Approval of request to set site-specific standard
 35. (1) The Director may approve a request under section 32 and set a site-specific standard for the contaminant that is the subject of the request if, (a) the person making the request has complied with sections 32 to 34.1; and (b) the Director is of the opinion that, (i) the person making the request cannot comply with section 20 with respect to the standard set out in Schedule 3 for the contaminant for the averaging period specified under paragraph 0.1 of subsection 33 (1) because, (A) it is not technically feasible for the person to comply, in the case of a person who is relying on any paragraph of subsection 32 (1), or (B) it is not economically feasible for the person to comply, in the case of a person who is relying on a paragraph of subsection 32 (1) other than paragraph 4, (ii) the difference between the standard set out in Schedule 3 for the contaminant for the averaging period specified in paragraph 0.1 of subsection 33 (1) and the site-specific standard set by the Director for the contaminant is the minimum difference necessary to enable the person to comply with section 20 with respect to the contaminant, and (iii) there is no public interest reason sufficient to require the denial of the request.  O. Reg. 507/09, s. 32 (1); O. Reg. 282/11, ss. 10 (1-4). (2) Despite subsection (1), the Director shall not approve a request under section 32 to set a site-specific standard for a contaminant if the contaminant is listed in Schedule 6 and the Director is of the opinion that the site-specific standard is likely to permit discharges of the contaminant that too frequently result in the concentration of the contaminant at a point of impingement located on a place referred to in subsection 30 (8) exceeding the other time period upper risk threshold set out for the contaminant in Schedule 6.  O. Reg. 507/09, s. 32 (1); O. Reg. 282/11, s. 10 (5). (3) The Director shall not approve or refuse to approve a request under section 32 unless the Director first gives the person making the request a draft of the approval or refusal 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). (3.1) If the Director approves a request under section 32 and sets a site-specific standard, the approval shall specify that the standard applies only to the averaging period specified under paragraph 0.1 of subsection 33 (1).  O. Reg. 282/11, s. 10 (6). (4) Subject to subsection (4.1), if a site-specific standard for a contaminant is set by the Director under subsection (1), references in this Regulation to a standard set out in Schedule 3 for the contaminant shall be deemed, for the averaging period specified by the Director, to be references to the site-specific standard.  O. Reg. 282/11, s. 10 (7). (4.1) Subsection (4) does not apply to the following references: 1. References to a standard set out in an amendment to Schedule 3. 2. References in this section, sections 32 to 34.1 and sections 36 to 37.1 to a standard set out in Schedule 3.  O. Reg. 282/11, s. 10 (7). (5) Subsection (4) applies only to the facility to which the request related.  O. Reg. 507/09, s. 32 (1); O. Reg. 282/11, s. 10 (8). (6) The Director may impose conditions in an approval under subsection (1).  O. Reg. 507/09, s. 32 (1). (7) If conditions are imposed under subsection (6), (a) subsection (4) applies only if the conditions are complied with; and (b) the person who made the request under section 32 shall notify the Director when the conditions have been complied with.  O. Reg. 507/09, s. 32 (1). (8) Subsection (7) applies, with necessary modifications, to conditions that are imposed in an environmental compliance approval to ensure compliance with section 20 with respect to a contaminant for which a site-specific standard has been set by the Director under this section.  O. Reg. 507/09, s. 32 (1); O. Reg. 282/11, s. 10 (9); O. Reg. 264/11, s. 4. (9) Subsection (4) applies only to a period specified by the Director in the approval that ends at least five years and not more than 10 years after the period begins.  O. Reg. 282/11, s. 10 (10). (9.1) If an amendment to Schedule 3 that has not yet come into force sets out a standard for a contaminant, and a site-specific standard set by the Director applies to the same contaminant and the same averaging period, the period specified by the Director under subsection (9) shall not begin earlier than the date the amendment comes into force unless specifically requested by the person making the request.  O. Reg. 282/11, s. 10 (10). (10) Subsection (9) does not prevent the making of further requests under section 32 in respect of the contaminant but, in considering a further request, the Director may consider the number of previous requests that have been made for the source of contaminant that is the subject of the request.  O. Reg. 507/09, s. 32 (1). (11) If a site-specific standard for a contaminant is set by the Director under this section and a further request is made under section 32 in respect of the contaminant, subsections 32 (6) to (11) do not apply.  O. Reg. 507/09, s. 32 (1, 6); O. Reg. 282/11, s. 10 (11). (12) The Director shall consider the following matters when he or she decides whether to impose conditions under subsection (6), what those conditions should be, and what period to specify under subsection (9): 1. The nature of the contaminant. 2. The frequency with which the inability to comply with section 20 referred to in subclause (1) (b) (i) would occur. 3. Whether there are any acute effects associated with the contaminant.  O. Reg. 507/09, s. 32 (1). (13) If the Director approves a request under subsection (1), the person who made the request shall, without charge, (a) give a copy of the approval to any person within 15 days after the person requests it; and (b) make available for inspection by any person at the facility during regular business hours, during the period specified by the Director under subsection (9), (i) a written explanation, written in language that can be understood by persons without specialized scientific training, of the request, including the materials that were included under subsections 33 (1), (2) and (4), and (ii) a complete written copy of the request, including the materials that were included under subsections 33 (1), (2) and (4).  O. Reg. 282/11, s. 10 (12). (14) If the Director sets a site-specific standard, he or she may make an order requiring a person to whom the site-specific standard applies to take steps specified by the order, not later than the dates specified in the order, that are related to complying with section 20, having regard to subsection (4).  O. Reg. 282/11, s. 10 (13). (15) An order made under subsection (14) does not apply if the person against whom the order was made complies with section 20, having regard to subsection (4).  O. Reg. 507/09, s. 32 (1); O. Reg. 282/11, s. 10 (14). (16) If the Director makes an order under subsection (14), the person against whom the order was made shall give a copy of the order to any person who requests it.  O. Reg. 507/09, s. 32 (1).