Classes of Development Regulation

Classes of Development Regulation, M.R. 164/88 The Environment Act , C.C.S.M. c. E125 Regulation 164/88 Registered March 31, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Class 1 developments 3 Class 2 developments 4 Class 3 developments 5 Repealed 6 Exemption Definitions 1 In this regulation, "asphalt plant" means a plant where aggregate materials and asphalt are heated, mixed and combined to produce a paving mix; (« groupe malaxeur d'asphalte ») "biofuel" means fuel from biologically renewable resources, including but not limited to biodiesel and ethanol; (« biocarburant ») "biosolids application" means the addition to soil of nutrient-rich organic material resulting from biological wastewater treatment; (« application de biosolides ») "borrow pit" means an excavation dug to provide material (borrow) for fill elsewhere; (« ballastière ») "bulk materials handling facility" means a facility operated for commercial purposes for the blending, handling, sorting, storage, treatment, transfer or sale of bulk materials such as sand, gravel, crushed rock, top soil, fertilizer, pesticides or other crop protection products, but does not include a pit or quarry or bulk materials handling on a farm for the sole purpose of serving that farm; (« établissement de manutention des matériaux en vrac ») "cement plant" means a plant where cement is manufactured from aggregate materials; (« cimenterie ») "Class 1 waste disposal ground" means a landfill that (a) receives more than 5,000 tonnes of solid waste in a year or 400 tonnes of solid waste in a 30 day period, (b) receives solid waste from outside the province, or (c) is operated by anyone other than a municipality or regional waste management authority and (i) disposes of solid waste generated by the operator, or (ii) receives solid waste generated by others for commercial purposes; (« décharge de catégorie 1 ») "combined sewer overflow" means the overflow from a wastewater collection system that collects wastewater combined with storm water or surface runoff; (« déversoir combiné d'eaux usées ») "commercial composting facility" means a facility at which composting is carried out for commercial purposes, but does not include composting that is carried out at an agricultural operation in accordance with the Livestock Manure and Mortalities Management Regulation , Manitoba Regulation 42/98; (« installation commerciale de compostage ») "concrete batch plant" means a plant where the ingredients for making concrete are stored, conveyed, measured and discharged for use by mixing or transportation equipment; (« centrale de dosage du béton ») "controlled burn" means the burning of forest land within a confined area for the purpose of encouraging reforestation, improving wildlife management or reducing a fire hazard; (« brûlage dirigé ») "dairy plant" means a plant where milk is processed to produce dairy products; (« usine laitière ») "feedmill" means a plant operated for commercial purposes (a) where grains are combined with vitamins and minerals to produce animal feeds, and (b) which is located 0.5 km or less from a private residence, other than the residence of the feedmill owner, or from any place where the public is ordinarily permitted access, but does not include a feedmill located on a farm which is used solely for purposes connected with that farm; (« moulin d'aliments ») "food processing plant" means a plant where agricultural products are processed into food; (« usine de transformation des produits alimentaires ») "foundry" means a plant where metal products are recycled by melting and casting into new products; (« fonderie de recyclage ») "gasification plant" means a plant where solid or liquid material is converted into gas for use as fuel; (« usine de gazéification ») "grain elevator" means a facility where grain materials are received, stored or transferred which is located 0.5 km or less from a private residence, other than the residence of the owner of the grain elevator, or from any place where the public is ordinarily permitted access; (« silo à céréales ») "holding tank system" means an on-site wastewater management system that collects wastewater; (« système de réservoir de rétention ») "landfill gas system" means a system of piping and other infrastructure to control, collect, transport, treat or utilize landfill emissions before they are released into the atmosphere; (« système de captage de gaz d'enfouissement ») "manufacturing and industrial plant" means a plant which manufactures, handles or processes a product and which causes the discharge of a pollutant into the air, water or soil; (« usine de fabrication et établissement industriel ») "meat processing and slaughter plant" means a plant where livestock is slaughtered or meat products are produced or both; (« établissement d'abattage et de traitement des viandes ») "milling facility" means a facility where minerals or mineral bearing substances from a mine are processed to produce a concentrate, and includes an associated refinery; (« établissement de broyage ») "mine" means an opening or excavation in the ground used to remove a mineral or mineral bearing substance, and include an associated milling facility; (« mine ») "mineral" means all non-living substances formed by the processes of nature which occur on or under the surface of the ground irrespective of chemical or physical state, and includes peat and peat moss, but does not include agricultural soil, surface water or ground water; (« minéral ») "multi-purpose resort" means a commercial development providing a variety of recreational activities such as golf, cross-country or downhill skiing, snowmobiling and water related activities, which is operated in conjunction with on-site overnight accommodation; (« centre de vacances à usages multiples ») "pipe line" means a pipe line used for the transportation of water, oil, natural gas, manufactured gas or liquified petroleum gas, but does not include an inter-provincial pipe line; (« pipeline ») "pit" means a mine established or operated by surface excavation for the purpose of removing unconsolidated quarry mineral; (« puits ») "plant" means a factory or workshop where products are manufactured and includes associated land, buildings, machinery and apparatus; (« usine ») "plywood and particle board plant" means a plant where plywood or particle board is manufactured from wood products; (« usine de contreplaqué et de panneaux de particules dérivés du bois ») "pulp and paper mill" means a facility where wood products are processed into paper products; (« usine de pâtes et papiers ») "quarry" means a mine established or operated by surface excavation for the purpose of removing consolidated quarry mineral; (« carrière ») "quarry mineral" means shale, kaolin, bentonite, gypsum, clay, sand, gravel, salt, amber, peat or peat moss removed for non-commercial purposes, rock or stone used for any purpose other than as a source of metal asbestos, potash, oil or natural gas; (« minerai de carrière ») "refinery" means a plant where products from a smelter or milling facility are processed to further remove impurities from the final mineral product; (« affinerie ») "rendering plant" means a plant where dead animals and inedible animal products are rendered for use in the production of other products; (« usine d'équarrissage ») "sanitary sewer overflow" means the overflow from a wastewater collection system that collects wastewater; (« déversoir d'eaux d'égout ») "scrap processing and auto wrecking facility" means a facility where scrap materials including automobiles are collected, processed and sold; (« établissement de ferraille ») "seed cleaning plant" means a plant operated for commercial purposes (a) where seeds are cleaned, sized, packaged or otherwise processed, and (b) which is located 0.5 km or less from a private residence, other than the residence of the plant owner, or from any place where the public is ordinarily permitted access, but does not include a plant located on a farm which is used solely for purposes connected with that farm; (« usine de nettoyage de semences ») "smelter" means a plant where raw materials or concentrate or both from a milling facility are used in the manufacture of a mineral product, and includes an associated mine or refinery; (« fonderie ») "stationary sawmill" means a facility for processing wood into lumber products that is not portable; (« scierie fixe ») "steam plant (power or heating)" means a plant where coal or waste products are burned to produce steam for use in heating or electric power generation; (« centrale thermique (électricité ou chauffage) ») "wastewater" means the spent or used water of a community or industry which contains dissolved and suspended matter; (« eaux usées ») "wastewater collection system" means the sewer and pumping system used for the collection and conveyance of wastewater; (« réseau collecteur d'eaux usées ») "wastewater treatment lagoon" means an impoundment into which wastewater is discharged for storage and treatment, including any associated structures, equipment and processes, combined sewer overflows and sanitary sewer overflows, wastewater collection systems and effluent discharge systems; (« étang d'épuration de l'eau usée ») "wastewater treatment plant" means a facility, other than a wastewater treatment lagoon, where wastewater is collected and treated, including any associated structures, equipment and processes, combined sewer overflows, sanitary sewer overflows, wastewater collection systems and effluent discharge systems; (« usine de traitement des eaux usées ») "water treatment plant (wastewater)" means a facility where wastewater from a water treatment plant is disposed of and treated; (« station de traitement de l'eau (eau usée) ») "wood treatment plant" means a plant where wood products are treated with preservatives. (« usine de traitement du bois ») M.R. 44/94; 74/2007 ; 39/2016 ; 115/2025 Class 1 developments 2 For the purposes of section 10 of the Act, the following are Class 1 developments: 1. AGRICULTURAL Feedmills Grain elevators Seed cleaning plants 2. ENERGY PRODUCTION AND WASTE CONVERSION Gasification plants Landfill gas collection systems Systems that collect, extract, burn or flare greenhouse gases or put greenhouse gases to an alternate use 3. FISHERIES Fish hatcheries 4. MANUFACTURING Bulk materials handling facilities 5. TRANSPORTATION Asphalt plants 6. WASTE TREATMENT AND DISPOSAL Holding tank systems with a capacity greater than 10,000 l/day Water treatment plants that discharge treated or untreated wastewater into the environment Commercial composting facilities Scrap processing and auto wrecking facilities M.R. 74/2007 ; 39/2016 Class 2 developments 3 For the purposes of section 11 of the Act, the following are Class 2 developments: 1. AGRICULTURAL Dairy plants Food processing plants Meat processing and slaughter plants Rendering plants 2. ENERGY PRODUCTION Major operational changes or modifications to existing electrical generating facilities Electrical generating facilities with a generating capacity greater than 10 megawatts but less than or equal to 100 megawatts, including commercial biofuel plants and steam plants 3. FORESTRY Plywood and particle wood plants Pulp and paper mills Stationary sawmills Wood treatment plants Timber cutting that requires a forest management plan or operating plan under The Forest Act 4. MANUFACTURING Cement plants Concrete batch plants Foundries Manufacturing and industrial plants 5. MINING Mines, other than pits and quarries Milling facilities Refineries Smelters 6. RECREATION Recreation and tourist developments, including but not limited to the following: (a) marinas (b) golf courses (c) ski hills (d) areas designated for all terrain vehicle use under The Provincial Parks Act 7. TRANSPORTATION AND TRANSMISSION Transmission lines of 115 kV and over but not exceeding 230 kV Transformer stations of 115 kV and over but not exceeding 230 kV Conversion or replacement of transmission lines in existing rights-of-way if the lines converted or replaced are equal to or exceed 230 kV Pipe lines which are greater than 10 km in length or which are located in areas sensitive to environmental disturbance, and associated facilities Two lane roads at new locations, other than roads approved in a plan of subdivision or in conjunction with a development for which a proposal has been submitted, and including (a) associated facilities and borrow pits; and (b) widenings of existing roads in areas sensitive to environmental disturbance Roads at new locations which are capable of being used only in winter 8. WASTE TREATMENT AND STORAGE Biosolids application Class 1 waste disposal grounds Onsite wastewater systems with a capacity greater than 10,000 l/day, other than holding tanks systems Wastewater treatment lagoons Wastewater treatment plants 9. WATER DEVELOPMENT AND CONTROL Inter basin water transfers with diversion rates of not less than 0.5 m 3 /s (cubic metres per second) and not greater than 10 m 3 /s Flood control projects protecting areas not less than 1 km 2 (square kilometres) and not greater than 100 km 2 Water supply impoundments of not less than 50 dam 3 * and not greater than 50,000 dam 3 Land drainage projects draining areas not less than 50 km 2 and not greater than 500 km 2 Irrigation projects withdrawing not less than 200 dam 3 but not greater than 10,000 dam 3 per year Works resulting in modification to lake or river levels and affecting a water surface area of not less than 2 km 2 but not greater than 200 km 2 Alterations to stream channels which affect fish mobility and fish habitat Withdrawal of water from any body of water of not less than 200 dam 3 but not greater than 10,000 dam 3 per year, including non-consumptive closed systems where water is returned to its source and the flow rate is 25 l/s and over but does not exceed 250 l/s, but not including non-consumptive closed systems where the flow rate is less than 25 l/s (litres per second) Aquifer recharge with a closed system where water is returned to the aquifer from which it is taken with no change in quality other than temperature and a flow rate not less than 25 l/s but not greater than 250 l/s * one dam 3 = 1,000 m 3 M.R. 44/94; 74/2007 ; 39/2016 Class 3 developments 4 For the purposes of section 12 of the Act, the following are Class 3 developments: 1. ENERGY PRODUCTION Electrical generating facilities with a generating capacity greater than 100 megawatts 2. MINING Potash mines and milling facilities 3. TRANSPORTATION AND TRANSMISSION Electrical transmission lines greater than 230 kV, and associated facilities Transformer stations greater than 230 kV Roads of four lanes or more at new locations, and associated facilities including borrow pits 4. WATER DEVELOPMENT Inter basin water transfers with diversion rates greater than 10 m 3 /s Flood control projects protecting areas greater than 100 km 2 Water supply impoundments greater than 50,000 dam 3 Land drainage projects draining areas greater than 500 km 2 Irrigation projects withdrawing greater than 10,000 dam 3 per year Works resulting in modification to lake or river levels and affecting a water surface area greater than 200 km 2 Withdrawal of water of more than 10,000 dam 3 per year including non-consumptive closed systems where water is returned to its source and the flow rate is greater than 250 l/s Aquifer recharge with a closed system where water is returned to the aquifer from which it is taken with no change in quality other than temperature and flow rates greater than 250 L/S M.R. 74/2007 5 [Repealed] M.R. 39/2016 Exemption 6 A person does not require a licence to conduct a short term pilot project involving the burning, incineration, gasification or other method of waste conversion or waste disposal or destruction, if the person has written authority from the director to conduct the project and is complying with all terms and conditions imposed by the director on that authorization. M.R. 39/2016