Air Quality Standards (Residential)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-18
CLNP Page ID:	2352
Page Categories:	[Interference of Reasonable Enjoyment (LTB)]]
Citation:	Air Quality Standards (Residential), CLNP 2352, <>, retrieved on 2024-05-18
Editor:	Sharvey
Last Updated:	2024/03/01

Guide's

• https://www.ontario.ca/page/guideline-12-guideline-implementation-air-standards-ontario

O. Reg. 419/05: AIR POLLUTION - LOCAL AIR QUALITY

30. (1) A person who discharges or causes or permits the discharge of a contaminant listed in Schedule 6 into the air shall comply with subsections (3) and (4) if there is reason to believe, based on any relevant information, that discharges of the contaminant may result in the concentration of the contaminant exceeding,

(a) the half hour upper risk threshold set out for that contaminant in Schedule 6 at a point of impingement, if section 19 applies to the person in respect of the contaminant; or

(b) the other time period upper risk threshold set out for that contaminant in Schedule 6 at a point of impingement, if section 20 applies to the person in respect of the contaminant. O. Reg. 516/07, s. 24 (1); O. Reg. 507/09, s. 30 (1); O. Reg. 109/18, s. 8.

(1.1) The two items in Schedule 6 that set out upper risk thresholds for total reduced sulphur (TRS) compounds specify the facilities to which they apply. O. Reg. 516/07, s. 24 (1).

(2) Without limiting the generality of subsection (1), the reference in that subsection to relevant information includes relevant information from predictions of a dispersion model, including,

(a) an approved dispersion model or other dispersion model; or

(b) a dispersion model that is not used in accordance with this Regulation. O. Reg. 419/05, s. 30 (2).

(3) If subsection (1) applies to a discharge, the person who discharged or caused or permitted the discharge of the contaminant shall immediately notify the Director in writing. O. Reg. 419/05, s. 30 (3).

(4) If subsection (1) applies to a discharge, the person who discharged or caused or permitted the discharge of the contaminant shall, within three months after the discharge, prepare a report in accordance with section 26 and submit the report to the Director. O. Reg. 419/05, s. 30 (4).

...

(7) If, according to an approved dispersion model that is used for the purpose of preparing a report under subsection (4), discharges of a contaminant may result in a contravention of section 20 because of the concentration of the contaminant at a point of impingement located on a place referred to in subsection (8), the person who prepares the report shall include the following in the report:

1. A statement or map identifying the place that the point of impingement is located on.

2. A statement specifying the highest concentration of the contaminant that the approved dispersion model predicts for the point of impingement.

3. A statement specifying the number of averaging periods for which the approved dispersion model predicts that discharges of a contaminant may result in a contravention of section 20 because of the concentration of the contaminant at the point of impingement, expressed as a percentage of the number of averaging periods in,

i. a period of five years, if the approved dispersion model was used in accordance with meteorological data described in paragraph 1, 1.1, 2 or 2.1 of subsection 13 (1),

ii. a period equal to the length of the period over which the meteorological data was collected, if the approved dispersion model was used in accordance with local or site-specific meteorological data described in paragraph 3 of subsection 13 (1), or

iii. a period equal to the length of the period that was used for the purposes of the computational method, if the approved dispersion model was used in accordance with meteorological data obtained from a computational method in accordance with paragraph 4 of subsection 13 (1). O. Reg. 516/07, s. 24 (5).

(8) The following places are the places referred to in subsection (7) and in subsection 35 (2):

1. A health care facility.

2. A senior citizens’ residence or long-term care facility.

3. A child care facility.

4. An educational facility.

5. A dwelling.

6. A place specified by the Director in a notice under subsection (9) as a place where discharges of a contaminant may cause a risk to human health. O. Reg. 419/05, s. 30 (8); O. Reg. 507/09, s. 30 (4).

(9) For the purpose of paragraph 6 of subsection (8), the Director may give written notice to a person who is required to notify the Director under subsection (3) stating that the Director is of the opinion that the discharge may cause a risk to human health at a place specified in the notice. O. Reg. 419/05, s. 30 (9).