to operate a burner facility by a burner facility operator listed in Column 1 of Schedule 1 or in Schedule 3, the fee per tonne discharged set out in Column 2 of Schedule B of the fees regulation for the Total Particulate in Column 1 of that Schedule is deemed

(a) for the period January 1, 2001 to December 31, 2001 to be $110,

(b) for the period January 1, 2002 to December 31, 2002 to be $120,

(c) for the period January 1, 2003 to December 31, 2003 to be $130,

(d) for the period January 1, 2004 to June 30, 2005 to be $140, and

(d.1) commencing July 1, 2005 to be $208,

and the fee payable per tonne of discharged total particulate by all other burner facility operators to operate a beehive burner or unmodified silo burner is

(e) $16.30 for the period January 1, 2001 to June 30, 2005, and

(f) $24.21 commencing July 1, 2005.

(9)  For the purposes of subsection (8), the fee must be calculated using the discharge as authorized in the permit or approval.

[am. B.C. Regs. 436/97, s. 2; 480/98, s. 2; 268/2000, s. 1; 17/2001, s. 2; 382/2002, s. 1; 150/2004; 321/2004, s. 33 (c) and (d); 556/2004, ss. (a) to (d).]

 Wood residue incinerators

3  (1)  The disposal of wood residue by a wood residue incinerator is exempt from section 6 of the Act if the owner of the wood residue incinerator complies with all of the following conditions:

(a) the owner submits to a director, within 90 days of completion of the construction of or a major modification to the wood residue incinerator, a statement that includes

(i)  the name, mailing address and telephone number of the owner of the wood residue incinerator,

(ii)  the location (street and legal address), mailing address and telephone number of the wood residue incinerator,

(iii)  a description of, and engineering drawings used for construction of, the wood residue incinerator and a site plan which shows all incinerator emission sources,

(iv)  the design wood residue feed rate in tonnes/day, estimated amount of wood residue burned in tonnes/year, flue gas flow rate in m3/hour, air contaminant concentrations in mg/m3, mass flow rates in kg/hour and residual ash quantity in kg/day,

(v)  a description of all discharge sampling facilities and continuous emission monitoring equipment, and

(vi)  the type and quantity of auxiliary fuel used for the wood residue incinerator;

(b) the owner pays in each year to the government, in a manner and on a date specified by the director, a fee, based upon the information supplied as required by paragraph (c), calculated by adding

(i)  the base fee in Column 2 of Schedule "A" of the fees regulation set out opposite the permit type "Air" in Column 1, and

(ii)  the product obtained by multiplying the quantity of contaminant in each year by the unit fee for that contaminant as specified in Schedule "B", "C" or "D" of the fees regulation for the applicable period in Column 2 set out opposite the contaminant in Column 1;

(c) the owner reports, in writing in each year, at least 45 days before the anniversary date of completion of construction of the wood residue incinerator, the information required by paragraph (a) (iv), which information

(i)  has been updated for the purpose of calculating the fee required by paragraph (b), and

(ii)  is acceptable to a director;

(d) the discharge of air contaminants into the atmosphere and the opacity of the stack gas from the wood residue incinerator does not exceed the limits specified in Schedule 2;

(e) the wood residue incinerator discharge stack is monitored in accordance with the requirements specified in Schedule 2;

(f) each person who operates the wood residue incinerator

(i)  records all monitoring and sampling results at the person's normal place of business and maintains a copy of this record for at least 2 years after obtaining these results,

(ii)  produces the record of the monitoring or sampling results for inspection during normal business hours if requested to do so by an officer, and

(iii)  provides a written report, if requested to do so by an officer, in a form and by a date the officer specifies, of the information or any part of the information contained in the record of the monitoring or sampling results;

(g) the owner of the wood residue incinerator ensures that in the event of an emergency or condition beyond the control of the operator which prevents continuing operation of the treatment works, the operator will promptly notify a director and take remedial action acceptable to the director.

(2)  For the purpose of subsection (1) (b), the contaminant loading must be calculated in accordance with the methods prescribed in section 3 (4) of the fees regulation.

[am. B.C. Reg. 321/2004, s. 33 (c) and (e).]