Acts and Regulations

93-201 - Fees for Industrial Approvals

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 93-201
under the
Clean Water Act
(O.C. 93-977)
Filed December 21, 1993
Under section 40 of the Clean Water Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Fees for Industrial Approvals Regulation - Clean Water Act.
2In this Regulation
“approval to operate a source of contaminant” means an approval to operate a source of contaminant issued under the Water Quality Regulation;(agrément d’exploitation)
“aquaculture operation” means the raising of aquatic animals, but does not include raising aquatic animals in a laboratory for experimental purposes or in an aquarium;(exploitation aquacole)
“BOD matter” means any matter, present in effluent, that exerts a biochemical oxygen demand when tested in accordance with the test method set out in Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, sub-part 5210B, jointly published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation;(matières DBO)
“compost” means a mixture consisting primarily of decayed organic matter that is used for fertilizing and conditioning land;(compost)
“composting facility” means a facility that is engaged in the controlled biological decomposition of organic matter to produce compost;(usine de compostage)
“construction and demolition debris disposal site” means a facility engaged in the ongoing disposal of inert debris generated as a result of the construction, renovation or demolition of one or more buildings or structures;(lieu d’élimination de débris de construction et de demolition)
“domestic wastewater biosolids” means solid, semi-solid or liquid residue generated during the treatment of domestic wastewater, including solids removed from primary, secondary or advanced domestic wastewater treatment processes, but does not include screenings, material removed from grit chambers or scum removed from primary clarification;(biosolides d’eaux usées domestiques)
“dredge spoil disposal site” means a parcel of land located above the ordinary high water mark used for the disposal of dredge spoils;(lieu d’élimination de matériaux de dragage)
“fin fish” means any fish, but does not include crustaceans, echinoderms, mollusks or marine mammals;(poisson à nageoires)
“land containment system” means, with reference to the containment of fish, a containment system located inland from the shoreline, whether in or above the ground;(système de confinement terrestre)
“land reclamation site” means a parcel of land used for the disposal of inert debris generated as a result of a single demolition project involving the demolition of one or more buildings or structures;(lieu de réclamation du terrain)
“leachate” means a liquid that has been in contact with waste deposits or emerged from solid waste and, as a result, contains soluble, suspended or miscible contaminants;(lixiviat)
“marine containment system” means, with reference to the containment of fish, a containment system located in any body of water that is naturally salt water, but does not include a land containment system;(système de confinement en milieu marin)
“permitted rate of discharge” means the rate of discharge from a source of contaminant permitted by the approval to operate the source of contaminant;(taux autorisé d’émission)
“suspended solids” means any solid matter that is present in effluent when tested in accordance with the test method set out in Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, sub-part 2540D, jointly published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation;(matières en suspension)
“Water Quality Regulation” means the Water Quality Regulation - Clean Environment Act.(Règlement sur la qualité de l’eau)
2001-81; 2005-13
3(1)Subject to subsection (2), this Regulation applies
(a) to a person who holds an approval to operate a source of contaminant, whether the approval was issued before or after the commencement of this Regulation, and
(b) to a person who applies for the issuance or renewal of an approval to operate a source of contaminant, whether the application for the issuance or renewal of the approval was made before or after the commencement of this Regulation.
3(2)This Regulation does not apply where the applicant for or the holder of an approval to operate a source of contaminant is a local government, a regional service commission or a water or wastewater commission constituted under section 15.2 of the Clean Environment Act.
2001-81; 2005-13; 2012, c.32, s.5; 2012, c.44, s.3; 2017, c.20, s.25
4(1)For the purposes of this Regulation, a source of contaminant is, subject to section 5, classified as
(a) a Class 1A source of contaminant, if the permitted rate of discharge of
(i) effluent exceeds 20,000 cubic metres per day,
(ii) BOD matter exceeds 2,000 tonnes per year, or
(iii) suspended solids exceeds 2,000 tonnes per year;
(b) a Class 1B source of contaminant, if the permitted rate of discharge of effluent, BOD matter or suspended solids does not fall within the permitted rate of discharge of effluent, BOD matter or suspended solids of a Class 1A source of contaminant and if the permitted rate of discharge of
(i) effluent exceeds 10,000 cubic metres per day but does not exceed 20,000 cubic metres per day,
(ii) BOD matter exceeds 400 tonnes per year but does not exceed 2,000 tonnes per year, or
(iii) suspended solids exceeds 400 tonnes per year but does not exceed 2,000 tonnes per year;
(c) a Class 2 source of contaminant, if the permitted rate of discharge of effluent, BOD matter or suspended solids does not fall within the permitted rate of discharge of effluent, BOD matter or suspended solids of a Class 1A or Class 1B source of contaminant and if the permitted rate of discharge of
(i) effluent exceeds 1,000 cubic metres per day but does not exceed 10,000 cubic metres per day,
(ii) BOD matter exceeds 40 tonnes per year but does not exceed 400 tonnes per year, or
(iii) suspended solids exceeds 40 tonnes per year but does not exceed 400 tonnes per year;
(d) a Class 3 source of contaminant, if the permitted rate of discharge of effluent, BOD matter or suspended solids does not fall within the permitted rate of discharge of effluent, BOD matter or suspended solids of a Class 1A, Class 1B or Class 2 source of contaminant and if the permitted rate of discharge of
(i) effluent exceeds 100 cubic metres per day but does not exceed 1,000 cubic metres per day,
(ii) BOD matter exceeds 1 tonne per year but does not exceed 40 tonnes per year, or
(iii) suspended solids exceeds 1 tonne per year but does not exceed 40 tonnes per year;
(e) a Class 4 source of contaminant, if the permitted rate of discharge of effluent, BOD matter or suspended solids does not fall within the permitted rate of discharge of effluent, BOD matter or suspended solids of a Class 1A, Class 1B, Class 2 or Class 3 source of contaminant and if the permitted rate of discharge of
(i) effluent does not exceed 100 cubic metres per day,
(ii) BOD matter does not exceed 1 tonne per year, or
(iii) suspended solids does not exceed 1 tonne per year;
(f) notwithstanding paragraphs (a) to (e), a Class 5 source of contaminant, if it is a freshwater aquaculture operation having on the site at least 25,000 fin fish but fewer than 200,000 fin fish, as permitted under the approval to operate a source of contaminant;
(g) notwithstanding paragraphs (a) to (e), a Class 6 source of contaminant, if it is a freshwater aquaculture operation having on the site 200,000 fin fish or more, as permitted under the approval to operate a source of contaminant;
(h) notwithstanding paragraphs (a) to (e), a Class 7 source of contaminant, if it is an aquaculture operation based on a marine containment system having on the site fewer than 100,000 fin fish, as permitted under the approval to operate a source of contaminant;
(i) notwithstanding paragraphs (a) to (e), a Class 8 source of contaminant, if it is an aquaculture operation based on a marine containment system having on the site 100,000 fin fish or more, as permitted under the approval to operate a source of contaminant;
(j) notwithstanding paragraphs (a) to (e), a Class 9 source of contaminant, if it is an aquaculture operation based on a land containment system containing sea water and having on the site fewer than 100,000 fin fish, as permitted under the approval to operate a source of contaminant;
(k) notwithstanding paragraphs (a) to (e), a Class 10 source of contaminant, if it is an aquaculture operation based on a land containment system containing sea water and having on the site 100,000 fin fish or more, as permitted under the approval to operate a source of contaminant;
(l) notwithstanding paragraphs (a) to (e), a Class 11 source of contaminant, if it is a composting facility processing domestic solid waste or domestic wastewater biosolids, as permitted under the approval to operate a source of contaminant;
(m) notwithstanding paragraphs (a) to (e), a Class 12 source of contaminant, if it is a composting facility processing exclusively organic matter other than domestic solid waste or domestic wastewater biosolids and it processes 3,000 cubic metres or more of such organic matter per year, as permitted under the approval to operate a source of contaminant;
(n) notwithstanding paragraphs (a) to (e), a Class 13 source of contaminant, if it is a composting facility processing exclusively organic matter other than domestic solid waste or domestic wastewater biosolids and it processes less than 3,000 cubic metres of such organic matter per year, as permitted under the approval to operate a source of contaminant;
(o) notwithstanding paragraphs (a) to (e), a Class 14 source of contaminant, if it is a dredge spoil disposal site used for the disposal of 10,000 cubic metres or more of dredge spoils, as permitted under the approval to operate a source of contaminant;
(p) notwithstanding paragraphs (a) to (e), a Class 15 source of contaminant, if it is a dredge spoil disposal site used for the disposal of less than 10,000 cubic metres of dredge spoils, as permitted under the approval to operate a source of contaminant;
(q) notwithstanding paragraphs (a) to (e), a Class 16 source of contaminant, if it is a wastewater treatment facility used or intended to be used for the purpose of treating, monitoring or holding domestic wastewater exclusively, as permitted under the approval to operate a source of contaminant;
(r) a Class 17 source of contaminant, if it is a construction and demolition debris disposal site, as permitted under the approval to operate a source of contaminant; and
(s) a Class 18 source of contaminant, if it is a land reclamation site, as permitted under the approval to operate a source of contaminant.
4(2)In determining, for the purposes of subsection (1), the permitted rate of discharge of effluent, the discharge of effluent that is not directed to a wastewater treatment facility and that consists only of water used for cooling and for which the only change in properties is temperature shall not be taken into consideration.
2001-81; 2005-13
5(1)A source of contaminant that is a mine under the Mining Act shall be classified as a Class 1A source of contaminant.
5(2)Where the Minister designates, under section 4 of the Water Quality Regulation, a source of contaminant 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, the source of contaminant shall be classified as a Class 2 source of contaminant.
5(2.1)Notwithstanding subsection (2), a septage handling operation that is designated by the Minister under section 4 of the Water Quality Regulation as a source of contaminant which is or will be a danger of pollution and which may not be used or operated without an approval permitting such use or operation shall be classified as a Class 19 source of contaminant.
5(3)A source of contaminant, other than a regional service commission, shall be classified as a Class 1B source of contaminant if it has a solid waste disposal site and has, or is permitted under an approval to operate a source of contaminant requiring the installation of, equipment designed to collect or treat leachate.
5(4)A source of contaminant that has a solid waste disposal site and that does not have, or the approval to operate the source of contaminant does not require the installation of, equipment designed to collect or treat leachate shall be classified as a Class 3 source of contaminant.
5(5)Where an approval to operate a source of contaminant requires the installation of equipment designed to control, reduce or eliminate the potential discharge of contaminants other than BOD matter or suspended solids, the source of contaminant shall
(a) be classified as a Class 1B source of contaminant, where it would have but for this subsection been classified as a Class 2 source of contaminant,
(b) be classified as a Class 2 source of contaminant, where it would have but for this subsection been classified as a Class 3 source of contaminant, and
(c) be classified as a Class 3 source of contaminant, where it would have but for this subsection been classified as a Class 4 source of contaminant.
96-9; 2001-81; 2005-13; 2012, c.44, s.3
6Where a question arises as to the proper classification of a source of contaminant for the purposes of this Regulation, the Minister shall determine the question and the Minister’s determination is final.
7(1)Subject to subsections (2), (3) and (4), a person who holds an approval to operate a source of contaminant, whether issued, reissued or renewed and regardless of the date of issuance, reissuance or renewal, shall, on or before the first day of April in each year, annually pay the following fee:
(a) for a Class 1A source of contaminant
(i) for the period ending March 31, 2012, $32,000, and
(ii) on or after April 1, 2012, $35,200;
(b) for a Class 1B source of contaminant
(i) for the period ending March 31, 2012, $18,000, and
(ii) on or after April 1, 2012, $19,800;
(c) for a Class 2 source of contaminant
(i) for the period ending March 31, 2012, $5,000, and
(ii) on or after April 1, 2005, $5,500;
(d) for a Class 3 source of contaminant
(i) for the period ending March 31, 2012, $1,000,
(ii) for the period ending March 31, 2012, $1,100,
(e) for a Class 4 source of contaminant
(i) for the period ending March 31, 2012, $500,
(ii) on or after April 1, 2012, $550;
(f) for a Class 5 source of contaminant
(i) for the period ending March 31, 2012, $200, and
(ii) on or after April 1, 2012, $220;
(g) for a Class 6 source of contaminant
(i) for the period ending March 31, 2012, $3,000, and
(ii) on or after April 1, 2012, $3,300;
(h) for a Class 7 source of contaminant, $1,100;
(i) for a Class 8 source of contaminant, $3,300;
(j) for a Class 9 source of contaminant, $110;
(k) for a Class 10 source of contaminant, $1,100;
(l) for a Class 11 source of contaminant, on or after April 1, 2012, $1,650;
(m) for a Class 12 source of contaminant, on or after April 1, 2012, $550;
(n) for a Class 13 source of contaminant, on or after April 1, 2012, $110;
(o) for a Class 16 source of contaminant, on or after April 1, 2012, $110;
(p) for a Class 17 source of contaminant, on or after April 1, 2012, $1,100; and
(q) for a Class 19 source of contaminant, on or after April 1, 2012, $330.
7(1.1)A person who holds an approval to operate a Class 14 source of contaminant shall pay a fee of $2,200 for the issuance of the approval.
7(1.2)A person who holds an approval to operate a Class 15 source of contaminant shall pay a fee of $550 for the issuance of the approval.
7(1.3)A person who holds an approval to operate a Class 18 source of contaminant shall pay a fee of $110 for the issuance of the approval.
7(2)If an approval to operate a source of contaminant is to be issued, or is to be reissued as a different class of approval, as the case may be, on a date other than the first of April, the fee set out in subsection (1) for the class of approval to be issued or reissued shall be paid before the issuance or reissuance, but shall be prorated based on the number of days between the date of issuance or reissuance and the next following thirty-first of March, inclusive.
7(3)If an approval to operate a source of contaminant is to be renewed, or if its anniversary date falls, as the case may be, between November 1, 2001, and March 31, 2002, inclusive, the fee set out in subsection (1) in relation to that class of approval shall be paid before the renewal or the anniversary date, but shall be prorated based on the number of days between the date of renewal or the anniversary date and March 31, 2002, inclusive.
7(4)If a fee payable under subsection (1) as it existed before November 1, 2001, has been paid between April 1, 2001, and October 31, 2001, inclusive, the fee payable under subsection (1) on or before April 1, 2002, shall be prorated based on the number of days between the anniversary date in 2002 of the day on which the fee was payable in 2001, and March 31, 2003, inclusive.
7(5)If an approval to operate a source of contaminant expires and is not renewed, or is to be cancelled and reissued as a different class of approval, on a day other than the thirty-first of March, as the case may be, the person who holds the approval shall be entitled to a refund of the fee paid under subsection (1) for the portion of the year between the day after the date of expiry or cancellation and the next following thirty-first of March, inclusive, prorated based on the number of days in that portion of a year.
96-103; 2001-81; 2002-21; 2005-13; 2012-24
8Repealed: 2001-81
2001-81
9Repealed: 2001-81
2001-81
10A person who holds more than one approval to operate a source of contaminant shall pay the fee under this Regulation in respect of each approval held by that person.
11(1)The Minister may suspend an approval to operate a source of contaminant if any fee payable under this Regulation in respect of the approval is not paid in accordance with this Regulation.
11(2)The suspension of an approval to operate a source of contaminant under subsection (1) shall continue until the outstanding fee is paid.
12This Regulation comes into force on January 1, 1994.
N.B. This Regulation is consolidated to January 1, 2018.