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Newfoundland and Labrador
Regulation 2003


NEWFOUNDLAND AND LABRADOR REGULATION 103/03

NEWFOUNDLAND AND LABRADOR
REGULATION 103/03

Heating Oil Storage Tank System Regulations, 2003 (Amendment)
under the
Environmental Protection Act
(O.C. 2003-447)

(Filed September 8, 2003)

Under the authority of section 111 of the Environmental Protection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, August 29, 2003.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.4.1 Added
Administrator

        3.   S.5 Amdt.
New or altered systems

        4.   S.11 Amdt.
Construction and installation

        5.   S.12 Amdt.
Alteration of system

        6.   S.13 Amdt.
Delivery prohibited

        7.   S.15 Amdt.
Technical requirements

        8.   S.17 Amdt.
Variance

        9.   S.19 Amdt.
Insurance

      10.   S.20 Amdt.
Licensure

      11.   S.22 Amdt.
Suspension or revocation of licensure


NLR 60/03

        1. (1) Paragraph 2(c) of the Heating Oil Storage Tank System Regulations, 2003 is amended by adding immediately after the word "minister" the words and figures "under section 4.1".

             (2)  Section 2 of the regulations is amended by adding immediately after paragraph (e) the following:

          (e.1)  "CSA-B139" means the Installation Code for Oil Burning Equipment of the Canadian Standards Association issued with the number CSA B139 as revised from time to time;

 

        2. The regulations are amended by adding immediately after section 4 the following:

Administrator

      4.1 The minister shall designate an administrator to carry out duties under these regulations.

 

        3. Section 5 of the regulations is amended by adding immediately after subsection (3) the following:

             (4)  Notwithstanding subsection (2), a person may install or have his or her agent install a system for that person’s own use notwithstanding that that person or agent is not trained as required under clause 3.4.2 of CSA-B139 to do that installation provided that an inspection is carried out as required under section 11 or 12.

 

        4. Subsection 11(1) is repealed and the following substituted:

Construction and installation

      11. (1) A system shall be constructed and installed in accordance with the requirements of these regulations and in accordance with the tank manufacturer’s instruction, the System Installation and Inspection Manual and the requirements of CSA-B139, excluding the application of clause 3.4.2 of that code to a person or his or her agent who installs a system for that person’s own use.

 

        5. Subsection 12(1) is repealed and the following substituted:

Alteration of system

      12. (1) An alteration to a system shall be in accordance with the requirements of these regulations and in accordance with the requirements of the tank manufacturer’s instructions, the System Installation and Inspection Manual and the requirements of CSA-B139, excluding the application of clause 3.4.2 of that code to a person or his or her agent who alters a system for that person’s own use.

 

        6. (1) Subparagraph 13(1)(b)(ii) is amended by deleting the word "permanently".

             (2)  Subsection 13(1) of the regulations is amended by deleting the period at the end of paragraph (b) and substituting a semi-colon and the word "and" and by adding immediately after that paragraph the following:

             (c)  that has not been constructed, installed, altered or registered in accordance with these regulations.

 

        7. Subsections 15(2) to (5) are repealed and the following substituted

             (2)  Notwithstanding subsection (1), an aboveground tank that is constructed with secondary containment that provides an interstice that is monitored and where the tank is located

             (a)  outside and the secondary containment precludes the ingress of precipitation; or

             (b)  inside a structure or building which includes a foundation and protects the tank from the elements to the satisfaction of the administrator,

that tank shall be used only for the maximum period set by the administrator.

             (3)  Where an aboveground tank is constructed of materials other than mild steel it shall be used only for the maximum period set by the administrator.

             (4)  An underground heating oil storage system shall be

             (a)  constructed with secondary containment of both the tank and all piping or tubing that provides an interstice that is monitored; and

             (b)  installed and maintained in a manner so that the system may be readily removed if necessary according to subsection 18(5),

and that system shall be used only for the maximum period set by the administrator.

             (5)  The maximum period referred to in subsections (2), (3) and (4) shall not exceed 50 years.

 

        8. Subsection 17(2) of the regulations is repealed and the following substituted:

             (2)  The administrator may vary the time period for compliance with subsection 5(3), section 9 and paragraphs 13(1)(b), 16(3)(b), (c) and (d) and 18(5)(b) and (c) where, in the opinion of the administrator

             (a)  due to geographic or other factors, a licensed inspector is not available; or

             (b)  geographic or climatic factors make compliance within the prescribed time frame impossible.

 

        9. Paragraph 19(2)(a) of the regulations is repealed and the following substituted:

             (a)  submit to the administrator a certificate of that insurance coverage by September 30, 2003 or within 30 days of acquiring that coverage, whichever is later;

          (a.1)  submit to the administrator a certificate of that insurance coverage within 30 days of renewing that coverage; and

 

      10. (1) Subsection 20(2) of the regulations is repealed and the following substituted:

             (2)  An applicant for an inspector’s licence shall

             (a)  complete and submit an application in the form and manner acceptable to the administrator;

             (b)  hold the certification required by the administrator; and

             (c)  complete, to the satisfaction of the administrator, additional training and examination programs required by the administrator.

             (2)  Subsection 20(5) of the regulations is repealed and the following substituted:

             (5)  A licence issued under this section shall expire 12 months after the date of issue of the licence.

 

      11. (1) Subsection 22(2) of the regulations is repealed.

             (2)  Subsection 22(5) of the regulations is repealed.