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PCB Regulations (SOR/2008-273)

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Regulations are current to 2020-06-28 and last amended on 2015-01-01. Previous Versions

PART 3Storage

Marginal note:Application — concentration of 50 mg/kg or more

  •  (1) Subject to subsection (3), this Part applies to all solids and liquids containing PCBs in a concentration of 50 mg/kg or more that are located at a particular site if the liquids or solids are present in a quantity greater than or equal to

    • (a) 100 L, in the case of liquids; and

    • (b) 100 kg, in the case of solids.

  • Marginal note:Application — quantity of 1 kg or more

    (2) Subject to subsection (3), this Part also applies to all solids and liquids containing PCBs in a concentration of 50 mg/kg or more that are located at a particular site in a quantity of less than 100 L, in the case of liquids, and 100 kg, in the case of solids, if the total quantity of PCBs contained in the liquids or the solids or in the liquids and solids combined, determined in accordance with the following formulas, as applicable, is 1 kg or more:

    • (a) in the case of liquids,

      Σ((V × D × C)) ÷ 1 000 000

      where

      V
      is the volume of each liquid containing PCBs in a given concentration, expressed in L,
      D
      is the density of PCBs in each liquid as follows:
      • (i) 0.9 kg/L, if the concentration of PCBs in the liquid is less than 10 000 mg/kg, and

      • (ii) 1.5 kg/L, if the concentration of PCBs in the liquid is 10 000 mg/kg or more, and

      C
      is the concentration of PCBs in each liquid, expressed in mg/kg; and
    • (b) in the case of solids,

      Σ((M × C)) ÷ 1 000 000

      where

      M
      is the weight of each solid containing PCBs in a given concentration, expressed in kg, and
      C
      is the concentration of PCBs in each solid, expressed in mg/kg.
  • Marginal note:Non-application

    (3) This Part does not apply in respect of the following products containing PCBs:

    • (a) solid or liquid products that are processed daily or used;

    • (b) pipelines that transport natural gas, petroleum or petroleum products, and any associated equipment that is in contact with the natural gas, petroleum or petroleum products, if they remain in place on September 5, 2008; and

    • (c) cables, if they remain in place on September 5, 2008.

  • SOR/2010-57, s. 19
  • SOR/2014-75, s. 4

Marginal note:Requirement to store

  •  (1) A person who owns, controls or possesses PCBs or products containing PCBs shall, within 30 days after the day on which those PCBs or products cease to be processed daily or used or after September 5, 2008, whichever is later, either

    • (a) send them for destruction to an authorized facility that is authorized for that purpose; or

    • (b) store them at a PCB storage site for the period during which they are not processed daily or used.

  • Marginal note:Remote from or no access to roadway

    (2) Despite subsection (1), if the PCBs or products containing PCBs are remote from a roadway system or if there is no access to a roadway system, the person who owns, controls or possesses the PCBs or products may store them at a PCB storage site as soon as feasible but no later than one year after the day on which they are not processed daily or used or one year after September 5, 2008, whichever is later. That person shall use best management practices for them from the time that they cease to be processed daily or used until the time that they are stored at a PCB storage site.

  • SOR/2010-57, s. 7

Marginal note:Prohibition against storage

  •  (1) Effective September 5, 2009, no person shall store PCBs or products containing PCBs at the following plants or facilities or on the land on which those plants or facilities are located and within 100 m of them:

    • (a) a drinking water treatment plant or a food or feed processing plant; or

    • (b) a child care facility, preschool, primary school, secondary school, hospital, or senior citizens’ care facility.

  • Marginal note:Light ballasts

    (2) Subsection (1) does not apply to light ballasts.

  • SOR/2010-57, s. 8

Marginal note:Maximum storage periods

  •  (1) Despite any other provision in these Regulations and subject to section 22, no person shall store PCBs or products containing PCBs, other than those referred to in section 23, beyond the following time limits:

    • (a) one year, beginning on the day on which their use is no longer permitted under these Regulations or the day on which they are no longer processed daily or used, whichever is sooner, if the PCBs or products are stored at a facility that is not referred to in paragraph (1)(b) or (c);

    • (b) one year, if the PCBs or products are stored at an authorized facility that is a transfer site; and

    • (c) two years, if the PCBs or products are stored at an authorized facility that is authorized to destroy them.

  • Marginal note:Transfer sites

    (2) If the PCBs or products containing PCBs are sent from one transfer site to another, the period referred to in paragraph (1)(b) begins when they are received at the first transfer site.

  • Marginal note:Destruction

    (3) The owner or operator of the facility referred to in paragraph (1)(a) or (b) shall send the PCBs or products containing PCBs for destruction to an authorized facility that is authorized for that purpose within the time limit set out in those paragraphs.

Marginal note:Exceptions to maximum storage periods

  •  (1) Section 21 does not apply to the storage of

    • (a) liquids referred to in subsection 15(2) or for which an extension has been granted under subsection 17; or

    • (b) for the duration of any environmental remediation work, solids and liquids containing PCBs in a concentration of 50 mg/kg or more resulting from that work and stored on site for that duration, if the requirements set out in subsections (2) and (3) are complied with.

  • Marginal note:Information to be provided

    (2) The owner of the land where the solids and liquids referred to in paragraph (1)(b) are located shall submit to the Minister at least 30 days before the storage of the solids or liquids or within 30 days after September 5, 2008, whichever is later, the following information:

    • (a) the civic address of the restoration work site or if there is no civic address, the location using the Global Positioning System;

    • (b) the date of commencement of the restoration work;

    • (c) the anticipated date of completion of the restoration work; and

    • (d) the anticipated date of the end of storage of the solids or liquids.

  • Marginal note:Changes to information

    (3) The person referred to in subsection (2) shall notify the Minister in writing of the changes to be made at least 30 days before making any changes to the information provided under that subsection.

  • SOR/2010-57, s. 9
  • SOR/2014-75, s. 5

Marginal note:PCBs or products containing PCBs stored on September 5, 2008

 A person who owns, controls or possesses PCBs or products containing PCBs, other than liquids for which an extension has been granted under section 17, that are stored on September 5, 2008 may store them

  • (a) until December 31, 2009 if they are sent by that date for destruction to an authorized facility that is authorized for that purpose; or

  • (b) until December 31, 2011 if they are destroyed by that date, at the location where they are stored, in an authorized facility that is authorized for that purpose.

  • SOR/2010-57, s. 10
  • SOR/2014-75, s. 6(E)

Marginal note:PCB storage site

 PCBs or products containing PCBs shall be stored at a site that is

  • (a) a building, room, shipping container or other enclosed structure; or

  • (b) an area that is enclosed by a woven mesh wire fence or any other fence or wall with similar security characteristics, and the fence or wall shall be at least 1.83 m high.

 
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