B.C. Reg. 370/2002
O.C. 1156/2002 |
Deposited December 19, 2002
effective December 30, 2002 |
|
This archived regulation consolidation is current to April 21, 2006 and includes
changes
enacted and in force by that date. For the most current information, click
here.
|
Environmental Assessment Act
Reviewable Projects Regulation
[includes amendments up to B.C. Reg. 14/2006, February 10, 2006]
Part 1— Interpretation
Definitions
1In this regulation:
"Act" means the Environmental Assessment Act;
"applicable table" , in relation to a new project, a modification to an existing facility or a dismantling
and abandonment of an existing facility, means whichever of Tables 1 to 15, set out
in this regulation, lists in Column 1 the category of facility within which the new
or existing facility fits;
"CWF" means the contaminant weighting factor set out in Appendix 1 for a permitted contaminant;
"existing facility" means a constructed or substantially constructed facility, whether or not operating,
but does not include a facility that has permanently ceased operations and has been
abandoned;
"facility" means one or more physical works or structures that have been or will be constructed
as part of a project;
"foreshore" means land in tidal or non-tidal areas that, as a result of the rise and fall of the
sea or water in an estuary or stream between the natural boundary and the ordinary
low water mark, is periodically covered by salt water or fresh water and periodically
exposed;
"natural boundary" has the same meaning as in the Land Act;
"new facility" means a proposed facility, or a facility for which construction has begun but which
has not started regular operations;
"SIC code" means the code assigned to a category of projects under the "Standard Industrial Classification",
1980, Fourth Printing March 1989, published by the Minister of Supply and Services
(Canada);
"stream" has the same meaning as in the Water Act;
"submerged land" means land that lies below the ordinary low water mark of a stream, marine coast line
or estuary and that is normally covered by salt water or fresh water;
"waste discharge" means the quantity of gaseous, liquid or solid waste contaminants introduced into
the environment from a facility.
How to calculate total waste discharge
2(1) The total waste discharge for a facility is the quantity of waste that is permitted
under the Environmental Management Act to be discharged from the facility.
(2)
The total waste discharge for a facility is calculated by adding the products obtained
by multiplying the CWF for each permitted contaminant by the permitted discharge rate,
in tonnes or other unit of measurement specified in Appendix 1, for that contaminant.
[am. B.C. Reg. 30/2005, s. 1.]
Reviewable projects prescribed
3(1) A new project that is in a category described in Column 1 of the applicable table
is prescribed as a reviewable project if it meets the criteria set out opposite in
Column 2.
(2)
A proposed modification of an existing project that is in a category described in
Column 1 of the applicable table is prescribed as a reviewable project if it meets
the criteria set out opposite in Column 3.
(3)
A proposed dismantling and abandonment of an existing facility that is in a category
described in Column 1 of the applicable table is prescribed as a reviewable project
if it meets the criteria set out opposite in Column 4.
(4)
For the purposes of subsections (1) and (2), if a new project or the modification
of an existing project requires construction of a facility before regular operations
can proceed, the time when the new project or the modification must meet the criteria
is by the time the construction is completed.
What assessment of construction includes
4(1) Subject to subsection (2) and unless otherwise indicated in the applicable table,
(a)an assessment of a new project includes the assessment of the construction, operation,
dismantling and abandonment phases of the project, and
(b)an assessment of the modification of an existing project includes the assessment of
the construction, operation, dismantling and abandonment phases of the modified portion
of the existing project.
(2)
If an applicable table includes a Column 4 setting out the criteria that, when met,
result in the dismantling and abandonment of an existing project in that category
being prescribed as a reviewable project, an assessment of the construction of a new
project in that category or of the modification of an existing project in that category
does not include an assessment of the dismantling and abandonment phases for projects
in that category.
Part 2— Industrial Projects
Definitions for Part 2
5In this Part:
"integrated paper or paperboard manufacturing" means a plant that produces pulp as part of the process for producing paper or paperboard;
"non-integrated paper or paperboard manufacturing" means a plant that does not produce pulp as part of the process for producing paper
or paperboard;
"threshold A" means the criteria described in section 6 (1);
"threshold B" means the criteria described in section 6 (2);
"threshold C" means the criteria described in section 6 (3);
"threshold D" means the criteria described in section 6 (4).
Criteria for proposed modifications of industrial projects
6(1) In this Part, threshold A is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would meet the criteria
set out opposite in Column 2, and
(b)the modification will result in an increase of at least 30% in the total waste discharge
from the facility
(2)
In this Part, threshold B is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would meet the criteria
set out opposite in Column 2, and
(b)the modification will result in an increase in the production capacity of the facility
of at least 35% but less than 50%, unless there is a decrease of 10% or more in the
total waste discharge from the facility.
(3)
In this Part, threshold C is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would not meet the criteria
set out opposite in Column 2, and
(b)the modification will result in
(i)an increase in the production capacity of the facility of at least 35%, unless there
is a decrease of 10% or more in the total waste discharge from the facility, and
(ii)a facility that, were it a new facility in the same category as the existing facility
as described in Column 1 of the applicable table, would meet the criteria set out
opposite in Column 2.
(iii)Repealed. [B.C. Reg. 14/2006, s. (b).]
(4)
In this Part, threshold D is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would meet the criteria
set out opposite in Column 2, and
(b)the modification will result in an increase in the production capacity of the facility
of at least 50%.
[am. B.C. Reg. 14/2006.]
Table 1 — Organic and Inorganic Chemical Industry
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Industrial Inorganic Chemical Industries not elsewhere classified — SIC code 3711 |
| 2 |
Industrial Organic Chemical Industries not elsewhere classified — SIC code 3712 |
| 3 |
Chemical Fertilizer and Fertilizer Materials Industry — SIC code 3721 |
| 4 |
Mixed Fertilizer Industry — SIC code 3722 |
| 5 |
Other Agricultural Chemical Industries — SIC code 3729 |
| 6 |
Plastic and Synthetic Resin Industry — SIC code 3731 |
| 7 |
Paint and Varnish Industry — SIC code 3751 |
| 8 |
Other Chemical Products Industries not elsewhere classified — SIC code 3799 |
|
| Criteria: |
| (1) |
A new manufacturing facility |
| |
(a) |
that has a production capacity of > 100 000 tonnes/year, or
|
| |
(b) |
that |
| |
|
(i) |
produces materials classified under the Transportation of Dangerous Goods Act (Canada) as "Explosives", "Flammable Solids", "Corrosives", "Poisonous (toxic) and
Infectious Substances" or "Oxidizing Substances and Organic Peroxides", and
|
| |
|
(ii) |
has a production capacity of > 5 000 tonnes/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
Table 2 — Primary Metals Industry
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Ferro-alloys Industry — SIC code 2911 |
| 2 |
Other Primary Steel Industries — SIC code 2919 |
| 3 |
Primary Production of Aluminum Industry — SIC code 2951 |
| 4 |
Other Primary Smelting & Refining of Non-Ferrous Metal Industries — SIC code 2959 |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new manufacturing facility, regardless of size. |
| (2) |
If refining processes, precious metal distillate processes or ore roasting processes
are integrated with ore milling operations at, or in the vicinity of, a mine site
and are dedicated to the mining operations at the mine site, those processes are not
reviewable as part of a project that is a reviewable project under subsection (1)
|
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, or |
| |
(c) |
Threshold D. |
| (2) |
If refining processes, precious metal distillate processes or ore roasting processes
are integrated with ore milling operations at, or in the vicinity of, a mine site
and are dedicated to the mining operations at the mine site, those processes are not
reviewable as part of a project that is a reviewable project under subsection (1).
|
|
Table 3 — Non-metallic Mineral Products Industries
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Hydraulic Cement Industry — SIC code 3521 |
| 2 |
Primary Glass and Glass Containers Industry — SIC code 3561 |
| 3 |
Lime Industry — SIC code 3581 |
|
| Criteria: |
| (1) |
A new manufacturing facility with a production capacity of > 100 000 tonnes/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 4 |
Asbestos Products Industry — SIC code 3592 |
|
| Criteria: |
| (2) |
A new manufacturing facility, regardless of size. |
|
| Criteria: |
| (2) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, or |
| |
(c) |
Threshold D. |
|
Table 4 — Forest Products Industries
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Pulp manufacturing facility in one of the following SIC codes: |
| |
(a) |
Pulp Industry — SIC code 2711; |
| |
(b) |
Newsprint Industry — SIC code 2712; |
| |
(c) |
Paperboard Industry — SIC code 2713; |
| |
(d) |
Other Paper Industries —
SIC code 2719.
|
|
| Criteria: |
| (1) |
A new manufacturing facility, regardless of size. |
|
| Criteria: |
| (1) |
Modification of an existing facility that |
| |
(a) |
meets Threshold A, as it applies to a modification in the facility's pulp production
capability,
|
| |
(b) |
meets Threshold B, as it applies to an increase in the facility's pulp production
capability,
|
| |
(c) |
meets Threshold D, as it applies to an increase in the facility's pulp production
capability, or
|
| |
(d) |
results in creation of a new paper or paperboard manufacturing capability with a production
capacity of > 250 000 tonnes/year of paper or paperboard.
|
|
| 2 |
Integrated Paper or Paperboard manufacturing facility in one of the following SIC
codes:
|
| |
(a) |
Pulp Industry — SIC code 2711; |
| |
(b) |
Newsprint Industry — SIC code 2712; |
| |
(c) |
Paperboard Industry — SIC code 2713; |
| |
(d) |
Other Paper Industries — SIC code 2719. |
|
| Criteria: |
| (1) |
A new manufacturing facility, regardless of size. |
|
| Criteria: |
| (1) |
Modification of an existing facility that |
| |
(a) |
meets Threshold A, as it applies to a modification in the facility's pulp production
capability,
|
| |
(b) |
meets Threshold B, as it applies to an increase in the facility's pulp production
capability,
|
| |
(c) |
meets Threshold D, as it applies to an increase in the facility's pulp production
capability, or
|
| |
(d) |
results in an increase in paper or paperboard production capacity of > 250 000 tonnes/year.
|
|
| 3 |
Non-integrated Paper and Paperboard manufacturing facility in one of the following
SIC codes:
|
| |
(a) |
Pulp Industry — SIC code 2711; |
| |
(b) |
Newsprint Industry — SIC code 2712; |
| |
(c) |
Paperboard Industry — SIC code 2713; |
| |
(d) |
Other Paper Industries — SIC code 2719. |
|
| Criteria: |
| (1) |
A new manufacturing facility with a production capacity of > 250 000 tonnes/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that results in |
| |
(a) |
for an existing project with a production capacity of > 250 000 tonnes/year, an increase in paper or paperboard production capacity of > 250 000 tonnes/year, or
|
| |
(b) |
the creation at the existing facility of a new pulp production capability. |
|
|
|
| Criteria: |
| (1) |
A new facility, regardless of size. |
|
| Criteria: |
| (1) |
Modification of an existing facility that meets Threshold A. |
|
| 5 |
Wood Preservation Industry — SIC code 2591 |
|
| Criteria: |
| (1) |
A new manufacturing facility with a production capacity of > 25 000 m3/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 6 |
Building Board Industry — SIC code 2714 — excluding medium-density fibreboard |
|
| Criteria: |
| (1) |
A new manufacturing facility with a production capacity of > 100 000 tonnes/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 7 |
Sawmill and Planing Mill Products Industry (except shingles and shakes) — SIC code 2512 |
|
| Criteria: |
| (1) |
A new manufacturing facility with a production capacity of > 750 000 board feet/day.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 8 |
Hardwood Veneer and Plywood Industry — SIC code 2521 |
| 9 |
Softwood Veneer and Plywood Industry — SIC code 2522 |
|
| Criteria: |
| (1) |
A new facility manufacturing |
| |
(a) |
plywood or both plywood and veneer with a production capacity of > 170 000 m3/year, or
|
| |
(b) |
veneer, but not plywood, with a production capacity of > 250 000 m3/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 10 |
Particle Board Industry — SIC code 2592 |
| 11 |
Wafer Board Industry — SIC code 2593 |
| 12 |
Medium-density Fibreboard plants |
|
| Criteria: |
| (1) |
A new manufacturing facility with a production capacity of > 150 000 m3/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
Table 5 — Other Industries
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Pharmaceutical and Medicine Industry — SIC code 3741 |
|
| Criteria: |
| (1) |
A new manufacturing facility with a production capacity of |
| |
(a) |
> 50 tonnes/year of biopharmaceutical products, or
|
| |
(b) |
> 200 tonnes/year of non-biopharmaceutical products.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 2 |
Man-made Fibre and Filament Yarn Industry — SIC code 1811 |
| 3 |
Contract Textile Dyeing and Finishing Industry — SIC code 1992 |
|
| Criteria: |
| (1) |
A new manufacturing facility with aproduction capacity > 15 000 tonnes/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 4 |
Tire and Tube Industry — SIC code 1511 |
|
| Criteria: |
| (1) |
A new facility, regardless of size. |
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 5 |
Leather Tanneries — SIC code 1711 |
|
| Criteria: |
| (1) |
A new manufacturing facility with a production capacity of > 500 000 m2/year.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 6 |
Lead-acid Battery Plants |
|
| Criteria: |
| (1) |
A new facility manufacturing lead-acid batteries, regardless of size. |
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
Part 3— Mine Projects
Definitions for Part 3
7In this Part:
"clean coal" means coal that requires processing in a coal preparation plant before it is transported
from the mine site for marketing or testing;
"industrial minerals" means the substances listed in Appendix 3;
"mine" has the same meaning as in the Mines Act;
"mineral mine" means a mine where a mineral, as defined in the Mineral Tenure Act, is or could be mined, but does not include a mine where industrial minerals are or
could be mined;
"off-shore mine" means a platform, artificial island or other physical work or structure, including
any associated facilities, that is intended to be used, or is used, for the exploration
for or production of a mineable substance from the foreshore or submerged land along
a marine coastline, or from an off-shore site located in salt water;
"pay-dirt" means mined placer gravel that is or could be processed in a sluice box, wash plant
or other device for extracting precious metals;
"permitted for disturbance" in relation to land, means that the land would be or has been disturbed by mining
activities approved under a Mines Act permit or another permit that was issued as part of a previous mine approval;
"placer mineral mine" means a mine where a placer mineral, as defined in the Mineral Tenure Act, is or could be mined;
"quarry" means a quarry or other operation where construction stone, an industrial mineral
or another substance is or could be mined, but does not include a mineral mine, placer
mineral mine or coal mine or a sand or gravel pit;
"raw coal" means coal that does not require processing in a coal preparation plant before it
is transported from the mine site for marketing or testing;
"threshold E" means the criteria described in section 8 (1);
"threshold F" means the criteria described in section 8 (2);
"threshold G" means the criteria described in section 8 (3).
Criteria for proposed modifications of mine projects
8(1) In this Part, threshold E is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would meet the criteria
set out opposite in Column 2, and
(b)the modification will result in the disturbance of
(i)at least 750 hectares of land that was not previously permitted for disturbance, or
(ii)an area of land that was not previously permitted for disturbance and that is at least
50% of the area of land that was previously permitted for disturbance at the existing
facility.
(2)
In this Part, threshold F is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would meet the criteria
set out opposite in Column 2, and
(b)the modification will result in the disturbance of an area of land that was not previously
permitted for disturbance and that is at least 35% of the area of land that was previously
permitted for disturbance at the existing facility.
(3)
In this Part, threshold G is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would meet the criteria
set out opposite in Column 2, and
(b)the executive director has determined under subsection (4) that the modification has
the potential to result in a significant adverse environmental, economic, social,
heritage or health effect.
(4)
For the purposes of a modification of an existing facility in the off-shore mine project
category, the executive director must determine whether the modification has the potential
to result in a significant adverse environmental, economic, social, heritage or health
effect.
Table 6 — Mine Projects
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Coal Mines —
SIC code 063
|
|
| Criteria: |
| (1) |
A new mine facility that, during operation, will have a production capacity of > 250 000 tonnes/year of clean coal or raw coal or a combination of both clean coal
and raw coal.
|
|
| Criteria: |
| (1) |
Modification of an existing mine facility that meets Threshold E. |
|
|
|
| Criteria: |
| (1) |
A new mine facility that, during operations, will have a production capacity of > 75 000 tonnes/year of mineral ore.
|
|
| Criteria: |
| (1) |
Modification of an existing mine facility that meets Threshold E. |
|
| 3 |
Sand and Gravel Pits — SIC code 082 |
|
| Criteria: |
| (1) |
A new pit facility that will have a production capacity of |
| |
(a) |
> 500 000 tonnes/year of excavated sand or gravel or both sand and gravel during at
least one year of its operation, or
|
| |
(b) |
over a period of < 4 years of operation, > 1 000 000 tonnes of excavated sand or gravel or both sand and gravel.
|
|
| Criteria: |
| (1) |
Modification of an existing pit facility that meets Threshold F. |
|
|
|
| Criteria: |
| (1) |
A new mine facility that, during operations, will have a production capacity of > 500 000 tonnes/year of pay-dirt.
|
|
| Criteria: |
| (1) |
Modification of an existing pit facility that meets Threshold F. |
|
| 5 |
Construction Stone and Industrial Mineral Quarries |
|
| Criteria: |
| (1) |
A new quarry facility or other operation that |
| |
(a) |
involves the removal of construction stone or industrial minerals or both, |
| |
(b) |
is regulated as a mine under the Mines Act, and
|
| |
(c) |
during operations, will have a production capacity of > 250 000 tonnes/year of quarried product.
|
|
| Criteria: |
| (1) |
Modification of an existing mine facility that meets Threshold E. |
|
|
|
| Criteria: |
| (1) |
A new off-shore mine facility. |
|
| Criteria: |
| (1) |
Modification of an existing facility that meets Threshold G. |
|
Part 4— Energy Projects
Definitions for Part 4
9In this Part:
"another power plant" means a facility for the generation of electricity from the sun, the wind or the movement
of tidal water, and includes all associated structures, machinery, appliances, fixtures,
equipment and storage and handling facilities;
"electric transmission line" means a transmission line of 500 kV or higher voltage;
"energy" includes every form of energy;
"energy resource" means natural gas and oil, and all other forms of petroleum and hydrocarbon, in gaseous
or liquid state, and electricity;
"energy storage facility" means a place where an energy resource is accumulated or stored in bulk as part of
the process of being transported or distributed, but does not include
(a)a compressor, separator or dehydrator if the compressor, separator or dehydrator is
used as a part of the production of natural gas or oil, or both, from a well, or
(b)underground facilities used in conjunction with the production of natural gas or oil,
or both, from a well and located at the wellhead;
"hydroelectric power plant" means a facility for the generation of electricity from the motion of water, or from
the position or potential motion of water, and includes associated dams, diversion
works, water conduits and all structures, machinery, appliances, fixtures and equipment;
"municipal solid waste" has the same meaning as in section 12 and includes fuels derived by processing municipal
solid waste;
"natural gas processing plant" means a facility for processing natural gas by removing from it natural gas liquids,
sulphur or substances other than water so that the natural gas meets transmission
pipeline specifications;
"off-shore oil or gas facility" means a platform, artificial island or other physical work or structure, including
any associated facilities, that is intended to be used, or is used, for the exploration
for or production of oil or natural gas from the foreshore or submerged land along
a marine coastline, or from an off-shore site located in salt water;
"process" means any process designed to remove elements or compounds, whether hydrocarbon or
non-hydrocarbon, from gas, and includes absorption, adsorption or refrigeration, but
does not include field processing which normally takes place on or near the extraction
site, such as natural pressure reduction, mechanical separation, heating, cooling,
dehydration, and compression;
"thermal electric power plant" means a facility for generating electricity from the combustion of natural gas, oil,
petroleum products, coal, wood, wood waste, plant products or municipal solid waste
or from the use of geothermal energy or from nuclear fission or fusion, and includes
all associated structures, machinery, appliances, fixtures and equipment, and storage
and handling facilities;
"transmission pipeline" means a pipe or system of pipes through which natural gas, oil or solids, or a liquid
or gas derived from natural gas, oil or solids, whether in suspension or some other
form, is transported, and includes compressor or pumping facilities and other equipment
related to the operation of the transmission pipeline, associated terminal or storage
facilities.
[am. B.C. Regs. 289/2003; 30/2005, s. 2.]
Whether modification results in significant adverse effects
10For the purpose of determining whether the modification of an offshore oil or gas
facility is prescribed as a reviewable project, the executive director must determine
whether the modification has the potential to result in a significant adverse environmental,
economic, social, heritage or health effect.
Table 7 — Electricity Projects
| Column 1 |
Column 2 |
Column 3 |
Column 4 |
| Project Category |
New Project |
Modification of Existing Project |
Dismantling and Abandonment of
Existing Project |
|
|
| Criteria: |
| (1) |
A new facility with a rated nameplate capacity of > 50 MW of electricity that is
|
| |
(a) |
a hydroelectric power plant, |
| |
(b) |
a thermal electric power plant, or |
| |
(c) |
another power plant. |
|
| Criteria: |
| (1) |
Modification of an existing facility that results in the facility having a rated nameplate
capacity that has increased by > 50 MW of electricity.
|
|
| Criteria: |
| (1) |
Dismantling or abandonment of an existing dam facility associated with an existing
hydroelectric power plant of any size, if the dam is, or was, permitted under the
Water Act to impound > 10 million m3 of water.
|
|
| 2 |
Electric Transmission Lines |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new electric transmission line of > 40 km in length on a new right of way.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in |
| |
|
(i) |
the rebuilding of all or part of the facility, the replacement of the existing towers
and the rebuilt facility having a voltage of > 500 kV.
|
| |
|
(ii) |
the addition of one or more electric transmission lines within the right of way occupied
by the existing facility, or
|
| |
|
(iii) |
construction of an extension to the facility having a voltage of > 500 kV.
|
| (2) |
The following types of modifications are not reviewable under subsection (1) (b) (i): |
| |
(a) |
relocation of existing transmission lines within an existing right of way; |
| |
(b) |
increasing the capacity of existing transmission lines by conductor or tower modifications
or replacements, or by changes to the terrain within an existing right of way;
|
| |
(c) |
relocation of transmission line rights of way and associated transmission facilities,
provided they follow the existing general corridor and constitute a length of < 40 km;
|
| |
(d) |
replacement of towers or electric lines or other repairs to an existing facility primarily
for maintenance purposes.
|
| (3) |
Assessment of the modification of an existing facility under subsection (1) does not
include the dismantling and abandonment phases.
|
|
|
Table 8 — Petroleum and Natural Gas Projects
[am. B.C. Reg. 30/2005, s. 3.]
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Energy Storage Facilities |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new energy storage facility with the capability to store
an energy resource in a quantity that can yield by combustion > 3 PJ of energy.
|
| (2) |
Development or use of naturally occurring underground reservoirs for the storage of
petroleum or natural gas is not reviewable under subsection (1) if those reservoirs
are located in the Western Canadian Sedimentary Basin of North East British Columbia
within the map groups and blocks set out in Appendix 2.
|
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in an increase in the capability of the facility to store
an energy resource, other than electricity, by a quantity that can yield by combustion
> 3 PJ of energy.
|
| (2) |
Replacement of project components solely for maintenance purposes is not reviewable
under subsection (1).
|
| (3) |
Development or use of naturally occurring underground reservoirs for the storage of
petroleum or natural gas is not reviewable under subsection (1) if those reservoirs
are located in the Western Canadian Sedimentary Basin of North East British Columbia
within the map groups and blocks set out in Appendix 2.
|
|
| 2 Repealed. [B.C. Reg. 30/2005, s. 3.] |
| 3 |
Natural Gas Processing Plants |
|
| Criteria: |
| (1) |
A new natural gas processing plant facility |
| |
(a) |
that |
| |
|
(i) |
has the design capacity to process natural gas at a rate of < 5.634 million m3/day, and
|
| |
|
(ii) |
will result in sulphur emissions to the atmosphere of > 2 tonnes/day, or
|
| |
(b) |
that has the design capacity to process natural gas at a rate of > 5.634 million m3/day.
|
|
|
Criteria: |
| (1) |
Modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in |
| |
|
(i) |
an incremental increase in sulphur emissions to the atmosphere of > 2 tonnes/day, or
|
| |
|
(ii) |
a change in the design capacity of the facility resulting in an incremental increase
of > 5.634 million m3/day in the capacity of the facility to process natural gas.
|
|
|
|
| Criteria: |
| (1) |
Subject to subsection (2), a new transmission pipeline facility with |
| |
(a) |
a diameter of < 114.3 mm and a length of > 60 km,
|
| |
(b) |
a diameter of between > 114.3 and < 323.9 mm and a length of > 50 km, or
|
| |
(c) |
a diameter of > 323.9 mm and a length of > 40 km.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in |
| |
|
(i) |
for a facility that when modified will have a diameter of < 114.3 mm,
|
| |
|
|
(A) |
rebuilding over a length of > 60 km, or
|
| |
|
|
(B) |
an extension of > 60 km in length,
|
| |
|
(ii) |
for a facility that when modified will have a diameter of between > 114.3 and < 323.9 mm,
|
| |
|
|
(A) |
rebuilding over a length of > 50 km, or
|
| |
|
|
(B) |
an extension of > 50 km in length, or
|
| |
|
(iii) |
for a facility that when modified will have a diameter of > 323.9 mm, |
| |
|
|
(A) |
rebuilding over a length of > 40 km, or
|
| |
|
|
(B) |
an extension of > 40 km in length.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
| (3) |
Replacement of pipe primarily for maintenance or repair purposes is not reviewable
under subsection (1).
|
|
| 5 |
Off-shore Oil or Gas Facilities |
|
| Criteria: |
| (1) |
A new off-shore oil or gas facility. |
|
| Criteria: |
| (1) |
Modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the executive director has determined that the modification has the potential to result
in a significant adverse environmental, economic, social, heritage or health effect.
|
|
Part 5— Water Management Projects
Definitions for Part 5
11In this Part:
"hydroelectric power plant" has the same meaning as in Part 4;
"mine" has the same meaning as in the Mines Act.
Table 9 — Water Management Projects
[am. B.C. Reg. 30/2005, s. 4.]
| Column 1 |
Column 2 |
Column 3 |
Column 4 |
| Project Category |
New Project |
Modification of Existing Project |
Dismantling and Abandonment
of Existing Project |
|
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), a new dam facility that |
| |
(a) |
is > 15 m high, or
|
| |
(b) |
under the Water Act, will be permitted to impound a reservoir containing > 10 million m3 of water above the natural boundary of the streams that supply the water to the reservoir.
|
| (2) |
For the purposes of subsection (1) (a), "height" and "dam" have the same meaning as in the British Columbia Dam Safety Regulation, B.C. Reg. 44/2000.
|
| (3) |
The following are not reviewable under subsection (1): |
| |
(a) |
a dam that is a tailings impoundment constructed and operated solely to serve a single
mine;
|
| |
(b) |
a dam or reservoir that is associated with a hydroelectric power plant. |
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in an increase of the flooded area of the reservoir, as permitted
under the Water Act, by > 20 hectares.
|
| (2) |
The following are not reviewable under subsection (1): |
| |
(a) |
a dam that is a tailings impoundment constructed and operated solely to serve a single
mine;
|
| |
(b) |
a dam or reservoir that is associated with a hydroelectric power plant. |
|
| Criteria: |
| (1) |
Subject to subsection (2), dismantling or abandonment of an existing dam facility
that is, or was, permitted under the Water Act to impound > 10 million m3 of water.
|
| (2) |
The following are not reviewable under subsection (1): |
| |
(a) |
a dam that is a tailings impoundment constructed and operated solely to serve a single
mine;
|
| |
(b) |
a dam or reservoir that is associated with a hydroelectric power plant. |
|
|
|
| Criteria: |
| (1) |
A new dyke facility that protects from flooding an area of > 10 km2.
|
|
| Criteria: |
| (1) |
Modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in the raising of the entire length of the dyke. |
|
| Criteria: |
| (1) |
Dismantling or abandonment of an existing facility that, if it were a new facility,
would meet the criteria set out opposite in Column 2.
|
|
| 3 |
Water Diversion Projects |
|
| Criteria: |
| (1) |
Subject to subsection (2), a facility incorporating new works that |
| |
(a) |
are constructed for the diversion of water, and |
| |
(b) |
under the Water Act, are permitted to divert water at a maximum rate of > 10 million m3/year.
|
| (2) |
The following are not reviewable under subsection (1): |
| |
(a) |
works for the diversion of water which have been authorized under section 8 of the
Water Act;
|
| |
(b) |
works that are intended solely for the purposes of a tailings pond constructed and
operated to serve a single mine;
|
| |
(c) |
a water diversion project that is associated with a hydroelectric power plant. |
|
| Criteria: either (1) or (2) |
| (1) |
Subject to subsection (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in an increase of > 35% in the maximum rate of diversion of water per year permitted under the Water Act.
|
| (2) |
Subject to subsection (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would not meet the criteria set out
opposite in Column 2, and
|
| |
(b) |
the modification results in |
| |
|
(i) |
an increase of > 35% in the maximum rate of diversion of water per year permitted under the Water Act, and
|
| |
|
(ii) |
a maximum rate of diversion of water permitted under the Water Act that is or will be > 10 million m3/year.
|
| (3) |
The following are not reviewable under subsection (1) or (2): |
| |
(a) |
works for the diversion of water which have been authorized under section 8 of the
Water Act;
|
| |
(b) |
works that are intended solely for the purposes of a tailings pond constructed and
operated to serve a single mine;
|
| |
(c) |
a water diversion project that is associated with a hydroelectric power plant. |
|
| Criteria: |
| (1) |
Subject to subsection (2), dismantling or abandonment of existing works that, if they
were a new facility, would meet the criteria set out opposite in Column 2.
|
| (2) |
The following are not reviewable under subsection (1): |
| |
(a) |
works for the diversion of water which have been authorized under section 8 of the
Water Act;
|
| |
(b) |
works that are intended solely for the purposes of a tailings pond constructed and
operated to serve a single mine;
|
| |
(c) |
a water diversion project that is associated with a hydroelectric power plant. |
|
| 4 |
Groundwater Extraction Projects |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new facility that |
| |
(a) |
consists of one or more works for the extraction of groundwater to be used for the
same project or where, in the reasonable opinion of the executive director, the works
are so closely related they can be considered to form a single project,
|
| |
(b) |
is operated intermittently or continuously for > 1 year, and
|
| |
(c) |
is designed to be operated so that groundwater is extracted at a rate of > 75 litres/second.
|
| (2) |
A facility for the extraction of groundwater solely for the following purposes is
not reviewable under subsection (1):
|
| |
(a) |
providing groundwater data for an application for an environmental assessment certificate; |
| |
(b) |
providing groundwater data, if the testing is conducted by or under the supervision
of a person registered as a member of the Association of Professional Engineers and
Geoscientists of British Columbia with competency in the field of hydrogeology.
|
|
| Criteria: either (1) or (2) |
| (1) |
Subject to subsection (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in |
| |
|
(i) |
an increase of > 35% over the current extraction rate at which the facility has been designed to be
operated, or
|
| |
|
(ii) |
an increase of > 75 litres/second over the current extraction rate at which the facility has been
designed to be operated.
|
| (2) |
Subject to subsection (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out in
Column 2, subsection (1) (a) and (b), but would not meet the criteria set out opposite in Column 2, subsection (1) (c),
and
|
| |
(b) |
the modification results in |
| |
|
(i) |
an increase of > 35% over the current extraction rate at which the facility has been designed to be
operated, and
|
| |
|
(ii) |
an extraction rate of > 75 litres/second.
|
| (3) |
A facility for the extraction of groundwater solely for the following purposes is
not reviewable under subsection (1) or (2):
|
| |
(a) |
providing groundwater data for an application for an environmental assessment certificate; |
| |
(b) |
providing groundwater data, if the testing is conducted by or under the supervision
of a person registered as a member of the Association of Professional Engineers and
Geoscientists of British Columbia with competency in the field of hydrogeology.
|
|
|
| 5 |
Shoreline Modification Projects |
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), a new facility, or a new activity unrelated to
the construction of a new facility, that
|
| |
(a) |
results in changes in or about a stream, marine coastline or estuary, and |
| |
(b) |
entails dredging, filling or other direct physical disturbance of |
| |
|
(i) |
> 1 000 m of linear shoreline, or
|
| |
|
(ii) |
> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged
land, below the natural boundary of a stream, marine coastline or estuary.
|
| (2) |
Area flooded is not included in the calculation of area directly disturbed under subsection (1) (b) (ii). |
| (3) |
The following are not reviewable under subsection (1): |
| |
(a) |
periodic shoreline cleanup projects; |
| |
(b) |
periodic maintenance dredging of the foreshore or submerged land, or a combination
of foreshore and submerged land, below the natural boundary of a stream, marine coastline
or estuary;
|
| |
(c) |
a ferry terminal or marine port facility. |
|
| Criteria: either (1) or (2) |
| (1) |
Subject to subsections (3) and (4), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in an increase of Š 35% in |
| |
|
(i) |
the length of linear shoreline that is directly disturbed by dredging, filling or
other physical action, or
|
| |
|
(ii) |
the area of foreshore or submerged land, or a combination of foreshore and submerged
land, below the natural boundary of a stream, marine coastline or estuary that is
so disturbed.
|
| (2) |
Subject to subsections (3) and (4), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would not meet the criteria set out
opposite in Column 2, but has resulted in changes in or about a stream, marine coastline
or estuary, and
|
| |
(b) |
the modification results in an increase of Š 35% in |
| |
|
(i) |
the length of linear shoreline that is directly disturbed by dredging, filling or
other physical action, or
|
| |
|
(ii) |
the area of foreshore or submerged land, or a combination of foreshore and submerged
land, below the natural boundary of a stream, marine coastline or estuary that is
so disturbed, and
|
| |
(c) |
the modification also results in changes in or about a stream, coastline or estuary
which in total equal or exceed the criteria described in Column 2, subsection (1)
(b) (i) or (ii) for a new facility.
|
| (3) |
Area flooded is not included in the calculation of area directly disturbed under subsection
(1) (b) (ii) and (2) (b) (ii).
|
| (4) |
The following are not reviewable under subsection (1) or (2): |
| |
(a) |
periodic shoreline cleanup projects; |
| |
(b) |
periodic maintenance dredging of the foreshore or submerged land, or a combination
of foreshore and submerged land, below the natural boundary of a stream, marine coastline
or estuary;
|
| |
(c) |
a ferry terminal or marine port facility. |
|
| Criteria: |
| (1) |
Dismantling or abandonment of an existing shoreline modification facility that, if
it were a new facility, would meet the criteria set out opposite in Column 2.
|
|
Part 6— Waste Disposal Projects
Definitions for Part 6
12In this Part:
"biomedical waste" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;
"incinerator" , "land treatment", "long term storage", "mobile facility", "off site facility", "secure landfill", "short term storage", "surface impoundment", "thermal treatment", "treatment" and "waste pile" have the same meanings as in the Hazardous Waste Regulation, B.C. Reg. 63/88;
"municipal liquid waste" , "municipal solid waste", "hazardous waste" and "waste" have the same meanings as in the Environmental Management Act;
"threshold H" means the criteria described in section 13 (1);
"threshold I" means the criteria described in section 13 (2).
[am. B.C. Regs. 319/2004, s. (b); 30/2005, s. 5.]
Criteria for proposed modifications of waste disposal projects
13(1) In this Part, threshold H is met for a proposed modification of an existing facility
if,
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would meet the criteria
set out opposite in Column 2, and
(b)the modification will result in an increase of at least 30% in the total waste discharge
of the facility.
(2)
In this Part, threshold I is met for a proposed modification of an existing facility
if,
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would not meet the criteria
set out opposite in Column 2, and
(b)the modification will result in
(i)a facility that if it were a new facility would meet the criteria set out opposite
in Column 2, and
(ii)an increase of at least 30% in the total waste discharge from the facility.
Table 10 — Hazardous Waste Management Projects
[am. B.C. Reg. 30/2005, ss. 6 to 8.]
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Hazardous Waste Facilities |
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), a proposal |
| |
(a) |
for the storage, treatment or disposal of biomedical waste or hazardous waste if the
proposal
|
| |
|
(i) |
entails facilities of a type specified under subsection (2), and |
| |
|
(ii) |
is for |
| |
|
|
(A) |
construction of a new facility, or |
| |
|
|
(B) |
modification of an existing facility for which the storage, treatment or disposal
of biomedical waste or hazardous waste has not previously been permitted under the
Environmental Management Act, or
|
| |
(b) |
to use hazardous waste at an existing off-site facility whose principal function is
not waste management, and that has not previously been permitted to use that type
of hazardous waste under the Environmental Management Act, if there will be
|
| |
|
(i) |
off-site use of hazardous waste by combustion or thermal processes, or |
| |
|
(ii) |
off-site use of hazardous waste other than by combustion or thermal processes if |
| |
|
|
(A) |
one type of hazardous waste listed in Column I of Table 1 of Schedule 6 of the Hazardous
Waste Regulation, B.C. Reg. 63/88, is to be used and the daily maximum use is at least
1 000 times greater than the registration quantity listed in Column II of that Table,
or
|
| |
|
|
(B) |
more than one type of hazardous waste listed in Column 1 of Table 1 of Schedule 6
of the Hazardous Waste Regulation, B.C. Reg. 63/88, is to be used and the cumulative
maximum design use is > 100 000 kg/day or > 100 000 litres/day, as appropriate.
|
| (2) |
Subsection (1) (a) applies to the following types of facilities: |
| |
(a) |
an off-site incinerator or thermal treatment facility, excluding |
| |
|
(i) |
a thermal treatment facility that utilizes non-combustion technologies for the disinfection
or sterilization of biomedical waste, or
|
| |
|
(ii) |
an incinerator or thermal treatment facility that uses combustion or other related
technologies for the treatment or disposal of biomedical waste, and that has a capacity
of < 5 tonnes/day;
|
| |
(b) |
an off-site long term storage facility or secure landfill; |
| |
(c) |
an off-site treatment facility, other than an incinerator, thermal treatment facility
or land treatment facility,
|
| |
|
(i) |
if one type of hazardous waste listed in Column I of Table 1 of Schedule 6 of the
Hazardous Waste Regulation, B.C. Reg. 63/88, is to be treated, and the daily maximum
design treatment capacity is at least 1 000 times greater than the registration quantity
listed in Column II of that Table, or
|
| |
|
(ii) |
if more than one type of hazardous waste listed in Column I of Table 1 of Schedule
6 of the Hazardous Waste Regulation, B.C. Reg. 63/88, is to be treated, and the cumulative
maximum design treatment capacity is > 100 000 kg/day or >100 000 litres/day, as appropriate.
|
| (3) |
The following are not reviewable under subsections (1) and (2): |
| |
(a) |
a facility for the treatment of a hazardous waste which does not use or propose to
use incineration or thermal treatment if the facility is
|
| |
|
(i) |
a mobile off-site treatment facility, or |
| |
|
(ii) |
a research and demonstration facility; |
| |
(b) |
any treatment authorized by Part 6 of the Hazardous Waste Regulation, B.C. Reg. 63/88. |
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility that meets |
| |
(a) |
Threshold H, |
| |
(b) |
Threshold I, as it applies to modification of facilities described in Column 2, subsection
(2) (a) and (c), or
|
| |
(c) |
Threshold I as it applies to the modification of facilities that use hazardous waste
under Column 2, subsection (1) (b) (ii) (A) or (B).
|
| (2) |
The following are not reviewable under subsection (1): |
| |
(a) |
a facility for the treatment of a hazardous waste which does not use or propose to
use incineration or thermal treatment if the facility is
|
| |
|
(i) |
a mobile off-site treatment facility, or |
| |
|
(ii) |
a research and demonstration facility; |
| |
(b) |
any treatment authorized by Part 6 of the Hazardous Waste Regulation, B.C. Reg. 63/88. |
|
Table 11 — Solid Waste Management Projects
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Local Government Solid Waste Management Facilities |
|
| Criteria: |
| (1) |
A new facility if |
| |
(a) |
the board of a regional district has determined that the facility will be included
in a solid waste management plan or a solid waste management plan amendment to be
submitted to the Minister of Water, Land and Air Protection for approval as part of
the Regional Solid Waste Management Planning Process, and
|
| |
(b) |
the facility is for the treatment or disposal of municipal solid waste by the operation
of
|
| |
|
(i) |
a landfill with a design capacity of > 250 000 tonnes/year, or
|
| |
|
(ii) |
an incinerator with a design capacity of > 225 tonnes/day.
|
|
| Criteria: |
| (1) |
Modification of an existing facility if the board of a regional district has determined
that the modification will be included in a solid waste management plan or a solid
waste management plan amendment to be submitted to the Minister of Water, Land and
Air Protection for approval as part of the Regional Solid Waste Management Planning
Process, and the criteria in either (a) or (b) are met:
|
| |
(a) |
the modification of the existing facility if |
| |
|
(i) |
the existing facility, were it a new facility, would meet the criteria described opposite
in Column 2, section (1) (b) (i), and
|
| |
|
(ii) |
the modification results in |
| |
|
|
(A) |
an extension in the lifespan of the facility beyond that lifespan currently authorized
in an approved solid waste management plan, or
|
| |
|
|
(B) |
an increase in the annual design capacity of the facility beyond that currently authorized
in an approved solid waste management plan;
|
| |
(b) |
does not meet the criteria described in Column 2, subsection (1) (b) (i) or (ii) for
a new facility, but the modification results in an increase in the design capacity
of the facility above the threshold under Column 2, subsection (1) (b) (i) or (ii).
|
|
Table 12 — Liquid Waste Management Projects
[am. B.C. Reg. 30/2005, s. 9.]
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Local Government Liquid Waste Management Facilities |
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), a new facility that is |
| |
(a) |
for the treatment or disposal of municipal liquid waste, and |
| |
(b) |
designed to serve > 10 000 people.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
| (3) |
A facility that is a component of a Municipal Liquid Waste Management Plan approved
under the Environmental Management Act is not reviewable under subsection (1).
|
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), modification of an existing facility that meets
the criteria in paragraph (a) or (b):
|
| |
(a) |
Threshold H; |
| |
(b) |
if the existing facility were a new facility, the existing facility would meet the
criteria described in Column 2, subsection (1) (a), but would not meet the criteria
described in Column 2, subsection (1) (b) and the modification results in
|
| |
|
(i) |
an increase in its capacity sufficient to permit the plant to serve an existing or
planned population of > 10 000 people, and
|
| |
|
(ii) |
an increase of > 30% in the total waste discharge from the facility.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
| (3) |
A modification that is a component of a Municipal Liquid Waste Management Plan approved
under the Environmental Management Act is not reviewable under subsection (1).
|
|
Part 7— Food Processing Projects
Definitions for Part 7
14In this Part:
"threshold J" means the criteria described in section 15 (1);
"threshold K" means the criteria described in section 15 (2).
Criteria for proposed modifications of food processing projects
15(1) In this Part, threshold J is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would meet the criteria
set out opposite in Column 2, and
(b)the modification will result in an increase of at least 30% in the total waste discharge
of the facility.
(2)
In this Part, threshold K is met for a proposed modification of an existing facility
if
(a)the existing facility, were it a new facility in the same category as the existing
facility as described in Column 1 of the applicable table, would not meet the criteria
set out opposite in Column 2, and
(b)the modification will result in
(i)a facility that if it were a new facility would meet the criteria set out opposite
in Column 2, and
(ii)an increase of at least 30% in the total waste discharge of the facility.
Table 13 — Food Processing Projects
[am. B.C. Reg. 30/2005, s. 9.]
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Meat and Meat Products Industry (except poultry) — SIC code 1011 |
| 2 |
Poultry Products Industry — SIC code 1012 |
| 3 |
Fish Products Industry — SIC code 1021 |
|
| Criteria: |
| (1) |
A new facility that has a maximum liquid waste discharge permitted under the Environmental Management Act of > 800 m3/day.
|
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold J, or |
| |
(b) |
Threshold K. |
|
Part 8— Transportation Projects
Definitions for Part 8
16In this Part, "public highway" means a road, street, lane, bridge or right of way designed or intended for use by
the general public for the passage of vehicles, but does not include a private road.
Table 14 — Transportation Projects
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
|
|
| Criteria: |
| (1) |
Subject to subsection (2), a new facility consisting of > 20 continuous km of paved public highway with > 2 lanes.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility that results in the
addition of > 2 lanes of paved public highway to an existing paved public highway over a continuous
distance of > 20 km.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
|
|
|
| Criteria: |
| (1) |
Subject to subsection (2), a new railway facility that consists of |
| |
(a) |
> 20 continuous km of developed track, or
|
| |
(b) |
a rail line designed to accommodate high-speed trains with a design speed of > 200 km/hour.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility that results in |
| |
(a) |
the addition of one or more lines of track to an existing railway over a continuous
distance of > 20 km, or
|
| |
(b) |
a railway designed to accommodate high-speed trains with a design speed of > 200 km/hour.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
|
|
|
| Criteria: |
| (1) |
Subject to subsection (2), a new ferry terminal facility |
| |
(a) |
that |
| |
|
(i) |
serves marine ferry operations, and |
| |
|
(ii) |
has an outbound annual vehicle throughput capacity of > 500 000 vehicles, or
|
| |
(b) |
that |
| |
|
(i) |
serves either marine or freshwater ferry operations, and |
| |
|
(ii) |
entails construction of the facility by dredging, filling or other direct physical
disturbance of
|
| |
|
|
(A) |
> 1 000 m of linear shoreline, or
|
| |
|
|
(B) |
> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged
land, below the natural boundary of a water body.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification |
| |
|
(i) |
results in an increase in the outbound annual vehicle throughput capacity of > 35%, or
|
| |
|
(ii) |
entails dredging, filling or other direct physical disturbance of |
| |
|
|
(A) |
> 1 000 m of linear shoreline, or
|
| |
|
|
(B) |
> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged
land, below the natural boundary of a water body.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
| (3) |
Periodic maintenance dredging for an existing facility is not reviewable under subsection (1). |
|
| 4 |
Marine Port Facilities (other than Ferry Terminals) |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new marine port facility, other than a ferry terminal,
if construction of the facility entails dredging, filling or other direct physical
disturbance of
|
| |
(a) |
> 1 000 m of linear shoreline, or
|
| |
(b) |
> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged
land, below the natural boundary of a marine coastline or marine estuary.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), modification of an existing facility, other than
a ferry terminal, if
|
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in dredging, filling or other direct physical disturbance
of
|
| |
|
(i) |
> 1 000 m of linear shoreline, or
|
| |
|
(ii) |
> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged
land, below the natural boundary of a marine coastline or marine estuary.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
| (3) |
Periodic maintenance dredging for an existing facility is not reviewable under subsection (1). |
|
|
|
| Criteria: |
| (1) |
Subject to subsection (2), a new airport facility that has a runway > 1 500 m in length.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility that results in |
| |
(a) |
installing a new runway > 1 500 m long,
|
| |
(b) |
extending an existing runway that is < 1 500 m long by > 1 500 m, or
|
| |
(c) |
extending an existing runway that is > 1 500 m long by > 500 m.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
|
Part 9— Tourist Destination Resort Projects
Definitions for Part 9
17In this Part:
"bed unit" means the accommodation required for one person to stay overnight, and includes accommodation
which is available on a night-by-night basis and permanent residential accommodation;
"commercial bed unit" means the accommodation required for one person to stay overnight, but does not include
permanent residential accommodation;
"golf resort development" means a resort development with attached golf facilities;
"marina resort development" means a resort development with attached moorage facilities;
"resort development" means a commercial operation, with attached commercial bed units, that caters to tourists
and serves local, regional, provincial or international markets;
"ski resort development" means a resort development with attached skiing facilities.
Table 15 — Tourist Destination Resort Projects
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Resort Developments — not golf, marina or ski |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new facility that |
| |
(a) |
is a resort development, with or without associated recreation facilities, |
| |
(b) |
is not a golf resort development, a marina resort development or a ski resort development,
and
|
| |
(c) |
has > 2 000 bed units, of which > 600 must be commercial bed units.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in an increase in the number of bed units at the facility
by > 2 000, of which > 600 must be commercial bed units.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
|
|
|
| Criteria: |
| (1) |
Subject to subsection (2), a new facility that |
| |
(a) |
is a golf resort development, and |
| |
(b) |
has |
| |
|
(i) |
a developed base area of > 200 hectares, which includes
|
| |
|
|
(A) |
> 100 hectares of golf courses, and
|
| |
|
|
(B) |
> 100 hectares of area for the club house, hotel, restaurant, parking and ancillary
services, and
|
| |
|
(ii) |
> 600 commercial bed units.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in |
| |
|
(i) |
an increase in the developed base area of the facility by > 200 hectares, and
|
| |
|
(ii) |
an increase in the number of commercial bed units at the facility by > 600.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
|
|
|
| Criteria: |
| (1) |
Subject to subsection (2), a new facility that |
| |
(a) |
is a marina resort development, and |
| |
(b) |
has |
| |
|
(i) |
a marina with > 1 000 linear metres of moorage, and
|
| |
|
(ii) |
> 600 commercial bed units.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in |
| |
|
(i) |
an increase in the moorage at the facility by > 1 000 linear metres, and
|
| |
|
(ii) |
an increase in the number of commercial bed units at the facility by > 600.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
|
|
|
| Criteria: |
| (1) |
Subject to subsection (2), a new facility that |
| |
(a) |
is a ski resort development, and |
| |
(b) |
has > 2 000 bed units, of which > 600 must be commercial bed units.
|
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling
and abandonment phases.
|
|
| Criteria: |
| (1) |
Subject to subsection (2), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite
in Column 2, and
|
| |
(b) |
the modification results in an increase in the number of the bed units at the facility
by > 2 000, of which > 600 must be commercial bed units.
|
| (2) |
Assessment of the modification of an existing facility described in subsection (1)
does not include the dismantling and abandonment phases.
|
|
Appendix 1
Contaminant Weighting Factors
| Table A |
| Air Contaminant |
Weighting Factor |
| Carbon Dioxide |
0.00 |
| Methane |
0.00 |
| Ammonia |
1.00 |
| Asbestos* |
1.00/unit |
| Carbon Monoxide |
0.03 |
| Chlorine and Chlorine Oxides |
0.67 |
| Fluorides |
40.14 |
| Hydrocarbons |
1.00 |
| Hydrogen Chloride |
0.67 |
| Metals |
40.14 |
| Nitrogen Oxides |
0.67 |
| Phenols |
1.00 |
| Sulphur and Sulphur Oxides |
0.78 |
| Total Particulate |
1.00 |
| Total Reduced Sulphur |
33.45 |
| Volatile Organic Compounds |
1.00 |
| Other contaminants not otherwise specified |
1.00 |
* Units of Asbestos are equivalent to 5 cubic metres of air emissions per minute at
a concentration of 2 fibres per cubic centimetre. Rates of discharge for other air
contaminants are measured in tonnes.
| Table B |
| Effluent Contaminant |
Weighting Factor |
| Acute Toxicity** |
1.10/unit |
| Ammonia |
7.53 |
| Adsorbable Organic Halides |
20.00 |
| Arsenic |
20.00 |
| Biochemical Oxygen Demand |
1.51 |
| Chlorine |
20.00 |
| Cyanide |
20.00 |
| Fluoride |
7.53 |
| Metals |
20.00 |
| Nitrogen and Nitrates |
3.01 |
| Oil and Grease |
5.02 |
| Other Petroleum Products |
5.02 |
| Other Solids |
1.00 |
| Phenols |
20.00 |
| Phosphorus and Phosphates |
7.53 |
| Sulphates |
0.29 |
| Sulphides |
20.00 |
| Surfactants |
5.02 |
| Suspended Solids |
1.00 |
| Other contaminants not otherwise specified |
1.00 |
** Units of Acute Toxicity are determined using the following formula:
|
 | Average Daily Flow |
 |
(100 — LC50)
|
|
| 20 |
| Units of Acute Toxicity = |
|
| |
100 |
Rates of discharge for other effluent contaminants are measured in tonnes.
| Table C |
Solid
Contaminant |
Weighting
Factor |
| Coarse Coal Refuse |
8.00 |
| Refuse |
1.00 |
| |
| Rates of discharge for solid contaminants are measured in tonnes. |
Appendix 2
Map Groups and Blocks Contained Within the Western Canadian
Sedimentary Basin of North East British Columbia
(Table 8, Item 1, Column 2, subsection (2) and Column 3, subsection (2))
| MAP GROUP(S) |
BLOCK(S) |
| 93-H-01 |
I, J |
| 93-H-07 |
H, I, J |
| 93-H-08 |
A, B, C, E, F, G, H, I, J, K, L |
| 93-H-09, 15, 16 |
ALL |
| 93-H-10 |
A, B, C, E, F, G, H, I, J, K, L |
| 93-H-11 |
H, I, J |
| 93-H-13 |
H, I, J |
| 93-H-14 |
A, B, C, E, F, G, H, I, J, K, L |
| 93-I-01-03, 05-16 |
ALL |
| 93-I-04 |
A, B, C, E, F, G, H, I, J, K, L |
| 93-J-01 |
I |
| 93-J-08 |
A, B, F, G, H, I, J, K, L |
| 93-J-09, 16 |
ALL |
| 93-J-10 |
H, I, J |
| 93-J-15 |
A, B, C, F, G, H, I, J, K, L |
| 93-N-16 |
I |
| 93-O-01, 02, 07-11, 13-16 |
ALL |
| 93-O-03 |
A, G, H, I, J |
| 93-O-05 |
I |
| 93-O-06 |
A, B, C, E, F, G, H, I, J, K, L |
| 93-O-12 |
A, G, H, I, J, K |
| 93-P (01-16) |
ALL |
| 94-A (01-16) |
ALL |
| 94-B (01-16) |
ALL |
| 94-G (01-16) |
ALL |
| 94-H (01-16) |
ALL |
| 94-I (01-16) |
ALL |
| 94-J (01-16) |
ALL |
| 94-K (01-16) |
ALL |
| 94-N (01-16) |
ALL |
| 94-O (01-16) |
ALL |
| 94-P (01-16) |
ALL |
| 94-C-01 |
A, B, G, H, I, J, K |
| 94-C-07 |
I |
| 94-C-08, 09, 15, 16 |
ALL |
| 94-C-10 |
A, B, G, H, I, J, K |
| 94-C-14 |
H, I |
| 94-E-16 |
H, I |
| 94-F-01, 02, 06-11, 13-16 |
ALL |
| 94-F-03 |
A, B, F, G, H, I, J, K |
| 94-F-05 |
I |
| 94-F-12 |
A, B, G, H, I, J, K |
| 94-L-01 |
A, B, F, G, H, I, J, K, L |
| 94-L-07 |
A, G, H, I, J, K |
| 94-L-08-10, 15, 16 |
ALL |
| 94-L-11 |
H, I, J |
| 94-L-13 |
I |
| 94-L-14 |
A, B, C, E, F, G, H, I, J, K, L |
| 94-M-01-03, 05-16 |
ALL |
| 94-M-04 |
A, G, H, I, J, K |
| 95-A (01-04) |
A, B, C, D |
| 95-B (01-04) |
A, B, C, D |
| 95-C (01-04) |
A, B, C, D |
| 95-D (01-04) |
A, B, C, D |
| 104-P-08 |
I |
| 104-P-09 |
A, B, F, G, H, I, J, K, L |
| 104-P-15 |
H, I, J |
| 104-P-16 |
ALL |
| 105-A-01 |
A, B, C, D |
| 105-A-02 |
A, B |
Appendix 3
Industrial Minerals
1The following are industrial minerals for the purposes of the definition in section 7:
(a)all rock or stone used to produce dimension stone or building facing stone, or for
any other ornamental or decorative purpose;
(b)barite, calcite, dolomite, gypsum, limestone, magnesite, phosphate rock, wollastonite;
(c)bentonite, clay, diatomaceous earth, pozzolanic materials, zeolite, kaolin clay, and
all related substances;
(d)pumice, lava, volcanic ash and all related substances;
(e)all substances in which silica is the predominant mineral and which are used for an
industrial purpose, including massive silica, quartz, quartzite, garnet and corundum;
(f)jade, rhodonite and all decorative stone and rock;
(g)talc;
(h)marl;
(i)feldspar;
(j)shale and slate;
(k)graphite.
Note: this regulation replaces B.C. Reg. 276/95
[Provisions of the Environmental Assessment Act, S.B.C. 2002, c. 43, relevant to the enactment of this regulation: section 5]
Copyright (c) Queen's Printer, Victoria, British
Columbia, Canada