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"Point in Time" Regulation Content

Environmental Management Act

Spill Cost Recovery Regulation

B.C. Reg. 250/98

 Regulation BEFORE repealed by BC Reg 185/2017, effective October 30, 2017.

B.C. Reg. 250/98
O.C. 845/98
Deposited July 17, 1998

Environmental Management Act

Spill Cost Recovery Regulation

[includes amendments up to B.C. Reg. 321/2004]

Application

1   The costs prescribed to be reasonable costs by this regulation are in addition to any other costs that apply.

The determination of reasonable costs

2   (1) The expenditures for the following by or on behalf of the government are, in addition to any other costs incurred by government in the matter, to be applied for the purposes of the determination of reasonable costs of spill response actions under section 80 of the Environmental Management Act:

(a) hours of field response and office activities undertaken by one or more responding government employees;

(b) hourly charge of responding government employees;

(c) kilometres traveled by government vehicles;

(d) distance charges for use of government vehicles;

(e) food and accommodation expenditures;

(f) private goods and services contracted, hired, rented or purchased;

(g) consulting and other professional charges;

(h) rent on use of government equipment;

(i) replacement, repair or cleaning of damaged or used response equipment, directly resulting from field response action undertaken;

(j) research and analysis services related to post-incident evaluation, contingency plan reviews, cleanup certification and other incident follow-up activities.

(2) In determining reasonable costs of spill response actions under section 80 of the Environmental Management Act an additional amount equal to 25% of the amount determined under subsection (1) may be applied to defray overhead costs to government.

(3) Despite subsections (1) and (2), the minimum reasonable cost of spill response actions under section 80 of the Environmental Management Act is $175 for the field response to any spill.

[am. B.C. Reg. 321/2004, s. 27.]