Reductions for prevention or mitigation
 16. (1) A regulated person who made a request under paragraph 4 of subsection 6 (1) in respect of a contravention specified in item 1, 3.1 to 4.1 or 9.4 of Table 2 or item 1, 3 or 4 of Table 3 is entitled to a reduction to the gravity component in an amount determined by the Director that does not exceed 20 per cent of the gravity component if, before the contravention occurred, the regulated person took one or more of the following steps to prevent it: 1.  Analysed in writing the likelihood of the contravention to occur and the potential impacts if it occurred. 2.  Developed strategies to prevent the contravention based on the analysis referred to in paragraph 1, and documented the implementation of the strategies. 3.  If the contravention occurred at a plant, established monitoring and maintenance programs for structures, equipment and mechanisms at the plant for the purpose of preventing the contravention. 3.1  If the contravention occurred at a landfilling site, established monitoring and maintenance programs for facilities, equipment and operations at the site for the purpose of preventing the contravention. 4.  Constructed or installed containment structures for the purpose of preventing the contravention. 5.  Installed and maintained an alarm system or other notification system to alert operators of the plant or landfilling site when the contravention is imminent, and documented procedures for operating the system. 6.  If the contravention occurred at a plant, altered or redesigned industrial processes used at the plant for the purpose of preventing the contravention, or installed equipment for the purpose. 6.1  If the contravention occurred at a landfilling site, altered or redesigned operations used at the site for the purpose of preventing the contravention, or installed equipment for the purpose. 7.  If the contravention occurred at a plant, trained personnel in the construction, installation, maintenance or operation of any relevant structures, equipment or mechanisms, and in the implementation of any other measures relating to preventing the contravention. 8.  If the contravention occurred at a landfilling site, trained personnel in the construction, installation, maintenance or operation of any relevant facilities or equipment and in the implementation of any other measures relating to preventing the contravention.  O. Reg. 222/07, s. 16 (1); O. Reg. 254/11, s. 6 (1); O. Reg. 466/21, s. 5 (1); O. Reg. 91/22, s. 3 (1); O. Reg. 338/23, s. 12 (1-4). (2) A regulated person who made a request under paragraph 4 of subsection 6 (1) in respect of a contravention specified in item 1, 3.1 to 4.1 or 9.4 of Table 2 or item 1, 3 or 4 of Table 3 is entitled to a reduction to the gravity component in an amount determined by the Director that does not exceed 10 per cent of the gravity component, if the regulated person took one or more of the following steps to mitigate the effects of the contravention: 1.  Before the contravention occurred, the regulated person, i.  installed and maintained an alarm system or other notification system to alert operators of the plant or landfilling site when the contravention occurs, ii.  developed and implemented written procedures to ensure that, in the event the contravention occurred, appropriate personnel, equipment and material would be available at the plant or landfilling site to respond to the contravention, iii.  if the contravention is specified in item 3.1 to 4.1 of Table 2 or item 3 or 4 of Table 3, developed and implemented written procedures specifying steps to be taken to identify the contravention and to ensure an appropriate response is taken if the contravention occurs, iv.  developed written procedures specifying steps to be taken by personnel when responding to the contravention, or v.  trained personnel in the construction, installation, maintenance or operation of any relevant structures, equipment or mechanisms, and in the implementation of any other measures relating to mitigating the effects of the contravention. 2.  After the contravention occurred, the regulated person, i.  promptly deployed appropriate personnel, equipment and material at the plant or landfilling site to respond to the contravention in such a manner as to prevent, eliminate or ameliorate any adverse effects of the contravention to the extent possible, ii.  established on-site and off-site monitoring and sampling to minimize risk to the environment and human health, iii.  conducted an analysis to determine the cause of the contravention, or iv.  if the contravention is specified in item 3.1 to 4.1 of Table 2 or item 3 or 4 of Table 3, revised the steps described in subsection (1) to better prevent the contravention from occurring again. O. Reg. 222/07, s. 16 (2); O. Reg. 254/11, s. 6 (2-4); O. Reg. 466/21, s. 5 (2); O. Reg. 91/22, s. 3 (2); O. Reg. 338/23, s. 12 (5-7). (3) A regulated person who made a request under paragraph 4 of subsection 6 (1) in respect of a contravention specified in item 2 of Table 2 or item 2 of Table 3 is entitled to a reduction to the gravity component in an amount determined by the Director that does not exceed 30 per cent of the gravity component if the regulated person took one or more of the following steps to prevent the contravention or to mitigate its effects: 1.  Before the contravention occurred, the regulated person, i.  installed and maintained an alarm system or other notification system to alert operators of the plant or landfilling site when the contravention occurs, ii.  developed and implemented procedures to ensure that, in the event of a contravention, appropriate personnel, equipment and material would be available at the plant or landfilling site to respond to the contravention, iii.  developed and implemented written procedures specifying steps to be taken by personnel when responding to the contravention, or iv.  trained personnel in the construction, installation, maintenance or operation of any relevant structures, equipment or mechanisms, and in the implementation of any other measures relating to mitigating the effects of the contravention. 2.  After the contravention occurred, the regulated person, i.  promptly deployed appropriate personnel, equipment and material at the plant or landfilling site to respond to the contravention in such a manner as to prevent, eliminate or ameliorate any adverse effects of the contravention to the extent possible, or ii.  established on-site and off-site monitoring and sampling to minimize risk to the environment and human health. O. Reg. 222/07, s. 16 (3); O. Reg. 338/23, s. 12 (8). (4) A regulated person who made a request under paragraph 4 of subsection 6 (1) in respect of a contravention specified in items 5 to 9.3 or 9.5 to 13 of Table 2 or items 5 to 10 of Table 3 is entitled to a reduction to the gravity component in an amount determined by the Director that does not exceed 30 per cent of the gravity component, if the regulated person took one or more steps to prevent the contravention or to mitigate its effects. O. Reg. 222/07, s. 16 (4); O. Reg. 91/22, s. 3 (3); O. Reg. 338/23, s. 12 (9). (5) When the Director makes a determination under subsection (1), (2), (3) or (4) as to the amount of the reduction to grant, he or she may consider, in addition to the steps set out in those subsections, any other steps that the regulated person took to prevent or reduce the risk of a contravention occurring or to mitigate its effects. O. Reg. 222/07, s. 16 (5).