Interpretation

1   In this by-law:

"Animal" does not include human;

"Crematorium" means a building, or part of a building, fitted with approved appliances for the purpose of cremating animal remains, and includes everything incidental or ancillary to it;

"Earth" means substances of which land is composed, including substances containing waste;

"Incinerator" means a thermal treatment facility using controlled flame combustion, but does not include a brick kiln or a crematorium;

"Thermal Treatment Facility" means a facility that treats waste in a device which uses elevated temperatures;

"Waste" has the meaning set out in the Waste Management Act as of the date of the adoption of this by-law.

Standards

2   Every person who operates an Incinerator or a thermal treatment facility shall operate the incinerator or thermal treatment facility only:in accordance with the standards set out in Schedule "A" and, for the purposes of this Section, the measurement of emissions may take place anywhere within the District.

Testing

3   Before operating an incinerator or thermal treatment facility within the boundaries of the District, the owner of operator shall conduct a demonstration trial in an approved manner to demonstrate the effectiveness of the facility to treat or destroy waste according to the standards set out in Schedule "A", and shall conduct the trial for a sufficient time under normal operating conditions to obtain the information described in Section 20(2) of the Special Waste Regulation, [B.C. Reg.63/88 as amended to the date of adoption of this by-law] under the Waste Management Act sufficient to evidence that the incinerator or thermal treatment facility satisfies the standards set out in Schedule "A".

4   Every person is prohibited from transporting all or part of an incinerator or thermal treatment facility on a highway located within the District, until such time as the test referred to in Section 3 has been completed proving compliance with the standards set out in Schedule "A" and the results of the test delivered to the District's Administrator.

5   No person shall move all or part of any incinerator or thermal treatment facility from its location or through the area to which this by-law applies until an application is made in the form attached as Schedule "B" and a moving permit in the form attached as Schedule "C" is obtained.

Transport of material

6   Every person is prohibited from transporting materials on a highway within the boundaries of the District, which materials are destined for an incinerator or thermal treatment facility located within the boundaries of the District that, if operated to treat, dispose of, or destroy the materials, would contravene the standards set out in Schedule "A".

Delivery of Earth, soil and gravel

7   (1) The operator of any vehicle delivering earth, soil, gravel, or any combination thereof in the District shall, for the purposes of inspection, carry in the vehicle two copies of the form provided as Schedule "D" to this by-law, completed, signed and certified by the owner or operator of the vehicle,containing the following information:

(a) the origin of the earth, soil or gravel by reference to municipality and street address, and the date it was loaded into the vehicle;

(b) the destination of the earth, soil or gravel by reference to a civic address within the District and the name of the consignee;

(c) whether or not the earth, soil or gravel carried by the vehicle has been analyzed or tested for any or all of the contaminants listed in Schedule "E" to this by-law and, if so, the date and results of the analysis or test and the name and address of the persons who conducted the analysis or test.

(2) No person shall deliver within the District any earth, soil, gravel, or combination thereof containing any contaminant or contaminants of any type or types set out in Schedule "E" to this by-law, in an amount greater than that set out in the said Schedule, unless the soil originates from, or is destined for, a soil bio-remediation facility.

B/L 73-95

(3) Any vehicle delivering earth, soil, gravel, or any combination, in the District may be subject to inspection by a health inspector or by-law enforcement officer of the District.

Public nuisance

8   (1) Every person is prohibited from operating an incinerator or thermal treatment facility such that any effluvia may be detected at any place within the boundaries of the District.

(2) Without limiting the generality of Section 2 or 7 (1) of this by-law, every person is prohibited from causing a nuisance that affects any person or property within the District.

Penalty

9   Every person who violates a provision of this by-law is guilty of an offence and is liable, on summary conviction, to a fine not exceeding Two Hundred Thousand Dollars, a maximum of six months' imprisonment, or to both, and the costs of prosecution.

Severability

10   If any section or lesser portion of this by-law is held invalid, the invalidity shall not effect the validity of the remaining portions of this by-law.

Citation

11   This by-law may be cited as "District of Abbotsford Incinerator and Thermal Treatment Facility Emission Elimination By-law No. 2405-92".

Repeal

12   "Village of Abbotsford Air Pollution Control By-law No. 268-1966" is hereby repealed.

Interpretation

1   In this by-law:

(a) destruction and removal efficiency (DRE) is determined by employing the following equation:

where

(b) combustion efficiency (CE) is determined by emplying the following equation:

where

2   The owner of an incinerator or thermal treatment facility shall ensure that, during operation:

(a) the destruction and removal efficiency (DRE) of the facility is equal to that specified in Table 1:

(b) the operating conditions are maintained at levels shown by the demonstration trial referred to in Section 3 of this by-law to be necessary to meet the PRE criteria in Table 1;

(c) the combustion efficiency (CE) of an incinerator is equal to 99.91 %;

(d) the exhaust emissions meet the emission standards as specified in Table 2.

Notes:

(e) Concentrations are corrected to 11%, oxygen and standard conditions of 20°C, 760 mm of mercury and dry basis.

(f) Averaging period codes: RA means rolling average, which is the moving time period over which the continuous monitoring data is averaged.

(g) Monitoring method codes: C means continuous.

(h) The concentrations prescribed apply to each individual metal.

1.   Non-chlorinated phenolic compounds, which include:

2.   Chlorophenols, which include:

3.   If material is contaminated with coal tars, these are the standards that apply.

4.   Volatile chlorinated aliphatic hydrocarbons, which include:

5.   Chlorobenzenes, which include:

6.   Polychlorinated biphenyls, which include:

7.   To be used as investigation standards only.

8.   Organic compounds regarded as carcinogens.