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Newfoundland and Labrador
Regulation 2004


NEWFOUNDLAND AND LABRADOR REGULATION 40/04

NEWFOUNDLAND AND LABRADOR
REGULATION 40/04

Storage and Handling of Gasoline and Associated
Products Regulations, 2003
(Amendment)
under the
Environmental Protection Act
(O.C. 2004-234)

(Filed May 21, 2004)

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, May 20, 2004.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.13 R&S
Prohibition and registration

        2.   S.18.1 Added
Prohibition


NLR 58/03

        1. Section 13 of the Storage and Handling of Gasoline and Associated Products Regulations, 2003 is repealed and the following substituted

Prohibition and registration

      13. (1) A person shall not construct, install, alter or operate a storage tank system unless that construction, installation, alteration or operation is registered under these regulations.

             (2)  A person who

             (a)  constructs;

             (b)  installs;

             (c)  alters; and

             (d)  operates

a storage tank system, shall,

             (e)  in the form and manner required by the minister; and

              (f)  before carrying out the proposed construction, installation, alteration or operation of that storage tank system,

register that construction, installation, alteration or operation with the department.

             (3)  The minister may, at any time before or after the registration of a storage tank system construction, installation, alteration or operation under this section require

             (a)  the inspection of that storage tank system; and

             (b)  that the owner or operator of that storage tank system provide additional information relating to that system,

as the minister considers necessary to ensure compliance with the Act and these regulations.

             (4)  Notwithstanding subsections (1) and (2), where, immediately before the coming into force of this section, a storage tank system is in operation, the operation of that storage tank system shall be registered under this section by not later than November 30, 2004.

 

        2. The regulations are amended by adding immediately after section 18 the following:

Prohibition

   18.1 (1) A person shall not operate, fill or cause to be operated or filled a storage tank system where the operation of that system is not registered under section 13.

             (2)  Subsection (1) shall not apply to the operation or filling of a storage tank system that is operating immediately before the coming into force of this section until after November 30, 2004.