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Declaration of preparation:
Declaration that a plan has been prepared and is being implemented
Part 4 of CEPA 1999 requires persons subject to a Gazette Notice to submit two declarations, the first of which stating that a P2 plan has been prepared and is being implemented. This declaration must be submitted within the timeline specified in the Notice and in the form and manner and contain the information specified by the Minister. Although the precise content of the declaration may vary for each Gazette Notice, such declarations generally include the following:
- basic facility information
- environmental baseline information (current releases)
- anticipated results, timelines, and methods
- indicators, monitoring, and reporting to be used
- extent to which the P2 plan addresses the factors to consider
- extent to which the P2 plan should achieve the risk management objective proposed in the Notice
- senior management sign-off
Where a person has filed such a declaration which contains information that, at any time after the filing, has become false or misleading, that person must file an amended declaration to the Minister within 30 days after that time.
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Declaration of implementation:
Declaration that a plan has been implemented
Part 4 of CEPA 1999 requires persons subject to a Gazette Notice to submit two declarations forms, the second of which stating that a P2 plan has been implemented. This declaration must be filed within the timeline specified in the Notice and in the form and manner and contain the information specified by the Minister. Although the precise content of the declaration may vary for each Gazette Notice, such declarations will generally include the following:
- basic facility information
- environmental baseline information (current releases)
- results achieved and methods used
- monitoring and reporting done
- comments on differences between results predicted in first declaration and those reported in this declaration (where applicable)
- senior management sign-off
Where a person has filed such a declaration which contains information that, at any time after the filing, has become false or misleading, that person shall file an amended declaration to the Minister within 30 days after that time.
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Interim Progress Reports
Interim Progress Reports may be required for example when there is substantial time between submissions of the two declarations (Declaration of preparation and Declaration of implementation). This report must be filed within the timeline specified in the Gazette Notice requiring the preparation and implementation of P2 plans, and in the form and manner and contain the information specified by the Minister. Although the precise content of the report may vary for each Gazette Notice, such reports will generally include the following:
- basic facility information
- environmental baseline information (current releases)
- results attained to date
- indicators, monitoring, and reporting used
- comments on differences between results predicted in first declaration and those reported in this report (where applicable)
- senior management sign-off
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Time Extensions
Persons subject to a Gazette Notice requiring the preparation and implementation of P2 plans may apply for a time extension to submit the necessary declarations or reports. Such requests must be made before the time to prepare or implement a plan has expired, using the form and containing the information specified by the Minister.
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Waivers for "factors to consider"
Each Gazette Notice requiring the preparation and implementation of P2 plans specifies the factors that should be considered when preparing the P2 plan for a given substance(s). These could include a risk management objective, environmental and human health risks, currently available technologies or pollution prevention practices, and existing or proposed regulations relevant to the CEPA 1999 toxic substance, as well as other factors.
Where a person subject to a Gazette Notice feels that it is not reasonable or practicable to consider one of the factors listed, they may apply to have that factor waived. Such applications must be made using the form and containing the information specified by the Minister.
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