Acts and Regulations

2009-119 - Clean Environment Act

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NEW BRUNSWICK
REGULATION 2009-119
under the
Clean Environment Act
(O.C. 2009-440)
Filed October 21, 2009
1The following provisions of the English version of New Brunswick Regulation 82-126 under the Clean Environment Act are amended by striking out “sewage” wherever it appears and substituting “wastewater”:
(a) subsection 2(1) in the following definitions:
(i) “collection system”;
(ii) “effluent”;
(iii) “rehabilitation bond”;
(iv) “service connection”;
(b) subsections 3(4), (7) and (8);
(c) subsections 5(1) and (2);
(d) subsection 6(3);
(e) paragraph 8(2)(c) and subsection 8(3);
(f) subsection 11(1);
(g) section 12;
(h) section 14;
(i) subsections 17(1) and (3);
(j) subsections 19(1) and (2);
(k) subsection 22(2);
(l) subsection 24(2).
2Subsection 2(1) of the English version of the Regulation is amended by repealing the definition “person responsible for a source, sewage works or waterworks” and substituting the following:
“person responsible for a source, wastewater works or waterworks” includes
(a) a person who owns or operates the source, wastewater works or waterworks, or any part of it,
(b) a person responsible or who at any time was responsible for the construction, modification or operation of the source, wastewater works or waterworks, or any part of it,
(c) a person having the charge, management and control of the source, wastewater works or waterworks, or any part of it, and
(d) a person to whom an approval has been issued with respect to the source, wastewater works or waterworks;
3Section 3 of the Regulation is amended
(a) by repealing subsection (8.1);
(b) by repealing subsection (8.2);
(c) by repealing subsection (9) and substituting the following:
3(9)The Minister may revoke an approval at any time and an approval is automatically revoked by the issuing of a new approval applying to the same source, wastewater works or waterworks.
4Subsection 5(4) of the Regulation is amended
(a) in paragraph (a) by striking out “sewage” and substituting “wastewater”;
(b) in paragraph (b) by striking out “sewage” and substituting “wastewater”.
5Section 6 of the Regulation is amended
(a) by repealing subsection (5) and substituting the following:
6(5)If plans and specifications or an engineer’s description or report are required to be included in an application for an approval, they shall be prepared or approved by an engineer who is a member of the Association of Professional Engineers and Geoscientists of New Brunswick or who is licensed to practise engineering under the Engineering and Geoscience Professions Act.
(b) by repealing subsection (6) and substituting the following:
6(6)An application for an approval shall be made at least 90 days prior to the construction, modification or operation of a source, wastewater works or waterworks.
6Paragraph 8(2)(d) of the Regulation is repealed and the following is substituted:
(d) requiring the regular reporting of the names and addresses of all persons in charge of operating
(i) the source, or any part of it,
(ii) the wastewater works or any part of it, or
(iii) the waterworks or any part of it,
7Section 10 of the Regulation is repealed.
8Section 11 of the Regulation is amended
(a) by repealing subsection (1.1);
(b) by repealing subsection (4).
9Section 13 of the Regulation is repealed.
10Subsection 16(1) of the Regulation is repealed and the following is substituted:
16(1)The Minister may inspect a source, a wastewater works or a waterworks and, during the inspection, the Minister may make the tests and measurements and take the samples that the Minister may require.
11Section 22 of the Regulation is amended
(a) by repealing subsection (1);
(b) by repealing subsection (3) and substituting the following:
22(3)On demand being made by the Minister, the costs incurred by the Minister or his or her agent acting under subsection (2), or subsections 15(5) or (8), including the cost of all persons, materials and equipment employed and the cost of repairing any damage done, shall be the responsibility of and paid by
(a) any person who failed to comply with section 14, or
(b) any person who failed to comply with the order made under subsection 15(4) or (7).
(c) by repealing subsection (4) and substituting the following:
22(4)The Minister may issue a certificate setting out the costs recoverable under subsection (3) and the certificate may be filed with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district where the source, wastewater works or waterworks, or any part of it, is situated and, when filed and sealed with the seal of the Court, shall become an order of the Court on which judgment may be entered against the person on whom demand was made under subsection (3) for the amount set out in the certificate, together with the fees of the clerk allowable in the case of default judgment, and the judgment may be enforced as a judgment of the Court.
(d) by repealing subsection (5).
12Subsection 27(3) of the French version of the Regulation is amended by striking out “paragraphe (1)” and substituting “paragraphe (2)”.
13This Regulation comes into force on November 1, 2009.