Interpretation

1In this regulation:

"fuel" means a fuel or a combination of fuels used in the Province for

(a)heating,

(b)generating steam or electricity, or

(c)combustion in industrial processes,

but does not include natural gas;

"sulphur content" means the amount of sulphur by weight as determined by methods approved by a director.

[en. B.C. Reg. 407/89, s. 1; am. B.C. Reg. 321/2004, s. 30 (a).]

Prohibitions

2(1)  Subject to section 3, on and after June 1, 1989, a person shall not use fuel that has a sulphur content in excess of 1.1%.

(2)  Repealed. [B.C. Reg. 407/89, s. 2.]

[am. B.C. Reg. 407/89, s. 2.]

Exemptions

3(1)  A person may use

(a)pulp mill black liquor, or

(b)coal used in a coal fired power boiler where the fuel used in one second contains more than 73 MJ of heat.

(2)  to (4) Repealed. [B.C. Reg. 321/2004, s. 30 (b).]

(5)  A pulp mill is exempt from section 2 if a permit is or was issued to the mill

(a)after December 18, 1989 under section 10 of the Waste Management Act or section 14 of the Environmental Management Act, or

(b)on or before December 18, 1989 under section 10 of the Waste Management Act and has been amended after that date

and the permit described in paragraph (a) or the amendment described in paragraph (b) limits sulphur dioxide emissions from the mill.

(6)  A director may exempt from section 2 an operation, activity or works or class of operation, activity or works, on conditions determined by the director, where the director is satisfied that the exemption is in the public interest.

[en. B.C. Reg. 407/89, s. 3; am. B.C. Reg. 321/2004, s. 30 (b).]

Offence and penalty

4A person who contravenes this regulation commits an offence and, on conviction, is liable to a penalty not exceeding $200 000.

[en. B.C. Reg. 407/89, s. 3.]