B.C. Reg. 464/2004, deposited October 22, 2004, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [Sections 21 (1) (h) and (i), 62 (1) (b), 138 (2) (d) and (h)] and the ENVIRONMENTAL MANAGEMENT AMENDMENT ACT [Section 26]. Order in Council 1029/2004, approved and ordered October 21, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) section 18 of the Environmental Management Amendment Act, 2004, S.B.C. 2004, c. 18, is brought into force,

(b) the Contaminated Sites Regulation, B.C. Reg. 375/96, is amended as set out in section 1 of the attached Schedule,

(c) the Permit Fees Regulation, B.C. Reg. 299/92, is amended as set out in sections 2 and 3 of the attached Schedule,

(d) the Hazardous Waste Regulation, B.C. Reg. 63/88 is amended as set out in section 4 of the attached Schedule, and

(e) the Waste Discharge Regulation, B.C. Reg. 320/2004, is amended as set out in sections 5, 6 and 7 of the attached Schedule.

— B. BARISOFF, Minister of Water, Land and Air Protection; S. BRICE, Presiding Member of the Executive Council.

Schedule

CONTAMINATED SITES REGULATION

1 The Contaminated Sites Regulation, B.C. Reg. 375/96, is amended

(a) in section 9 (15) (a) by striking out "Table 3" and substituting "Table 2", and

(b) in item 4 (a) and (b) of Table 2 of Schedule 3 by striking out "without the recommendation of an approved professional".

PERMIT FEES REGULATION

2 Schedule B to the Permit Fees Regulation, B.C. Reg. 299/92, is amended in Column 2 under "if payment date after April 1/06" opposite "Asbestos" in Column 1 by striking out "$16.88" and substituting "$16.78".

3 Schedule D is amended

(a) in Column 1 by adding "per m³" after "Course Coal Refuse",

(b) in Column 1 by adding "per tonne" after "Refuse" in the last row,

(c) in Column 2 under "if payment date before April 1/04" by striking out "/m³" opposite "Course Coal Refuse" in Column 1, and

(d) in Column 2 under "if payment date before April 1/04" by striking out "/tonne" opposite "Refuse" in Column 1.

HAZARDOUS WASTE REGULATION

4 The Hazardous Waste Regulation, B.C. Reg. 63/88, is amended

(a) in section 42 (3) (a) by striking out "regulations, and" and substituting "regulations, or", and

(b) by repealing section 42.4 (7).

WASTE DISCHARGE REGULATION

5 The Waste Discharge Regulation, B.C. Reg. 320/2004, is amended

(a) in section 3 by adding the following subsection:

(8) Emissions from the combustion, in a commercial pet crematorium, of the corpses of pets are exempt from the application of section 6 (2) and 6 (3) of the Act. ,

(b) in section 4 (2) (k) by striking out "in the applicable code of practice" and substituting "by the minister" and by striking out "this regulation;" and substituting "the applicable code of practice;",

(c) by repealing section 9 (1) (b) and substituting the following:

(b) the sum of the fees for each contaminant that is discharged under the code of practice and, under that code, is subject to a fee.,

(d) by repealing section 9 (2) and substituting the following:

(2) For the purposes of subsection (1) (b), the fee for each contaminant is the maximum discharge multiplied by the maximum concentration multiplied by the applicable fee from Schedule 3, where

(a) maximum discharge is the maximum quantity of discharge

(i) specified in the registration, if the minister has specified under section 4 (3) (k) that the maximum discharge is information required for the purposes of a registration under section 4, or

(ii) specified in or calculated under the code of practice, as applicable, if subparagraph (i) does not apply,

calculated on an annual basis,

(b) maximum concentration is the maximum concentration of the contaminant authorized under the code of practice, and

(c) applicable fee from Schedule 3 is the unit fee for the contaminant set out in column 2 opposite the contaminant in column 1 of Table 2, 3 or 4 of Schedule 3. ,

(e) in section 9 (4) by striking out "in a code of practice",

(f) in section 9 by adding the following subsection:

(4.1) Despite subsection (1) (b), if neither the maximum discharge nor a calculation for maximum discharge is included in a code of practice and the minister has not exercised the authority under section 4 (2) (k) in relation to registrations under the applicable code, the first and subsequent annual fee for the purposes of section 4 (3) (b) and (5) (a) is the fee described in subsection (1) (a). , and

(g) by adding the following section:

Minister may amend Schedule 2

11 If the minister prescribes a code of practice in relation to an industry, trade, business, activity or operation listed in Column 1 of the Table in Schedule 2, the minister may amend the Table by adding the title of the code of practice to Column 2 opposite the industry, trade, business, activity or operation in Column 1.

6 Schedule 2 is amended

(a) in paragraph (b) of the definition of "aquaculture — land-based industry" by adding "or salt water" after "in fresh water",

(b) in the definition of "beverage industry" by striking out ", as defined in the Extended Producer Responsibility Regulation,", and

(c) in the definition of "naturally occurring radioactive materials management" by striking out "Tables 5.1 and 5.2" and substituting "Table 5.1, 5.2 or 5.3".

7 Schedule 3 is amended

(a) in Column 2 of Table 2 under "if payment date after April 1/06" opposite "Asbestos" in Column 1 by striking out "$16.88" and substituting "$16.78",

(b) in the heading to Column 2 of Table 3 by adding "Per Tonne Discharged" after "Fee", and

(c) in Column 1 of Table 4 by adding "per tonne" after "Refuse".

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