Interpretation

1   In this regulation:

"Act" means the Environmental Management Act;

"beehive burner" means a conical-shaped single chamber incinerator used for the disposal of wood residue;

"burner facility" means a beehive burner, a modified silo burner or an unmodified silo burner;

"emergency" means a temporary circumstance whereby the continued disposal of wood residue by a means other than a beehive burner or unmodified silo burner is beyond the reasonable control of the burner facility operator;

"modified silo burner" means a refractory lined silo burner with a height-to-diameter ratio of at least 1.75, equipped with under-fire air, over-fire air, combustion controls, feed systems and designed to allow particulate collection equipment to be added;

"unmodified silo burner" means a refractory-lined single chamber incinerator which is not equipped with particulate collection equipment and is used for the disposal of wood residue.

[am. B.C. Regs. 436/97, s. 1; 480/98, s. 1; 171/99; 17/2001, s. 1; 321/2004, s. 33 (a) and (b); 220/2006, Sch. s. 14; 1/2011 Sch. s. 1; 46/2018, App. 3, s. 7.]

Beehive burners and unmodified silo burners

2   (1) A person must not use a burner facility to dispose of wood residue, unless the person is authorized under subsection (2) or (6).

(2) Subject to subsection (3), a burner facility operator who holds a permit identified in Schedule 1 may use, in accordance with the terms and conditions of the permit, a burner facility to dispose of wood residue until December 31, 2016 or, if the permit is also identified in Schedule 1.1, August 31, 2018.

(3) If there is a conflict between the terms and conditions of a permit identified in Schedule 1 and this regulation, this regulation prevails to the extent of the conflict.

(4) Subject to subsection (5),

(a) a burner facility operator who holds a permit identified in Schedule 1, and

(b) a burner facility operator who does not hold a permit identified in Schedule 1 but who, on December 31, 1995, had a valid permit authorizing the operation of the burner facility

may apply to a director to use a burner facility to dispose of wood residue on the grounds that there is no alternative means of disposing of wood residue because of an emergency, labour dispute or work stoppage.

(5) A burner facility operator referred to in subsection (4) (a) may apply under that subsection only after December 31, 2016, and a burner facility operator referred to in subsection (4) (b) may apply under that subsection only before January 1, 2017.

(6) On receiving an application under subsection (4), a director may authorize the applicant's use of a burner facility, if the director is satisfied that the grounds on which the application is made have been established.

(7) The director may grant an authorization under subsection (6)

(a) for a period not exceeding 60 days, or

(b) with the approval of the minister, for a period not exceeding 120 days,

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

(8) Despite the Permit and Approval Fees and Charges Regulation, B.C. Reg. 299/92, the fee payable per tonne of discharged total particulate

(a) by a burner facility operator referred to in subsection (4) (a) is $29.29, and

(b) by a burner facility operator referred to in subsection (4) (b) is $251.68.

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

[en. B.C. Reg. 1/2011, Sch. s. 2; am. B.C. Regs. 109/2017, s. 1; 46/2018, App. 3, s. 8.]

Repealed

3   Repealed. [B.C. Reg. 1/2011, Sch. s. 3.]