Disposal at sea permit application guide: after permit is issued, chapter 4

This section of the guide provides an overview of the ongoing requirements after a disposal at sea permit has been issued.

4.1 Notification

The permit specifies requirements for notification of the Environment and Climate Change Canada (ECCC) and other regulators or stakeholders prior to the commencement of operations.

4.2 Payment of outstanding permit fees

The remaining 50% of permit fees for dredged and excavated material are due at the halfway point of the permit term. Failure to pay fees will lead to a permit becoming invalid.

4.3 Reporting

You are required to submit reports to the Disposal at Sea Program regional office specified in your permit.

Reporting of disposed volumes or tonnage is an important part of the responsibilities outlined in a permit.The amount of material reported at the end of operations is used to calculate and process requests for refund of permit fees (only applicable to dredged and excavated material).

The final report shall contain the loading site, disposal site, date and times of disposal, and the quantity of material. If applicable, coordinates of each disposal event must also be provided. For certain permit types, your Disposal at Sea Program regional office may provide a template for reporting purposes.

4.4 Revisions to a permit and incurrence of additional permit fees

Permits may be revised during their specified term to vary certain conditions, if necessary. A permit cannot be revised if it has expired or the start date has passed, and it cannot be transferred between 2 different legal persons or companies.

Your request to vary permit conditions must be made in writing to your nearest Disposal at Sea Program regional office. There is no prescribed application fee for revisions; however, if the requested revisions increase the quantity of dredged or excavated material to be disposed, a permit feeFootnote 1  must be paid for the additional volume at a rate of $480.34 per 1000 cubic metres.

All revisions to existing permits are subject to review and, depending on the nature of these changes, may require further information, and public and Indigenous consultations. If by varying the permit conditions, the nature of the permit significantly changes this may result in a new permit being required.

There is no requirement for posting another notice of application to vary permit conditions. You must submit any request for a revision with sufficient time to allow for review, publication in the CEPA Registry and the completion of a 7-day public comment period following publication.

Varying permit conditions typically apply to:

  • increasing the quantity of substance to be disposed
  • changing the term (up to a maximum validity of 1 year from start to finish), or
  • adding or removing special conditions

A separate new permit and assessment process may be required where a revision request seeks to:

  • add a load site or disposal site for an entirely separate project from that of the original permit
  • add a load site or disposal site that is geographically distant from the sites specified in the original permit
  • add a load site or disposal site that raises significant concerns (for example, high contaminants in the vicinity, potential user conflicts)
  • use alternate methods of loading or disposal that were not assessed in your permit review, or
  • a change in the nature of the waste or other matter

4.5 Permit fee refunds

Within 30 days of the expiry of the permit or completion of the operations under a dredged material or excavated material permit, you can apply for a refund of permit fees paid for every unused 1000 cubic metres. You must submit the request to your Disposal at Sea Program regional office, with the final disposal report showing the total amounts disposed of under the permit. Program staff will examine the report and confirm the amount to be refunded within 15 business days of receiving a complete request. Refunds will be issued by ECCC headquarters located in Gatineau, Quebec.

To qualify for a refund, you must have paid all fees in full, complied with all reporting requirements, and completed the work as described under the permit(s).

4.6 Compliance and enforcement

After a permit is issued, periodic inspections will be conducted during loading and disposal operations to ensure compliance with the permit conditions. Disposal, or loading for the purposes of disposal, other than in accordance with a permit is in contravention of CEPA. In cases of non-compliance, ECCC enforcement officers will investigate. If a violation is confirmed, action will be taken using 1 or more of the enforcement tools available under CEPA such as:

  • warnings
  • directions
  • tickets
  • orders of various types, including environmental compliance orders
  • injuction
  • prosecution

ECCC may suspend, revoke or vary the conditions of a permit at any time while a permit is in force, if changing environmental variables and concerns warrant this action.

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4.7 Permit renewal

If your permit has been deemed eligible for renewal you must apply for a permit renewal at least 90 days prior to the expiry of your permit.

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