2(1)In this Regulation and in approvals issued pursuant to this Regulation

3(1)No person shall, without an approval, emit, discharge, deposit, leave or throw any contaminant into or upon the environment in any location such that it may, directly or indirectly, cause water pollution to any waters of the Province.

3(2)No person shall, without an approval, cause or permit a source to emit, discharge, deposit, leave or throw any contaminant into or upon the environment in any location such that it may, directly or indirectly, cause water pollution to any waters of the Province.

3(3)No person shall, without an approval, construct, modify or operate or permit the construction, modification or operation of a source.

3(4)No person shall, without an approval, which approval must include approval of the discharge point, construct, modify or operate or permit the construction, modification or operation of any wastewater works.

3(5)No person shall, without an approval, which approval must include approval of the supply and quality of water, construct, modify or operate or permit the construction, modification or operation of any waterworks.

3(6)No person shall, without an approval, join or permit the joining of the pipes of a distribution system of a municipality or rural community to any other system for the distribution of water.

3(7)No person shall construct, modify or operate or permit the construction, modification or operation of any source, wastewater works or waterworks except in accordance with the terms and conditions of the approval issued for such source, wastewater works or waterworks.

3(8)No owner of land shall knowingly permit any construction, modification or operation of any source, wastewater works or waterworks on his land which is in contravention of this Regulation.

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.

4(1)The Minister may designate a source which is or will be a danger of pollution as one which may not be used or operated without an approval permitting such use or operation.

4(2)When a source is designated pursuant to subsection (1), the Minister shall serve a notice upon a person responsible for the source stating that the source is so designated and setting the period of time in which an approval must be obtained for the use or operation of the source.

4(3)The Minister may, by notice published in three successive issues of The Royal Gazette, designate all the sources in a class of sources which are or will be dangers of pollution as ones which may not be used or operated without approvals permitting such use or operation.

4(4)When sources are designated pursuant to subsection (3), the notice shall set the period of time in which approvals must be obtained for the use and operation of such sources.

4(5)No person shall, without an approval, use or operate a source designated pursuant to this section after the expiration of the time allowed in the notice given pursuant to this section.

5(1)Notwithstanding section 3, no approval is required under this Regulation for the construction, modification or operation of a private system of wastewater works which is regulated under the Public Health Act unless the system discharges industrial waste.

5(2)Notwithstanding subsection (1), the Minister, after consultation with the Minister of Health, may designate areas and restrict or prohibit therein the construction of private wastewater works as regulated under the Public Health Act if in his opinion water pollution would otherwise result.

5(3)Notwithstanding section 3, no approval is required under this Regulation for the construction, modification or operation of

5(4)Notwithstanding section 3 and subject to subsection (5), no approval is required under this Regulation for

5(5)If a water or wastewater pipe is to be replaced, upgraded, modified or extended or a potable water pumping facility is to be constructed, replaced, upgraded or modified,

6(1)An application for an approval shall be made to the Minister on a form supplied by the Minister.

6(2)Upon receipt of an application made pursuant to subsection (1) or of any information demanded by the Minister pursuant to this subsection, the Minister may demand any additional information he considers necessary or useful in enabling him to decide what disposition he will make of the application.

6(3)Without limiting the generality of subsections (1) and (2), the information demanded by the Minister may include location plans, site plans, process detail, flow plans, material balances, capacities, engineer’s and other technical reports, design bases and assumptions, engineering plans and specifications, schedules of construction or production, final as-built drawings, test results and engineer’s descriptions of contaminants or dangers of pollution, processes, facilities, the intended or actual efficiency and mode of operation of components and systems, points of discharge of effluent, contingency plans, pollution control equipment, personnel and procedures, costs of construction or modification of the source, wastewater works or waterworks and internal arrangements related to the source, wastewater works or waterworks.

6(4)The power of the Minister to demand information pursuant to subsection (2) continues after an approval has been issued.

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.

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.

7(1)At any time after receiving an application for an approval under this Regulation, the Minister may require the applicant to do any or all of the following:

7(2)When publication of a notice or service of the application is required by the Minister pursuant to subsection (1), any person or unincorporated organization may file with the Minister a written objection to the issuing of the approval sought at any time within thirty days of such publication or service and, in any other case, any person or unincorporated organization may file with the Minister a written objection to the issuing of the approval sought at any time within sixty days of the filing of the application for the approval.

7(3)A copy of an objection filed pursuant to subsection (2) shall be served by the Minister upon the applicant.

7(4)The decision of the Minister with respect to an objection filed pursuant to subsection (2) shall be served by the Minister upon the applicant and, subject to subsection (5), upon the person or unincorporated organization filing the objection.

7(5)The Minister shall not be obligated to serve a decision upon an unincorporated organization pursuant to subsection (4) unless the objection filed by the unincorporated organization states the name and address of the person who filed the objection on behalf of the unincorporated organization.

7(6)Where a decision of the Minister with respect to an objection filed pursuant to subsection (2) is to be served upon an unincorporated organization, the decision shall be sufficiently served upon that unincorporated organization if it is delivered personally or mailed prepaid registered post to the address stated in the objection as being the address of the person who filed the objection on behalf of the unincorporated organization.

8(1)Upon receipt of an application for an approval made pursuant to this Regulation together with any information demanded by the Minister pursuant to subsection 6(2) and after compliance with any requirements of the Minister pursuant to subsection 7(1), the Minister shall, within a reasonable time after considering any objections filed with him pursuant to subsection 7(2),

8(2)An approval issued pursuant to subsection (1) may be issued subject to terms and conditions including, without limiting the generality of the foregoing,

8(3)An approval permitting the construction or modification of a source, wastewater works or waterworks shall be valid only for construction or modification completed within two years from the date of approval.

8(4)An approval shall be valid for a period of time, not to exceed five years, specified in the approval.

8(5)If no period of time is specified in an approval in accordance with subsection (4), the approval shall be valid for five years.

8(6)After an application for an approval has been received by the Minister, whether before or after an approval has been issued, if the name or address of the person making the application changes, that person shall notify the Minister of the full particulars of such change within thirty days of such change.

9(1)An approval is only valid for the person to whom it was issued and persons acting under his control.

9(2)Upon the expiry of the time for which a certificate of approval is valid or for which a certificate of approval has been renewed, the Minister may renew the certificate of approval for a further period not exceeding five years.

11(1)Where any term or condition of an approval is knowingly violated for any reason, the person to whom the approval was issued or any individual designated by him in writing as being in charge of the source, wastewater works or waterworks which is subject to the approval, shall take adequate action to minimize the environmental effect of the violation and shall report such violation to the Minister immediately, which report shall contain

11(2)Where any contaminant is emitted, discharged, deposited, left or thrown in any place such that it may, directly or indirectly, result in water pollution or increased water pollution in any waters of the Province, the person who emits, discharges, deposits, leaves or throws such contaminant, or who has control of the source which emits, discharges, deposits, leaves or throws such contaminant, shall take adequate action to minimize the water pollution and shall report such emission, discharging, depositing, leaving or throwing to the Minister immediately, which report shall contain

11(3)In addition to the action required by subsection (1), (1.1) or (2), if the event described therein results or may result in a substantial increase in water pollution in any waters of the Province, the person required to report shall give immediate notice of the event to the Provincial Mobile Communications Centre by telephone at 1-506-453-7171.

15(1)No person shall erect or place any structure upon the ice of any body of water unless the name and address of the owner is clearly written upon the exterior of the structure in letters at least three inches high.

15(2)Any structure referred to in subsection (1) shall be mounted on runners or skids.

15(3)The Minister may remove and destroy or otherwise dispose of any structure located upon the ice of any body of water if there has not been compliance with the requirements of subsections (1) and (2).

15(4)The Minister may, by letter sent prepaid registered post to the name and address marked upon the structure pursuant to subsection (1), order that any structure placed upon the ice of any body of water be removed, either temporarily or permanently.

15(5)If a structure is not removed in accordance with directions given by the Minister pursuant to subsection (4) within ten days of the mailing of the letter prescribed by subsection (4), the Minister may remove and destroy or otherwise dispose of the structure.

15(6)No person shall leave any structure upon the ice of any body of water at a time when melting of the ice may cause the structure to be deposited into or upon the water.

15(7)When, in the opinion of the Minister, the melting of ice may cause structures erected or placed upon the ice of any body of water to be deposited into or upon the water, the Minister may, by notice published once in such newspaper or newspapers as the Minister may require, order that all such structures erected or placed upon the ice of such body of water be removed, either temporarily or permanently, by a date specified in the notice.

15(8)If a structure placed upon the ice of any body of water referred to in a notice published pursuant to subsection (7) is not removed by the date specified in such notice, the Minister may remove and destroy or otherwise dispose of the structure.

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.

16(2)An inspector who presents an identification card purporting to be signed by the Minister, bearing the photograph of the inspector, his name and a statement that he has been designated as an inspector pursuant to section 23 of the Act, shall be immediately admitted to any area or building not used primarily as a private dwelling in order to act on behalf of the Minister.

17(1)The Minister may require a person responsible for a source, wastewater works or waterworks to monitor and maintain records of parameters of operation of the source, wastewater works or waterworks and discharge therefrom.

17(2)The Minister may designate or approve the methods to be used in determining the parameters referred to in subsection (1), including, without limiting the generality of the foregoing, requiring the installation of recording devices approved by the Minister and the taking of such steps to ensure accuracy as may be required by the Minister.

17(3)The person responsible for a source, wastewater works or waterworks who is required by the Minister pursuant to subsection (1) to monitor and maintain records of parameters of operation of the source, wastewater works or waterworks or discharge therefrom shall, within such period of time as the Minister may specify, comply fully with such requirements and the methods designated or approved by the Minister pursuant to subsection (2).

17(4)Records maintained pursuant to subsection (1) shall be retained for such time as may be prescribed by the Minister and shall be made available to the Minister at his request.

19(1)The Minister may by notice to a person responsible for a source, wastewater works or waterworks prescribe a training program or programs for any person in control of or who is to be in control of the source, wastewater works or waterworks, or any part thereof.

19(2)Notwithstanding sections 12 and 18, no person responsible for a source, wastewater works or waterworks shall permit a person to be in control of a source, wastewater works or waterworks, or any part thereof, who

22(2)If a person ceases to operate a waterworks or wastewater works contrary to section 14, the Minister or such agent as he may in writing appoint, together with such other persons, materials and equipment as he deems necessary, may enter upon any land or premises, using such force as may be necessary, and may do everything necessary to resume or continue the operation of the wastewater works or waterworks.

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

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 King’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.

24(1)Any notice or other document which is to be given to, filed with or served upon the Minister shall be sufficiently given, filed or served if it is delivered personally or mailed prepaid registered post to The Director, Pollution Control Branch, New Brunswick Department of Environment and Local Government, P. O. Box 6000, Fredericton, New Brunswick, E3B 5H1.

24(2)Any notice or other document which is to be given to or served upon the owner of a source, wastewater works or waterworks shall be sufficiently given or served if it is deposited upon or near the source, wastewater works or waterworks.

25(1)The issuance of every approval under this Regulation is conditional upon

25(2)No person shall give false or misleading information in any report or statement made to the Minister pursuant to this Regulation.

27(1)An application for an approval and an approval shall be in the form prescribed by the Minister and one such form shall be completed for every application for an approval filed with the Minister and for each approval granted.

27(2)The Minister shall maintain one or more registers consisting of the forms referred to in subsection (1).

27(3)All forms in the registers maintained pursuant to subsection (2) shall be indexed under the name of the applicant for the approval.

27(4)The register or registers shall be available for inspection at the offices of the Department of Environment and Local Government, Fredericton, during normal office hours upon payment of a fee of one dollar.