Opacity
 46. (1) No person shall cause or permit an emission into the air that, during a period of six consecutive minutes, obstructs the passage of light at any point by an average of more than 20 per cent.  O. Reg. 507/09, s. 32 (1). (2) Subsection (1) does not apply to an emission from a source of combustion that uses fuel with high ash content, if, (a) during the six-minute period referred to in subsection (1), the passage of light was not obstructed by an average of 40 per cent or more at any point; (b) the six-minute period referred to in subsection (1) was part of a period of 30 consecutive minutes in which there were four periods of six consecutive minutes during which the person complied with subsection (1); and (c) the four periods referred to in clause (b) did not overlap with each other and did not overlap with the six-minute period referred to in subsection (1).  O. Reg. 507/09, s. 32 (1). (3) If an environmental compliance approval prohibits a person from causing or permitting an emission into the air that obstructs the passage of light at any point by a percentage that is less than 20 per cent, that prohibition applies instead of subsection (1).  O. Reg. 507/09, s. 32 (1); O. Reg. 264/11, s. 6 (1). (4) Subsection (1) does not apply to a person if, (a) at the time of the emission, the person was using a device or equipment for the purpose of minimizing the opacity of emissions; (b) the use of the device or equipment is required or authorized by an environmental compliance approval; and (c) the Director is satisfied that the device or equipment effectively minimizes the opacity of emissions.  O. Reg. 507/09, s. 32 (1); O. Reg. 264/11, s. 6 (2). (5) The Director may, on the request of a person, give the person a written notice requiring the person to use a device or equipment specified in the notice for the purpose of minimizing the opacity of emissions if, (a) the person has provided the Director with such information about the use of the device or equipment as the Director may require; and (b) the Director is satisfied that use of the device or equipment in accordance with the notice will be at least as effective as subsection (1) in minimizing the opacity of emissions.  O. Reg. 507/09, s. 32 (1). (6) A notice given under subsection (5) may require the person to whom it is given to comply with conditions specified in the notice by the Director.  O. Reg. 507/09, s. 32 (1). (7) Before the Director gives a person a notice under subsection (5) that requires compliance with conditions specified under subsection (6), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.  O. Reg. 507/09, s. 32 (1). (8) Subsection (1) does not apply to a person who complies with a notice given under subsection (5).  O. Reg. 507/09, s. 32 (1). (9) A person who contravenes subsection (1) shall notify a provincial officer in writing as soon as practicable after the contravention occurs of the contravention and of the source of the emission.  O. Reg. 507/09, s. 32 (1). (10) If a person contravenes subsection (1) more than once in a 24-hour period, the person may, instead of complying with subsection (9), notify a provincial officer in writing as soon as practicable after the end of the 24-hour period of the number of contraventions that occurred during the period and of the source of the emission.  O. Reg. 507/09, s. 32 (1). (11) If a person contravenes subsection (1), the Director may give the person written notice requiring the person to give notice to a provincial officer in writing and in accordance with the notice, at such regular intervals as may be specified by the Director and for such period of time as may be specified by the Director, of such information as may be specified by the Director.  O. Reg. 507/09, s. 32 (1). (12) Before the Director gives a person a notice under subsection (11), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 15 days after the draft is given.  O. Reg. 507/09, s. 32 (1). (13) Subsections (9) and (10) do not apply to a person who is required to give notice at regular intervals pursuant to a notice given by the Director under subsection (11).  O. Reg. 507/09, s. 32 (1). (14) Subsections (9) and (10) do not apply to the following contraventions of subsection (1), if the person who contravenes subsection (1) has implemented a plan to minimize the opacity of emissions during those contraventions: 1. A contravention that occurs when the operation of a source of emission is increased from an inoperative state to normal operating conditions. 2. A contravention that occurs when the operation of a source of emission is decreased from normal operating conditions to an inoperative state. 3. A contravention that occurs when the source of emission undergoes routine maintenance.  O. Reg. 507/09, s. 32 (1). (15) A person who has a plan referred to in subsection (14) shall keep the most recent copy of the plan at the facility and, on the request of the Director or a provincial officer, shall immediately provide the Director or provincial officer with a copy of the plan.  O. Reg. 507/09, s. 32 (1). (16) The Director may give a person who has a plan referred to in subsection (14) a written notice requiring the person to revise the plan in accordance with the notice if the Director is of the opinion that the plan does not effectively minimize the opacity of emissions during contraventions referred to in that subsection.  O. Reg. 507/09, s. 32 (1). (17) Before the Director gives a person a notice under subsection (16), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.  O. Reg. 507/09, s. 32 (1).