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Newfoundland and Labrador
Regulation 2010


NEWFOUNDLAND AND LABRADOR REGULATION 90/10

NEWFOUNDLAND AND LABRADOR
REGULATION 90/10

Heating Oil Storage Tank System Regulations, 2003
(Amendment)
under the
Environmental Protection Act
(O.C. 2010-263)

(Filed September 29, 2010)

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

Dated at St. Johnís, September 28, 2010.

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


††††††† 1. S.2 Amdt.
Definitions

††††††† 2. S.3.1 Added
Adoption of code

††††††† 3. S.5 Amdt.
New or altered systems

††††††† 4. S.9 R&S
Re-inspection

††††††† 5. Ss.9.1 and 9.2 Added
9.1†† Service of notice of
††††††† inspection
9.2 Adoption of code

††††††† 6. S.11 Amdt.
Construction and installation

††††††† 7. S.12 Amdt.
Alteration of system

††††††† 8. S.15 Amdt.
Technical requirements

 

 

 

 


NLR 60/03
as amended

††††††† 1. Paragraph 2(e.1) of the Heating Oil Storage Tank System Regulations, 2003 is amended by deleting the words "as revised from time to time".

 

††††††† 2. The regulations are amended by adding immediately after section 3 the following:

Adoption of code

††††† 3.1 (1) The following editions of CSA-B139 are adopted:

†††††††††††† (a)the seventh edition (CSA-B139-04) is adopted from October 1, 2010 to December 31, 2010; and

†††††††††††† (b)the eighth edition of CSA-B139 (CSA-B139-09) is adopted from January 1, 2011.

†††††††††††† (2)Amendments to the eighth edition of CSA-B139 (CSA-B139-09), and further editions and amendments of CSA-B139, are adopted 6 months following the date of their publication.

 

††††††† 3. Subsection 5(4) of the regulations is amended by deleting the words and citation "clause 3.4.2 of".

 

††††††† 4. Section 9 of the regulations is repealed and the following replaced:

Re-inspection

††††††† 9. (1) The administrator may require an owner of a registered system to have it inspected

†††††††††††† (a)to ensure continued compliance of the system with these regulations, the requirements of CSA-B139, the tank manufacturerís instructions and the System Installation and Inspection Manual; or

†††††††††††† (b)to check and, where necessary, correct a problem with the system or a part of the system that has been identified by the administrator.

†††††††††††† (2)Where an inspection is required under subsection (1), the administrator shall give or publish written notice in accordance with section 9.1 and set the time period by which the inspection is to be conducted.

†††††††††††† (3)The maximum time period set by the administrator under subsection (2) shall be

†††††††††††† (a)in the case of one system, 60 days; and

†††††††††††† (b)in the case of multiple systems of a particular type or meeting a common criterion, 180 days.

†††††††††††† (4)Deficiencies identified during an inspection conducted according to this section shall be corrected within 30 days or the registration of the system shall be revoked by the administrator.

 

††††††† 5. The regulations are amended by adding immediately after section 9 the following:

Service of notice of inspection

††††† 9.1 (1) Where the inspection of one system is required under subsection 9(1), the administrator shall give written notice to the owner.

†††††††††††† (2)Where the inspection of multiple systems of a particular type or meeting a common criterion is required under subsection 9(1), the administrator shall

†††††††††††† (a)give written notice to an owner;

†††††††††††† (b)give written notice to a licensed inspector; or

†††††††††††† (c)publish the written notice in a publication that the administrator determines to be applicable.

†††††††††††† (3)Written notice may be given to a person by

†††††††††††† (a)personal service; or

†††††††††††† (b)registered or certified mail to the last known address of the person.

†††††††††††† (4)A notice mailed under subsection (3) shall be considered to be served on a person

†††††††††††† (a)on the date the person actually receives the notice; or

†††††††††††† (b)5 days after the date of mailing

whichever is earlier.

†††††††††††† (5)Service of written notice under paragraph (2)(c) shall be considered to be effected on the last day of publication where there is more than one day of publication.

Adoption of code

††††† 9.2 (1) Notwithstanding section 3.1, for the purpose of paragraph 9(1)(a), subparagraph 13(1)(b)(i) and subsection 14(1),

†††††††††††† (a)the applicable edition of CSA-B139 for a new, altered or existing system is the edition enforced when the system was registered; and

†††††††††††† (b)the applicable edition of CSA-B139 for a registered system that is subsequently altered is

††††††††††††††††††††† (i)the edition enforced when the system was registered; and

†††††††††††††††††††† (ii)with respect to an alteration that was made, the edition enforced at the time of the alteration.

†††††††††††† (2)Where the problem to be checked and corrected under paragraph 9(1)(b) is addressed in CSA-B139, the applicable edition of CSA-B139 is the current edition.

 

††††††† 6. Subsection 11(1) of the regulations is amended by deleting the phrase "application of clause 3.4.2 of that code to a person or his or her agent who installs a system for that personís own use" and substituting the phrase "requirement under CSA-B139 that a person or his or her agent who installs a system for that personís own use be trained".

 

††††††† 7. Subsection 12(1) of the regulations is amended by deleting the phrase "application of clause 3.4.2 of that code to a person or his or her agent who installs a system for that personís own use" and substituting the phrase "requirement under CSA-B139 that a person or his or her agent who installs a system for that personís own use be trained".


 

 

††††††† 8. Paragraph 15(1)(a) of the regulations is amended by adding the following words "and registered before January 1, 2011" after the word "outside".