Definitions and interpretation

1   (1) In this Code:

"Act" means the Environmental Management Act;

"British Columbia Environmental Laboratory Manual" means the British Columbia Environmental Laboratory Manual: 2007 — For the Analysis of Wastewater, Sediment, Biological Materials and Discrete Ambient Air Samples, published by the minister;

"British Columbia Field Sampling Manual" means the British Columbia Field Sampling Manual: 2003 — For Continuous Monitoring and the Collection of Air, Air-Emission, Water, Wastewater, Soil, Sediment and Biological Samples, published by the minister;

"concrete and concrete products industry" has the same meaning as in Schedule 2 of the Waste Discharge Regulation;

"establishment" means an establishment in the concrete and concrete products industry;

"establishment premises" means, in relation to an establishment, any land, building or premises in or on which the establishment engages in manufacturing ready-mix concrete or concrete products, including any areas in or on which activities related to that manufacturing, such as selling, displaying, storing or packaging, take place;

"establishment runoff" means runoff, whether from rainfall, snow or snowmelt, at or from establishment premises;

"groundwater" has the same meaning as in the Municipal Sewage Regulation, B.C. Reg. 129/99;

"process water" means, in relation to an establishment, any water-based discharge produced in the course of manufacturing concrete products or ready-mix concrete at establishment premises, including such discharge resulting from the use of water in

(a) dust suppression at establishment premises, or

(b) cleaning establishment premises or any vehicle or other facility of the establishment,

but does not include domestic sewage, as defined in the Sewerage System Regulation;

"publish" includes posting on a publicly accessible website maintained by the minister;

"Sewerage System Regulation" means the Sewerage System Regulation, B.C. Reg. 326/2004;

"sludge" means sand, gravel or cement deposits that accumulate in a settling pond or settling basin;

"surface water" has the same meaning as in the Sewerage System Regulation;

"waste concrete" means, in relation to an establishment, any sludge or concrete or both, which are produced in the operations of the establishment but are not used, recycled or reused in the manufacture of concrete products or ready-mix concrete or for any other purpose;

"Waste Discharge Regulation" means the Waste Discharge Regulation, B.C. Reg. 320/2004.

(2) The following are prescribed as waste for the purposes of paragraph (g) of the definition of "waste" in the Act:

(a) process water;

(b) silo emissions described in section 4 of this code;

Registration required

2   A person must register with a director under section 4 of the Waste Discharge Regulation for the purposes of an exemption in relation to this code.

Dust control

3   A person operating an establishment

(a) must take measures to control dust produced in the operation of the establishment, including any dust produced at the establishment premises by traffic, storage activities or the handling of materials, and

(b) must ensure that such dust does not cause pollution.

Authorized discharge: silo emissions and air quality

4   (1) If there is a silo at or on establishment premises, a person operating the establishment

(a) must implement a particulate control system for the collection, control and suppression of emissions discharged to the air from the silo, and

(b) must ensure that those silo emissions do not cause pollution.

(2) The opacity of silo emissions discharged to the air must not exceed 10% averaged over 6 consecutive minutes.

(3) The operator under subsection (1) must ensure that the particulate control system is inspected at least once a month to verify that it is in good working order.

Disposal of waste concrete

5   A person operating an establishment must ensure that waste concrete is not disposed of in a manner that causes pollution.

Authorized discharge: effluent and groundwater quality

6   (1) Process water of an establishment must not be discharged to the ground except in accordance with subsection (2).

(2) A person operating an establishment must ensure that its process water and establishment runoff do not cause pollution of any groundwater.

Authorized discharge: effluent and surface and marine water quality

7   (1) Process water of an establishment must not be discharged into surface water or marine water except in accordance with this section.

(2) A person operating an establishment

(a) must implement an effluent treatment system for the treatment of process water and establishment runoff discharged or flowing into surface water or marine water, and

(b) must ensure that such process water or establishment runoff

(i) has a pH level of no less than 6.5 and no more than 9,

(ii) contains no more than 75 mg/L total suspended solids,

(iii) contains no more than 15 mg/L total extractable hydrocarbons, and

(iv) is not acutely lethal to fish.

(3) The operator under subsection (2) must ensure that the effluent treatment system is inspected at least once a month to verify that it is in good working order.

(4) For the purposes of subsection (2) (b) (iv), "acutely lethal to fish", in respect of any process water or establishment runoff, means that the process water or establishment runoff, at 100% concentration, kills more than 50% of the rainbow trout in a 96-hour LC50 rainbow trout bioassay.

Monthly effluent sampling and analysis

8   (1) A person operating an establishment must ensure that its process water and establishment runoff is sampled and analyzed at least once a month and in accordance with this section.

(2) The sampling must be performed using

(a) the procedures described in the British Columbia Field Sampling Manual, as amended from time to time, or

(b) alternate procedures approved by a director.

(3) The analysis must be performed using

(a) the procedures described in the British Columbia Environmental Laboratory Manual, as amended from time to time, or

(b) alternate procedures approved by a director.

(4) A record of the sampling and analysis must be made and it must include all of the following information:

(a) the name of the person performing the sampling and analysis;

(b) the name of the person making the record;

(c) the date of the sampling and the analysis;

(d) the date on which the record is made;

(e) the procedures used in performing the sampling or analysis, as the case may be;

(f) the results of the analysis with reference to the standards described in section 7 (2) (b) (i) to (iii).

System inspection records

9   (1) A person operating an establishment must ensure that a record is made for every inspection under section 4 (3) or 7 (3).

(2) The record of inspection must include all of the following information:

(a) the name of the person performing the inspection;

(b) the date of the inspection;

(c) the date on which the record is made;

(d) the procedures used in performing the inspection;

(e) the results of that inspection.

System failures

10   If the particulate control system or effluent treatment system of an establishment become inoperative for any reason, a person operating the establishment must immediately

(a) take remedial action to eliminate or, if that is not possible, minimize, harm to the environment,

(b) notify a director, whether in person or by phone, fax or other electronic means,

(c) take and comply with remedial action that may be required by the director, and

(d) take action to make the system operative again.

Keeping and providing establishment records

11   (1) A person operating an establishment must ensure that a record made under section 8 [monthly effluent sampling and analysis] or 9 [system inspection records] is kept at the establishment premises for a period of not less than 5 years from the date the record is made.

(2) The operator must immediately provide to a director or an officer, on request, a record required to be kept under subsection (1).