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B.C. Reg. 263/90
O.C. 1223/90
Deposited August 10, 1990
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 Management Act

Spill Reporting Regulation

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

Contents
1 Interpretation
2 Report
3 Further action
Schedule

Interpretation

1In this regulation:

"Act" means the Environmental Management Act;

"PEP" means the Provincial Emergency Program of the Ministry of Attorney General;

"spill" means a release or discharge into the environment, not authorized under the Act, of a substance in an amount equal to or greater than the amount listed in Column 2 of the Schedule opposite that substance in Column 1;

"substance" means a substance, product, material or other thing listed in Column 1 of the Schedule to this regulation.

[am. B.C. Reg. 321/2004, s. 28 (a) and (b).]

Report

2(1)  A person who had possession, charge or control of a substance immediately before its spill shall immediately report the spill to PEP by telephoning 1-800-663-3456 or 387-5956 as provided in section 12 (5) of the Act or, where it is not practical to report to PEP within a reasonable time, to the local police or nearest detachment of the Royal Canadian Mounted Police.

(2)  Where it appears to a person observing a spill that a report under subsection (1) has not been made, he or she shall make the report referred to in this section.

(3)  A report under this section shall include, to the extent practical,

(a)the reporting person's name and telephone number,

(b)the name and telephone number of the person who caused the spill,

(c)the location and time of the spill,

(d)the type and quantity of the substance spilled,

(e)the cause and effect of the spill,

(f)details of action taken or proposed to comply with section 3,

(g)a description of the spill location and of the area surrounding the spill,

(h)the details of further action contemplated or required,

(i)the names of agencies on the scene, and

(j)the names of other persons or agencies advised concerning the spill.

Further action

3Where a spill occurs, the person who immediately before the spill had possession, charge or control of the spilled substance shall take all reasonable and practical action, having due regard for the safety of the public and of himself or herself, to stop, contain and minimize the effects of the spill.

Schedule

[am. B.C. Regs.166/93; 321/2004, s. 28 (c).]

Reportable Levels for Certain Substances

1In this Schedule:

"Federal Regulations" means the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act (Canada);

"Hazardous Waste Regulation" means B.C. Reg. 63/88.

Item Column 1
Substance spilled
Column 2
Specified amount
1 Explosives of Class 1 as defined in section 3.9 of the Federal Regulations any
2 Flammable gases, other than natural gas, of Division 1 of Class 2 as defined in section 3.11 (a) of the Federal Regulations 10 kg, if the spill results from equipment failure, error or deliberate action or inaction
3 Non-flammable gases of Division 2 of Class 2 as defined in section 3.11 (d) of the Federal Regulations 10 kg, where spill results from equipment failure, error or deliberate action or inaction
4 Poisonous gases of Division 3 of Class 2 as defined in section 3.11 (b) of the Federal Regulations 5 kg, where spill results from equipment failure, error or deliberate action or inaction
5 Corrosive gases of Division 4 of Class 2 as defined in section 3.11 (c) of the Federal Regulations 5 kg, where spill results from equipment failure, error or deliberate action or inaction
6 Flammable liquids of Class 3 as defined in section 3.12 of the Federal Regulations 100 L
7 Flammable solids of Class 4 as defined in section 3.15 of the Federal Regulations 25 kg
8 Products or substances that are oxidizing substances of Division 1 of Class 5 as defined in section 3.17 (a) and 3.18 (a) of the Federal Regulations 50 kg
9 Products or substances that are organic compounds that contain the bivalent "-0-0-" structure of Division 2 of Class 5 as defined in sections 3.17 (b) and 3.18 (b) of the Federal Regulations 1 kg
10 Products or substances that are poisons of Division 1 of Class 6 as defined in section 3.19 (a) to (e) and 3.20 (a) of the Federal Regulations 5 kg
11 Organisms that are infectious or that are reasonably believed to be infectious and the toxins of these organisms as defined in sections 3.19 (f) and 3.20 (b) of the Federal Regulations any
12 Radioactive materials of Class 7 as defined by section 3.24 of the Federal Regulations All discharges or a radiation level exceeding 10 mSv/h at the package surface and 200 ┬ÁSv/h at 1 m from the package surface
13 Products or substances of Class 8 as defined by section 3.25 of the Federal Regulations 5 kg
14 Miscellaneous products or substances of Division 1 of Class 9 as defined by section 3.27 (1) and (2) (a) of the Federal Regulations 50 kg
15 Miscellaneous products or substances of Division 2 of Class 9 as defined in section 3.27 (1) and (2) (b) of the Federal Regulations 1 kg
16 Miscellaneous products or substances of Division 3 of Class 9 as defined in section 3.27 (1) and (2) (c) of the Federal Regulations 5 kg
17 Waste asbestos as defined in section 1 of the Hazardous Waste Regulation 50 kg
18 Waste oil as defined in section 1 of the Hazardous Waste Regulation 100 l
19 Waste containing a pest control product as defined in section 1 of the Hazardous Waste Regulation 5 kg
20 A substance not covered by items 1 to 19 that can cause pollution 200 kg
21 Natural gas 10 kg, if there is a breakage in a pipeline or fitting operated above 100 psi that results in a sudden and uncontrolled release of natural gas