ENVIRONMENTAL PROTECTION ACT

The following are excerpts from the Environmental Protection Act

1.    

prescribe that, where discharged into the environment,
(a)    endangers the health, safety or welfare of persons,
(b)    interferes or is likely to interfere with normal enjoyment of life or property,
(c)    endangers the health of animal life, or
(d)    causes or is likely to cause damage to plant life or to property;

“Discharge” contains, but not in order to limit the significance, any pumping, pouring, throwing, dumping, emitting, burning,

spraying, spreading, leaking, spilling, or escaping;

“Environment” signifies the elements of the Earth and contains (a)    air, water and land,
(b)    all layers of the air,
(c)    all organic and inorganic matter and living organisms, and
(d)    the interacting natural systems that include components referred to in paragraphs (a) to (c).

“Inspector” means an individual appointed under subsection 3(2) and comprises the Chief Environmental Protection Officer.

2.2    The Minister may
(a)    establish, operate and maintain channels to track the quality of the environment in the Territories;
(b)    conduct research studies, conferences and training programs pertaining to contaminants and to the
preservation, protection or enhancement of the environment;
(c)    develop, co-ordinate and administer policies, criteria, guidelines and codes of practice about the

preservation, protection or enhancement of the environment;
(d)    collect, publish and distribute data pertaining to contaminants and to the preservation, security or

improvement of the environment:

3.     (1) The Minister shall appoint a Chief Environmental Protection Officer who will administer and enforce this Act and

regulations.

(2)    The Chief Environmental Protection Officer may appoint inspectors and will specify in the consultation the powers

that might be exercised and the duties that could be performed by the contractor under this Act and regulations. (1) Subject to subsection (3), no person shall release or allow the discharge of a contaminant into the

environment.

(3)    Subsection (1) does not apply where the person who discharged the contaminant or permitted the release of this

contaminant determines that
(a)    the discharge is authorized by this Act or the regulations or by an order issued under this Act or regulations;
(b)    that the contaminant has been used solely for domestic purposes and has been discharged from inside a dwelling house;
(c)    that the contaminant was discharged by the exhaust system of a car;

(d)    the release of the contaminant resulted from the burning of foliage, leaves, timber, plants or stubble for nationally or

agricultural purposes;
(e)    the release of the contaminant resulted from burning for land clearing or land grading;
(f)    the release of the contaminant resulted by a fire set by a public official for habitat management of silviculture

purposes;
(g)    that the contaminant was discharged for the purposes of combating a forest fire;
(h)    that the contaminant is a soil particle or grit discharged in the course of agriculture or horticulture; or
(I)    that the contaminant is a pesticide classified and classified as “domestic” under the Pest Control Products Regulations

(Canada).

(4)    The exceptions set out in subsection (3) don’t apply where someone discharges a contaminant that the inspector has

reasonable grounds to believe isn’t usually associated with a discharge from the excepted activity. Where a discharge of a contaminant into the environment in contravention of this Act or the  regulations or the

provisions of a permit or license issued under this Act or the regulations occurs or a reasonable likelihood of such a

discharge exists, each person causing or contributing to the discharge or raising the likelihood of such a discharge, also

the owner or the person in charge, management or control of the contaminant prior to its release or likely discharge, will

instantly:
(a)    subject to any regulations, report that the release or likely discharge into the person or office designated by the

regulations;
(b)    take all reasonable measures consistent with public safety to stop the discharge, repair any damage
caused by the discharge and prevent or remove any threat to life, health, property or the environment that results or may

be reasonably expected to result from the discharge or likely discharge; and
(c)    make a reasonable effort to notify every member of the public who might be adversely affected by the discharge or

likely release.

6.     (1)  Where an inspector believes on reasonable grounds that a discharge of a contaminant in contravention of this Act

or regulations or a provision of a permit or license issued under this Act or regulations has occurred or will be

happening, the contractor may issue an order requiring any person causing or contributing to the discharge or the owner or the

person in charge, management or control of the contaminant to stop the discharge by the date named in this order. (1)  Notwithstanding section 6, where someone discharges or permits the release of a contaminant into the

environment, an inspector may order that person to repair or remedy any injury or harm to the environment that leads to

the release.

(2) Where someone fails or fails to repair or remedy any injury or harm to the environment in accordance with an order

made under subsection (1) or where immediate remedial steps are expected to protect the environment, the Chief

Environmental Protection Officer may cause to be completed the steps he or she considers necessary to repair or

remedy an accident or harm to the environment that results from any discharge.

APPENDIX 2 — MODIFIED BURN BARREL DESIGN AND SPECIFICATIONS

A modified burn barrel is usually constructed by a 45 gallon metallic fuel or oil drum. The modifications result in greater

heat creation and retention, better mixing of the waste with incoming air and more holding period within the barrel.

Collectively, these alterations result in more complete combustion of the waste than does start burning on the ground or

in a pit.

Together, these modifications result in more complete combustion of the solid waste than does open burning on the ground or

in a pit.

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