O. Reg. 347
O. Reg. 347
CONTENTS
Sections
DEFINITIONS 1
DESIGNATION AND EXEMPTION OF WASTES 2-3
WASTE DISPOSAL SITES AND WASTE MANAGEMENT SYSTEMS 4-10
STANDARDS FOR WASTE DISPOSAL SITES 11-16.1
MANAGEMENT OF ASBESTOS WASTE 17
WASTE GENERATION FACILITIES 17.1-17.2
GENERATOR REGISTRATION 18
MANIFESTS — GENERATOR REQUIREMENTS 19
MANIFESTS — CARRIER REQUIREMENTS 20-22
MANIFESTS — TRANSPORT WITHIN ONTARIO 23
MANIFESTS — TRANSPORT OUT OF ONTARIO 24
MANIFESTS — TRANSPORT INTO ONTARIO 25
MANIFESTS — TRANSPORT THROUGH ONTARIO 26
REFUSALS 27
ON-SITE THERMAL TREATMENT EQUIPMENT 28
WOODWASTE COMBUSTOR SITES 28.1-28.2
WASTE-DERIVED FUEL SITES 28.3-28.6
EXISTING HOSPITAL INCINERATORS 29
FIELD OPERATIONS 29.1-29.5
STATIONARY REFRIGERANT WASTE 30-35
MOBILE REFRIGERANT WASTE 36-42
SELECTED WASTE DEPOTS 42.1-42.17-60
PESTICIDE CONTAINER DEPOTS 61-73
LAND DISPOSAL OF HAZARDOUS WASTE 74-85
Schedule 1 Hazardous industrial waste
Schedule 1.1 Exempt hazardous industrial wastes
Schedule 2 Part a — acute hazardous waste chemical
Schedule 2 Part b — hazardous waste chemical
Schedule 2.1 Exempt acute hazardous waste chemicals
Schedule 2.2 Exempt hazardous waste chemicals
Schedule 3 Severely toxic contaminants
Schedule 4 Leachate quality criteria
Schedule 5 Land disposal treatment requirements for characteristic wastes
Schedule 6 Universal treatment standards (uts) for characteristic wastes
Schedule 7 Treatment methods and standards
Schedule 8 Alternative treatment for hazardous debris
Schedule 9 Test method for the determination of “liquid waste” (slump test)*
Schedule 10
Schedule 11
Schedule 12
Schedule 13
DEFINITIONS
1. (1) In this Regulation,
“access road” means a road that leads from a public road to a waste disposal
site;
“acute hazardous waste chemical” means,
(a) a commercial waste chemical listed as an acute hazardous waste
chemical in Part A of Schedule 2, other than a waste described in
Schedule 2.1,
(b) a mixture of a waste referred to in clause (a) and any other waste or
material, or
(c) a waste derived from a waste referred to in clause (a), unless,
(i) the waste that is derived from the waste referred to in clause (a) is
listed in Schedule 2.1, or
(ii) the waste that is derived from the waste referred to in clause (a) is
produced in accordance with a certificate of approval that states
that, in the opinion of the Section 39 Director, the waste that is
produced in accordance with the certificate of approval does not
have characteristics similar to the characteristics of the acute
hazardous waste chemical from which it was derived;
“agricultural waste” means waste generated by a farm operation activity, but
does not include,
(a) domestic waste that is human body waste, toilet or other bathroom
waste, waste from other showers or tubs, liquid or water borne culinary
waste,
(b) waste from a sewage works to which section 53 of the Ontario Water
Resources Act applies,
(c) a dead farm animal within the meaning of Ontario Regulation 106/09
(Disposal of Dead Farm Animals) made under the Nutrient
Management Act, 2002 or a regulated dead animal within the meaning
of Ontario Regulation 105/09 (Disposal of Deadstock) made under the
Food Safety and Quality Act, 2001,
(d) inedible material within the meaning of Ontario Regulation 31/05
(Meat) made under the Food Safety and Quality Act, 2001, or
(e) any material that is condemned or derived from a carcass at a registered
establishment within the meaning of the Meat Inspection Act (Canada);
“anaerobic digestion” means the decomposition of organic matter by bacteria in
an oxygen-limiting environment;
“anaerobic digestion materials” means materials that are intended for treatment
in a mixed anaerobic digestion facility, whether the materials are generated
at the agricultural operation or received at the agricultural operation from an
outside source;
“anaerobic digestion output” means any solid or liquid material that results from
the treatment of anaerobic digestion materials in a mixed anaerobic
digestion facility;
“aqueous waste” means waste that is aqueous and contains less than 1 per cent
total organic carbon by weight and less than 1 per cent total suspended
solids by weight;
“asbestos waste” means solid or liquid waste that results from the removal of
asbestos-containing construction or insulation materials or the manufacture
of asbestos-containing products and contains asbestos in more than a trivial
amount or proportion;
“biodiesel” means a fuel or fuel component that is comprised of mono-alkyl
esters of long-chain fatty acids that are derived from plant oils or animal
fats, if the fuel or fuel component,
(a) conforms to the detailed requirements shown in Table 1 of ASTM
International Standard D6751, entitled “Standard Specification for
Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”, as
amended from time to time, when tested by the test methods indicated
in that Standard, or
(b) is in accordance with the limits specified in Table 1 of European
Standard EN 14214, entitled “Automotive Fuels – Fatty acid methyl
esters (FAME) for diesel engines – Requirements and test methods”, as
amended from time to time, when tested by the test methods indicated
in that Standard;
“carrier” means the operator of a waste transportation system;
“cell”, in respect of a landfilling site, means a deposit of waste that has been
sealed by cover material so that no waste deposited in the cell is exposed to
the atmosphere;
“characteristic waste” means hazardous waste that is,
(a) corrosive waste,
(b) ignitable waste,
(c) leachate toxic waste, or
(d) reactive waste;
“commercial waste” includes asbestos waste;
“commercial waste chemical” means a waste that is or contains a commercial
chemical product or manufacturing chemical intermediate of a specified
generic name and includes,
(a) an off-specification commercial chemical product or manufacturing
chemical intermediate which, if it met specifications, would have the
specified generic name,
(b) residues or contaminated material from the clean-up of a spill of a
commercial chemical product or manufacturing chemical intermediate
of the specified generic name or of an off-specification commercial
chemical product or manufacturing chemical intermediate which, if it
met specifications, would have the specified generic name, or
(c) an empty container or the liner from an empty container that contained a
commercial chemical product or manufacturing chemical intermediate
of the specified generic name, or an off-specification commercial
chemical product or manufacturing chemical intermediate which, if it
met specifications, would have the specified generic name, or residues
or contaminated materials from the clean-up of a spill of any of them,
unless the empty container or the liner from the empty container has
been triple rinsed,
but, except as specified in clause (a), (b) or (c), does not include a waste
stream or waste material contaminated with material of the specified generic
name;
“common mercury waste” means,
(a) electrical switches, thermostats or fluorescent lamps that contain
mercury and that are damaged, worn out or discarded,
(b) thermometers, barometers or other measuring devices that contain
mercury and that are damaged, worn out or discarded,
(c) discarded material that contains mercury from dental procedures carried
out by a member of the Royal College of Dental Surgeons of Ontario;
“common mercury waste recovery facility” means a site at which common
mercury waste is received for recovery of mercury and at which no disposal
of common mercury waste or of mercury takes place;
“composting” means the treatment of waste by aerobic decomposition of
organic matter by bacterial action for the production of stabilized humus;
“composting material” has the same meaning as in Ontario Regulation 105/09
(Disposal of Deadstock) made under the Food Safety and Quality Act, 2001;
“corrosive waste” means,
(a) a waste that is aqueous and has a pH less than or equal to two or greater
than or equal to 12.5 as determined by a pH meter,
(b) a waste that is a liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35 millimetres per year at a test temperature of 55° Celsius using
test NACE TM-01-69 or an equivalent test approved by the Director, or
(c) a waste that is a solid and, when prepared in a mixture or solution with
distilled water that is 50 per cent waste by weight, has a pH less than or
equal to two or greater than or equal to 12.5 as determined by a pH
meter, other than,
(i) solid incinerator ash or fly-ash from a woodwaste combustor site,
or
(ii) solid wastes generated by a manufacturer of pulp, paper, recycled
paper, corrugated cardboard or other paper products;
“cover material” means soil or other material approved for use in sealing cells in
landfilling;
“cured compost” has the same meaning as in Ontario Regulation 105/09
(Disposal of Deadstock) made under the Food Safety and Quality Act, 2001;
“derelict motor vehicle” means a motor vehicle that,
(a) is inoperable, and
(b) has no market value as a means of transportation, or, has a market value
as a means of transportation that is less than the cost of repairs required
to put it into operable condition;
“Director” means the Director of the Waste Management Policy Branch of the
Ministry and includes an alternate named by him or her;
“disposal facility” has the same meaning as in Ontario Regulation 105/09
(Disposal of Deadstock) made under the Food Safety and Quality Act, 2001;
“domestic waste” includes asbestos waste;
“dump” means a waste disposal site where waste is deposited without cover
material being applied at regular intervals;
“dust suppressant” means a waste used for dust suppression in accordance with
a certificate of approval or provisional certificate of approval for a dust
suppression waste management system;
“dust suppression site” means a waste disposal site where dust suppressant is
deposited;
“electroplating” includes common and precious metal electroplating, anodizing,
chemical etching and milling, and includes cleaning and stripping associated
with common and precious metal electroplating, anodizing, chemical
etching and milling, but does not include chromating, phosphating,
immersion plating, colouring or other chemical conversion coating,
electroless plating or printed circuit board manufacturing;
“empty container” means a container from which all wastes and other materials
have been removed using the removal practices such as pumping or pouring
commonly used for the specific materials and that contains less than 2.5
centimetres of material on the bottom of the container;
“engineered facility” means, in respect of a landfilling site, anything affixed to
or made part of land that is intended to be a functional element or feature of
the landfilling site for more than five years and that is created or put in place
by human activity;
“existing hospital incinerator” means an incinerator put into operation before
the 31st day of December, 1985 owned by a hospital within the meaning of
the Public Hospitals Act at which pathological waste but no hauled liquid
industrial waste or other hazardous waste is incinerated;
“farm operation” means an agricultural, aquacultural or horticultural operation,
other than a race track or a zoo, that is engaged in any or all of the
following:
1. Growing, producing or raising farm animals.
2. The production of agricultural crops, including greenhouse crops, maple
syrup, mushrooms, nursery stock, tobacco, trees and turf grass.
3. The processing, by the operator of the farm operation, of anything
mentioned in paragraphs 1 and 2, where the processing is primarily in
relation to products produced from the agricultural, aquacultural or
horticultural operation.
4. The use of transport vehicles by the operator of the farm operation, to
transport anything mentioned in paragraphs 1 and 2, where the use of
transport vehicles is primarily in relation to products produced from the
agricultural, aquacultural or horticultural operation;
“farm operation activity” means an activity mentioned in paragraphs 1 to 4 of
the definition of “farm operation”;
“field operations” means operations that,
(a) take place at a location that is not,
(i) the primary place of business of the person who undertakes the
operations,
(ii) a warehouse, factory or production plant of the person who
undertakes the operations, or
(iii) a local waste transfer facility,
(b) involve mobile health care, take place at a location that is owned or
controlled by the person who undertakes the operations or take place in
accordance with the written agreement of the person who owns or
controls the location where the operations take place,
(c) are not primarily waste management operations, and
(d) primarily involve,
(i) construction, demolition or renovation,
(ii) mining,
(iii) servicing, maintaining or monitoring,
(iv) the operation of a utility, including communication networks,
electric power lines or pipelines,
(v) the operation of highways, including a facility dedicated to the
maintenance and upkeep of a section of highway,
(vi) environmental, geophysical or agricultural field testing,
(vii) mobile health care,
(viii) the supply of medical equipment or medication directly to the
home of a human being to whom mobile health care is provided,
(ix) the operation of a specimen collection centre,
(x) the transportation in a vehicle of specimens and waste generated
by the collection of specimens from a specimen collection centre,
if,
(A) the specimens and waste result from the operation of the
specimen collection centre,
(B) the sole purpose for which the vehicle is being operated is to
transport the specimens and waste, and
(C) the specimens and waste are transported to a laboratory
associated with the operation of the specimen collection
centre,
(xi) spill clean-up or emergency response activities, if the person
engaging in those activities is,
(A) the owner of the spilled material,
(B) a person who had control of the spilled material,
(C) a municipality,
(D) a person or member of a class of persons designated for the
purposes of clause 100 (1) (c) of the Act,
(E) a person who has jurisdiction and control over a highway,
(F) a person with a certificate of approval or provisional
certificate of approval under Part V of the Act to undertake
spill clean-up or emergency response activities,
(G) the Ministry,
(H) a police force, or
(I) a fire department,
(xii) housekeeping, maintenance and collection and removal of litter,
rubbish, abandoned or discarded material and debris on or near a
highway by a person who has jurisdiction and control over the
highway,
(xiii) housekeeping, maintenance and collection and removal of
littered, abandoned or discarded needles and syringes on or near
parks, beaches or other public property by a person responsible for
the maintenance of the property, or
(xiv) activities associated with operating trade shows, exhibitions or
other temporary events;
“fly-ash” means particulate matter removed from combustion flue gases;
“food processing and preparation operations” include food packing, food
preserving, wine making, cheese making and restaurants;
“generator” means the operator of a waste generation facility;
“grinding” means the treatment of waste by uniformly reducing the waste to
particles of controlled maximum size;
“hauled liquid and hazardous waste collection system” means a waste
management system or any part thereof for the collection, handling,
transportation, storage or processing of hauled liquid industrial waste or
hazardous waste but does not include the disposal thereof;
“hauled liquid industrial waste” means liquid industrial waste transported in a
tank or other container for treatment or disposal;
“hauled sewage” means,
(a) domestic waste that is human body waste, toilet or other bathroom
waste, waste from other showers or tubs, liquid or water borne culinary
or sink waste or laundry waste, and
(b) other waste that is suitable for storage, treatment or disposal in a sewage
system regulated under Part 8 of the building code made under the
Building Code Act, 1992, if the waste is not fully disposed of at the site
where it is produced, other than,
(i) waste from a sewage works approved under section 53 of the
Ontario Water Resources Act that is conveyed away from the site
where it is produced by a sewer approved under that section, or
(ii) waste in a vehicle sewage holding tank;
“hazardous industrial waste” means,
(a) a waste listed as a hazardous industrial waste in Schedule 1, other than a
waste described in Schedule 1.1,
(b) a mixture of a waste referred to in clause (a) and any other waste or
material, or
(c) a waste derived from a waste referred to in clause (a), unless,
(i) the waste that is derived from the waste referred to in clause (a) is
listed in Schedule 1.1, or
(ii) the waste that is derived from the waste referred to in clause (a) is
produced in accordance with a certificate of approval that states
that, in the opinion of the Section 39 Director, the waste that is
produced in accordance with the certificate of approval does not
have characteristics similar to the characteristics of the hazardous
industrial waste from which it was derived;
“hazardous waste” means a waste that is a,
(a) hazardous industrial waste,
(b) acute hazardous waste chemical,
(c) hazardous waste chemical,
(d) severely toxic waste,
(e) ignitable waste,
(f) corrosive waste,
(g) reactive waste,
(h) radioactive waste, except radioisotope wastes disposed of in a
landfilling site in accordance with the written instructions of the
Canadian Nuclear Safety Commission,
(i) pathological waste,
(j) leachate toxic waste, or
(k) PCB waste,
but does not include,
(l) hauled sewage,
(m) waste from the operation of a sewage works subject to the Ontario
Water Resources Act where the works,
(i) is owned by a municipality,
(ii) is owned by the Crown or the Ontario Clean Water Agency,
subject to an agreement with a municipality under the Ontario
Water Resources Act, or
(iii) receives only waste similar in character to the domestic sewage
from a household,
(n) domestic waste,
(o) incinerator ash resulting from the incineration of waste that is neither
hazardous waste nor liquid industrial waste,
(p) waste that is a hazardous industrial waste, hazardous waste chemical,
ignitable waste, corrosive waste, leachate toxic waste or reactive waste
and that is produced in any month in an amount less than five kilograms
or otherwise accumulated in an amount less than five kilograms,
(q) waste that is an acute hazardous waste chemical and that is produced in
any month in an amount less than one kilogram or otherwise
accumulated in an amount less than one kilogram,
(r) an empty container or the liner from an empty container that contained
hazardous industrial waste, hazardous waste chemical, ignitable waste,
corrosive waste, leachate toxic waste or reactive waste,
(s) an empty container of less than twenty litres capacity or one or more
liners weighing, in total, less than ten kilograms from empty containers,
that contained acute hazardous waste chemical,
(t) the residues or contaminated materials from the clean-up of a spill of
less than five kilograms of waste that is a hazardous industrial waste,
hazardous waste chemical, ignitable waste, corrosive waste, leachate
toxic waste or reactive waste, or
(u) the residues or contaminated materials from the clean-up of a spill of
less than one kilogram of waste that is an acute hazardous waste
chemical;
“hazardous waste chemical” means,
(a) a commercial waste chemical listed as a hazardous waste chemical in
Part B of Schedule 2, other than a waste described in Schedule 2.2,
(b) a mixture of a waste referred to in clause (a) and any other waste or
material, or
(c) a waste derived from a waste referred to in clause (a), unless,
(i) the waste that is derived from the waste referred to in clause (a) is
listed in Schedule 2.2, or
(ii) the waste that is derived from the waste referred to in clause (a) is
produced in accordance with a certificate of approval that states
that, in the opinion of the Section 39 Director, the waste that is
produced in accordance with the certificate of approval does not
have characteristics similar to the characteristics of the hazardous
waste chemical from which it was derived;
“highway” has the same meaning as in the Highway Traffic Act;
“hospital incinerator” means an incinerator owned by a hospital within the
meaning of the Public Hospitals Act;
“ignitable waste” means a waste that,
(a) is a liquid, other than an aqueous solution containing less than 24 per
cent alcohol by volume and has a flash point less than 61° Celsius, as
determined by the Tag Closed Cup Tester (ASTM D-56-79), the
Setaflash Closed Cup Tester (ASTM D-3243-77 or ASTM D-3278-78),
the Pensky-Martens Closed Cup Tester (ASTM D-93-79), or as
determined by an equivalent test method approved by the Director,
(b) is a solid and is capable, under standard temperature and pressure, of
causing fire through friction, absorption of moisture or spontaneous
chemical changes and, when ignited, burns so vigorously and
persistently that it creates a danger,
(c) is a Class 2.1 Flammable Gas within the meaning of paragraph 2.14(a)
of the Transportation of Dangerous Goods regulations made under the
Transportation of Dangerous Goods Act (Canada),
(d) is a Class 5.1 Oxidizing Substance within the meaning of paragraph
2.24(a) of the Transportation of Dangerous Goods regulations made
under the Transportation of Dangerous Goods Act (Canada), or
(e) is a Class 5.2 Organic Peroxide within the meaning of paragraph 2.24(b)
of the Transportation of Dangerous Goods regulations made under the
Transportation of Dangerous Goods Act (Canada);
“incinerator ash” means the ash residue, other than fly-ash, resulting from
incineration where the waste is reduced to ashes containing by weight less
than 10 per cent of combustible materials;
“incinerator waste” means the residue from incineration, other than incinerator
ash and fly-ash;
“individual collection system” means the collection of a householder’s own
domestic wastes by a householder and the transportation of such wastes to a
waste disposal site by the householder;
“industrial waste” means waste, other than municipal waste, from,
(a) an enterprise or activity involving warehousing, storage or industrial,
manufacturing or commercial processes or operations,
(b) research or an experimental enterprise or activity,
(c) an enterprise or activity to which clause (a) would apply if the enterprise
or activity were carried on for profit,
(d) clinics that provide medical diagnosis or treatment,
(e) schools, laboratories or hospitals, or
(f) a facility or vehicle owned or operated by a municipality;
“inert fill” means earth or rock fill or waste of a similar nature that contains no
putrescible materials or soluble or decomposable chemical substances;
“intact manifest” means a paper manifest as provided by the Ministry, with all
six parts intact;
“intact waste battery” means an electric battery that is intact but is damaged,
spent, worn out or discarded;
“in-vehicle sewage” means waste produced in a vehicle that is human body
waste, toilet or other bathroom waste, waste from other showers or tubs,
liquid or water borne culinary or sink waste, laundry waste or similar waste
that would normally be carried away by a sewer if it were not produced in a
vehicle;
“laboratory” has the same meaning as in the Laboratory and Specimen
Collection Centre Licensing Act;
“land disposal” means, with respect to a waste, the deposit or disposal of the
waste upon, into, in or through land, including,
(a) the deposit of the waste at a dump,
(b) the landfilling of the waste,
(c) the discharge of the waste into a geological formation by means of a
well, and
(d) the landfarming of the waste, in the case of a petroleum refining waste,
and “land disposed” has a corresponding meaning;
“landfarming” means the biodegradation of petroleum refining wastes by
naturally occurring soil bacteria by means of controlled application of the
wastes to land followed by periodic tilling;
“landfilling” means the disposal of waste by deposit, under controlled
conditions, on land or on land covered by water, and includes compaction of
the waste into a cell and covering the waste with cover materials at regular
intervals;
“leachate toxic waste” means a waste producing leachate containing any of the
contaminants listed in Schedule 4 at a concentration equal to or in excess of
the concentration specified for that contaminant in Schedule 4 using the
Toxicity Characteristic Leaching Procedure;
“liquid industrial waste” means waste that is both liquid waste and industrial
waste but does not include,
(a) hazardous waste,
(a.1) hauled sewage,
(b) waste from the operation of a sewage works described in clause (m) of
the definition of “hazardous waste”,
(c) waste from the operation of a water works subject to the Ontario Water
Resources Act or the Safe Drinking Water Act, 2002,
(d) waste that is produced in any month in an amount less than twenty-five
litres or otherwise accumulated in an amount less than twenty-five
litres,
(e) waste directly discharged by a generator from a waste generation facility
into,
(i) a sewage works, other than a storm sewer, that is subject to the
Ontario Water Resources Act or was established before April 3,
1957, or
(ii) a sewage system regulated under Part 8 of the building code made
under the Building Code Act, 1992,
(f) waste that results directly from food processing and preparation
operations,
(g) drilling fluids and produced waters associated with the exploration,
development or production of crude oil or natural gas,
(h) processed organic waste, or
(i) asbestos waste;
“liquid waste” means waste that has a slump of more than 150 millimetres using
the Test Method for the Determination of Liquid Waste (slump test) set out
in Schedule 9;
“listed waste” means hazardous waste that is,
(a) an acute hazardous waste chemical,
(b) hazardous industrial waste,
(c) a hazardous waste chemical, or
(d) severely toxic waste;
“local waste transfer facility” means a site,
(a) at which waste from field operations is received, bulked, temporarily
stored and transferred,
(b) that is owned or controlled by the person who undertakes the field
operations referred to in clause (a) or by a person on whose behalf those
field operations are undertaken,
(c) at which no waste is received other than waste from field operations,
and
(d) that is used primarily for functions other than waste management;
“lubricating oil” means petroleum-derived or synthetic crankcase oil, engine oil,
hydraulic fluid, transmission fluid, gear oil, heat transfer fluid, or other oil
or fluid used for lubricating machinery or equipment;
“manifest” means a numbered document called a manifest that was obtained
from the Ministry and includes a paper or electronic manifest;
“Manual” means the publication entitled “Registration Guidance Manual for
Generators of Liquid Industrial and Hazardous Waste”, published by the
Ministry of Environment and Energy and dated April 1995, as amended
from time to time;
“marine craft waste disposal system” means a waste disposal system operated
by a person or a municipality for the receiving of waste from marine craft
for deposit in holding tanks;
“Ministry website” means the website at [Link];
“mixed anaerobic digestion” means anaerobic digestion of both on-farm
anaerobic digestion materials and off-farm anaerobic digestion materials in
the same facility;
“mixed anaerobic digestion facility” means an anaerobic digestion facility that
treats both on-farm anaerobic digestion materials and off-farm anaerobic
digestion materials on a farm unit on which an agricultural operation is
carried out;
“mobile health care” means human or animal health care that takes place at,
(a) the home of a human being or animal to whom the health care is
provided, or
(b) a location at which emergency services or ambulance services are
provided to a human being or animal,
but does not include health care that is provided at,
(c) a hospital as defined in the Public Hospitals Act or a private hospital as
defined in the Private Hospitals Act,
(d) an institution as defined in the Mental Hospitals Act,
(e) a nursing home as defined in the Nursing Homes Act,
(f) a home as defined in the Homes for the Aged and Rest Homes Act,
(g) a home for special care as defined in the Homes for Special Care Act,
(h) the professional office of a member of the Royal College of Dental
Surgeons of Ontario,
(i) the professional office of a member of the College of Physicians and
Surgeons of Ontario,
(j) the professional office of a member of the College of Nurses of Ontario,
or
(k) the professional office of a member of the College of Veterinarians of
Ontario;
“mobile refrigerant waste” means refrigerant removed from the air-
conditioning, heat pump, refrigeration or freezer unit of anything used for
the purposes of transportation;
“mobile refrigerant waste collector” means a mobile refrigerant waste
management system that collects mobile refrigerant waste it has removed
from equipment in which refrigerant is used;
“mobile refrigerant waste recycler” means a mobile refrigerant waste
management system that receives mobile refrigerant waste from other
mobile refrigerant waste management systems and recycles it;
“municipal waste” means,
(a) any waste, whether or not it is owned, controlled or managed by a
municipality, except,
(i) hazardous waste,
(ii) liquid industrial waste, or
(iii) gaseous waste, and
(b) solid fuel, whether or not it is waste, that is derived in whole or in part
from the waste included in clause (a);
“non-aqueous waste” means waste that is not aqueous waste;
“non-hazardous solid industrial waste” means industrial waste that is not liquid
industrial waste and is not hazardous waste and includes asbestos waste;
“off-farm anaerobic digestion materials” means anaerobic digestion materials
that are not generated at an agricultural operation and that are received at an
agricultural operation from an outside source;
“on-farm anaerobic digestion materials” means anaerobic digestion materials
that are generated at an agricultural operation;
“on-site garbage grinder” means a grinder,
(a) used for the treatment of waste that is subsequently discharged as
sewage, and
(b) located in a building or structure used principally for functions other
than waste management;
“on-site incinerator” means an incinerator located at a site used principally for
functions other than waste management in which only waste generated on
that site is incinerated;
“on-site road” means a road for the movement of vehicles and equipment within
a waste disposal site;
“on-site thermal treatment equipment” means thermal treatment equipment
located at a site used principally for functions other than waste management
in which only waste generated on that site is subject to thermal treatment,
and includes an on-site incinerator;
“organic soil conditioning” means the incorporation of processed organic waste
in the soil to improve its characteristics for crop or ground cover growth;
“packing and baling” means the treatment of waste by its compression into
blocks or bales and binding or sheathing the blocks with wire, metal, plastic
or other material;
“pathological waste” means,
(a) any part of the human body, including tissues and bodily fluids, but
excluding fluids, extracted teeth, hair, nail clippings and the like, that
are not infectious,
(b) any part of the carcass of an animal infected with a communicable
disease or suspected by a licensed veterinary practitioner to be infected
with a communicable disease,
(c) non-anatomical waste infected with communicable disease,
(d) a mixture of a waste referred to in clause (a), (b) or (c) and any other
waste or material, or
(e) a waste derived from a waste referred to in clause (a), (b) or (c), unless
the waste that is derived from the waste referred to in clause (a), (b) or
(c) is produced in accordance with a certificate of approval that states
that, in the opinion of the Section 39 Director, the waste that is
produced in accordance with the certificate of approval does not have
characteristics similar to the characteristics of pathological waste
referred to in clause (a), (b) or (c);
“PCB” has the same meaning as in Regulation 362 of the Revised Regulations
of Ontario, 1990 (Waste Management — PCBs) made under the Act;
“PCB waste” has the same meaning as in Regulation 362 of the Revised
Regulations of Ontario, 1990 (Waste Management — PCBs) made under
the Act;
“processed organic waste” means waste that is predominantly organic in
composition and has been treated by aerobic or anaerobic digestion, or other
means of stabilization, and includes sewage residue from sewage works that
are subject to the provisions of the Ontario Water Resources Act;
“radioactive waste” includes,
(a) a mixture of radioactive waste and any other waste or material, and
(b) a waste derived from radioactive waste, unless the waste that is derived
from the radioactive waste is produced in accordance with a certificate
of approval that states that, in the opinion of the Section 39 Director,
the waste that is produced in accordance with the certificate of approval
does not have characteristics similar to the characteristics of radioactive
waste;
“reactive waste” means a waste that,
(a) is normally unstable and readily undergoes violent change without
detonating,
(b) reacts violently with water,
(c) forms potentially explosive mixtures with water,
(d) when mixed with water, generates toxic gases, vapours or fumes in a
quantity sufficient to present danger to human health or the
environment,
(e) is a cyanide or sulphide bearing waste which, when exposed to pH
conditions between two and 12.5, can generate toxic gases, vapours or
fumes in a quantity sufficient to present danger to human health or the
environment,
(f) is capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement,
(g) is readily capable of detonation or explosive decomposition or reaction
at standard temperature and pressure,
(h) is a Class 1 Explosive within the meaning of section 2.9 of the
Transportation of Dangerous Goods regulations made under the
Transportation of Dangerous Goods Act (Canada);
“receiver” means the operator of any facility to which waste is transferred by a
carrier;
“Regional Director” means a Director appointed under section 5 of the Act and
responsible for a region established by the Ministry for administrative
purposes, but does not mean the Director of the Waste Management Policy
Branch of the Ministry or an alternate named by him or her;
“regulated mixed anaerobic digestion facility” means a mixed anaerobic
digestion facility that is regulated under Part IX.1 of Ontario Regulation
267/03 (General) made under the Nutrient Management Act, 2002 and is not
subject to the requirements of a certificate of approval or a provisional
certificate of approval of a waste management system or waste disposal site
under Part V of the Environmental Protection Act;
“scavenging” means the uncontrolled removal of reusable material from waste
at a waste disposal site;
“Section 39 Director” means a Director appointed under section 5 of the Act for
purposes of section 39 of the Act;
“severely toxic waste” means,
(a) a waste that contains a contaminant listed as a severely toxic
contaminant in Schedule 3 at a concentration greater than one part per
million,
(b) a mixture of a waste referred to in clause (a) and any other waste or
material, or
(c) a waste derived from a waste referred to in clause (a), unless the waste
that is derived from the waste referred to in clause (a) is produced in
accordance with a certificate of approval that states that, in the opinion
of the Section 39 Director, the waste that is produced in accordance
with the certificate of approval does not have characteristics similar to
the characteristics of severely toxic waste referred to in clause (a);
“site” means one property and includes nearby properties owned or leased by
the same person where passage from one property to another involves
crossing, but not travelling along, a public highway;
“soil mixture” includes a mixture of soil and liquids, sludges or solids, where,
(a) the mixture cannot be separated by simple mechanical removal
processes; and
(b) based on visual inspection, the volume of the mixture is made up
primarily of soil or other finely divided material that is similar to soil;
“specimen collection centre” has the same meaning as in the Laboratory and
Specimen Collection Centre Licensing Act;
“stationary refrigerant waste” means refrigerant that is not mobile refrigerant
waste and that is removed from an air-conditioning unit, heat pump,
refrigeration or freezer unit;
“stationary refrigerant waste collector” means a stationary refrigerant waste
management system that collects stationary refrigerant waste it has removed
from equipment in which refrigerant is used;
“stationary refrigerant waste recycler” means a stationary refrigerant waste
management system that receives stationary refrigerant waste from other
stationary refrigerant waste management systems and recycles it;
“subject waste” means,
(a) liquid industrial waste,
(b) hazardous waste, and
(b.1) waste that was characteristic waste but that has been treated so that it
is no longer characteristic waste, if the waste may not be disposed of by
land disposal under subsection 79 (1),
but does not include waste described in subsection (3);
“thermal treatment” includes incineration, gasification, pyrolysis or plasma arc
treatment;
“thermal treatment site” means a waste disposal site where thermal treatment is
used;
“total waste disposal volume” means, for a landfilling site, the maximum
volume of waste, including the volume of any daily or intermediate cover, to
be deposited at the site in the space extending from the base of the waste fill
zone or the top of any engineered facilities located on the base of the site to
the bottom of the final cover;
“Toxicity Characteristic Leaching Procedure” means the Toxicity Characteristic
Leaching Procedure, Method 1311, that appears in United States
Environmental Protection Agency Publication SW-846 entitled “Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods”, as
amended from time to time, or a test method that the Director has approved
in writing as equivalent;
“transfer” means physical transfer of possession;
“transfer station” means a waste disposal site used for the purpose of
transferring waste from one vehicle to another for transportation to another
waste disposal site;
“treatment code” means a code listed as a treatment code in Schedule 7;
“vehicle” includes a rail car;
“vehicle sewage holding tank” means a device permanently mounted in or on a
vehicle to receive in-vehicle sewage produced in the vehicle;
“waste battery recovery facility” means a site at which intact waste batteries are
received for recovery of battery components and at which no disposal of
intact waste batteries or of recovered battery components takes place;
“waste biomass” means organic matter that is derived from a plant or animal,
that is available on a renewable basis and that is,
(a) waste from harvesting or processing agricultural products or forestry
products,
(b) waste resulting from the rendering of animals or animal by-products,
(c) solid or liquid material that results from the treatment of wastewater
generated by a manufacturer of pulp, paper, recycled paper or paper
products, including corrugated cardboard,
(d) waste from food processing and preparation operations, or
(e) woodwaste;
“waste electrical and electronic equipment” has the same meaning as in Ontario
Regulation 393/04 (Waste Electrical and Electronic Equipment) made under
the Waste Diversion Act, 2002;
“waste fill zone” means the three-dimensional zone in which waste is disposed
of by landfilling;
“waste generation facility” means those facilities, equipment and operations that
are involved in the production, collection, handling or storage of waste at a
site;
“waste transportation system” means those facilities, equipment and operations
that are involved in transporting waste beyond the boundaries of a site or
from site to site;
“waste-derived fuel” means waste that,
(a) is hazardous waste, liquid industrial waste, waste described in clause
(p), (q), (r), (s), (t) or (u) of the definition of “hazardous waste” or waste
described in clause (d) of the definition of “liquid industrial waste”,
(b) contains not more than 5 milligrams per kilogram arsenic, not more than
2 milligrams per kilogram cadmium, not more than 10 milligrams per
kilogram chromium, not more than 50 milligrams per kilogram lead, not
more than 2 milligrams per kilogram PCBs (as defined in Regulation
362 of the Revised Regulations of Ontario, 1990) and not more than
1,500 milligrams per kilogram total halogens,
(c) has a flash point of at least 38° Celsius as determined by the Tag Closed
Cup Tester (ASTM D-56-79), the Setaflash Closed Cup Tester (ASTM
D-3243-77 or ASTM D-3278-78), the Pensky-Martens Closed Cup
Tester (ASTM D-93-79) or an equivalent test method approved by the
Director,
(d) has a quality as fuel not worse than commercially available low grade
fuel, and
(e) is located at or destined for a waste-derived fuel site, where it will be
wholly utilized as a fuel or fuel supplement in a combustion unit;
“waste-derived fuel site” means a waste disposal site where waste-derived fuel
is wholly utilized as a fuel or fuel supplement in a combustion unit used
principally for functions other than waste management and the site may
include blending or bulking facilities but may not include facilities for
treatment or processing of waste-derived fuel generated off the site;
“woodwaste” means waste,
(a) that is wood or a wood product, including tree trunks, tree branches,
leaves and brush,
(b) that is not contaminated with chromated copper arsenate, ammoniacal
copper arsenate, pentachlorophenol or creosote, and
(c) from which easily removable hardware, fittings and attachments, unless
they are predominantly wood or cellulose, have been removed,
but does not include,
(d) an upholstered article, or
(e) an article to which a rigid surface treatment is affixed or adhered, unless
the rigid surface treatment is predominantly wood or cellulose;
“woodwaste combustor site” means a waste disposal site where woodwaste is
subject to thermal treatment or wholly utilized as a fuel or fuel supplement
in a combustion unit. R.R.O. 1990, Reg. 347, s. 1; O. Reg. 240/92, s. 1;
O. Reg. 501/92, s. 1; O. Reg. 555/92, s. 1; O. Reg. 105/94, s. 1; O. Reg.
190/94, s. 1; O. Reg. 512/95, s. 1; O. Reg. 157/98, s. 1; O. Reg. 460/99, s. 1;
O. Reg. 558/00, s. 1 (1-11); O. Reg. 501/01, s. 1; O. Reg. 323/02, s. 1;
O. Reg. 461/05, s. 1; O. Reg. 102/07, s. 1 (1-6); O. Reg. 280/07, s. 1;
O. Reg. 292/07, s. 1; O. Reg. 395/07, s. 1; O. Reg. 217/08, s. 1 (1); O. Reg.
110/09, s. 1; O. Reg. 336/09, s. 1; O. Reg. 337/09, s. 1.
(1.1) For the purpose of better understanding the definition of “engineered
facility” in subsection (1), the following things are examples of common
engineered facilities, if they are intended to be functional elements or features of a
landfilling site for more than five years:
1. Berms.
2. Drainage ditches.
3. Liners.
4. Covers.
5. Pumps.
6. Facilities to detect, monitor, control, collect, redirect or treat leachate,
surface water or ground water.
7. Facilities to detect, monitor, control, collect, redirect, treat, utilize or vent
landfill gas. O. Reg. 217/08, s. 1 (2).
(2) For the purpose of this Regulation, a waste is derived from a hazardous
waste if it is produced from the hazardous waste by blending, stabilization,
processing, treatment or disposal. O. Reg. 558/00, s. 1 (12).
(3) The definition of “subject waste” in subsection (1) does not include the
following wastes:
1. Waste from the servicing of motor vehicles at a retail motor vehicle
service station or service facility that has a written agreement for the
collection and management of such waste with a waste management
system approved under Part V of the Act for the purposes.
2. Intact waste batteries destined for a waste battery recovery facility.
3. Common mercury waste destined for a common mercury waste recovery
facility.
4. Waste electrical and electronic equipment that is intact and is destined
for a site at which it is to be processed for the recovery of materials.
5. Printed circuit boards that are waste, are intact and are destined for a site
at which they are to be processed for the recovery of materials.
6. Waste from,
i. a nursing home under the Nursing Homes Act,
ii. a home under the Homes for the Aged and Rest Homes Act,
iii. a home for special care under the Homes for Special Care Act,
iv. the professional office of a member of the Royal College of Dental
Surgeons of Ontario, or
v. the professional office of a member of the College of Physicians
and Surgeons of Ontario. O. Reg. 102/07, s. 1 (7).
DESIGNATION AND EXEMPTION OF WASTES
2. (1) The following are designated as wastes:
1. Dust suppressant.
2. Inert fill.
3. Processed organic waste.
4. Material that consists solely of waste from one or more of the categories
set out in Schedule 1, 2 or 3 of Ontario Regulation 101/94 and that
either,
i. has been separated from other kinds of waste at the source of the
material, or
ii. comes from a waste disposal site.
5. Rock fill or mill tailings from a mine.
6. Waste-derived fuel.
7. Hazardous waste.
8. Hauled liquid industrial waste.
9. Used tires that have not been refurbished for road use.
10. Stationary refrigerant waste.
11. Mobile refrigerant waste.
12. Woodwaste.
13. Municipal waste.
14. Residue from an industrial, manufacturing or commercial process or
operation, if the residue leaves the site where the process or operation is
carried on.
15. Hauled sewage.
16. Used lubricating oil. O. Reg. 555/92, s. 2; O. Reg. 105/94, s. 2 (1);
O. Reg. 128/98, s. 1; O. Reg. 157/98, s. 2; O. Reg. 280/07, s. 2.
(2) The following materials from the time they leave a construction site or a
demolition site are designated wastes:
1. Brick.
2. Corrugated cardboard.
3. Concrete.
4. Drywall.
5. Steel.
6. Wood. O. Reg. 105/94, s. 2 (2).
(3) A designation set out in subsection (2) does not apply to material leaving
a construction site or demolition site that is being delivered,
(a) to the vendor of the material for resale as construction material;
(b) to permanent premises of the person undertaking the construction or the
person on whose behalf the construction is undertaken, for use as
construction material by or for the person; or
(c) to permanent premises of the person undertaking the demolition or the
person on whose behalf the demolition is undertaken, for use as
construction material by or for the person. O. Reg. 105/94, s. 2 (2).
3. (1) The following wastes are exempted from Part V of the Act and this
Regulation:
1. Agricultural wastes.
2. Inedible material within the meaning of Ontario Regulation 31/05 (Meat)
made under the Food Safety and Quality Act, 2001.
2.1 Any material that is condemned or derived from a carcass at a
registered establishment within the meaning of the Meat Inspection Act
(Canada).
3. Dead farm animals within the meaning of Ontario Regulation 106/09
(Disposal of Dead Farm Animals) made under the Nutrient
Management Act, 2002 or regulated dead animals within the meaning of
Ontario Regulation 105/09 (Disposal of Deadstock) made under the
Food Safety and Quality Act, 2001.
4. Revoked: O. Reg. 157/98, s. 3.
5. Inert fill.
6. Rock fill or mill tailings from a mine.
7. Material set out in subsection (2). R.R.O. 1990, Reg. 347, s. 3; O. Reg.
105/94, s. 3 (1); O. Reg. 157/98, s. 3; O. Reg. 110/09, s. 2 (1).
(2) The material referred to in paragraph 7 of subsection (1) is any of the
following:
1. Municipal waste, hazardous waste or liquid industrial waste, other than
used or shredded or chipped tires, transferred by a generator for direct
transportation to a site,
i. to be wholly used at the site in an ongoing agricultural, commercial,
manufacturing or industrial process or operation used principally
for functions other than waste management if the process or
operation does not involve combustion or land application of the
waste,
ii. to be promptly packaged for retail sale to meet a realistic market
demand, or
iii. to be offered for retail sale to meet a realistic market demand.
2. Municipal waste, consisting solely of waste from a single category of
waste set out in Schedule 1, 2 or 3 of Ontario Regulation 101/94,
transferred by a generator and destined for,
i. a waste disposal site that, but for the exemption in section 5 of
Ontario Regulation 101/94, would be a municipal waste recycling
site to which Part IV of that regulation applies and that is located
at a manufacturing establishment that uses all the output, other
than residues, of the site, or
ii. a site for use at the site in an ongoing agricultural, commercial,
manufacturing or industrial process or operation used principally
for functions other than waste management if the process or
operation does not involve combustion or land application of the
waste.
3. Residue remaining after metal is recovered from wire and cable and
transferred by a generator for direct transportation to a site at which it
will be processed for recovery of metal and plastic using a process that
does not involve combustion of the residue or any part of the residue.
4. Chipped wood, other than chipped painted wood, chipped treated wood
or chipped laminated wood, intended for use as ground cover.
5. Waste wood, other than painted wood, treated wood or laminated wood,
transferred by a generator and destined for a site at which it is to be
chipped for eventual use as ground cover.
6. Pickle liquor transferred by a generator for direct transportation to a site
at which it is to be wholly utilized as a treatment chemical in,
i. a sewage works that is subject to the Ontario Water Resources Act,
i.1 a sewage works outside Ontario, if the utilization of pickle liquor
for this purpose is acceptable to the environmental regulatory
authority in the jurisdiction where the sewage works is located, or
ii. a wastewater treatment facility that discharges into a sanitary sewer.
7. Solid photographic waste that contains silver, including spent chemical
recovery cartridges that contain silver, transferred by a generator and
destined for a site at which it is to be processed for recovery of silver.
8. Waste paint or waste coatings transferred by a generator and destined for
a site at which the waste is to be used in an ongoing manufacturing
process for the production of paint or coatings, if the process does not
involve combustion of the waste and the paint or coatings that are
produced are not used as fuel.
9. Emission control dust from the primary production of steel in electric
furnaces, if the dust is transferred by a generator for direct
transportation to a site at which it is to be used as a feedstock in an
ongoing high temperature metal recovery process in a rotary kiln, flame
reactor, electric furnace, plasma arc furnace, slag reactor, industrial
furnace or combination of a rotary hearth furnace and electric furnace.
10. Spent activated carbon transferred by a generator for direct
transportation to a site at which it is to be used in a process to reactivate
activated carbon.
11. Metal bearing waste, other than lead acid batteries or aqueous waste,
that is transferred by a generator for direct transportation to a smelter at
which the waste is to be used as a feedstock in an ongoing operation for
the recovery of metal, including waste that, for the purpose of being
used as a feedstock, is processed through size reduction, blending,
calcining, roasting, sintering, drying, pelletizing, cleaning, leaching or
separation of solids from liquids, but not including waste that, for the
purpose of being used as a feedstock, is processed in any other manner.
12. Printed circuit boards that are waste and that are transferred by a
generator and destined for a smelter at which they are to be used as a
feedstock in an ongoing operation for the recovery of metal.
13. Waste that is to be processed and used at the same site where it is
generated, if,
i. neither the processing nor the use of the waste involves combustion
or land application of the waste, and
ii. the waste is not PCB waste, soil or a soil mixture.
14. Waste biomass transferred by a generator and destined for a site at
which it is to be used as a feedstock in the production of ethanol or
biodiesel, whether or not it is processed before it is used as a feedstock
and whether or not it is processed before it is received at the site at
which it is to be used as a feedstock.
15. Crumb rubber recovered from used, chipped or shredded tires and
destined for use as a feedstock in the production of rubber products
other than fuel products.
16. Waste glass that is to be used as aggregate in pipe bedding or in the
subsurface of roads or parking areas.
17. Waste asphalt pavement transferred by a generator for direct
transportation to,
i. a site at which it is to be used as construction aggregate, or
ii. a site at which waste asphalt pavement is processed for use as
construction aggregate and at which no disposal of waste or
processed waste takes place.
18. Waste asphalt pavement transferred by a generator for direct
transportation to a site at which waste asphalt pavement is stored for
use as construction aggregate, if,
i. the waste asphalt pavement is stored at least 30 metres away from
the nearest watercourse, lake or pond, or there are engineered
works in place to prevent the waste from having any adverse effect
on any watercourse, lake or pond, and
ii. the waste asphalt pavement is stored at,
A. a construction area for not more than 120 days,
B. a permanent place of business for a person who is in the
business of construction,
C. a pit or quarry for which a permit or licence has been issued
under the Aggregate Resources Act,
D. a road works yard owned by a municipality or the Crown in
right of Ontario, or
E. a place that is at least 100 metres from the nearest dwelling.
19. Waste asphalt shingles transferred by a generator and destined for a site
at which they will be used as aggregate or surface layer in the
construction of walkways for pedestrian use, roads or parking areas, if,
before being used for that purpose, the shingles are processed at a site at
which the only processing that occurs is sorting, size reduction and the
removal of other wastes from the shingles.
20. Organic waste from food processing and preparation operations or
operations for the sale or distribution of food, if,
i. the waste is transferred by a generator and destined for a site at
which the waste will be used in an ongoing agricultural,
commercial, manufacturing or industrial process or operation,
whether or not it is processed before it is used in the process or
operation and whether or not it is processed before it is received at
the site at which it will be used in the process or operation, and
ii. the agricultural, commercial, manufacturing or industrial process or
operation does not involve combustion or land application of the
waste.
21. Anaerobic digestion output that is intended for application on
agricultural land as nutrient,
i. if it was generated by a regulated mixed anaerobic digestion facility,
or
ii. if the anaerobic digestion materials did not contain sewage
biosolids or human body waste and at least 50 per cent, by
volume, of the total amount of anaerobic digestion materials were
on-farm anaerobic digestion materials.
22. Manure, paunch manure or used animal bedding transferred by a
generator for direct transportation to a farm operation at which it is to
be used to improve the growing of crops, whether or not it is processed
at the operation before it is used to improve the growing of crops.
23. Solid waste plant material that is,
i. generated from crops that have not been processed, or that have
been processed without any use of chemicals, other than food
grade chemicals used only to clean the crops or the surrounding
processing area and equipment, and
ii. transferred by a generator for direct transportation to a farm
operation at which it is to be used to improve the growing of
crops, whether or not it is processed at the operation before it is
used to improve the growing of crops.
24. Composting material or cured compost if it is transferred by a disposal
facility that is operating under a licence issued under the Food Safety
and Quality Act, 2001. O. Reg. 105/94, s. 3 (2); O. Reg. 128/98,
s. 2 (1); O. Reg. 461/05, s. 2; O. Reg. 102/07, s. 2 (1); O. Reg. 395/07,
s. 2 (1); O. Reg. 110/09, s. 2 (2); O. Reg. 336/09, s. 2.
(3) Despite subsection (1), material that is referred to in subparagraph 1 i or
paragraph 6, 9, 10 or 11 of subsection (2) is exempt from Part V of the Act and
this Regulation only if the carrier has in his or her possession while transporting
the material a document from the owner or operator of the site to which the
material is being transported that,
(a) indicates that the owner or operator of the site to which the material is
being transported agrees to accept the material;
(b) specifies the use that will be made of the material; and
(c) if the paragraph of subsection (2) that refers to the material refers to an
ongoing process or operation, stipulates that the process or operation is
ongoing at the time the material is being transported. O. Reg. 102/07,
s. 2 (2).
(3.0.1) Despite subsection (1), material that is referred to in paragraph 2, 2.1
or 3 of subsection (1) or paragraph 24 of subsection (2) is exempt from Part V of
the Act and this Regulation unless it is transferred to a waste disposal site that is
operating under a certificate of approval or provisional certificate of approval.
O. Reg. 110/09, s. 2 (3).
(3.0.2) Despite subsection (1), material that is referred to in paragraph 1, 2,
2.1 or 3 of subsection (1) or paragraph 22, 23 or 24 of subsection (2) is not exempt
from section 29 of the Act. O. Reg. 110/09, s. 2 (3).
(3.1) Despite subsection (1), material that is referred to in paragraph 7 or 8
of subsection (2) is exempt from Part V of the Act and this Regulation only if,
(a) every carrier has in his or her possession while transporting the material
a document from the owner or operator of the site to which the material
is destined that,
(i) indicates that the owner or operator of the site to which the material
is destined agrees to accept the material,
(ii) specifies the use that will be made of the material, and
(iii) if the material is referred to in paragraph 8 of subsection (2),
stipulates that the manufacturing process referred to in that
paragraph is ongoing at the time the material is being transported;
and
(b) the owner or operator of every site to which the material is delivered
and at which the material is collected, handled, stored or transferred
before reaching the site to which the material is destined has in his or
her possession while collecting, handling, storing or transferring the
material a document from the owner or operator of the site to which the
material is destined that,
(i) indicates that the owner or operator of the site to which the material
is destined agrees to accept the material,
(ii) specifies the use that will be made of the material, and
(iii) if the material is referred to in paragraph 8 of subsection (2),
stipulates that the manufacturing process referred to in that
paragraph is ongoing at the time the material is being collected,
handled, stored or transferred. O. Reg. 102/07, s. 2 (2).
(3.2) If a waste referred to in paragraph 13 of subsection (2) is one of the
following types of waste, any residue from the processing of the waste shall be
deemed, for the purposes of this Regulation, to be a waste derived from a waste
referred to in clause (a) of the definition of that type of waste in subsection 1 (1):
1. Acute hazardous waste chemical.
2. Hazardous industrial waste.
3. Hazardous waste chemical.
4. Severely toxic waste. O. Reg. 102/07, s. 2 (2).
(3.3) Paragraph 20 of subsection (2) does not apply to organic waste from
food processing and preparation operations or operations for the sale or
distribution of food, if the waste is transferred by a generator and destined for a
site at which the waste will be subject to anaerobic digestion, composting or any
other process or operation that results in the production of material intended for
land application. O. Reg. 395/07, s. 2 (2).
(4) In subsection (2),
“ground cover” means,
(a) mulch,
(b) landscaping material, or
(c) surfacing material for,
(i) trails or walkways for pedestrian use,
(ii) trails or paths for use by livestock or other animals,
(iii) pens or enclosures for livestock or other animals,
(iv) playgrounds,
(v) parking areas, or
(vi) private roads. O. Reg. 128/98, s. 2 (2).
WASTE DISPOSAL SITES AND WASTE MANAGEMENT SYSTEMS
4. Revoked: O. Reg. 105/94, s. 4.
5. (1) The following waste disposal sites are exempt from Part V of the Act
and this Regulation:
1. On-site incinerators at the site of a veterinary hospital.
2. On-site garbage grinders.
3. Derelict motor vehicle sites.
4. Incinerators at the site of a crematorium within the meaning of the
Cemeteries Act.
5. Regulated mixed anaerobic digestion facilities. R.R.O. 1990, Reg. 347,
s. 5 (1); O. Reg. 395/07, s. 3.
(2) Dust suppression sites designated in a certificate of approval or
provisional certificate of approval for a dust suppression waste management
system and established and operated in accordance therewith are exempt from the
requirement to have a waste disposal site certificate of approval or provisional
certificate of approval. R.R.O. 1990, Reg. 347, s. 5 (2).
(3) Revoked: O. Reg. 555/92, s. 4.
(4) No person shall use waste oil as a dust suppressant. R.R.O. 1990, Reg.
347, s. 5 (4).
5.0.1 (1) In this section,
“municipal waste pilot project site” means a waste disposal site, other than a
landfilling site or dump, where municipal waste is processed or disposed of
primarily to,
(a) assist in the design of technology for processing or disposing of
municipal waste,
(b) assess the merits of a technology for processing or disposing of
municipal waste, or
(c) demonstrate the merits of a technology for processing or disposing of
municipal waste. O. Reg. 102/07, s. 3.
(2) Section 30 of the Act does not apply to an application for a certificate of
approval for the use, operation, establishment, alteration, extension or enlargement
of a municipal waste pilot project site if,
(a) the applicant gives the Section 39 Director a written notice that,
(i) specifically mentions this subsection, and
(ii) requests that section 30 of the Act not apply; and
(b) the Section 39 Director is satisfied that 75 tonnes of municipal waste or
less will be processed or disposed of at the site on any day. O. Reg.
102/07, s. 3; O. Reg. 337/09, s. 2 (1, 2).
(3) If a certificate of approval or provisional certificate of approval is issued
on an application to which subsection (2) applied,
(a) the operator of the municipal waste pilot project site shall promptly
notify the Section 39 Director in writing of the date that municipal
waste is first received at the site pursuant to the certificate of approval
or provisional certificate of approval; and
(b) the operator of the municipal waste pilot project site shall ensure that
not more than 75 tonnes of municipal waste are processed or disposed
of at the site on any day. O. Reg. 102/07, s. 3; O. Reg. 337/09, s. 2 (3).
(4) A certificate of approval or provisional certificate of approval that is
issued on an application to which subsection (2) applies must contain a term or
condition that prohibits the operation of the municipal waste pilot project site after
the third anniversary of the date that municipal waste is first received at the site, or
after such earlier date as is specified in the certificate of approval or provisional
certificate of approval. O. Reg. 102/07, s. 3.
(5) Subject to subsections (8) and (9), the Section 39 Director may, on
application, alter the term or condition referred to in subsection (4) if he or she is
satisfied that the alteration is necessary to,
(a) assist in the design of technology for processing or disposing of
municipal waste;
(b) assess the merits of a technology for processing or disposing of
municipal waste; or
(c) demonstrate the merits of a technology for processing or disposing of
municipal waste. O. Reg. 102/07, s. 3; O. Reg. 337/09, s. 2 (4).
(6) Subsection (2) applies, with necessary modifications, to an application to
alter the term or condition referred to in subsection (4). O. Reg. 102/07, s. 3.
(7) The Section 39 Director is not required to consider an application to
alter the term or condition referred to in subsection (4) if,
(a) the application is seeking the first alteration of the term or condition;
and
(b) the application is made less than half way through the period between
the date that municipal waste is first received at the site and the date
after which the term or condition prohibits the operation of the
municipal waste pilot project site. O. Reg. 102/07, s. 3; O. Reg. 337/09,
s. 2 (5).
(8) An alteration under subsection (5) shall not extend the period during
which the municipal waste pilot project site may be operated for more than 12
months. O. Reg. 102/07, s. 3.
(9) An alteration under subsection (5) shall not extend the period during
which the municipal waste pilot project site may be operated beyond the fifth
anniversary of the date that municipal waste is first received at the site. O. Reg.
102/07, s. 3.
Note: On January 1, 2011, the Regulation is amended by adding the following
section:
5.0.2 A waste disposal site is exempt from Part V of the Act and from this
Regulation if,
(a) it is a NASM plan area, as defined in Ontario Regulation 267/03
(General) made under the Nutrient Management Act, 2002; and
(b) it satisfies the requirements of section 8.3 of that regulation. O. Reg.
336/09, s. 3.
See: O. Reg. 336/09, ss. 3, 4 (2).
5.1 (1) A waste disposal site that is the subject of an application for a
certificate of approval referred to in subsection 30 (1) of the Act is exempt from
the requirements of subsection 30 (1) of the Act, but only in relation to the
application, and only if the application is not for an approval for,
(a) the deposit of waste at a dump;
(b) the landfilling of waste; or
(c) the disposal of waste by thermal treatment. O. Reg. 457/93, s. 1; O. Reg.
102/07, s. 4.
(2) For the purposes of clause (1) (a), the deposit of waste at a dump does
not include the handling, storing, transferring, treating or processing of waste at a
dump. O. Reg. 457/93, s. 1.
5.2 (1) In this section,
“service area”, with respect to a landfilling site, means the geographical area
from which the site is permitted, under a certificate of approval or a
provisional certificate of approval, to receive municipal waste. O. Reg.
299/94, s. 1.
(2) A municipality that owns or operates a landfilling site is exempt from
sections 27, 30 and 32 of the Act with respect to increasing the service area of the
site if the additional area from which the site will receive municipal waste is,
(a) within the boundaries of the local municipality in which the site is
located or, if the upper tier municipality in which the local municipality
is located is exercising the power to provide land filling sites for the
local municipality, within the boundaries of that upper tier municipality;
(b) within the boundaries of the municipality that owns or operates the site;
(c) within the boundaries of an area that is not organized as a municipality
and that abuts the municipality that owns or operates the site; or
(d) within the boundaries of a separated municipality that abuts the
municipality that owns or operates the site. O. Reg. 299/94, s. 1.
(3) A municipality that owns or operates a landfilling site is exempt from
sections 30 and 32 of the Act with respect to an increase in the rate at which
municipal waste may be received at the site from areas within its service area.
O. Reg. 299/94, s. 1.
(4) If a municipality owns or operates a landfilling site that has been filled
in accordance with an exemption under this section, the municipality is exempt
from sections 27, 30 and 32 of the Act with respect to increasing the service area
of another landfilling site that it owns and operates if the additional area from
which the other site will receive municipal waste is part or all of the area from
which the filled site received municipal waste. O. Reg. 299/94, s. 1; O. Reg.
461/05, s. 3.
(5) A person, other than a municipality, who owns or operates a landfilling
site is exempt from sections 27, 30 and 32 of the Act with respect to increasing the
service area of the site if,
(a) the additional area from which the site will receive municipal waste is
within the boundaries of a municipality from which it already receives
municipal waste;
(b) the municipality referred to in clause (a) is a local municipality or an
upper tier municipality that is exercising the power to provide
landfilling sites for the local municipality; and
(c) the site has a certificate of approval or a provisional certificate of
approval, the terms or conditions of which establish a periodic quantity
limit for deliveries of waste to the landfilling site. O. Reg. 299/94, s. 1.
(6) A person, other than a municipality, who owns or operates a landfilling
site is exempt from sections 30 and 32 of the Act with respect to increasing the
service area of the site if,
(a) the additional area from which the site will receive municipal waste is
within the boundaries of a municipality from which it already receives
municipal waste;
(b) the municipality referred to in clause (a) is a local municipality or an
upper tier municipality that is exercising the power to provide
landfilling sites for the local municipality;
(c) the site has a certificate of approval or a provisional certificate of
approval;
(d) the Director imposes a term or condition establishing a periodic quantity
limit for deliveries of waste to the site; and
(e) the periodic quantity limit is equivalent to an estimate based on existing
terms or conditions defining a service area for the site or on historic
deliveries to the site. O. Reg. 299/94, s. 1.
6. (1) For the purposes of subsection (3),
(a) each tire weighing less than twelve kilograms is one tire unit;
(b) each tire weighing twelve kilograms or more is the number of tire units
that results from dividing twelve into the number of kilograms that the
tire weighs; and
(c) each twelve kilograms of chipped or shredded tires is a tire unit. R.R.O.
1990, Reg. 347, s. 6 (1).
(2) Steel that has been separated from other components of tires in the
process of chipping or shredding tires shall not be counted for the purposes of
clause (1) (c). R.R.O. 1990, Reg. 347, s. 6 (2).
(3) Section 27 of the Act does not apply in respect of a used tire site if,
(a) the total number of tire units at the site is less than 5,000;
(b) the total volume of the piles of tire units at the site is less than 300 cubic
metres; and
(c) used, chipped or shredded tires are not subject to thermal treatment or
buried at the site. O. Reg. 183/92, s. 1; O. Reg. 555/92, s. 5 (1); O. Reg.
102/07, s. 5.
(4) Despite subsection (3), the only persons exempted from section 40 of the
Act for depositing waste at a used tire site described in subsection (3) are persons
belonging to one of the following classes:
1. The owner of the land on which the site is located.
2. A person acting with the written permission of the owner of the land on
which the site is located.
3. The operator of a motor vehicle service station acting in the ordinary
course of the service station business, in the case of a site that is
accessory to the station.
4. A person acting with the permission of the operator of a motor vehicle
service station and in the ordinary course of the service station business,
in the case of a site that is accessory to the station. O. Reg. 183/92, s. 1;
O. Reg. 555/92, s. 5 (2).
(5) Revoked: O. Reg. 183/92, s. 1.
7. Section 27 of the Act does not apply to vehicle sewage holding tanks.
O. Reg. 157/98, s. 4.
8. (1) The following waste management systems are exempt from Part V of
the Act and this Regulation:
1. Individual collection systems.
2. Marine craft waste disposal systems. R.R.O. 1990, Reg. 347, s. 8 (1).
(2) Revoked: O. Reg. 461/05, s. 4.
(3) Section 27 of the Act does not apply in respect of trucks for hauling used
tires. R.R.O. 1990, Reg. 347, s. 8 (3).
(3.1) Subject to subsection (3.2), sections 27, 40 and 41 of the Act do not
apply in respect of trucks for hauling off-farm anaerobic digestion materials listed
in Schedule 1 or 2 of Ontario Regulation 267/03 (General) made under the
Nutrient Management Act, 2002 to a waste disposal site that, pursuant to
paragraph 5 of subsection 5 (1), is exempt from Part V of the Act and this
Regulation. O. Reg. 395/07, s. 4.
(3.2) Trucks for hauling off-farm anaerobic digestion materials to a waste
disposal site referred to in subsection (3.1) are exempt from sections 27, 40 and 41
of the Act only if every carrier has in his or her possession while transporting the
materials a document from the owner or operator of the waste disposal site that
indicates that the owner or operator of the site agrees to accept the materials.
O. Reg. 395/07, s. 4.
(4) Sections 27, 40 and 41 of the Act do not apply in respect of a waste
management system or waste disposal site, if the only management of waste done
by the system or at the site is the collection, handling, transportation, storage or
transfer of,
(a) waste that consists of,
(i) waste electrical and electronic equipment that is intact, or
(ii) printed circuit boards,
and that is transferred by a generator and is destined for a site at which
the waste is to be processed for the recovery of materials;
(b) intact waste batteries that are transferred by a generator and are destined
for a waste battery recovery facility; or
(c) common mercury waste that is transferred by a generator and is destined
for a common mercury waste recovery facility. O. Reg. 102/07, s. 6;
O. Reg. 337/09, s. 3.
(5) Despite clauses (4) (b) and (c), a waste management system or waste
disposal site for the collection, handling, transportation, storage or transfer of
waste referred to in those clauses is exempt from sections 27, 40 and 41 of the Act
only if,
(a) every carrier has in his or her possession while transporting the waste a
document from the owner or operator of the waste battery recovery
facility or common mercury waste recovery facility that indicates that
the owner or operator of the facility agrees to accept the waste; and
(b) the owner or operator of every site at which the waste is collected,
handled, stored or transferred before reaching the waste battery
recovery facility or common mercury waste recovery facility has in his
or her possession while collecting, handling, storing or transferring the
material a document from the owner or operator of the waste battery
recovery facility or common mercury waste recovery facility that
indicates that the owner or operator of the facility agrees to accept the
waste. O. Reg. 102/07, s. 6.
(6) Sections 27, 40 and 41 of the Act do not apply in respect of a waste
disposal site if,
(a) the only management of waste done at the waste disposal site is the
collection, handling, storage, transfer or processing of woodwaste;
(b) none of the woodwaste is stored at the waste disposal site for more than
18 months;
(c) the woodwaste is transferred by a generator and is destined for one or
more woodwaste combustor sites;
(d) the owner or operator of the waste disposal site has in his or her
possession, while collecting, handling, storing, transferring or
processing woodwaste, a document from the owner or operator of each
woodwaste combustor site to which the woodwaste is destined that
indicates that,
(i) the owner or operator of the woodwaste combustor site agrees to
accept the woodwaste, and
(ii) the woodwaste will be used at the woodwaste combustor site
principally for functions other than waste disposal; and
(e) no more woodwaste is stored at the waste disposal site than is
reasonably capable of being subject to thermal treatment or wholly
utilized as a fuel or fuel supplement during a period of six months at the
woodwaste combustor sites to which the woodwaste is destined.
O. Reg. 102/07, s. 6.
(7) Sections 27, 40 and 41 of the Act do not apply in respect of a waste
management system if,
(a) the only management of waste done by the waste management system is
the collection, handling, transportation, storage, transfer or processing
of woodwaste;
(b) none of the woodwaste is stored at waste disposal sites that are part of
the waste management system for more than 18 months;
(c) the woodwaste is transferred by a generator and is destined for one or
more woodwaste combustor sites;
(d) the owner or operator of every waste disposal site that is part of the
waste management system has in his or her possession, while
collecting, handling, storing, transferring or processing woodwaste, a
document from the owner or operator of each woodwaste combustor
site to which the woodwaste is destined that indicates that,
(i) the owner or operator of the woodwaste combustor site agrees to
accept the woodwaste, and
(ii) the woodwaste will be used at the woodwaste combustor site
principally for functions other than waste disposal; and
(e) no more woodwaste is stored at waste disposal sites that are part of the
waste management system than is reasonably capable of being subject
to thermal treatment or wholly utilized as a fuel or fuel supplement
during a period of six months at the woodwaste combustor sites to
which the woodwaste is destined. O. Reg. 102/07, s. 6.
(8) If, pursuant to subsection (6) or (7), sections 27, 40 and 41 of the Act do
not apply in respect of a waste disposal site or waste management system, the
owner and the operator of the waste disposal site or waste management system
shall ensure that all woodwaste that is transported from the waste disposal site or
by the waste management system is transported to,
(a) a woodwaste combustor site that uses the woodwaste principally for
functions other than waste disposal; or
(b) a waste disposal site or waste management system that, pursuant to
subsection (6) or (7), is also exempt from sections 27, 40 and 41 of the
Act. O. Reg. 102/07, s. 6.
(9) Sections 27, 40 and 41 of the Act do not apply in respect of a waste
disposal site if,
(a) the only management of waste done at the waste disposal site is the
collection, handling, storage, transfer or processing of woodwaste; and
(b) the site is operated by the holder of a land use permit issued under the
Public Lands Act that authorizes the collection, handling, storage
transfer or processing of woodwaste at the site. O. Reg. 102/07, s. 6.
9. The standards, procedures and requirements set out in this Regulation do
not apply to the extent that terms and conditions set out in a certificate of approval
or a provisional certificate of approval issued under section 39 of the Act impose
different standards, procedures or requirements. R.R.O. 1990, Reg. 347, s. 9.
10. No person shall use, operate or establish a waste management system or
waste disposal site or any part of either of them except in accordance with the
applicable prescribed standards. R.R.O. 1990, Reg. 347, s. 10.
STANDARDS FOR WASTE DISPOSAL SITES
11. The following are prescribed as standards for the location, maintenance
and operation of a landfilling site:
1. Access roads and on-site roads shall be provided so that vehicles hauling
waste to and on the site may travel readily on any day under all normal
weather conditions.
2. Access to the site shall be limited to such times as an attendant is on duty
and the site shall be restricted to use by persons authorized to deposit
waste in the fill area.
3. Drainage passing over or through the site shall not adversely affect
adjoining property and natural drainage shall not be obstructed.
4. Drainage that may cause pollution shall not, without adequate treatment,
be discharged into watercourses.
5. Waste shall be placed sufficiently above or isolated from the maximum
water table at the site in such manner that impairment of groundwater in
aquifers is prevented and sufficiently distant from sources of potable
water supplies so as to prevent contamination of the water, unless
adequate provision is made for the collection and treatment of leachate.
6. Where necessary to isolate a landfilling site and effectively prevent the
egress of contaminants, adequate measures to prevent water pollution
shall be taken by the construction of berms and dykes of low
permeability.
7. Where there is a possibility of water pollution resulting from the
operation of a landfilling site, samples shall be taken and tests made by
the owner of the site to measure the extent of egress of contaminants
and, if necessary, measures shall be taken for the collection and
treatment of contaminants and for the prevention of water pollution.
8. The site shall be located a reasonable distance from any cemetery.
9. Adequate and proper equipment shall be provided for the compaction of
waste into cells and the covering of the cells with cover material.
10. Where climatic conditions may prevent the use of the site at all times,
provisions shall be made for another waste disposal site which can be
used during such periods.
11. Where required for accurate determination of input of all wastes by
weight, scales shall be provided at the site or shall be readily available
for use.
12. All waste disposal operations at the site shall be adequately and
continually supervised.
13. Waste shall be deposited in an orderly manner in the fill area,
compacted adequately and covered by cover material by a proper
landfilling operation.
14. Procedures shall be established for the control of rodents or other
animals and insects at the site.
15. Procedures shall be established, signs posted, and safeguards
maintained for the prevention of accidents at the site.
16. The waste disposal area shall be enclosed to prevent entry by
unauthorized persons and access to the property shall be by roadway
closed by a gate capable of being locked.
17. A green belt or neutral zone shall be provided around the site and the
site shall be adequately screened from public view.
18. Whenever any part of a fill area has reached its limit of fill, a final
cover of cover material shall be placed on the completed fill and such
cover shall be inspected at regular intervals over the next ensuing
period of two years and where necessary action shall be taken to
maintain the integrity and continuity of the cover materials.
19. Scavenging shall not be permitted. R.R.O. 1990, Reg. 347, s. 11.
11.1 (1) The owner and the operator of a landfilling site described in
subsection (2) shall ensure that on or before June 30, 2009 a written report is
submitted to the Section 39 Director respecting,
(a) the design, operation, maintenance and monitoring of facilities for the
collection, and for the burning or use, of landfill gas generated by the
site during site operation and following site closure; and
(b) if any of the facilities referred to in clause (a) already exist, the
improvements, if any, that can be made to those facilities to increase the
amount of landfill gas generated by the site that can be collected, and
burned or used, and the date by which the improvements can be made
and implemented. O. Reg. 217/08, s. 2; O. Reg. 337/09, s. 4.
(2) This section applies to a landfilling site that meets the following criteria:
1. The site accepts only municipal waste for disposal.
2. On or after June 30, 2009, the site will landfill waste under a certificate
of approval or provisional certificate of approval issued under Part V of
the Act.
3. On or after June 30, 2009, the site will have a total waste disposal
volume of more than 1.5 million cubic metres.
4. A written report has not been required to be prepared with respect to the
site under subsection 15 (1) of Ontario Regulation 232/98 (Landfilling
Sites) made under the Act. O. Reg. 217/08, s. 2.
(3) This section does not apply to a landfilling site associated with forest
products operations, such as the operations of a lumber mill, sawmill, pulp mill or
similar facility, if the waste deposited at the site is produced by the forest products
operations and is predominantly solid, non-hazardous process waste, such as
woodwaste, effluent treatment solids, hog fired boiler ash, recycling process
rejects, lime mud, grits or dregs. O. Reg. 217/08, s. 2.
(4) This section does not apply to a landfilling site if the only waste
landfilled at the site is coal ash. O. Reg. 217/08, s. 2.
(5) This section does not apply to a landfilling site if a written report is
submitted to the Section 39 Director before June 30, 2009 showing that the nature
and quantity of landfill gas generated by the site is not likely to be of significant
concern to the Director, based on the following factors:
1. The characteristics of the site.
2. The type of waste to be deposited.
3. The rate at which waste is deposited at the site. O. Reg. 217/08, s. 2.
(6) This section does not apply to a landfilling site that meets the following
criteria:
1. The site operates under a certificate of approval or provisional certificate
of approval issued under Part V of the Act.
2. The certificate of approval or provisional certificate of approval permits
the use of facilities for the collection, and for the burning or use, of
landfill gas generated by the site during site operation but does not
require that some or all of those facilities be used.
3. The site has in operation facilities that are not required by the certificate
of approval or provisional certificate of approval for the collection, and
for the burning or use, of landfill gas generated by the site during site
operation.
4. The owner or the operator of the site gives the Section 39 Director a
written notice that,
i. specifically mentions this subsection, and
ii. requests that this section not apply. O. Reg. 217/08, s. 2.
11.2 (1) If section 11.1 does not apply to a landfilling site because the
criteria listed in subsection 11.1 (6) are met, the owner and the operator of the site
shall ensure that, on or before June 30, 2009, a written report is submitted to the
Section 39 Director,
(a) identifying the areas of the site where facilities for the collection, and
for the burning or use, of landfill gas generated by the site during site
operation are in operation and for which there is no requirement under
the certificate of approval or provisional certificate of approval under
which the site operates;
(b) describing the design and operation of facilities for the collection, and
for the burning or use, of landfill gas generated by the site during site
operation and following site closure in the areas of the site that are
identified in clause (a);
(c) respecting the design, operation, maintenance and monitoring of
facilities for the collection, and for the burning or use, of landfill gas
generated by the site during site operation and following site closure in
the areas of the site that are not identified in clause (a); and
(d) if any of the facilities referred to in clause (c) already exist, respecting
the improvements, if any, that can be made to those facilities to increase
the amount of landfill gas generated by the site that can be collected,
and burned or used, and the date by which the improvements can be
made and implemented. O. Reg. 217/08, s. 2; O. Reg. 337/09, s. 5.
(2) The owner and the operator of a landfilling site for which a written
report must be submitted under subsection (1) shall ensure that, on or before June
30, 2016, a written report is submitted to the Section 39 Director respecting,
(a) the design, operation, maintenance and monitoring of the facilities for
the collection, and for the burning or use, of landfill gas generated by
the site during site operation and following site closure; and
(b) if any of the facilities referred to in clause (a) already exist, the
improvements, if any, that can be made to those facilities to increase the
amount of landfill gas generated by the site that can be collected, and
burned or used, and the date by which the improvements can be made
and implemented. O. Reg. 217/08, s. 2.
11.3 (1) Subject to subsection (2), the owner and the operator of a
landfilling site to which section 11.1 or 11.2 applies shall ensure that the following
facilities and improvements to the facilities are in operation for the collection, and
for the burning or use, of landfill gas generated by the site during site operation
and following site closure:
1. If section 11.1 applies, the facilities referred to in clause 11.1 (1) (a) and
any improvements identified under clause 11.1 (1) (b).
2. If section 11.2 applies, the facilities referred to in clause 11.2 (1) (c) and
any improvements identified under clause 11.2 (1) (d). O. Reg. 217/08,
s. 2.
(2) If, after receiving the report submitted under subsection 11.1 (1) or 11.2
(1), the Section 39 Director has required facilities other than the facilities referred
to in subsection (1) as a condition of a certificate of approval or provisional
certificate of approval, the owner and the operator shall ensure that the facilities
required by the Director are in operation for the collection, and for the burning or
use, of landfill gas generated by the site during site operation and following site
closure. O. Reg. 217/08, s. 2.
(3) This section applies to a portion of a waste fill zone in a landfilling site
to which section 11.1 applies or in an area of a landfilling site to which section
11.2 applies that is not identified in clause 11.2 (1) (a) if, at any time on or after
December 31, 2010,
(a) the portion of the zone has reached its maximum capacity; or
(b) no further waste has been deposited in the portion of the zone during the
preceding six months. O. Reg. 217/08, s. 2.
11.4 (1) The owner and the operator of a landfilling site described in
subsection (4) shall ensure that for 2009 and every subsequent year, an annual
report is submitted to the Director of the Environmental Monitoring and Reporting
Branch of the Ministry on or before June 1 of the following year. O. Reg. 217/08,
s. 2.
(2) The report required under subsection (1) shall be in writing and shall
include the following with respect to the facilities for the collection, and for the
burning or use, of landfill gas generated by the landfilling site during site
operation and following site closure:
1. A statement of the total landfill gas volume collected by the facilities at
the site during the year.
2. A statement of the percentage of the volume described in paragraph 1
that was methane gas.
3. A statement of the reduction in methane emissions from the landfilling
site associated with the burning or use of landfill gas during the year,
expressed in units of tonnes of carbon dioxide equivalent and based on
a global warming potential of 21 for methane gas.
4. A description of how sound scientific or engineering principles have
been used to support the statements required by paragraphs 1, 2 and 3.
5. All calculations and information that support the statements required by
paragraphs 1, 2 and 3. O. Reg. 217/08, s. 2.
(3) The report required for 2009 under subsection (1) shall include the
information described in subsection (2) only for the period that begins on June 30,
2009 and ends on December 31, 2009. O. Reg. 217/08, s. 2.
(4) This section applies to a landfilling site that meets the following criteria:
1. The site accepts only municipal waste for disposal.
2. On or after June 30, 2009, the site landfills waste under a certificate of
approval or provisional certificate of approval issued under Part V of
the Act.
3. On or after June 30, 2009, the site has a total waste disposal volume of
more than 1.5 million cubic metres. O. Reg. 217/08, s. 2.
(5) This section does not apply to a landfilling site associated with forest
products operations, such as the operations of a lumber mill, sawmill, pulp mill or
similar facility, if the waste deposited at the site is produced by the forest products
operations and is predominantly solid, non-hazardous process waste, such as
woodwaste, effluent treatment solids, hog fired boiler ash, recycling process
rejects, lime mud, grits or dregs. O. Reg. 217/08, s. 2.
(6) This section does not apply to a landfilling site if the only waste
landfilled at the site is coal ash. O. Reg. 217/08, s. 2.
(7) This section does not apply to a landfilling site for which a written report
has been submitted to the Section 39 Director under subsection 11.1 (5). O. Reg.
217/08, s. 2.
(8) This section ceases to apply to a landfilling site if the Section 39
Director amends a certificate of approval or provisional certificate of approval
issued under Part V of the Act to state that the nature and quantity of landfill gas
generated by the site is not of significant concern to the Director. O. Reg. 217/08,
s. 2.
11.5 (1) On request of the Section 39 Director, the owner or the operator
who is required to submit a report under section 11.1, 11.2 or 11.4 shall provide
further information with respect to the subject matter of the report. O. Reg.
217/08, s. 2.
(2) The information requested under subsection (1) shall be provided to the
Director who made the request by a date set by the Director at the time of the
request. O. Reg. 217/08, s. 2.
12. The following are prescribed as standards for the location, maintenance
and operation of a thermal treatment site:
1. The location of the thermal treatment site shall be selected so as to
reduce the effects of nuisances such as dust, noise and traffic.
2. Fly-ash that is hazardous waste and that results from the incineration of
waste that is neither hazardous waste nor liquid industrial waste shall be
kept separate from incinerator ash and disposed of or otherwise dealt
with separately from incinerator ash.
3. Fly-ash that is hazardous waste and that results from the incineration of
waste that is neither hazardous waste nor liquid industrial waste shall
only be disposed of at,
i. Revoked: O. Reg. 337/09, s. 6.
ii. a landfilling site authorized to accept fly-ash that is hazardous
waste and that results from the incineration of waste that is neither
hazardous waste nor liquid industrial waste by the terms of,
A. a certificate of approval or provisional certificate of approval
issued after the 1st day of January, 1990, or
B. an amendment to a certificate of approval or provisional
certificate of approval made after the 1st day of January,
1990.
4. The thermal treatment equipment shall be located,
i. so that it is accessible for the transportation of wastes thereto
without nuisance,
ii. taking into account meteorological considerations to minimize
environmental effects, and
iii. so that the services and utilities required for the operation of the
thermal treatment equipment are available, including facilities for
the disposal of residue and of quenching and scrubbing water.
5. The design and capacity of the thermal treatment equipment shall be of a
type and size adequate to efficiently process the quantities of waste that
may be expected, so that a minimum volume of residue is obtained, the
putrescible materials remaining as residue are reduced to a minimum
and a minimum of air pollution results.
6. The following equipment shall be provided as necessary for particular
applications:
i. Scales for the accurate determination of the input of all wastes by
weight.
ii. A storage pit or other storage facilities.
iii. A crane or other means of removing waste from the pit or other
storage facilities.
iv. Means of controlling dusts and odours.
v. Such instruments as may be necessary for the efficient operation of
the thermal treatment equipment.
7. The thermal treatment site shall include an unloading area properly
enclosed and of sufficient size for the intended operation.
8. Access roads shall be provided for vehicles hauling waste to the thermal
treatment site.
9. On-site fire protection shall be provided and, where possible,
arrangements shall be made with a fire department or municipality for
adequate fire fighting services in case of an emergency.
10. Scavenging shall not be permitted. R.R.O. 1990, Reg. 347, s. 12;
O. Reg. 102/07, s. 7; O. Reg. 337/09, s. 6.
12.1 Revoked: O. Reg. 512/95, s. 2.
13. The following are prescribed as standards for the location, maintenance
and operation of a dump:
1. The fill area shall not be subject to flooding and shall be so located that
no direct drainage leads to a watercourse.
2. The site shall be at least one-quarter of a mile from the nearest dwelling.
3. The site shall be at least two hundred yards from the nearest public road.
4. The site shall be at least 100 feet from any watercourse, lake or pond.
5. The site shall not be on land covered by water.
6. Signs shall be posted stating requirements for the operation of the dump,
including measures for the control of vermin and insect infestation.
7. The site shall be so located and operated as to reduce to a minimum the
hazards resulting from fire.
8. The operator of a dump shall apply such cover material at such intervals
as is necessary to prevent harm or material discomfort to any person.
9. Scavenging shall not be permitted. R.R.O. 1990, Reg. 347, s. 13.
14. (1) No dump shall be established, altered, enlarged or extended in
Ontario. O. Reg. 337/09, s. 7 (1).
(2), (3) Revoked: O. Reg. 337/09, s. 7 (2).
14.0.1 If hazardous waste is being handled, stored, treated or disposed of at
a waste disposal site or transferred to a waste disposal site, no person shall cause
or permit the hazardous waste to be mixed, blended, bulked or in any other way
intermingled with any other waste or material, unless the mixing, blending,
bulking or other intermingling is in accordance with a certificate of approval or
provisional certificate of approval issued under Part V of the Act for the waste
disposal site. O. Reg. 461/05, s. 5.
14.1 The following are prescribed as standards for the location, maintenance
and operation of waste disposal sites for hauled sewage:
1. A person shall not apply hauled sewage in any manner that permits it to
enter a watercourse or drainage ditch.
2. A person shall not apply hauled sewage in any manner that results in
runoff leaving the site.
3. If the operator of a proposed site is not the owner of the land on which
the site is to be located, the operator must, before applying for a
certificate of approval for the site, obtain written authorization from the
owner for the proposed use of the site. O. Reg. 157/98, s. 5.
14.2 (1) Subject to subsection (3), no person shall cause or permit waste
from a portable toilet to be applied to land or otherwise deposited at a site except,
(a) at a waste disposal site that has been issued a certificate of approval or
provisional certificate of approval permitting the temporary storage of
hauled sewage and from which the hauled sewage is not subsequently
removed and disposed of except in accordance with this section;
(b) at a waste disposal site that has been issued a certificate of approval or
provisional certificate of approval permitting the disposal of hauled
sewage for drying and requiring the dried residue to be periodically
removed and disposed of at a waste disposal site approved to accept the
dried residue;
(c) at a landfilling site that has been issued a certificate of approval or
provisional certificate of approval for the final disposal of hauled
sewage;
(d) at a sewage works that has been approved under section 53 of the
Ontario Water Resources Act to receive sanitary sewage or hauled
sewage; or
(e) at a site that has been issued a certificate of approval or provisional
certificate of approval permitting the processing of waste and that
processes waste in a manner that ensures that the waste meets all of the
following requirements after it has been processed:
(i) the concentration of Escherichia coli (E. coli) in the waste is not
more than 2x106 colony forming units per gram of total solids (dry
weight),
(ii) the concentration in the waste of each metal listed in the Table to
this section is not more than the maximum concentration set out
for that metal in the Table,
(iii) the pH value of the waste is not less than 6.0,
(iv) the waste has been passed through a screen and contains no more
than 0.5 per cent dry weight of plastic objects and no more than 2
per cent dry weight of other non-biodegradable objects, including,
but not limited to, glass and metal objects. O. Reg. 326/03, s. 1.
(2) Subsection (1) applies despite anything contained in a certificate of
approval or a provisional certificate of approval that was issued before this section
comes into force. O. Reg. 326/03, s. 1.
(3) No person shall cause or permit waste from a portable toilet to be
disposed of at an organic soil conditioning site unless,
(a) the organic soil conditioning site has been issued a certificate of
approval or provisional certificate of approval permitting the spreading
or application of treated waste from a portable toilet;
(b) the waste has been treated so that the concentration of Escherichia coli
(E. coli) is not more than 2x106 colony forming units per gram of total
solids (dry weight);
(c) the concentration in the waste of each metal listed in the Table to this
section is not more than the maximum concentration set out for that
metal in the Table;
(d) the pH value of the treated waste is not less than 6.0; and
(e) the waste has been passed through a screen and contains no more than
0.5 per cent dry weight of plastic objects and no more than 2 per cent
dry weight of other non-biodegradable objects, including, but not
limited to, glass and metal objects. O. Reg. 326/03, s. 1.
TABLE
Item Metal Maximum Permissible Concentration (In mg/kg Of Solids, Dry Weight)
1. Arsenic 170
2. Cadmium 34
3. Cobalt 340
4. Chromium- 2,800
5. Copper 1,700
6. Mercury 11
7. Molybdenum 94
8. Nickel 420
9. Lead 1,100
10. Selenium 34
11. Zinc 4,200
O. Reg. 326/03, s. 1.
15. The following are prescribed as standards for the location, maintenance
and operation of an organic soil conditioning site:
1. The site shall be so located that it is an adequate distance from any
watercourse, as determined by the land slope, to prevent direct surface
drainage to the watercourse.
2. The site shall be at least 300 feet from the nearest individual dwelling.
3. The site shall be at least 1,500 feet from any area of residential
development.
4. The site shall be so located that the maximum level of the ground water
table at the site is at a sufficient distance below the surface to prevent
the impairment of ground water in aquifers as determined by the
permeability of the soil.
5. The site shall be at least 300 feet from any water wells.
6. No processed organic waste shall be applied to the site during any period
in which conditions are such that surface runoff is likely to occur taking
into account land slope, soil permeability and the climatic conditions of
the area.
7. The site shall be established only on land that is, or is intended to be,
used for pasture, fallow or the growing of forage crops,
i. during the current growing season, or
ii. where application of the processed organic waste is made sometime
after the current growing season, to the end of the subsequent
growing season.
8. Berms and dykes of low permeability shall be constructed on the site
where necessary to isolate the site and effectively prevent the egress of
contaminants. R.R.O. 1990, Reg. 347, s. 15.
16. (1) The following are prescribed as standards for the operation of a
waste management system:
1. All waste collection vehicles and waste carriers shall be so constructed as
to enable waste to be transferred safely and without nuisance from
storage containers to the vehicle.
2. Bodies of waste collection vehicles and waste carriers shall be so
constructed as to withstand abrasion and corrosion from the waste.
3. Bodies of waste collection vehicles and waste carriers shall be leakproof
and covered where necessary to prevent the emission of offensive
odours, the falling or blowing of waste material from the vehicles or the
release of dust or other air-borne materials that may cause air pollution.
4. Valves that are part of a waste transportation vehicle used for
transporting liquid industrial waste or hazardous waste shall have a
locking mechanism and shall be locked when the vehicle contains the
waste and the driver of the vehicle is not in attendance.
5. Whenever liquid industrial waste or hazardous waste is being transferred
to or from a waste transportation vehicle, the driver of the vehicle must
be present unless the generator or receiver is present.
5.1 If hazardous waste is being transferred to or from a waste transportation
vehicle or is being transported in a waste transportation vehicle, no
person shall cause or permit the hazardous waste to be mixed, blended,
bulked or in any other way intermingled with any other waste or
material, unless,
i. the mixing, blending, bulking or other intermingling is in
accordance with a certificate of approval or provisional certificate
of approval issued under Part V of the Act for the receiving
facility named in the manifest that is related to the waste
transportation vehicle’s load, and the carrier has, accompanying
the load, a document from the owner or operator of the receiving
facility agreeing to accept the mixed, blended, bulked or otherwise
intermingled waste, or
ii. the mixing, blending, bulking or other intermingling is done in
accordance with a certificate of approval or provisional certificate
of approval issued under Part V of the Act for a waste
transportation system that the waste transportation vehicle is part
of.
6. A waste transportation vehicle used for transporting liquid industrial
waste or hazardous waste shall be clearly marked with the name and
number appearing on the certificate of approval or provisional
certificate of approval that authorizes the transportation.
7. Where a waste transportation vehicle is used for transporting liquid
industrial waste or hazardous waste, a copy of the certificate of
approval or provisional certificate of approval that authorizes that
transportation shall be kept in the vehicle.
8. A waste transportation vehicle used for transporting liquid industrial
waste or hazardous waste shall be constructed, maintained, operated
and marked or placarded in accordance with the applicable
requirements of the Transportation of Dangerous Goods Act (Canada).
9. The driver of a waste transportation vehicle used for the transportation of
liquid industrial waste or hazardous waste shall be trained in,
i. the operation of the vehicle and waste management equipment,
ii. relevant waste management legislation, regulations and guidelines,
iii. major environmental concerns pertaining to the waste to be
handled,
iv. occupational health and safety concerns pertaining to the waste to
be handled, and
v. emergency management procedures for the wastes to be handled.
10. A waste transportation vehicle used for transporting municipal waste
shall be clearly marked with the name and number appearing on the
certificate of approval or provisional certificate of approval that
authorizes the transportation.
11. Where a waste transportation vehicle is used for transporting municipal
waste, a copy of the certificate of approval or provisional certificate of
approval that authorizes that transportation shall be kept in the vehicle.
12. If the waste management system is used for hauled sewage, the operator
of the system shall ensure that every tank used for the transportation of
hauled sewage has inscribed in plain view the words “Sewage Waste”
in letters that are at least 15 centimetres in height, unless the tank bears
a company designation in letters of at least that height that clearly
indicates the nature of the contents.
13. If the waste management system is used for hauled sewage, the operator
of the system shall ensure that any part of the system that comes into
contact with hauled sewage is not used for the collection, handling,
treatment, transportation, storage or processing of any material other
than hauled sewage or a material approved in writing by the Director.
14. A person shall not discharge or permit the discharge of hauled sewage
from a tank that is part of a waste management system to the ground
except in accordance with terms and conditions contained in a
certificate of approval, provisional certificate of approval or order.
R.R.O. 1990, Reg. 347, s. 16; O. Reg. 105/94, s. 7 (1); O. Reg. 157/98,
s. 6 (1); O. Reg. 461/05, s. 6.
(2) Paragraphs 10 and 11 of subsection (1) do not apply,
(a) if the vehicle is owned and operated by or operated exclusively for a
municipality or the Crown; or
(b) if the vehicle is operating as part of a waste management system that is
exempt from the requirement of having a certificate of approval or
provisional certificate of approval. O. Reg. 105/94, s. 7 (2).
(3) Paragraph 13 of subsection (1) does not apply if,
(a) the part of the waste management system that came into contact with
hauled sewage is not used for the collection, handling, treatment,
transportation, storage or processing of hazardous waste, hauled liquid
industrial waste or liquids for human or animal consumption;
(b) the part of the system that came into contact with hauled sewage is used
for the collection, handling, treatment, transportation, storage or
processing of other liquid material and the owner or operator of the
system obtains every approval required for that purpose; and
(c) the part of the system that came into contact with hauled sewage is
cleaned, to the satisfaction of any person to whom the other liquid
material will be transferred, before that part of the system is used for the
collection, handling, treatment, transportation, storage or processing of
the other liquid material. O. Reg. 157/98, s. 6 (2).
(4) If, pursuant to subsection (3), a part of a waste management system that
came into contact with hauled sewage is used for the collection, handling,
treatment, transportation, storage or processing of other liquid material, a person
shall not use that part of the system again for hauled sewage unless it, and any
other part of the system that was contaminated during the collection, handling,
treatment, transportation, storage or processing of the other liquid material, has
been cleaned to the satisfaction of the Director. O. Reg. 157/98, s. 6 (2).
(5) The operator of a waste management system for hauled sewage shall,
(a) keep daily records of the premises from which hauled sewage is
collected and the amounts of sewage collected from those premises;
(b) keep daily records of the disposal site or disposal sites at which hauled
sewage is discharged or disposed of and the amounts of hauled sewage
discharged or disposed of at those sites; and
(c) keep the daily records required by clauses (a) and (b) available for
review by the Director, as the Director may require, for a period of at
least two years after the calendar year to which the records relate.
O. Reg. 157/98, s. 6 (2).
16.1 The following are prescribed as standards for the operation and
maintenance of vehicle sewage holding tanks:
1. A person shall not discharge or permit the discharge of effluent from a
vehicle sewage holding tank to the surface of the ground or into ground
water, surface water, a piped water supply, a well water supply, a
watercourse or a drainage ditch.
2. A person shall not discharge or permit the discharge of effluent from a
vehicle sewage holding tank except from a place on or part of the tank,
or from a piping system connected to the tank, that is designed to
discharge effluent.
3. The owner and the operator of a vehicle sewage holding tank shall ensure
that insects and animals are prevented from gaining access to sewage in
the tank.
4. The owner and the operator of a vehicle sewage holding tank shall ensure
that the tank does not discharge micro organisms of intestinal origin
into the natural environment in a manner that may be hazardous to
human health.
5. The owner and the operator of a vehicle sewage holding tank shall ensure
that no gas is discharged into a building or structure from the tank or a
piping system connected to the tank except in a manner for which the
tank or piping system was designed.
6. The owner and the operator of a vehicle sewage holding tank shall ensure
that the tank does not receive any waste other than in-vehicle sewage
produced in the vehicle.
7. The owner and the operator of a vehicle sewage holding tank shall ensure
that the tank and any piping system connected to the tank are
maintained in good operating condition. O. Reg. 157/98, s. 7.
MANAGEMENT OF ASBESTOS WASTE
17. No person shall manage asbestos waste except in accordance with the
following:
1. No person shall cause or permit asbestos waste to leave the location at
which it is generated except for the purpose of transporting it, in
accordance with paragraph 2, to a waste disposal site, the operator of
which has agreed to accept it and has been advised as to its anticipated
time of arrival.
2. Asbestos waste transported to a waste disposal site shall,
i. be in a rigid, impermeable, sealed container of sufficient strength to
accommodate the weight and nature of the waste, or
ii. where the asbestos waste is being transported in bulk, be
transported by means of a waste management system operating
under a certificate of approval or provisional certificate of
approval that specifically authorizes the transportation of asbestos
waste in bulk.
3. Where a container referred to in subparagraph i of paragraph 2 is a
cardboard box, the waste must be sealed in a six-mil polyethylene bag
placed within the box.
4. Every container referred to in subparagraph i of paragraph 2 must be free
from punctures, tears or leaks.
5. The external surfaces of every container referred to in subparagraph i of
paragraph 2 and of every vehicle or vessel used for the transport of
asbestos waste must be free from asbestos waste.
6. Both sides of every vehicle used for the transportation of asbestos waste
and every container referred to in subparagraph i of paragraph 2 must
display thereon in large, easily legible letters that contrast in colour
with the background the word “CAUTION” in letters not less than ten
centimetres in height and the words:
CONTAINS ASBESTOS FIBRES
Avoid Creating Dust and Spillage
Asbestos May be Harmful To Your Health
Wear Approved Protective Equipment.
7. Asbestos waste being transported from the location at which it is
generated,
i. shall be transported,
A. by a driver trained in the management of asbestos waste,
B. as directly as may be practicable, to the waste disposal site at
which disposal of the asbestos waste is intended to take
place,
ii. shall not be transferred to a transfer station or other waste
disposal site where disposal of the asbestos waste will not take
place, but it may be transported to a waste disposal site operating
under a certificate of approval or provisional certificate of
approval that specifically authorizes acceptance and processing of
asbestos waste,
iii. shall not be transported with any other cargo in the same vehicle,
iv. shall not be transported in a compaction type waste haulage
vehicle,
v. where it is being transported in cardboard boxes, shall be in an
enclosed vehicle,
vi. shall be properly secured and covered with a suitable tarpaulin or
net if it is transported in a vehicle that is not enclosed, and
vii. shall be transported only in vehicles equipped with emergency
spill cleanup equipment including a shovel, a broom, wetting
agent, protective clothing, a supply of six-mil polyethylene bags,
bag closures and personal respiratory equipment.
8. During the transportation or unloading thereof, any asbestos waste that is
loose or in a container that is punctured, broken or leaking shall be
packaged, immediately on discovery, in a six-mil polyethylene bag.
9. Where containers of asbestos waste are being unloaded, the unloading
shall be carried out so that no loose asbestos or punctured, broken or
leaking containers of asbestos waste are landfilled.
10. Asbestos waste may be deposited only at locations in a landfilling site
that have been adapted for the purpose of receiving asbestos waste or
are otherwise suitable for that purpose.
11. Asbestos waste may be deposited at a landfilling site only while the
depositing is being supervised by the operator of the site or a person
designated by the operator for the purpose and the person supervising is
not also operating machinery or the truck involved.
12. Where asbestos waste is deposited, as set out in paragraph 10, at least
125 centimetres of garbage or cover material must be placed forthwith
over the deposited asbestos waste in such a manner that direct contact
with compaction equipment or other equipment operating on the site is
avoided.
13. Every person handling asbestos waste or containers of asbestos waste,
supervising the unloading of asbestos waste in bulk or cleaning asbestos
waste residues from containers, vehicles or equipment shall wear
protective clothing and personal respiratory equipment while so doing.
14. Protective clothing that has been or is suspected of having been in
contact with asbestos waste shall be changed at the site of the exposure
and either properly disposed of as asbestos waste or washed at the end
of the working day.
15. Disposable protective clothing shall not be reused.
16. Every person directly or indirectly involved in the transportation,
handling or management of asbestos waste shall take all precautions
necessary to prevent asbestos waste from becoming airborne. R.R.O.
1990, Reg. 347, s. 17.
WASTE GENERATION FACILITIES
17.1 (1) Sections 27, 40 and 41 of the Act do not apply to a waste
generation facility in respect of the activities set out in subsection (2), to the extent
that those activities relate to,
(a) waste that was produced at the waste generation facility, other than PCB
waste; or
(b) waste that came legally to the waste generation facility but was not
produced at the facility, other than PCB waste, soil or a soil mixture.
O. Reg. 461/05, s. 7.
(2) The following activities are the activities referred to in subsection (1):
1. The production, collection, handling or temporary storage of municipal
waste.
2. The production, collection, handling or temporary storage of subject
waste.
3. The processing of waste, if the processing does not involve,
i. the combustion or land application of municipal waste, hazardous
waste or liquid industrial waste,
ii. the mixing, blending, bulking or other intermingling of waste or
other material with characteristic waste or listed waste that,
pursuant to section 75, 76, 77, 78 or 79, may not be land disposed,
or
iii. the processing of soil.
4. The processing of municipal waste with on-site thermal treatment
equipment that, pursuant to subsection 28 (1) of this Regulation, is
exempt from the operation of section 27 of the Act.
5. The processing of characteristic waste or listed waste, if the processing
involves the mixing, blending, bulking or other intermingling of waste
or other material with the characteristic waste or listed waste, and,
i. the processing will, by itself or in conjunction with other processing,
permit the land disposal of the characteristic waste or listed waste
under section 75, 76, 77, 78 or 79, or
ii. the mixed, blended, bulked or otherwise intermingled waste is to be
transported to a receiving facility, the mixing, blending, bulking or
other intermingling is in accordance with a certificate of approval
or provisional certificate of approval issued under Part V of the
Act for the receiving facility, and the operator of the waste
generation facility has, at the waste generation facility, a document
from the owner or operator of the receiving facility agreeing to
accept the mixed, blended, bulked or otherwise intermingled
waste.
6. The processing of waste so that it becomes exempt from Part V of the
Act and this Regulation under paragraph 7 of subsection 3 (1).
7. The introduction of waste into, and the processing of waste in
preparation for the introduction of the waste into,
i. a sewage works that is subject to the Ontario Water Resources Act
or that was established before August 3, 1957, or
ii. a sewage system regulated under Part 8 of Ontario Regulation
403/97 (Building Code) made under the Building Code Act, 1992.
8. The packaging or offering of waste for retail sale to meet a realistic
market demand, and the processing of waste, if the processing is for the
purpose of packaging or offering the waste for retail sale to meet a
realistic demand.
9. The transfer to a waste transportation vehicle of,
i. municipal waste, or
ii. subject waste, other than characteristic waste or listed waste that,
pursuant to section 75, 76, 77, 78 or 79, may not be land disposed.
10. The transfer to a waste transportation vehicle of characteristic waste or
listed waste that, pursuant to section 75, 76, 77, 78 or 79, may not be
land disposed, if the transfer does not involve the mixing, blending,
bulking or other intermingling of the characteristic waste or listed waste
with any other waste or material.
11. The transfer to a waste transportation vehicle of characteristic waste or
listed waste that, pursuant to section 75, 76, 77, 78 or 79, may not be
land disposed, if the transfer involves the mixing, blending, bulking or
other intermingling of the characteristic waste or listed waste with any
other waste or material and,
i. the mixing, blending, bulking or other intermingling is in
accordance with a certificate of approval or provisional certificate
of approval issued under Part V of the Act for the receiving
facility named in the manifest that is related to the waste
transportation vehicle’s load, and the carrier has, accompanying
the load, a document from the owner or operator of the receiving
facility agreeing to accept the mixed, blended, bulked or otherwise
intermingled waste, or
ii. the mixing, blending, bulking or other intermingling is done in
accordance with a certificate of approval or provisional certificate
of approval issued under Part V of the Act for a waste
transportation system that the waste transportation vehicle is part
of. O. Reg. 461/05, s. 7; O. Reg. 102/07, s. 8.
(3) Subsection (1) does not apply to a waste generation facility if waste
management is the principal function of the waste generation facility. O. Reg.
461/05, s. 7.
17.2 If a waste generation facility to which subsection 17.1 (1) applies
stores subject waste, the operator and the owner of the facility shall ensure that it
is operated in accordance with the following rules:
1. Subject waste must be stored, handled and maintained so as to prevent,
i. leaks or spills of the waste, or
ii. damage to or deterioration of the container in which the waste is
stored.
2. Subject waste must not be stored for a period exceeding 24 months
unless an application for a certificate of approval respecting the storage
of subject waste by the waste generation facility has been made and not
yet determined.
3. The first time that subject waste is stored at the waste generation facility
for more than 90 days, a notice must be given to the Regional Director,
within five business days after the 90th day of storage, that,
i. describes, as accurately as possible, the nature, amount and location
of subject waste stored, or expected to be stored in the future, at
the waste generation facility for more than 90 days, and
ii. indicates how frequently subject waste is expected to be stored in
the future at the waste generation facility for more than 90 days.
4. If notice is given under paragraph 3, written notice must be given to the
Regional Director of,
i. any change in the information referred to in paragraph 3, within five
business days after the change, or
ii. the closure of the waste generation facility, within five business
days after the closure.
5. If subject waste is stored at the waste generation facility for more than 90
days, a record must be made of the following information within five
business days after the 90th day of storage:
i. The name and waste number of the waste.
ii. The quantity of the waste.
iii. The manner in which the waste is stored.
iv. The reasons for storing the waste.
v. The anticipated time and manner of disposal of the waste.
6. A record made under paragraph 5 must be updated as often as necessary
to ensure that it contains information that is current to within five
business days.
7. A record made or updated under paragraph 5 or 6 must be retained at the
location where subject waste is stored, or
i. the record must be maintained at the head office of the operator or
owner of the facility, and
ii. an electronic copy of the record must be retained at the location
where subject waste is stored.
8. A record made or updated under paragraph 5 or 6 must be retained until
the date that the subject waste is no longer stored, and for at least two
years after that date. O. Reg. 461/05, s. 7; O. Reg. 337/09, s. 8.
GENERATOR REGISTRATION
18. (1) Every generator who operates a waste generation facility that is
involved in the production, collection, handling or storage of subject waste shall,
(a) before transferring any subject waste from that waste generation facility
or within three months after producing, collecting or storing subject
waste at that facility, submit an initial Generator Registration Report to
the Director in respect of the facility; and
(b) on or before February 15 in every year after the year in which an initial
report is submitted under clause (a), submit an annual Generator
Registration Report to the Director in respect of each waste generation
facility operated by the generator. O. Reg. 337/09, s. 9 (1).
(1.1) Subsection (1) applies to waste produced, collected, handled or stored
at the waste generation facility that is subject waste and that is characteristic waste
or listed waste, even if the waste ceases to be hazardous waste while it is at the
facility. O. Reg. 461/05, s. 8 (1).
(2) Every report referred to in subsection (1) or (6) shall be in the form or
format provided or approved by the Ministry, shall comply with the Manual and
shall contain the data, analysis and other information necessary to enable the
Director to satisfy himself or herself of the following:
1. The quality, quantity and nature of the waste.
2. The required treatment for the waste and the planned treatment for the
waste.
3. The intended manner and location of the disposal of the waste or, if the
waste is not to be disposed, the use to which the waste will be put.
4. Compliance with all applicable legal requirements. O. Reg. 461/05,
s. 8 (2).
(3) Upon receipt of an initial or annual Generator Registration Report and
the required fee, the Director shall post on the Ministry website a generator
registration document for the waste generation facility that is the subject of the
Generator Registration Report setting out the date of the posting, the name of the
generator, a generator registration number and the applicable waste numbers
accepted by the Director. O. Reg. 501/01, s. 2 (1).
(4) A generator registration document posted under subsection (3) is valid
until the earlier of the posting of a revised or subsequent generator registration
document in respect of the same waste generation facility and February 15 of the
year after the year in which the document was posted. O. Reg. 501/01, s. 2 (1).
(5) Revoked: O. Reg. 461/05, s. 8 (3).
(6) If there is any change from the information submitted in an initial
Generator Registration Report, the most recent annual Generator Registration
Report or any previous supplementary Generator Registration Reports, the
generator shall submit a supplementary Generator Registration Report to the
Director within 15 days after the change. O. Reg. 461/05, s. 8 (4).
(6.1) A generator who submits an initial, annual or supplementary Generator
Registration Report to the Director shall make a record of all data, analysis and
other information used in the preparation of the report, and shall keep the record,
for at least three years, at the waste generation facility, or
(a) shall keep the record, for at least three years, at the head office of the
generator; and
(b) shall keep an electronic copy of the record, for at least three years, at the
waste generation facility. O. Reg. 337/09, s. 9 (2).
(7) Upon receipt of a supplementary Generator Registration Report that
relates to a valid generator registration document, the Director shall post on the
Ministry website a revised generator registration document. O. Reg. 501/01,
s. 2 (1).
(7.1) No generator shall transfer a particular subject waste from a waste
generation facility to a waste transportation system unless a valid generator
registration document for that waste generation facility with a waste number for
that particular subject waste is posted on the Ministry website. O. Reg. 501/01,
s. 2 (1).
(7.2) In all transfers of subject waste under this Regulation, every generator
shall use the generator registration number issued in respect of the waste
generation facility from which the subject waste is being transferred and the
applicable waste numbers set out in the Manual. O. Reg. 501/01, s. 2 (1).
(8) Every generator shall keep a record of the subject waste disposed of at
the waste generation facility including the name, waste number, quantity and
disposition of the waste. R.R.O. 1990, Reg. 347, s. 18 (8).
(9) A record referred to in subsection (8) may be disposed of after two
years. R.R.O. 1990, Reg. 347, s. 18 (9).
(10) Revoked: O. Reg. 461/05, s. 8 (5).
(11) A generator who transfers subject waste to a waste transportation
system shall, within four weeks after the transfer, confirm that the waste was
delivered to the intended receiving facility or to another receiving facility
approved to accept the waste, and, if the generator does not confirm the delivery
within that period, the generator shall, within six weeks after the transfer, notify
the Regional Director in writing that the delivery has not been confirmed. O. Reg.
337/09, s. 9 (3).
(12) In unusual circumstances, such as a spill, a process aberration or upset,
or the circumstances described in subsection 22 (2), where a generator discovers
that a generator registration number or a waste number is needed to comply with
this Regulation in the disposal of subject waste, the Regional Director of the
Ministry or an alternate named by him or her may assign a generator registration
number or accept a waste number identified by the generator. R.R.O. 1990, Reg.
347, s. 18 (12).
(13) Where a generator registration number is assigned under subsection
(12), subsection (7.1) does not apply and subsections (1) and (2) shall be complied
with within ninety days. O. Reg. 501/01, s. 2 (2).
(14) Where a waste number is accepted under subsection (12), subsection
(7.1) does not apply. O. Reg. 501/01, s. 2 (2).
(14.1) Subsection (11) does not apply if an electronic manifest is used.
O. Reg. 501/01, s. 2 (2).
(15) Revoked: O. Reg. 337/09, s. 9 (4).
MANIFESTS — GENERATOR REQUIREMENTS
19. (1) No generator shall permit subject waste to pass from the generator’s
control or to leave the waste generation facility except,
(a) by transfer of the subject waste to a waste transportation system
operating under a certificate of approval or provisional certificate of
approval and where the generator has completed a manifest in respect
of the waste in accordance with the Manual and this Regulation; or
(b) by direct discharge to a sewage works, other than a storm sewer, that is
subject to the Ontario Water Resources Act or was established before
August 3, 1957, or into a sewage system regulated under Part 8 of the
Building Code made under the Building Code Act, 1992. R.R.O. 1990,
Reg. 347, s. 19 (1); O. Reg. 460/99, s. 3; O. Reg. 501/01, s. 3; O. Reg.
337/09, s. 10.
(2) No generator shall transfer subject waste to a waste transportation
system unless the subject waste is so packaged or marked that it meets the
transport requirements of the Transportation of Dangerous Goods Act (Canada).
R.R.O. 1990, Reg. 347, s. 19 (2).
MANIFESTS — CARRIER REQUIREMENTS
20. (1) Every carrier shall report to the Director the number of every intact
manifest supplied to the carrier that is lost, spoiled or used other than in
accordance with this Regulation, within 15 days after the carrier becomes aware of
the loss, spoilage or use. O. Reg. 337/09, s. 11.
(2) Every carrier shall return to the Director every intact manifest or partial
manifest supplied to the carrier that is not used for the purposes of this Regulation
because it has been spoiled or completed erroneously or for any other reason,
within three days after the carrier has decided not to use the manifest. O. Reg.
501/01, s. 4.
20.1 (1) No carrier shall have possession of subject waste in Ontario unless
the waste was accepted from a generator and waste generation facility for which a
valid generator registration document for that waste generation facility with a
waste number for that particular subject waste is posted on the Ministry website.
O. Reg. 501/01, s. 5.
(2) Subsection (1) does not apply in respect of subject waste,
(a) accepted from a generator to whom section 18 does not apply; or
(b) accepted from outside Ontario for the purpose of being transported for
transfer to a receiving facility outside Ontario. O. Reg. 501/01, s. 5.
21. (1) No carrier shall have possession of subject waste unless the carrier
has, accompanying the waste, a manifest in respect of the waste, completed by the
generator in accordance with the Manual and this Regulation, except during a
transfer while the manifest is being completed by a generator or receiver. R.R.O.
1990, Reg. 347, s. 21 (1); O. Reg. 460/99, s. 4.
(2) For purposes of subsection (1), a manifest is not completed by a
generator in accordance with this Regulation if it contains an obvious error.
R.R.O. 1990, Reg. 347, s. 21 (2).
(3) A printed copy of an electronic manifest with sections A and B
completed shall be sufficient for the purposes of subsection (1). O. Reg. 501/01,
s. 6.
22. (1) No carrier shall permit subject waste to pass from the carrier’s
control except in accordance with this Regulation. R.R.O. 1990, Reg. 347,
s. 22 (1).
(2) A carrier, with the specific approval of a Regional Director of the
Ministry or an alternate named by him or her, may transfer subject waste in
Ontario to another vehicle in the same waste transportation system or to a waste
transportation system operating under a certificate of approval or provisional
certificate of approval or to a receiving facility to alleviate a dangerous situation.
R.R.O. 1990, Reg. 347, s. 22 (2).
(3) Where a truckload or less of subject waste has been transferred by a
generator to a waste transportation system, the carrier shall, on the day the waste is
transferred, transport the waste to the receiving facility named in the manifest
related to that load unless the carrier is permitted to do otherwise by subsection (2)
or section 27. R.R.O. 1990, Reg. 347, s. 22 (3); O. Reg. 337/09, s. 12.
MANIFESTS — TRANSPORT WITHIN ONTARIO
23. (1) This section applies where a generator transfers subject waste in
Ontario to a waste transportation system for transport to a receiving facility in
Ontario and, for the purpose of this section, “generator” includes a carrier to
whom subsection 22 (2) applies. R.R.O. 1990, Reg. 347, s. 23 (1).
(2) Where subject waste is transferred to a waste transportation system by a
generator and a paper manifest is used,
(a) for each truckload or part of a truckload that is transferred, the carrier
shall,
(i) complete section B (Carrier) of an intact manifest in accordance
with the Manual, and
(ii) at the time of the transfer, give the manifest to the generator; and
(b) for each truckload or part of a truckload that is transferred, the generator
shall,
(i) at the time of the transfer, obtain from the carrier the intact
manifest, with section B completed, complete section A
(Generator) of the manifest in accordance with the Manual,
remove Copy 1 (White) and Copy 2 (Green) of the manifest, and
return the remaining four copies to the carrier,
(ii) return Copy 1 (White) of the manifest to the Director within three
working days after the transfer, and
(iii) retain Copy 2 (Green) of the manifest, for at least two years, at the
waste generation facility, or
(A) retain Copy 2 (Green) of the manifest, for at least two years,
at the head office of the generator, and
(B) retain an electronic copy of the manifest, for at least two
years, at the waste generation facility. O. Reg. 337/09, s. 13
(1).
(2.1) Where subject waste is transferred to a waste transportation system by
a generator and an electronic manifest is used, for each truckload or part thereof
transferred, at the time of the transfer,
(a) the generator shall give the carrier electronic access to the manifest;
(b) the carrier shall electronically complete section B (Carrier) of the
manifest; and
(c) the generator shall,
(i) electronically complete section A (Generator) of the manifest in
accordance with the Manual,
(ii) give the receiver electronic access to the manifest,
(iii) electronically submit the manifest, with sections A and B
completed, to the Director, and
(iv) if requested by the carrier, print a paper copy of the manifest, as
submitted under subclause (iii), and give it to the carrier. O. Reg.
501/01, s. 7 (2).
(3) A carrier may transfer subject waste,
(a) with the specific approval of a Regional Director of the Ministry or an
alternate named by him or her, to another vehicle of the same waste
transportation system, to a waste transportation system operating under
a certificate of approval or provisional certificate of approval or to a
specified receiving facility as mentioned in clause (b), (c) or (d) to
alleviate a dangerous situation;
(b) to a waste disposal site operating under a certificate of approval or
provisional certificate of approval authorizing acceptance of the waste;
(c) with the consent of the owner of the sewage works, to a sewage works
for which an approval under the Ontario Water Resources Act has been
issued and that is not in contravention of the approval; or
(d) to a waste-derived fuel site having a combustion unit operating under a
certificate of approval issued under section 9 of the Act authorizing
acceptance and combustion of the waste. R.R.O. 1990, Reg. 347,
s. 23 (3).
(4) Every carrier transferring waste under subsection (3) shall, at the time of
the transfer, give the receiver the remaining four parts of the paper manifest, or the
number of the electronic manifest, completed for that load of waste. O. Reg.
501/01, s. 7 (3).
(5) Where a transfer of subject waste takes place under subsection (3) and a
paper manifest is used, the receiver shall,
(a) at the time of the transfer, obtain from the carrier the remaining four
copies of the manifest referred to in subclause (2) (b) (i), with sections
A and B completed, complete section C (Receiver) of the remaining
four copies of the manifest in accordance with the Manual, remove
Copy 4 (Pink), and return Copy 4 (Pink) to the carrier;
(b) remove Copy 3 (Yellow) of the manifest and return it to the Director
within three working days after the transfer;
(c) retain Copy 5 (Blue) of the manifest, for at least two years, at the
receiving facility named in the manifest, or
(i) retain Copy 5 (Blue) of the manifest, for at least two years, at the
head office of the receiver, and
(ii) retain an electronic copy of the manifest, for at least two years, at
the receiving facility named in the manifest; and
(d) remove Copy 6 (Brown) of the manifest and return it to the generator
shown on the manifest within three working days after the transfer.
O. Reg. 337/09, s. 13 (2).
(5.1) Where a transfer of subject waste takes place under subsection (3) and
an electronic manifest is used, the receiver shall obtain from the carrier the number
of the manifest completed for that load, shall electronically access the manifest
and shall, at the time of the transfer,
(a) electronically complete section C (Receiver) of the manifest; and
(b) electronically submit the manifest, with sections A, B and C completed,
to the Director. O. Reg. 501/01, s. 7 (5).
(6) Every carrier transferring waste under subsection (3) shall, prior to
leaving the site of the transfer, obtain from the receiver of the waste Copy 4 (Pink)
of the manifest referred to under clause (5) (a) and shall retain it for a period of
two years. R.R.O. 1990, Reg. 347, s. 23 (6); O. Reg. 337/09, s. 13 (3).
(7) Where a paper manifest is used, every carrier who is the operator of a
waste transportation system for which a certificate of approval or provisional
certificate of approval as a dust suppression waste management system is issued
may deposit for the purpose of dust suppression, in accordance with the approval,
dust suppressant at a dust suppression site designated in the approval and, where
that is done, shall,
(a) at the time of completion of the deposit, complete section C (Receiver)
of the remaining four parts of the applicable manifest received under
subclause (2) (b) (i);
(b) remove Copy 3 (Yellow) of the manifest and return it to the Director
within three working days after the deposit;
(c) retain Copy 4 (Pink) of the manifest for two years; and
(d) remove Copy 6 (Brown) of the manifest and return it to the generator
shown on the manifest within three working days after the deposit.
R.R.O. 1990, Reg. 347, s. 23 (7); O. Reg. 501/01, s. 7 (6); O. Reg.
337/09, s. 13 (4).
(8) Where an electronic manifest is used, every carrier described in
subsection (7) may deposit for the purpose of dust suppression, in accordance with
the approval described in subsection (7), dust suppressant at a dust suppression
site designated in the approval and, where that is done, shall, as quickly as is
reasonably possible following completion of the deposit,
(a) electronically access the manifest completed for that load;
(b) electronically complete section C (Receiver) of the manifest; and
(c) electronically submit the manifest, with sections A, B and C completed,
to the Director. O. Reg. 501/01, s. 7 (7).
MANIFESTS — TRANSPORT OUT OF ONTARIO
24. (1) This section applies where a generator transfers subject waste in
Ontario to a waste transportation system for transport to a receiving facility
outside Ontario. R.R.O. 1990, Reg. 347, s. 24 (1).
(2) Where subject waste is transferred for transport to a receiving facility in
a Canadian jurisdiction, a manifest issued under the Transportation of Dangerous
Goods Act (Canada) or an equivalent manifest issued by a Canadian jurisdiction
may be used for purposes of compliance with this Regulation. R.R.O. 1990, Reg.
347, s. 24 (2).
(3) Where subject waste is transferred for transport to a receiving facility in
a Canadian jurisdiction and the laws of that jurisdiction require submission to
authorities in that jurisdiction of the equivalent of Copy 1 or 3 of a manifest,
submission to the Director of a photocopy of the copy submitted or of a copy
retained may be substituted for the requirement to submit Copy 1 or 3 of a
manifest. R.R.O. 1990, Reg. 347, s. 24 (3).
(4) Where subject waste is transferred to a waste transportation system by a
generator and a paper manifest is used,
(a) for each truckload or portion thereof transferred, the carrier shall
complete section B (Carrier) of an intact manifest and give the manifest,
at the time of the transfer, to the generator; and
(b) for each truckload or portion thereof transferred, the generator shall
obtain from the carrier the intact manifest, with section B completed,
and shall,
(i) at the time of the transfer, complete section A (Generator) in
accordance with the Manual,
(ii) remove Copy 1 (White) and return it to the Director within three
working days after the transfer,
(iii) remove Copy 2 (Green) and retain it, for at least two years, at the
waste generation facility, or
(A) remove Copy 2 (Green) and retain it, for at least two years,
at the generator’s head office, and
(B) retain an electronic copy of the manifest, for at least two
years, at the waste generation facility, and
(iv) return the remaining four copies of the manifest to the carrier at
the time of the transfer. R.R.O. 1990, Reg. 347, s. 24 (4); O. Reg.
460/99, s. 6; O. Reg. 501/01, s. 8 (1); O. Reg. 337/09, s. 14.
(4.1) Where subject waste is transferred to a waste transportation system by
a generator and an electronic manifest is used, for each truckload or part thereof
transferred, at the time of the transfer,
(a) the generator shall give the carrier electronic access to the manifest;
(b) the carrier shall electronically complete section B (Carrier) of the
manifest; and
(c) the generator shall,
(i) electronically complete section A (Generator) of the manifest in
accordance with the Manual,
(ii) give the receiver electronic access to the manifest,
(iii) electronically submit the manifest, with sections A and B
completed, to the Director, and
(iv) if requested by the carrier, print a paper copy of the electronic
manifest, as submitted under subclause (iii), and give it to the
carrier. O. Reg. 501/01, s. 8 (2).
(5) No carrier shall transport subject waste out of Ontario destined for a
receiving facility outside Ontario unless the carrier has reason to believe the
intended receiver is willing to complete section C (Receiver) of the applicable
manifest completed for that load of waste and, in the case of an electronic
manifest, electronically submit the completed manifest to the Director. R.R.O.
1990, Reg. 347, s. 24 (5); O. Reg. 501/01, s. 8 (3).
(6) Where a paper manifest is used, every carrier transferring subject waste
to a receiving facility outside Ontario shall, at the time of the transfer, give the
receiver the remaining four parts of the manifest for completion of section C
(Receiver). O. Reg. 501/01, s. 8 (4).
(7) Where a paper manifest is used, every carrier who transfers waste under
subsection (6) shall,
(a) return Copy 3 (Yellow) of the manifest to the Director within three
working days after the transfer;
(b) retain Copy 4 (Pink) of the manifest for two years; and
(c) remove Copy 6 (Brown) of the manifest and return it to the generator
indicated on the manifest within three working days after the transfer.
R.R.O. 1990, Reg. 347, s. 24 (7); O. Reg. 501/01, s. 8 (5).
(8) Every manifest referred to in subsection (7) shall have section C
(Receiver) completed by the receiver. R.R.O. 1990, Reg. 347, s. 24 (8).
(9) Where an electronic manifest is used, every carrier who transfers subject
waste under subsection (6) shall, at the time of the transfer, give the receiver the
number of the electronic manifest completed for that load of waste and request
that the receiver electronically access the manifest and, at the time of the transfer,
(a) electronically complete section C (Receiver) of the manifest; and
(b) electronically submit the manifest, with sections A, B and C completed,
to the Director. O. Reg. 501/01, s. 8 (6).
(10) Every carrier shall notify the Director forthwith of the number of the
electronic manifest, the name of the receiver, if it is not the same as that set out in
section A of the manifest, and the date of the transfer to the receiver, where the
carrier is aware that the receiver has not complied with a request made under
subsection (9). O. Reg. 501/01, s. 8 (6).
MANIFESTS — TRANSPORT INTO ONTARIO
25. (1) This section applies where subject waste is transferred outside
Ontario to a waste transportation system for transport to a receiving facility in
Ontario. R.R.O. 1990, Reg. 347, s. 25 (1).
(2) Where subject waste is transferred in Canada for transport to a receiving
facility in Ontario, a manifest under the Canadian Environmental Protection Act,
1999 (Canada) or any equivalent manifest issued by a Canadian jurisdiction may
be used for purposes of compliance with this Regulation. R.R.O. 1990, Reg. 347,
s. 25 (2); O. Reg. 337/09, s. 15 (1).
(3) Where a paper manifest is used, no carrier shall bring subject waste into
Ontario for purposes of transport to a receiving facility in Ontario unless,
(a) Revoked: O. Reg. 501/01, s. 9 (2).
(b) for each truckload or portion thereof to be transferred, the carrier
completed section B (Carrier) of an intact manifest and gave it, at the
time of the transfer, to the generator for completion of section A
(Generator) and return to the carrier; and
(c) the applicable manifest with section B (Carrier) completed by the carrier
and section A (Generator) completed by the generator accompanies the
waste. R.R.O. 1990, Reg. 347, s. 25 (3); O. Reg. 501/01, s. 9 (1, 2).
(3.1) Where an electronic manifest is used, no carrier shall bring subject
waste into Ontario for purposes of transport to a receiving facility in Ontario
unless, for each truckload or portion thereof to be transferred, at the time of the
transfer from the generator,
(a) the carrier electronically completed section B (Carrier) of the manifest;
and
(b) the generator electronically completed section A (Generator) of the
manifest and electronically submitted the manifest, with sections A and
B completed, to the Director. O. Reg. 501/01, s. 9 (3).
(4) Where a paper manifest is used, every carrier who brings subject waste
into Ontario for transfer to a receiving facility in Ontario shall forward to the
Director, within three working days after the out of province transfer, Copy 1
(White) of the manifest showing the generator registration number and the
applicable waste number. O. Reg. 501/01, s. 9 (4).
(5) A carrier may transfer subject waste,
(a) to a waste disposal site operating under a certificate of approval or
provisional certificate of approval authorizing acceptance of the waste;
(b) with the consent of the owner of the sewage works, to a sewage works
for which an approval under the Ontario Water Resources Act has been
issued, and that is not in contravention of the approval; or
(c) to a waste-derived fuel site having a combustion unit operating under a
certificate of approval issued under section 9 of the Act authorizing
acceptance and combustion of the waste. R.R.O. 1990, Reg. 347,
s. 25 (5).
(6) Every carrier transferring waste under subsection (5) shall, at the time of
the transfer, give the receiver the remaining four parts of the paper manifest
completed in respect of the waste or number of the electronic manifest completed
in respect of the waste, as the case may be. O. Reg. 501/01, s. 9 (5).
(7) Where a transfer of subject waste takes place under subsection (5) and a
paper manifest is used, the receiver shall obtain from the carrier the remaining four
parts of the manifest completed in respect of that load of waste and shall,
(a) at the time of the transfer, complete section C (Receiver) of the
remaining four parts of the manifest in accordance with the Manual;
(b) remove Copy 3 (Yellow) of the manifest and return it to the Director
within three working days after the transfer;
(c) remove Copy 4 (Pink) of the manifest and return it to the carrier at the
time of the transfer;
(d) retain Copy 5 (Blue) of the manifest, for at least two years, at the
receiving facility named in the manifest, or
(i) retain Copy 5 (Blue) of the manifest, for at least two years, at the
receiver’s head office, and
(ii) retain an electronic copy of the manifest, for at least two years, at
the receiving facility named in the manifest; and
(e) remove Copy 6 (Brown) of the manifest and return it to the generator
shown on the manifest within three working days after the transfer.
R.R.O. 1990, Reg. 347, s. 25 (7); O. Reg. 501/01, s. 9 (6); O. Reg.
337/09, s. 15 (2, 3).
(7.1) Where a transfer of subject waste takes place under subsection (5) and
an electronic manifest is used, the receiver shall obtain from the carrier the number
of the manifest completed for that load, shall electronically access the manifest
and shall, at the time of the transfer,
(a) electronically complete section C (Receiver) of the manifest; and
(b) electronically submit the manifest, with sections A, B and C completed,
to the Director. O. Reg. 501/01, s. 9 (7).
(8) Where a paper manifest is used, every carrier who has transferred waste
under subsection (5) shall, prior to leaving the site of the transfer, obtain from the
receiver Copy 4 (Pink) of the manifest and shall retain it for two years. O. Reg.
501/01, s. 9 (8).
(9) Where a paper manifest is used, every carrier who is the operator of a
waste transportation system for which a certificate of approval or provisional
certificate of approval as a dust suppression waste management system is issued
may deposit for the purpose of dust suppression, in accordance with the approval,
dust suppressant at a dust suppression site designated in the approval and, where
that is done, shall,
(a) at the time of completion of the deposit, complete section C (Receiver)
of the remaining four parts of the manifest accompanying the waste;
(b) remove Copy 3 (Yellow) of the manifest and return it to the Director
within three working days after the deposit;
(c) retain Copy 4 (Pink) of the manifest for two years; and
(d) remove Copy 6 (Brown) of the manifest and return it to the generator
shown on the manifest within three working days after the deposit.
R.R.O. 1990, Reg. 347, s. 25 (9); O. Reg. 501/01, s. 9 (9).
(10) Where an electronic manifest is used, every carrier described in
subsection (9) may deposit for the purpose of dust suppression, in accordance with
the approval described in subsection (9), dust suppressant at a dust suppression
site designated in the approval and, where that is done, shall, as quickly as is
reasonably possible following completion of the deposit,
(a) electronically access the manifest completed for that load;
(b) electronically complete section C (Receiver) of the manifest; and
(c) electronically submit the manifest, with sections A, B and C completed,
to the Director. O. Reg. 501/01, s. 9 (10).
MANIFESTS — TRANSPORT THROUGH ONTARIO
26. (1) No carrier shall transport through Ontario subject waste from
outside Ontario for transfer to a receiving facility outside Ontario unless the
generator has with the waste, for each truckload or portion thereof, a manifest, or a
paper copy of an electronic manifest, completed in accordance with the
requirements of the jurisdiction issuing the manifest. O. Reg. 501/01, s. 10.
(2) Where this section applies, a manifest issued under the Canadian
Environmental Protection Act, 1999 (Canada) or an equivalent manifest issued by
a Canadian jurisdiction or a Uniform Hazardous Waste Manifest as prescribed by
the United States Environmental Protection Agency may be used for purposes of
compliance with this Regulation. R.R.O. 1990, Reg. 347, s. 26 (2); O. Reg.
337/09, s. 16.
REFUSALS
27. (0.1) A receiver shall decide whether to accept or refuse to accept a
transfer of subject waste within 24 hours after the waste arrives at the receiving
facility. O. Reg. 337/09, s. 17.
(1) A receiver who refuses to accept a transfer of subject waste shall prepare
a refusal report in a form or format provided or approved by the Ministry and
return it to the Director within three working days after the refusal. O. Reg.
501/01, s. 11 (1).
(2) Where a carrier intends to transfer subject waste to a receiving facility
and the waste is refused by the intended receiver, the carrier, before attempting to
make a different transfer, shall consult and obtain the instructions of the generator,
unless written instructions have been provided by the generator in advance and
may transfer the waste to a receiving facility indicated in the instructions. R.R.O.
1990, Reg. 347, s. 27 (2).
(3) If waste is refused by the intended receiver at the receiving facility and if
the carrier cannot conveniently make a different transfer in accordance with this
Regulation, the carrier may transfer the unadulterated waste to the waste
generation facility set out in section A (Generator) of the applicable manifest and
the carrier shall, at the time of the transfer, give the generator four parts of the
paper manifest or the number of the electronic manifest, as the case may be, that
was completed in respect of the waste. O. Reg. 501/01, s. 11 (2).
(4) Every generator shall accept a transfer of unadulterated subject waste in
the circumstances described in subsection (3). R.R.O. 1990, Reg. 347, s. 27 (4).
(5) Where a transfer of subject waste occurs under subsection (3) and a
paper manifest is used, the generator shall obtain from the carrier the remaining
four parts of the applicable manifest completed by the generator in accordance
with this Regulation and shall,
(a) at the time of the transfer, complete section C (Receiver) of the
remaining four parts of the manifest;
(b) return Copy 3 (Yellow) to the Director within three working days after
the transfer;
(c) return Copy 4 (Pink) to the carrier at the time of the transfer; and
(d) retain Copy 6 (Brown) for two years. R.R.O. 1990, Reg. 347, s. 27 (5);
O. Reg. 501/01, s. 11 (3).
(5.1) Where a transfer of subject waste occurs under subsection (3) and an
electronic manifest is used, the generator shall obtain from the carrier the number
of the electronic manifest completed for that load, shall electronically access the
manifest and shall, at the time of the transfer,
(a) electronically complete section C (Receiver) of the manifest; and
(b) electronically submit the manifest, with sections A, B and C completed,
to the Director. O. Reg. 501/01, s. 11 (4).
(6) Where a paper manifest is used, every carrier who has transferred waste
under subsection (3) shall, prior to leaving the site of the transfer, obtain from the
receiver Copy 4 (Pink) of the manifest and shall retain it for two years. O. Reg.
501/01, s. 11 (5).
(7) A waste generation facility is exempt from the requirement of a waste
disposal site certificate of approval under section 27 of the Act in respect of an
acceptance of waste under this section. R.R.O. 1990, Reg. 347, s. 27 (7).
ON-SITE THERMAL TREATMENT EQUIPMENT
28. (1) On-site thermal treatment equipment is exempt from the operation
of section 27 of the Act unless the equipment is used to subject hazardous waste or
liquid industrial waste to thermal treatment. O. Reg. 102/07, s. 9.
(2) On-site thermal treatment equipment is exempt from the requirement of
being the subject-matter of a hearing under subsection 30 (1) of the Act. O. Reg.
102/07, s. 9.
(3) This section does not apply to on-site thermal treatment equipment at a
woodwaste combustor site or waste-derived fuel site. O. Reg. 102/07, s. 9.
WOODWASTE COMBUSTOR SITES
28.1 (1) Sections 27, 40 and 41 of the Act do not apply to a woodwaste
combustor site for residential heating in respect of woodwaste if not more than
fifty cubic metres of woodwaste is stored at the woodwaste combustor site at any
time. O. Reg. 337/09, s. 18 (1).
(2) Sections 27, 40 and 41 of the Act do not apply to a woodwaste
combustor site in respect of woodwaste if,
(a) none of the woodwaste stored at the woodwaste combustor site is stored
there for more than 18 months; and
(b) no more woodwaste is stored at the woodwaste combustor site than is
reasonably capable of being subject to thermal treatment or wholly
utilized as a fuel or fuel supplement during a period of six months at the
site. O. Reg. 102/07, s. 10; O. Reg. 337/09, s. 18 (2).
(2.1) Subsection (2) does not apply on any day on which more than 100
tonnes of woodwaste are subject to thermal treatment at the site, if the sole
purpose of subjecting the woodwaste to thermal treatment is to dispose of it.
O. Reg. 102/07, s. 10.
(2.2) Subsection (2) does not apply to a woodwaste combustor site at which
woodwaste is subject to thermal treatment, if the principal function of the site is
waste disposal. O. Reg. 102/07, s. 10.
(2.3) Sections 27, 40 and 41 of the Act do not apply to a woodwaste
combustor site in respect of woodwaste if,
(a) woodwaste is subject to thermal treatment at the woodwaste combustor
site and the principal function of the site is waste disposal;
(b) not more than 100 tonnes of woodwaste is subject to thermal treatment
at the woodwaste combustor site on any day;
(c) not more than 500 cubic metres of woodwaste is stored at the
woodwaste combustor site at any time; and
(d) none of the woodwaste stored at the woodwaste combustor site is stored
there for more than six months. O. Reg. 102/07, s. 10; O. Reg. 337/09,
s. 18 (3).
(3) A woodwaste combustor site is exempt from section 27 of the Act in
respect of its use and operation if,
(a) the woodwaste combustor site was first put into operation before the
26th day of September, 1992; and
(b) immediately before the 26th day of September, 1992, no certificate of
approval or provisional certificate of approval under Part V of the
Environmental Protection Act was required for the use or operation of
the woodwaste combustor site. O. Reg. 555/92, s. 8.
(4) A woodwaste combustor site that is exempt under subsection (3) ceases
to be exempt if the use or operation of the woodwaste combustor site changes
substantially. O. Reg. 555/92, s. 8.
(5) A woodwaste combustor site that is exempt under subsection (3) ceases
to be exempt at the end of the twelve-month period immediately following the
26th day of September, 1992, if the woodwaste combustor site is in operation on
fewer than thirty days during that twelve-month period. O. Reg. 555/92, s. 8.
28.2 (1) A woodwaste combustor site is exempt from the requirement of
being the subject-matter of a hearing under subsection 30 (1) of the Act if not
more than 100 tonnes of woodwaste is combusted at the woodwaste combustor
site on any day. O. Reg. 555/92, s. 8.
(2) A woodwaste combustor site is exempt from the requirement of being
the subject-matter of a hearing under subsection 30 (1) of the Act if the heat from
the combustion is recovered and utilized. O. Reg. 191/98, s. 1.
WASTE-DERIVED FUEL SITES
28.3 (1) A waste-derived fuel site is exempt from section 27 of the Act if,
(a) the only waste-derived fuel utilized at the waste-derived fuel site is
waste-derived fuel that is generated at the waste-derived fuel site and
has never left the site; and
(b) not more than ten tonnes of waste-derived fuel is utilized at the waste-
derived fuel site on any day. O. Reg. 555/92, s. 8.
(2) A waste-derived fuel site is exempt from section 27 of the Act in respect
of its use and operation if,
(a) the waste-derived fuel site was first put into operation before the 26th
day of September, 1992; and
(b) immediately before the 26th day of September, 1992, no certificate of
approval or provisional certificate of approval under Part V of the
Environmental Protection Act was required for the use or operation of
the waste-derived fuel site. O. Reg. 555/92, s. 8.
(3) A waste-derived fuel site that is exempt under subsection (2) ceases to
be exempt if the use or operation of the waste-derived fuel site changes
substantially. O. Reg. 555/92, s. 8.
(3.1) A waste-derived fuel site described in subsection 28.6 (1) that is
exempt under subsection (2) ceases to be exempt if,
(a) the site is altered by the replacement of the combustion unit;
(b) the site is altered by an increase in the capacity of the combustion unit
or the incorporation of an additional combustion unit; or
(c) the site is enlarged or extended. O. Reg. 280/07, s. 3.
(4) A waste-derived fuel site that is exempt under subsection (2) ceases to
be exempt at the end of the twelve-month period immediately following the 26th
day of September, 1992, if the waste-derived fuel site is in operation on fewer than
thirty days during that twelve-month period. O. Reg. 555/92, s. 8.
28.4 A waste-derived fuel site is exempt from the requirement of being the
subject-matter of a hearing under subsection 30 (1) of the Act if not more than ten
tonnes of waste-derived fuel is utilized at the site on any day. O. Reg. 555/92, s. 8.
28.5 (1) At a waste-derived fuel site, no person shall mix waste that is not
waste-derived fuel with any other waste or material, if the material resulting from
the mixing is waste-derived fuel. O. Reg. 555/92, s. 8.
(2) Subsection (1) does not apply to prohibit the mixing of two or more
wastes that are generated at the waste-derived fuel site and have never left the site.
O. Reg. 555/92, s. 8.
28.6 (1) No person shall use, operate, establish, alter, enlarge or extend a
waste-derived fuel site, or cause or permit the use, operation, establishment,
alteration, enlargement or extension of a waste-derived fuel site, if the site
includes a combustion unit that is used principally for heating the interior of a
building or other enclosed space for the comfort of occupants or for the provision
of a suitable temperature for materials, including plant or animal life, in the
building or enclosed space. O. Reg. 280/07, s. 4.
(2) Subsection (1) does not apply to a waste-derived fuel site that is located
in the Territorial District of Algoma, Cochrane, Kenora, Manitoulin, Nipissing,
Parry Sound, Rainy River, Sudbury, Thunder Bay or Timiskaming. O. Reg.
280/07, s. 4.
(3) Before June 1, 2009, subsection (1) does not apply to a waste-derived
fuel site that is in operation on the day this section comes into force, if, on the day
this section comes into force,
(a) the combustion unit is operating under a certificate of approval that
authorizes acceptance and combustion of waste and that was issued
under section 9 of the Act before January 11, 2007;
(b) the site is used in agriculture; or
(c) pursuant to subsection 28.3 (2), the site is exempt from section 27 of the
Act in respect of its use and operation. O. Reg. 280/07, s. 4.
(4) Subsection (3) ceases to apply to a waste-derived fuel site if,
(a) the site is altered by the replacement of the combustion unit;
(b) the site is altered by an increase in the capacity of the combustion unit
or the incorporation of an additional combustion unit; or
(c) the site is enlarged or extended. O. Reg. 280/07, s. 4.
EXISTING HOSPITAL INCINERATORS
29. (1) Revoked: R.R.O. 1990, Reg. 347, s. 29 (3); See O. Reg. 323/02,
s. 2.
(2) Revoked: R.R.O. 1990, Reg. 347, s. 29 (3); See O. Reg. 323/02, s. 2.
(3) Spent: O. Reg. 323/02, s. 2.
(4) All existing hospital incinerators that operated under the authority of
subsection (1) or (2) and all hospital incinerators operating under a certificate of
approval issued before December 6, 2002 must cease operations on or before
December 6, 2003. O. Reg. 323/02, s. 2.
(5) All certificates of approval for hospital incinerators issued before this
subsection came into force are revoked on December 6, 2003. O. Reg. 323/02,
s. 2.
FIELD OPERATIONS
29.1 Section 18 does not apply to a generator in respect of subject waste
from field operations if the subject waste is destined for a local waste transfer
facility. O. Reg. 337/09, s. 19.
29.2 Sections 19 to 26 do not apply to generators, carriers or receivers of
subject waste from field operations if the subject waste is destined for a local
waste transfer facility. O. Reg. 337/09, s. 19.
29.3 Sections 27, 40 and 41 of the Act do not apply to a local waste transfer
facility if,
(a) no hazardous waste or liquid industrial waste, other than waste from
field operations, is received or stored at the facility; and
(b) there is available, at or near the facility, fire-fighting equipment and
spill clean-up and containment equipment that is appropriate to the
quantities and types of waste at or expected to be at the facility. O. Reg.
337/09, s. 19.
29.4 Sections 27, 40 and 41 of the Act do not apply in respect of a local
waste transfer facility if,
(a) access to the facility is controlled by gates, fencing, attendants or other
security measures;
(b) subject to clause (c), any hazardous waste or liquid industrial waste at
the facility is stored on an impermeable pad that,
(i) is or can be covered to keep out precipitation, and
(ii) has curbs, berms, catch basins or other features that are sufficient
to prevent hazardous waste or liquid industrial waste from
escaping into the natural environment;
(c) any syringes or other sharps, and any related waste, at the facility are
stored indoors in puncture resistant containers that prevent exposure or
spilling of the contents;
(d) the locations where hazardous waste, liquid industrial waste and waste
described in clause (c) are stored at the facility are readily accessible for
inspection, containment of spills and spills clean-up;
(e) there is available, at or near the facility, fire-fighting equipment and spill
clean-up and containment equipment that is appropriate to the quantities
and types of waste at or expected to be at the facility;
(f) a written record is kept each time hazardous waste or liquid industrial
waste is received and stored at the facility or is transferred from the
facility, and the record specifies the nature and quantity of the waste
and is retained at the facility for at least two years after the record is
made; and
(g) written notice that identifies the facility and sets out the facility’s
location and the quantities and types of wastes that are at or are
anticipated to be at the facility is given to the Regional Director,
(i) one month before the facility is established, or
(ii) within fifteen days after this section comes into force, in the case
of a facility that is in operation when this section comes into force.
O. Reg. 337/09, s. 19.
29.5 Sections 27, 40 and 41 of the Act and section 16 of this Regulation do
not apply in respect of a waste management system if,
(a) the system is owned or operated by a person who undertakes field
operations or a person on whose behalf field operations are undertaken;
and
(b) the operations of the system are limited to the collection and handling of
waste from the field operations referred to in clause (a) and the
transportation of the waste to,
(i) a local waste transfer facility, or
(ii) a waste disposal site that is authorized to receive the waste, if the
waste is not subject waste. O. Reg. 337/09, s. 19.
STATIONARY REFRIGERANT WASTE
30. (1) A stationary refrigerant waste collector that collects stationary
refrigerant waste shall,
(a) recycle it for use in air-conditioning units, heat pumps, refrigerators or
freezers; or
(b) transport it to,
(i) a wholesale dealer in refrigerants,
(ii) a stationary refrigerant waste recycler, or
(iii) a stationary refrigerant waste disposal site with a certificate of
approval or provisional certificate of approval to handle stationary
refrigerant waste. R.R.O. 1990, Reg. 347, s. 30 (1); O. Reg.
190/94, s. 2 (1).
(2) A wholesale dealer in refrigerants that receives stationary refrigerant
waste shall transport it to,
(a) a stationary refrigerant waste recycler; or
(b) a stationary refrigerant waste disposal site with a certificate of approval
or provisional certificate of approval to handle stationary refrigerant
waste. R.R.O. 1990, Reg. 347, s. 30 (2).
(3) A stationary refrigerant waste recycler that receives stationary
refrigerant waste shall recycle it for use in air-conditioning units, heat pumps,
refrigerators or freezers. R.R.O. 1990, Reg. 347, s. 30 (3); O. Reg. 190/94, s. 2 (2).
31. (1) A stationary refrigerant waste collector shall keep a written record
each time that stationary refrigerant waste is,
(a) removed and collected, at the stationary refrigerant waste collector’s
ordinary place of business, from equipment in which refrigerant is used;
(b) received at the stationary refrigerant waste collector’s ordinary place of
business, after being removed and collected at another location from
equipment in which refrigerant is used; or
(c) transported from or recycled at the stationary refrigerant waste
collector’s ordinary place of business. R.R.O. 1990, Reg. 347, s. 31 (1).
(2) A wholesale dealer in refrigerants shall keep a written record each time
that it receives or transports stationary refrigerant waste. R.R.O. 1990, Reg. 347,
s. 31 (2).
(3) A stationary refrigerant waste recycler shall keep a written record each
time that it receives or recycles stationary refrigerant waste. R.R.O. 1990, Reg.
347, s. 31 (3).
(4) A record made under this section shall show,
(a) the date the stationary refrigerant waste was collected, received,
transported or recycled;
(b) the source of the stationary refrigerant waste;
(c) the quantity collected, received, transported or recycled;
(d) the type of stationary refrigerant waste; and
(e) what was done with the stationary refrigerant waste. R.R.O. 1990, Reg.
347, s. 31 (4).
(5) A record made under this section may be disposed of after two years.
R.R.O. 1990, Reg. 347, s. 31 (5).
(6) Revoked: O. Reg. 190/94, s. 3.
32. (1) A stationary refrigerant waste disposal site that is the ordinary place
of business of a stationary refrigerant waste collector or that is operated by a
wholesale dealer in refrigerants is exempt from section 27 of the Act if,
(a) access to stationary refrigerant waste is controlled by gates, fencing,
attendants or other security measures;
(b) containers in which stationary refrigerant waste is stored are clearly
marked as to contents;
(c) stationary refrigerant waste is stored in a location and manner that
prevents damage or deterioration;
(d) stored stationary refrigerant waste is readily accessible for inspection by
a provincial officer;
(e) there is available, at or near the site, firefighting equipment and spill
clean-up and containment equipment appropriate to the quantities and
types of stationary refrigerant waste on or likely to be on the site; and
(f) written notice is given to the Director within ninety days after the
establishment of the site, specifying the location of the site and the
quantities and types of stationary refrigerant waste on or likely to be on
the site. R.R.O. 1990, Reg. 347, s. 32 (1).
(2) A stationary refrigerant waste disposal site is exempt from section 27 of
the Act if,
(a) stationary refrigerant waste is removed and collected on the site from
equipment in which refrigerant is used; and
(b) the site is not the ordinary place of business of the stationary refrigerant
waste collector. R.R.O. 1990, Reg. 347, s. 32 (2).
33. A stationary refrigerant waste management system is exempt from
section 27 of the Act if all stationary refrigerant waste disposal sites used in the
system are,
(a) exempt from section 27 of the Act; or
(b) established and operated in accordance with a certificate of approval or
provisional certificate of approval under Part V of the Act. R.R.O.
1990, Reg. 347, s. 33.
34. Section 18 does not apply in respect of subject waste that is stationary
refrigerant waste unless,
(a) a stationary refrigerant waste collector transports stationary refrigerant
waste directly from the waste generation facility to,
(i) a stationary refrigerant waste recycler, or
(ii) a stationary refrigerant waste disposal site with a certificate of
approval or provisional certificate of approval to handle stationary
refrigerant waste; or
(b) the waste generation facility is operated by a wholesale dealer in
refrigerants. R.R.O. 1990, Reg. 347, s. 34.
35. Section 19 and sections 21 to 27 do not apply in respect of subject waste
that is stationary refrigerant waste being managed in accordance with section 30.
O. Reg. 461/05, s. 9.
MOBILE REFRIGERANT WASTE
36. (1) On and after the 1st day of July, 1991, no person shall discharge or
permit the discharge of mobile refrigerant waste into the natural environment.
R.R.O. 1990, Reg. 347, s. 36 (1).
(2) On and after the 1st day of July, 1991, a person who removes mobile
refrigerant waste from equipment in which refrigerant is used shall collect the
mobile refrigerant waste. R.R.O. 1990, Reg. 347, s. 36 (2).
37. (1) A mobile refrigerant waste collector that collects mobile refrigerant
waste shall,
(a) recycle it for use in air-conditioning units, heat pumps, refrigerators or
freezers; or
(b) transport it to,
(i) a mobile refrigerant waste recycler, or
(ii) a mobile refrigerant waste disposal site with a certificate of
approval or provisional certificate of approval to handle mobile
refrigerant waste. R.R.O. 1990, Reg. 347, s. 37 (1); O. Reg.
190/94, s. 4 (1).
(2) A mobile refrigerant waste recycler that receives mobile refrigerant
waste shall recycle it for use in air-conditioning units, heat pumps, refrigerators or
freezers. R.R.O. 1990, Reg. 347, s. 37 (2); O. Reg. 190/94, s. 4 (2).
38. (1) A mobile refrigerant waste collector shall keep a written record each
time that mobile refrigerant waste is,
(a) removed and collected, at the mobile refrigerant waste collector’s
ordinary place of business, from equipment in which refrigerant is used;
(b) received at the mobile refrigerant waste collector’s ordinary place of
business, after being removed and collected at another location from
equipment in which refrigerant is used; or
(c) transported from or recycled at the mobile refrigerant waste collector’s
ordinary place of business. R.R.O. 1990, Reg. 347, s. 38 (1).
(2) A mobile refrigerant waste recycler shall keep a written record each time
that it receives or recycles mobile refrigerant waste. R.R.O. 1990, Reg. 347,
s. 38 (2).
(3) A record made under this section shall show,
(a) the date the mobile refrigerant waste was collected, transported,
received or recycled;
(b) the source of the mobile refrigerant waste;
(c) the quantity collected, transported, received or recycled;
(d) the type of mobile refrigerant waste; and
(e) what was done with the mobile refrigerant waste. R.R.O. 1990, Reg.
347, s. 38 (3).
(4) A record made under this section may be disposed of after two years.
R.R.O. 1990, Reg. 347, s. 38 (4).
(5) Revoked: O. Reg. 190/94, s. 5.
39. (1) A mobile refrigerant waste disposal site that is the ordinary place of
business of a mobile refrigerant waste collector is exempt from section 27 of the
Act if equipment is kept at the site for collecting mobile refrigerant waste removed
from equipment in which refrigerant is used. R.R.O. 1990, Reg. 347, s. 39 (1).
(2) A mobile refrigerant waste disposal site is exempt from section 27 of the
Act if,
(a) mobile refrigerant waste is removed and collected on the site from
equipment in which refrigerant is used; and
(b) the site is not the ordinary place of business of the mobile refrigerant
waste collector. R.R.O. 1990, Reg. 347, s. 39 (2).
40. A mobile refrigerant waste management system is exempt from section
27 of the Act if all mobile refrigerant waste disposal sites used in the system are,
(a) exempt from section 27 of the Act; or
(b) established and operated in accordance with a certificate of approval or
provisional certificate of approval under Part V of the Act. R.R.O.
1990, Reg. 347, s. 40.
41. Section 18 does not apply in respect of subject waste that is mobile
refrigerant waste. R.R.O. 1990, Reg. 347, s. 41.
42. Section 19 and sections 21 to 27 do not apply in respect of subject waste
that is mobile refrigerant waste being managed in accordance with section 37.
O. Reg. 461/05, s. 10.
SELECTED WASTE DEPOTS
42.1-42.17 Revoked: O. Reg. 298/94, s. 1.
43. In sections 44 to 59,
“lubricant” means crankcase oil, gear oil, transmission fluid and hydraulic fluid;
“selected waste depot” means a depot where selected waste is accepted, handled
and stored. O. Reg. 298/94, s. 1.
44. (1) For the purposes of this section and sections 45 to 59, the products
listed in Column A are selected products and the wastes listed in Column B are
selected wastes:
Column A Column B
1. anti-freeze 1. waste anti-freeze
2. lubricant 2. waste lubricant
3. oil filters 3. waste oil filters
O. Reg. 298/94, s. 1.
(2) For the purposes of sections 45 to 59, the types of selected product are
those listed in Column A of subsection (1) and the types of selected waste are
those listed in Column B of subsection (1). O. Reg. 298/94, s. 1.
45. (1) Sections 47 to 59 apply in relation to selected waste depots that have
the following characteristics:
1. The depot is at a location at which a business sells goods or services
motor vehicles as one of its primary functions.
2. The depot is managed by a person who owns or has the charge,
management or control of the business.
3. The depot is set up to accept, handle and store only selected waste of a
type that results from a type of selected product regularly sold at the
business. O. Reg. 298/94, s. 1.
(2) For the purposes of sections 47 to 59, a business and a depot are
associated if they have the relationship to each other set out in paragraphs 1, 2 and
3 of subsection (1). O. Reg. 298/94, s. 1.
46. (1) Sections 27, 40 and 41 of the Act do not apply in relation to a
selected waste depot that has the characteristics set out in subsection 45 (1).
O. Reg. 298/94, s. 1.
(2) Sections 18, 19 and 21 to 27 of this Regulation do not apply to require
reports or manifests in respect of selected waste stored at or removed from a
selected waste depot that has the characteristics set out in subsection 45 (1).
O. Reg. 298/94, s. 1.
(3) Sections 27 and 41 of the Act and section 16 of this Regulation do not
apply to the transportation of selected waste by the generator of the waste to a
selected waste depot that has the characteristics set out in subsection 45 (1), unless
the generator of the waste is required to submit a report under section 18 of this
Regulation in respect of the waste. O. Reg. 298/94, s. 1.
47. (1) Each operator and owner of a selected waste depot shall ensure that
no selected waste is accepted at the depot until 15 days after written notice of
intent to operate the depot is given to the Chief Fire Official appointed under
subsection 1.1.8 of Ontario Regulation 388/97 (Fire Code) made under the Fire
Protection and Prevention Act, 1997 and to the Regional Director responsible for
the region in which the depot is located. O. Reg. 298/94, s. 1; O. Reg. 461/05,
s. 11.
(2) The notice of intent to operate a selected waste depot shall include the
following information:
1. The address of the depot and the location of the depot at the address.
2. The name under which the business associated with the depot carries on
business.
3. The types of selected waste to be accepted at the depot.
4. The size, type and number of storage containers to be used at the depot.
O. Reg. 298/94, s. 1.
(3) Each operator and owner of a selected waste depot shall notify the Chief
Fire Official and the Regional Director responsible for the region in which the
depot is located of any change in respect of the information submitted under this
section, no later than 15 days before the change occurs. O. Reg. 298/94, s. 1.
48. Each operator and owner of a selected waste depot shall ensure, by
means of gates, fencing, locks, guards or otherwise, that only people authorized by
an operator or owner have access to selected waste at the depot. O. Reg. 298/94,
s. 1.
49. Each operator and owner of a selected waste depot shall ensure that
notice of the days and hours during which selected waste will be accepted at the
depot is clearly posted at the depot and shall ensure that selected waste is accepted
at the depot only during those days and hours. O. Reg. 298/94, s. 1.
50. Each operator and owner of a selected waste depot shall ensure that any
selected waste accepted at the depot is deposited forthwith into storage containers
at the depot. O. Reg. 298/94, s. 1.
51. (1) Each operator and owner of a selected waste depot shall ensure that
each person who accepts, handles, stores or deposits selected waste at the depot is
knowledgeable about,
(a) legislation, regulations and Ministry guidelines relevant to the operation
of the depot;
(b) environmental issues related to the selected waste to be handled at the
depot;
(c) occupational health and safety issues related to the selected waste to be
handled at the depot;
(d) the use and operation of any equipment likely to be used in the safe
operation of the depot;
(e) procedures for dealing with emergencies, including fire and explosion,
that might arise at the depot in connection with the selected waste to be
handled there; and
(f) procedures for dealing with spills of selected waste at the depot,
including clean-up, disposal and reporting procedures. O. Reg. 298/94,
s. 1.
(2) Each operator and owner of a selected waste depot shall ensure that each
person who accepts, handles, stores or deposits selected waste at the depot is,
(a) an employee of the business associated with the depot;
(b) an owner of the business associated with the depot or a person who has
the charge, management or control of the business associated with the
depot; or
(c) an employee of a person mentioned in clause (b). O. Reg. 298/94, s. 1.
52. (1) Each operator and owner of a selected waste depot shall take all
reasonable steps to ensure that,
(a) selected waste is only accepted at the depot if it is of a type that results
from the type of selected product regularly sold at the business
associated with the depot;
(b) no more than five waste oil filters, no more than 25 litres of waste
antifreeze and no more than 25 litres of waste lubricant are accepted at
the depot from any one person on any one day; and
(c) selected waste is not accepted at the depot if it is brought to the depot by
or on behalf of a generator required to submit a report under subsection
18 (1) in respect of the waste. O. Reg. 298/94, s. 1.
(2) The taking of all reasonable steps for the purposes of subsection (1)
includes ensuring that each person who accepts waste at the depot visually
inspects waste before accepting it. O. Reg. 298/94, s. 1.
53. Each operator and owner of a selected waste depot shall ensure that each
type of selected waste stored at the depot is stored separate from each other type of
selected waste, in storage containers and in accordance with the following rules:
1. Each storage container used to store selected waste shall bear a label or
other identification that indicates the type of selected waste that it
contains.
2. The label or other identification shall include the name and address of the
depot.
3. In the case of an underground storage container, the label or other
identification may be located on the fill pipe for the container and need
not include the name and address of the depot.
4. The information required to be given on a label or other identification
shall be set out so that it is clearly visible and legible.
5. Each storage container used to store selected waste shall be stored,
handled and maintained so as to prevent leaks or spills of selected
waste, damage or deterioration of the container, or any adverse effect.
6. Each storage container used to store selected waste shall be stored in a
manner that facilitates the use of fire fighting equipment and spill
containment and clean-up equipment throughout the depot and
surrounding area.
7. Each storage container used to store selected waste shall be stored in a
manner that facilitates inspection of the depot by a provincial officer.
O. Reg. 298/94, s. 1.
54. (1) Each operator and owner of a selected waste depot at which selected
waste is stored in an above ground container shall ensure that the depot has a
secondary containment system capable of containing leaks or spills of selected
waste from the above ground container and capable of preventing the leaks or
spills from entering municipal sewers, other drainage systems or the natural
environment except air. O. Reg. 298/94, s. 1.
(2) In the case of a selected waste depot at which selected waste is stored
outdoors in an above ground container the base of which rests on the ground, each
operator and owner shall also ensure that the secondary containment system is
capable of draining leaks or spills away from the outdoor above ground container.
O. Reg. 298/94, s. 1.
55. (1) Each operator and owner of a selected waste depot shall ensure that
the depot is equipped with fire fighting equipment and spill containment and
clean-up equipment appropriate to the quantities and types of waste stored at the
depot. O. Reg. 298/94, s. 1.
(2) Each operator and owner of a selected waste depot shall ensure that the
equipment mentioned in subsection (1) is stored in a way that makes it
immediately accessible in the event that it is needed. O. Reg. 298/94, s. 1.
56. (1) Each operator and owner of a selected waste depot shall ensure that
the depot is visually inspected for leaks or spills of selected waste at least once
during each day on which the business associated with the depot is open for sales
or service. O. Reg. 298/94, s. 1.
(2) Each operator and owner of a selected waste depot shall ensure that each
inspection performed under subsection (1) on a day on which the depot is open to
accept waste is performed by a person knowledgeable about the matters set out in
clauses 51 (1) (a) to (f). O. Reg. 298/94, s. 1.
(3) Each operator and owner of a selected waste depot shall ensure that at
the time of each inspection under subsection (1) the person performing the
inspection legibly records his or her name, the date and the findings of the
inspection. O. Reg. 298/94, s. 1.
(4) Each operator and owner of a selected waste depot shall ensure that each
record made at the depot under subsection (1) is kept at the depot during a period
of two years after it is made. O. Reg. 298/94, s. 1.
57. (1) Each operator and owner of a selected waste depot shall ensure that
each time selected waste is accepted at the depot, the person accepting the waste
legibly records his or her name, the date, the name and address of the person who
brought the waste to the depot and the type and approximate quantity of the waste.
O. Reg. 298/94, s. 1.
(2) Each operator and owner of a selected waste depot shall ensure that each
record made at the depot under subsection (1) is kept at the depot during a period
of two years after it is made. O. Reg. 298/94, s. 1.
58. (1) Each operator and owner of a selected waste depot shall ensure that
no selected waste is accepted at the depot unless there is in effect one or more
written agreements each of which meets the requirements of subsections (2) and
(3) and that together provide for the ongoing removal of all selected waste from
the depot. O. Reg. 298/94, s. 1.
(2) An agreement under subsection (1) shall be between an operator or
owner of the depot and a party to whom a certificate of approval or provisional
certificate of approval has been issued under Part V of the Act authorizing the
party to transport one or more classes of waste that include the type or types of
selected waste to be removed from the depot by the party under the agreement.
O. Reg. 298/94, s. 1.
(3) An agreement under subsection (1) shall state the following:
1. The name and address of an owner or operator of the depot.
2. The name and address of the party responsible for removing waste, the
type of selected waste to be removed by the party and the number of the
certificate of approval or provisional certificate of approval that
authorizes the party to transport the type of waste.
3. The name, address and telephone number of an individual able to answer
questions about the implementation of the agreement on behalf of the
party responsible for removing the waste.
4. The approximate time intervals at which the party responsible for
removing the waste will remove the waste.
5. The expiry date of the agreement. O. Reg. 298/94, s. 1.
(4) Each operator and owner of a selected waste depot shall ensure that
selected waste is removed from the depot only by a party to an agreement under
subsection (1) to whom a certificate of approval or provisional certificate of
approval has been issued authorizing the removal of the waste. O. Reg. 298/94,
s. 1.
(5) Each operator and owner of a selected waste depot shall ensure that a
copy of an agreement under subsection (1) is kept at the depot during the term of
the agreement and during a period of two years after the termination or expiry of
the agreement. O. Reg. 298/94, s. 1.
59. (1) Each operator and owner of a selected waste depot shall ensure that
all selected waste is removed from the depot no later than 90 days after the depot
ceases to be open to accept selected waste. O. Reg. 298/94, s. 1.
(2) Each operator and owner of a selected waste depot shall ensure that
written notice is given to the Chief Fire Official appointed under subsection 1.1.8
of Ontario Regulation 388/97 (Fire Code) made under the Fire Protection and
Prevention Act, 1997 and to the Regional Director responsible for the region in
which the depot is located no later than 95 days after the depot ceases to be open
to accept selected waste. O. Reg. 298/94, s. 1; O. Reg. 461/05, s. 12.
(3) The notice under subsection (2) shall include the following information:
1. The address of the depot and the location of the depot at the address.
2. The date on which the depot ceased being open to accept selected waste.
3. A statement that all selected waste has been removed from the depot.
O. Reg. 298/94, s. 1.
(4) Each operator and owner of a selected waste depot shall ensure that any
documents required under sections 56 to 58 to be kept at the depot on the date
referred to in paragraph 2 of subsection (3) are available to provincial officers for
inspection at an address in Ontario during a period of two years after that date.
O. Reg. 298/94, s. 1.
(5) Each operator and owner of a selected waste depot shall ensure that the
Chief Fire Official and the Regional Director responsible for the region in which
the depot is located are given timely written notice of the address referred to in
subsection (4). O. Reg. 298/94, s. 1.
60. In the event of conflict between sections 44 to 59 of this Regulation and
Ontario Regulation 388/97 (Fire Code) made under the Fire Protection and
Prevention Act, 1997 or Ontario Regulation 213/01 (Fuel Oil) made under the
Technical Standards and Safety Act, 2000, Ontario Regulation 388/97 or 213/01
prevails. O. Reg. 461/05, s. 13.
PESTICIDE CONTAINER DEPOTS
61. In this section and in sections 62 to 73,
“empty pesticide container” means an empty container originally used to hold
commercial pesticides;
“pesticide” means any organism, substance or thing that is manufactured,
represented, sold or used as a means of directly or indirectly controlling,
preventing, destroying, mitigating, attracting or repelling any pest or of
altering the growth, development or characteristics of any plant life that is
not a pest and includes any organism, substance or thing registered under
the Pest Control Products Act (Canada). O. Reg. 298/94, s. 1.
62. (1) Sections 64 to 73 apply in relation to pesticide container depots that
have the following characteristics:
1. The depot is at the place of business of a retail vendor licensed as such
under the Pesticides Act.
2. The depot is managed by a person who owns or has the charge,
management or control of the retail vendor business.
3. The depot is set up to accept, handle and store only empty pesticide
containers.
4. The depot only accepts and stores empty pesticide containers that have
been triple or jet rinsed and that do not exceed 23 litres in size if made
of plastic or 20 litres in size if made of metal. O. Reg. 298/94, s. 1.
(2) For the purposes of sections 64 to 73, a retail vendor business and a
pesticide container depot are associated if they have the relationship to each other
set out in paragraphs 1, 2 and 3 of subsection (1). O. Reg. 298/94, s. 1.
63. (1) Sections 27, 40 and 41 of the Act do not apply in relation to a
pesticide container depot that has the characteristics set out in subsection 62 (1).
O. Reg. 298/94, s. 1.
(2) Sections 27 and 41 of the Act and section 16 of this Regulation do not
apply to the transportation of empty pesticide containers by the generator of the
waste to a pesticide container depot that has the characteristics set out in
subsection 62 (1). O. Reg. 298/94, s. 1.
64. (1) Each owner and operator of a pesticide container depot shall ensure
that no empty pesticide container is accepted at a pesticide container depot until 15
days after written notice of intent to operate the depot is given to the Regional
Director responsible for the region in which the pesticide container depot is
located. O. Reg. 298/94, s. 1.
(2) The notice of intent to operate a pesticide container depot shall include
the following information:
1. The address of the pesticide container depot and the location of the
pesticide collection depot at that address.
2. The name under which the retail vendor business associated with the
pesticide container depot carries on business.
3. The vendor licence number or operator licence number given under the
Pesticides Act.
4. The name of the person who owns or has charge, management or control
of the retail vendor business. O. Reg. 298/94, s. 1.
(3) Each operator and owner of a pesticide container depot shall notify in
writing the Regional Director responsible for the region in which the pesticide
container depot is located of any change in respect of the information submitted
under this section, no later than 15 days before the change occurs. O. Reg. 298/94,
s. 1.
65. Each operator and owner of a pesticide container depot shall ensure, by
means of gates, fencing, locks, guards or otherwise, that only people authorized by
an operator or owner have access to the empty pesticide containers at the pesticide
container depot. O. Reg. 298/94, s. 1.
66. Each operator and owner of a pesticide container depot shall ensure that
notice of the days and hours during which empty pesticide containers will be
accepted at the depot is clearly posted at the depot and shall ensure that empty
pesticide containers are accepted at the depot only during those days and hours.
O. Reg. 298/94, s. 1.
67. Each operator and owner of a pesticide container depot shall ensure that
any empty pesticide containers accepted at the depot are deposited immediately
into a storage area at the pesticide container depot. O. Reg. 298/94, s. 1.
68. (1) Each operator and owner of a pesticide container depot shall ensure
that each person who accepts, handles, stores or deposits empty pesticide
containers at the depot is knowledgeable about,
(a) legislation, regulations and Ministry guidelines relevant to the operation
of the depot;
(b) environmental issues related to the empty pesticide containers to be
handled at the depot;
(c) occupational health and safety issues related to the empty pesticide
containers to be handled at the depot;
(d) the use and operation of any equipment likely to be used in the safe
operation of the depot;
(e) procedures for dealing with emergencies, including fire and explosion,
that might arise at the depot in connection with the empty pesticide
containers to be handled there; and
(f) procedures for dealing with spills relating to the empty pesticide
containers at the depot, including clean-up, disposal and reporting
procedures. O. Reg. 298/94, s. 1.
(2) Each operator and owner of a pesticide container depot shall ensure that
each person who accepts, handles, stores or deposits empty pesticide containers at
the depot is,
(a) an employee of the business associated with the depot;
(b) an owner of the business associated with the depot or a person who has
the charge, management or control of the business associated with the
depot; or
(c) an employee of a person mentioned in clause (b). O. Reg. 298/94, s. 1.
69. Each operator and owner of a pesticide container depot shall take all
reasonable steps to ensure that each person who accepts empty pesticide
containers at the depot visually inspects the empty pesticide containers before
accepting them for handling and storage. O. Reg. 298/94, s. 1.
70. Each operator and owner of a pesticide container depot shall ensure that
empty pesticide containers stored at the depot are stored in containers or areas in
accordance with the following rules:
1. Each container or area used to store empty pesticide containers shall bear
a label or other identification that indicates empty pesticide containers
are stored within the container or area.
2. The information on the label or other identification shall be clearly
visible and legible.
3. Each container used to store empty pesticide containers shall be stored,
handled and maintained so as to prevent damage or deterioration of the
containers, or any adverse effect.
4. Each container or area used to store empty pesticide containers shall be
covered in such a manner so as to prevent rain water infiltration into or
on the empty pesticide containers.
5. Each container used to store empty pesticide containers shall be stored in
a manner that facilitates the use of fire fighting equipment and spill
containment and clean-up equipment throughout the depot and
surrounding area.
6. Each container used to store empty pesticide containers shall be stored in
a manner that facilitates inspection of the depot by a provincial officer.
7. Each container or area used to store empty pesticide containers shall have
ventilation to the outside atmosphere. O. Reg. 298/94, s. 1.
71. Each operator and owner of a pesticide container depot shall ensure that
records are kept of the type and quantity of empty pesticide containers accepted at
the pesticide container depot. O. Reg. 298/94, s. 1.
72. (1) Each operator and owner of a pesticide container depot shall ensure
that no empty pesticide containers are accepted at the depot unless there is in
effect one or more written agreements each of which meets the requirements of
subsections (2) and (3) and that together provide for the ongoing removal of all
empty pesticide containers from the depot. O. Reg. 298/94, s. 1.
(2) An agreement under subsection (1) shall be between an operator or
owner of the depot and a party to whom a certificate of approval or provisional
certificate of approval has been issued under Part V of the Act authorizing the
party to transport the empty pesticide containers to be removed from the depot.
O. Reg. 298/94, s. 1.
(3) The agreement shall state the following:
1. The name and address of the owner or operator of the pesticide container
depot.
2. The name and address of the party responsible for removing the empty
pesticide containers and the number of the certificate of approval or
provisional certificate of approval that authorizes the party to transport
them.
3. The name, address and telephone number of an individual able to answer
questions about the implementation of the agreement on behalf of the
party responsible for removing the empty pesticide containers.
4. The approximate time intervals at which the party responsible for
removing the waste will remove the waste.
5. The expiry date of the agreement. O. Reg. 298/94, s. 1.
(4) Each operator and owner of a pesticide container depot shall ensure that
the empty pesticide containers are removed from the depot only by a party to an
agreement under subsection (1) to whom a certificate of approval or provisional
certificate of approval has been issued authorizing the removal of the waste.
O. Reg. 298/94, s. 1.
(5) Each operator and owner of a pesticide container depot shall ensure that
a copy of the agreement is kept at the depot during the term of the agreement and
for two years after the termination or expiration of the agreement. O. Reg. 298/94,
s. 1.
73. (1) Each operator and owner of a pesticide container depot shall ensure
that all empty pesticide containers are removed from the depot no later than 90
days after the depot ceases to operate as a pesticide container depot. O. Reg.
298/94, s. 1.
(2) Each operator and owner of a pesticide container depot shall ensure that
written notice is given to the Regional Director responsible for the region in which
the depot is located no later than 95 days after the depot ceases to be open to
accept empty pesticide containers. O. Reg. 298/94, s. 1.
(3) The notice under subsection (2) shall include the following information:
1. The address of the depot and the location of the depot at the address.
2. The date on which the depot ceased to operate as a pesticide container
depot.
3. A statement that all empty pesticide containers have been removed from
the pesticide container depot. O. Reg. 298/94, s. 1.
(4) Each operator and owner of a pesticide container depot shall ensure that
any documents required under sections 71 and 72 are kept at the depot and are
available to provincial officers for inspection at an address in Ontario during a
period of two years after the date on which the depot ceased to operate as a
pesticide container depot. O. Reg. 298/94, s. 1.
(5) Each operator and owner of a pesticide container depot shall ensure that
the Regional Director responsible for the region in which the depot is located is
given timely written notice of the address referred to in subsection (4). O. Reg.
298/94, s. 1.
LAND DISPOSAL OF HAZARDOUS WASTE
74. No person shall dispose of PCB waste by land disposal. O. Reg. 461/05,
s. 14.
75. (1) No person shall dispose of hazardous waste that is hazardous
industrial waste by land disposal unless, before it is land disposed, the waste is
treated in accordance with the following rules:
1. Subject to paragraph 3, the following rules apply in respect of each
regulated constituent set out for the waste in Schedule 1 if the waste is
an aqueous waste:
i. If Column 5 of Schedule 1 sets out one or more treatment codes as
the land disposal treatment requirement for that regulated
constituent of the waste,
A. the waste must be treated in accordance with Schedule 1
using the treatment methods set out for those treatment
codes in Schedule 7, and
B. the treated waste resulting from each treatment method must
meet the treatment standard set out for that method in
Schedule 7.
ii. If Column 5 of Schedule 1 sets out a numerical concentration as the
land disposal treatment requirement for that regulated constituent
of the waste, the waste must be treated so that, based on an
analysis of composite samples, the concentration of the regulated
constituent in the treated waste is less than that concentration.
iii. If subparagraphs i and ii both apply, the waste only needs to be
treated in accordance with one of those subparagraphs.
2. Subject to paragraph 3, the following rules apply in respect of each
regulated constituent set out for the waste in Schedule 1 if the waste is a
non-aqueous waste:
i. If Column 6 of Schedule 1 sets out one or more treatment codes as
the land disposal treatment requirement for that regulated
constituent of the waste,
A. the waste must be treated in accordance with Schedule 1
using the treatment methods set out for those treatment
codes in Schedule 7, and
B. the treated waste resulting from each treatment method must
meet the treatment standard set out for that method in
Schedule 7.
ii. If Column 6 of Schedule 1 sets out a numerical concentration as the
land disposal treatment requirement for that regulated constituent
of the waste, the waste must be treated so that, based on an
analysis of grab samples, the concentration of the regulated
constituent in the treated waste is less than that concentration.
iii. For the purpose of subparagraph ii, if the numerical concentration
set out in Column 6 of Schedule 1 is expressed as a TCLP
concentration, the concentration in the treated waste must be
determined using the Toxicity Characteristic Leaching Procedure.
iv. If subparagraphs i and ii both apply, the waste only needs to be
treated in accordance with one of those subparagraphs.
3. If treatment subcategories are set out for the waste in Schedule 1,
paragraphs 1 and 2 apply to the treatment subcategory that most closely
describes the waste. O. Reg. 461/05, s. 15.
(2) Dilution may not be used to comply with subparagraph 1 ii or 2 ii of
subsection (1). O. Reg. 461/05, s. 15.
(3) Despite subsection (1), a person may dispose of hazardous waste that is
hazardous industrial waste by land disposal if the waste has been treated in a
manner that the Director has approved in writing as equivalent to the treatment
referred to in subsection (1). O. Reg. 461/05, s. 15.
(4) Subsections (1) to (3) do not apply to a waste until December 31, 2009
unless the waste is listed in Schedule 10. O. Reg. 461/05, s. 15.
76. (1) No person shall dispose of hazardous waste that is acute hazardous
waste chemical by land disposal unless, before it is land disposed, the waste is
treated in accordance with the following rules:
1. Subject to paragraph 3, the following rules apply in respect of each
regulated constituent set out for the waste in Part A of Schedule 2 if the
waste is an aqueous waste:
i. If Column 6 of Part A of Schedule 2 sets out one or more treatment
codes as the land disposal treatment requirement for that regulated
constituent of the waste,
A. the waste must be treated in accordance with Part A of
Schedule 2 using the treatment methods set out for those
treatment codes in Schedule 7, and
B. the treated waste resulting from each treatment method must
meet the treatment standard set out for that method in
Schedule 7.
ii. If Column 6 of Part A of Schedule 2 sets out a numerical
concentration as the land disposal treatment requirement for that
regulated constituent of the waste, the waste must be treated so
that, based on an analysis of composite samples, the concentration
of the regulated constituent in the treated waste is less than that
concentration.
iii. If subparagraphs i and ii both apply, the waste only needs to be
treated in accordance with one of those subparagraphs.
2. Subject to paragraph 3, the following rules apply in respect of each
regulated constituent set out for the waste in Part A of Schedule 2 if the
waste is a non-aqueous waste:
i. If Column 7 of Part A of Schedule 2 sets out one or more treatment
codes as the land disposal treatment requirement for that regulated
constituent of the waste,
A. the waste must be treated in accordance with Part A of
Schedule 2 using the treatment methods set out for those
treatment codes in Schedule 7, and
B. the treated waste resulting from each treatment method must
meet the treatment standard set out for that method in
Schedule 7.
ii. If Column 7 of Part A of Schedule 2 sets out a numerical
concentration as the land disposal treatment requirement for that
regulated constituent of the waste, the waste must be treated so
that, based on an analysis of grab samples, the concentration of the
regulated constituent in the treated waste is less than that
concentration.
iii. For the purpose of subparagraph ii, if the numerical concentration
set out in Column 7 of Part A of Schedule 2 is expressed as a
TCLP concentration, the concentration in the treated waste must
be determined using the Toxicity Characteristic Leaching
Procedure.
iv. If subparagraphs i and ii both apply, the waste only needs to be
treated in accordance with one of those subparagraphs.
3. If treatment subcategories are set out for the waste in Part A of Schedule
2, paragraphs 1 and 2 apply to the treatment subcategory that most
closely describes the waste. O. Reg. 461/05, s. 15.
(2) Dilution may not be used to comply with subparagraph 1 ii or 2 ii of
subsection (1). O. Reg. 461/05, s. 15.
(3) Despite subsection (1), a person may dispose of hazardous waste that is
acute hazardous waste chemical by land disposal if the waste has been treated in a
manner that the Director has approved in writing as equivalent to the treatment
referred to in subsection (1). O. Reg. 461/05, s. 15.
(4) Subsections (1) to (3) do not apply to a waste until December 31, 2009
unless the waste is listed in Schedule 11. O. Reg. 461/05, s. 15.
77. (1) No person shall dispose of hazardous waste that is hazardous waste
chemical by land disposal unless, before it is land disposed, the waste is treated in
accordance with the following rules:
1. Subject to paragraph 3, the following rules apply in respect of each
regulated constituent set out for the waste in Part B of Schedule 2 if the
waste is an aqueous waste:
i. If Column 6 of Part B of Schedule 2 sets out one or more treatment
codes as the land disposal treatment requirement for that regulated
constituent of the waste,
A. the waste must be treated in accordance with Part B of
Schedule 2 using the treatment methods set out for those
treatment codes in Schedule 7, and
B. the treated waste resulting from each treatment method must
meet the treatment standard set out for that method in
Schedule 7.
ii. If Column 6 of Part B of Schedule 2 sets out a numerical
concentration as the land disposal treatment requirement for that
regulated constituent of the waste, the waste must be treated so
that, based on an analysis of composite samples, the concentration
of the regulated constituent in the treated waste is less than that
concentration.
iii. If subparagraphs i and ii both apply, the waste only needs to be
treated in accordance with one of those subparagraphs.
2. Subject to paragraph 3, the following rules apply in respect of each
regulated constituent set out for the waste in Part B of Schedule 2 if the
waste is a non-aqueous waste:
i. If Column 7 of Part B of Schedule 2 sets out one or more treatment
codes as the land disposal treatment requirement for that regulated
constituent of the waste,
A. the waste must be treated in accordance with Part B of
Schedule 2 using the treatment methods set out for those
treatment codes in Schedule 7, and
B. the treated waste resulting from each treatment method must
meet the treatment standard set out for that method in
Schedule 7.
ii. If Column 7 of Part B of Schedule 2 sets out a numerical
concentration as the land disposal treatment requirement for that
regulated constituent of the waste, the waste must be treated so
that, based on an analysis of grab samples, the concentration of the
regulated constituent in the treated waste is less than that
concentration.
iii. For the purpose of subparagraph ii, if the numerical concentration
set out in Column 7 of Part B of Schedule 2 is expressed as a
TCLP concentration, the concentration in the treated waste must
be determined using the Toxicity Characteristic Leaching
Procedure.
iv. If subparagraphs i and ii both apply, the waste only needs to be
treated in accordance with one of those subparagraphs.
3. If treatment subcategories are set out for the waste in Part B of Schedule
2, paragraphs 1 and 2 apply to the treatment subcategory that most
closely describes the waste. O. Reg. 461/05, s. 15.
(2) Dilution may not be used to comply with subparagraph 1 ii or 2 ii of
subsection (1). O. Reg. 461/05, s. 15.
(3) Despite subsection (1), a person may dispose of hazardous waste that is
hazardous waste chemical by land disposal if the waste has been treated in a
manner that the Director has approved in writing as equivalent to the treatment
referred to in subsection (1). O. Reg. 461/05, s. 15.
(4) Subsections (1) to (3) do not apply to a waste until December 31, 2009
unless the waste is listed in Schedule 12. O. Reg. 461/05, s. 15.
78. (1) No person shall dispose of hazardous waste that is severely toxic
waste by land disposal unless, before it is land disposed, the waste is treated in
accordance with the following rules:
1. If the waste is an aqueous waste, the waste must be treated so that, in the
treated waste, based on an analysis of composite samples, the
concentration of the regulated constituent set out for the waste in
Schedule 3 is less than the numerical concentration set out for that
regulated constituent in Column 6 of Schedule 3.
2. If the waste is a non-aqueous waste, the waste must be treated so that, in
the treated waste, based on an analysis of grab samples, the
concentration of the regulated constituent set out for the waste in
Schedule 3 is less than the numerical concentration set out for that
regulated constituent in Column 7 of Schedule 3. O. Reg. 461/05, s. 16.
(2) Dilution may not be used to comply with paragraph 1 or 2 of subsection
(1). O. Reg. 461/05, s. 16.
(3) Despite subsection (1), a person may dispose of hazardous waste that is
severely toxic waste by land disposal if the waste has been treated in a manner that
the Director has approved in writing as equivalent to the treatment referred to in
subsection (1). O. Reg. 461/05, s. 16.
79. (1) No person shall dispose of characteristic waste by land disposal
unless, before it is land disposed, the waste is treated in accordance with the
following rules:
1. Subject to paragraphs 3 and 4, the following rules apply in respect of
each regulated constituent set out for the waste in Schedule 5 if the
waste is an aqueous waste:
i. If Column 5 of Schedule 5 sets out one or more treatment codes as
the land disposal treatment requirement for that regulated
constituent of the waste,
A. the waste must be treated in accordance with Schedule 5
using the treatment methods set out for those treatment
codes in Schedule 7, and
B. the treated waste resulting from each treatment method must
meet the treatment standard set out for that method in
Schedule 7.
ii. If Column 5 of Schedule 5 sets out a numerical concentration as the
land disposal treatment requirement for that regulated constituent
of the waste, the waste must be treated so that, based on an
analysis of composite samples, the concentration of the regulated
constituent in the treated waste is less than that concentration.
iii. If subparagraphs i and ii both apply, the waste only needs to be
treated in accordance with one of those subparagraphs.
iv. If Column 5 of Schedule 5 contains the words “meet Schedule 6
standards” in respect of a land disposal treatment requirement for
the waste and, on or after December 31, 2009, the waste is treated
in accordance with that requirement, the waste must also be
treated so that, based on an analysis of composite samples, the
concentration in the treated waste of each regulated constituent
listed in Schedule 6 is less than the concentration set out for that
regulated constituent in Column 3 of Schedule 6.
2. Subject to paragraphs 3 and 4, the following rules apply in respect of
each regulated constituent set out for the waste in Schedule 5 if the
waste is a non-aqueous waste:
i. If Column 6 of Schedule 5 sets out one or more treatment codes as
the land disposal treatment requirement for that regulated
constituent of the waste,
A. the waste must be treated in accordance with Schedule 5
using the treatment methods set out for those treatment
codes in Schedule 7, and
B. the treated waste resulting from each treatment method must
meet the treatment standard set out for that method in
Schedule 7.
ii. If Column 6 of Schedule 5 sets out a numerical concentration as the
land disposal treatment requirement for that regulated constituent
of the waste, the waste must be treated so that, based on an
analysis of grab samples, the concentration of the regulated
constituent in the treated waste is less than that concentration.
iii. If subparagraphs i and ii both apply, the waste only needs to be
treated in accordance with one of those subparagraphs.
iv. If Column 6 of Schedule 5 contains the words “meet Schedule 6
standards” in respect of a land disposal treatment requirement for
the waste and, on or after December 31, 2009, the waste is treated
in accordance with that requirement, the waste must also be
treated so that, based on an analysis of grab samples, the
concentration in the treated waste of each regulated constituent
listed in Schedule 6 is less than the concentration set out for that
regulated constituent in Column 4 of Schedule 6.
v. For the purpose of subparagraphs ii and iv, if the numerical
concentration set out in Column 6 of Schedule 5 or Column 4 of
Schedule 6 is expressed as a TCLP concentration, the
concentration in the treated waste must be determined using the
Toxicity Characteristic Leaching Procedure.
3. If Column 5 or 6 of Schedule 5 contains the words “best efforts to
achieve” in respect of a numerical concentration that is set out as the
land disposal treatment requirement for that regulated constituent of the
waste, it is not necessary for the concentration of the regulated
constituent in the treated waste to be less than that concentration, but
the person treating the waste must use the person’s best efforts to
achieve that standard.
4. If treatment subcategories are set out for the waste in Schedule 5,
paragraphs 1 to 3 apply to the treatment subcategory that most closely
describes the waste. O. Reg. 461/05, s. 17.
(2) Dilution may not be used to comply with subparagraph 1 ii or iv or 2 ii
or iv of subsection (1). O. Reg. 461/05, s. 17.
(3) Nothing in this section requires further treatment for a regulated
constituent of a waste if,
(a) treatment that is required for the waste by subsection (1) causes the
concentration of the regulated constituent in the treated waste to
increase;
(b) a numerical concentration is set out as the land disposal treatment
requirement for that regulated constituent of the waste in,
(i) Column 5 of Schedule 5, if the waste is an aqueous waste, or
(ii) Column 6 of Schedule 5, if the waste is a non-aqueous waste; and
(c) the concentration of the regulated constituent in the untreated waste was
less than the concentration referred to in clause (b). O. Reg. 461/05,
s. 17.
(4) For the purpose of subsection (3), if the numerical concentration referred
to in clause (3) (b) is expressed as a TCLP concentration, the concentration of the
regulated constituent in the untreated waste and in the treated waste must be
determined using the Toxicity Characteristic Leaching Procedure. O. Reg. 461/05,
s. 17.
(5) Despite subsection (1), a person may dispose of characteristic waste by
land disposal if the waste has been treated in a manner that the Director has
approved in writing as equivalent to the treatment referred to in subsection (1).
O. Reg. 461/05, s. 17.
(6) This section does not apply to a hazardous waste that is a characteristic
waste and that is also a listed waste if all of the regulated constituents set out for
the waste in Schedule 5 are regulated constituents set out for the waste in Schedule
1, Part A of Schedule 2, Part B of Schedule 2 or Schedule 3. O. Reg. 461/05, s. 17.
(7) Subsections (1) to (5) do not apply to a waste until December 31, 2009
unless the waste is listed in Schedule 13. O. Reg. 461/05, s. 17.
80. (1) Sections 75, 77 and 79 do not apply to the land disposal of a sealed
container if,
(a) a certificate described in subsection (3) is affixed to the container;
(b) the container does not appear to be broken or leaking; and
(c) the seal does not appear to be broken or tampered with. O. Reg. 461/05,
s. 18.
(2) A generator who transfers a sealed container containing waste shall affix
a certificate described in subsection (3) to the container if,
(a) all the waste in the container is hazardous industrial waste, hazardous
waste chemical or characteristic waste;
(b) the waste in the container was produced at the generator’s waste
generation facility;
(c) the waste generation facility produces a total of less than 100 kilograms
of hazardous industrial waste, hazardous waste chemical and
characteristic waste in any month;
(d) no waste in the container has been mixed, blended, bulked or in any
other way intermingled with any other waste or material;
(e) the container and its seal comply with any requirements of the Manual;
and
(f) the total weight of the container and its contents does not exceed 250
kilograms. O. Reg. 461/05, s. 18.
(3) The certificate referred to in clause (1) (a) and subsection (2) must
contain the following:
1. The name, address and telephone number of the generator.
2. A statement that, pursuant to subsection (1), sections 75, 77 and 79 do
not apply to the land disposal of the sealed container, as long as,
i. the container does not appear to be broken or leaking, and
ii. the seal does not appear to be broken or tampered with.
3. A description of the contents of the container, including,
i. a statement that all the waste in the container is hazardous industrial
waste, hazardous waste chemical or characteristic waste,
ii. a statement that no waste in the container has been mixed, blended,
bulked or in any other way intermingled with any other waste or
material, and
iii. a statement that the waste in the container was produced at the
generator’s waste generation facility.
4. A statement that the waste generation facility produces a total of less
than 100 kilograms of hazardous industrial waste, hazardous waste
chemical and characteristic waste in any month.
5. A statement that the container and its seal comply with any requirements
of the Manual.
6. A statement that the total weight of the container and its contents does
not exceed 250 kilograms. O. Reg. 461/05, s. 18.
81. Sections 75 to 79 do not apply to the land disposal of hazardous waste
that is composed only of combined quantities of individual wastes described in
one or more of clauses (n), (p), (q), (r), (s), (t) and (u) of the definition of
“hazardous waste” in subsection 1 (1) if,
(a) each of the individual wastes was brought to and accepted by a waste
disposal site that accepts that type of waste from the general public,
handles and temporarily stores it, but does not process or dispose of it;
and
(b) each of the individual wastes would be hazardous waste if it were
produced by a commercial or industrial generator or if it were produced
in a larger quantity. O. Reg. 461/05, s. 18.
82. (1) Despite sections 75 to 79, a person may dispose of listed waste or
characteristic waste by land disposal if the waste is soil or a soil mixture and the
waste is first treated in accordance with the following rules:
1. If the soil or soil mixture is corrosive waste, ignitable waste or reactive
waste, it must be treated so that it ceases to be corrosive waste, ignitable
waste or reactive waste, as the case may be.
2. For each regulated constituent listed in Schedule 6 that can reasonably be
expected to be present in the soil or soil mixture at a concentration that
exceeds 10 times the standard set out for that regulated constituent in
Column 4 of that Schedule, the soil or soil mixture must be treated so
that,
i. the concentration of the regulated constituent after the treatment is
not more than 10 per cent of the concentration of the regulated
constituent before the treatment, or
ii. the concentration of the regulated constituent after the treatment is
not more than 10 times the standard set out for the regulated
constituent in Column 4 of Schedule 6.
3. For the purpose of subparagraph 2 i, the concentration of the regulated
constituent shall be based on,
i. the total concentration of the regulated constituent in the soil or soil
mixture, measured in milligrams per kilogram, if,
A. the regulated constituent is a metal, and the soil or soil
mixture is treated using a metals removal technology,
B. the regulated constituent is carbon disulfide, cyclohexanone
or methanol, and the soil or soil mixture is treated using a
metals removal technology, or
C. the regulated constituent is not a metal and is not carbon
disulfide, cyclohexanone or methanol, or
ii. if subparagraph i does not apply, the concentration of the regulated
constituent in leachate from the treated media, measured in
milligrams per litre, when the soil or soil mixture is tested using
the Toxicity Characteristic Leaching Procedure.
4. If soil or a soil mixture is treated in accordance with paragraphs 1 to 3
and the residuals from the treatment are characteristic waste that is soil
or a soil mixture, paragraphs 1 to 3 also apply to those residuals.
O. Reg. 461/05, s. 19.
(2) If soil or a soil mixture is treated in accordance with paragraphs 1 to 3 of
subsection (1) and the residuals from the treatment are characteristic waste that is
not soil or a soil mixture, section 79 applies to those residuals. O. Reg. 461/05,
s. 19.
83. (1) In this section,
“debris” means solid waste that has a particle size of more than 60 millimetres,
and includes material that remains with debris when simple mechanical
means or simple physical means are used to separate material that is debris
from material that is not debris;
“debris mixture” means a mixture of debris and other material where, based on
visual inspection, the volume of the mixture is made up primarily of debris.
O. Reg. 461/05, s. 19.
(2) Despite sections 75 to 79, a person may dispose of a listed waste or a
characteristic waste by land disposal if the waste is debris or a debris mixture and
the waste is first treated in accordance with the following rules:
1. One or more of the treatment methods listed in Schedule 8 must be used.
2. If Schedule 8 sets out restrictions applicable to a treatment method, that
method may be used only in accordance with those restrictions.
3. When a treatment method listed in Schedule 8 is used, the treatment must
achieve the standard set out for that treatment method in that Schedule.
4. If more than one treatment method listed in Schedule 8 is used and one
of the treatment methods uses an immobilization technology, the
method that uses the immobilization technology must be the last
treatment method to be used.
5. After the waste is treated, the residuals from the treatment must be
separated by simple mechanical means or simple physical means into,
i. residuals that are debris, and
ii. residuals that are not debris.
6. After the waste is treated, the residuals from the treatment that are debris
must not be,
i. corrosive waste,
ii. ignitable waste,
iii. leachate toxic waste, or
iv. reactive waste.
7. If waste that is reactive waste because of the presence of cyanide is
treated, the residuals from the treatment that are debris must be treated
so that they may be land disposed in accordance with section 79 and,
for that purpose, the residuals shall be deemed to be waste that is
reactive waste because of the presence of cyanide.
8. If waste is treated by spalling, layers of the waste that are removed by
spalling must be treated in accordance with the rules set out in this
subsection and, for that purpose, the removed layers shall be deemed to
be debris.
9. After the waste is treated, residuals from the treatment that are not debris
must be treated in accordance with the following rules:
i. Residuals that are hazardous waste and are hazardous industrial
waste must be treated so that they may be land disposed in
accordance with section 75.
ii. Residuals that are hazardous waste and are acute hazardous waste
chemical must be treated so that they may be land disposed in
accordance with section 76.
iii. Residuals that are hazardous waste and are hazardous waste
chemical must be treated so that they may be land disposed in
accordance with section 77.
iv. Residuals that are hazardous waste and are severely toxic waste
chemical must be treated so that they may be land disposed in
accordance with section 78.
v. Residuals that are hazardous waste and are leachate toxic waste
must be treated so that they may be land disposed in accordance
with section 79.
vi. Residuals that are hazardous waste and are corrosive waste,
ignitable waste or reactive waste must be treated so that they are
no longer corrosive waste, ignitable waste or reactive waste,
unless subparagraph vii applies.
vii. The following residuals from the treatment must be treated so that
they may be land disposed in accordance with section 79 if they
are hazardous waste:
A. Residuals that are reactive waste because of the presence of
cyanide.
B. Residuals that are ignitable waste, are non-aqueous waste and
contain 10 per cent total organic carbon or more. O. Reg.
461/05, s. 19.
(3) If debris or a debris mixture is treated in accordance with the rules set
out in subsection (2) and an immobilization technology described in Schedule 8
was not used, residuals from the treatment that are debris shall be deemed, for the
purposes of this Regulation, not to be listed waste. O. Reg. 461/05, s. 19.
(4) Subsection (2) does not apply to debris or a debris mixture that includes
any of the following:
1. Lead acid batteries, cadmium batteries or radioactive lead solids.
2. Process residuals, including,
i. smelter slag,
ii. residues from the treatment of wastewater or other waste,
iii. sludge and residues from the treatment of sludge, and
iv. residues from air pollution control equipment.
3. Intact containers of hazardous waste that are not ruptured and that retain
at least 75 per cent of the volume of the original container. O. Reg.
461/05, s. 19.
84. (1) A generator who transfers any of the following waste to a receiving
facility shall, before or at the time the waste is received at the receiving facility,
give the receiver notice of the information referred to in subsection (2):
1. Characteristic waste or listed waste that, pursuant to section 75, 76, 77,
78 or 79, may not be land disposed.
2. Waste that was characteristic waste but has been treated so that it is no
longer characteristic waste, if the waste may not be disposed of by land
disposal under subsection 79 (1). O. Reg. 461/05, s. 20.
(2) The information referred to in subsection (1) is the current information
relating to the waste that is contained in,
(a) the most recent annual Generator Registration Report submitted by the
generator or, if no annual Generator Registration Report has been
submitted, the initial Generator Registration Report submitted by the
generator; and
(b) any subsequent supplementary Generator Registration Reports
submitted by the generator. O. Reg. 461/05, s. 20.
(3) The generator shall comply with subsection (1) by giving the
information, or a specific Internet address where the information can be found,
(a) to the carrier who transports the waste to the receiving facility, with
instructions to deliver it to the receiver when the waste is delivered;
(b) to the receiver, in accordance with section 182 of the Act; or
(c) to the receiver, by fax or another form of delivery. O. Reg. 461/05, s. 20.
(4) The generator is only required to comply with subsection (1) in respect
of,
(a) the first transfer to the receiving facility of each type of characteristic
waste or listed waste identified in,
(i) the most recent annual Generator Registration Report submitted by
the generator or, if no annual Generator Registration Report has
been submitted, the initial Generator Registration Report
submitted by the generator, and
(ii) any subsequent supplementary Generator Registration Reports
submitted by the generator; and
(b) the first transfer to the receiving facility of a type of waste referred to in
clause (a) following each significant change to information previously
given to the receiver under subsection (1), if the change relates to the
description or physical or chemical properties of that type of waste.
O. Reg. 461/05, s. 20.
(5) The generator shall make a record of its compliance with subsection (1),
including the receiver to whom information was given under subsection (1) and
the date the information was given. O. Reg. 461/05, s. 20.
(6) The generator shall keep every record made under subsection (5) at the
waste generation facility for two years. O. Reg. 461/05, s. 20.
(7) If waste is transferred by a generator to a receiving facility, the waste
was characteristic waste and the waste can be disposed of by land disposal under
section 79,
(a) the generator shall, before or at the time the waste is received at the
receiving facility, give the receiver notice that the waste was
characteristic waste and that the waste can be disposed of by land
disposal under section 79; and
(b) subsections (3) to (6) apply, with necessary modifications, in respect of
a notice required by clause (a). O. Reg. 461/05, s. 20.
85. (1) A generator or operator of a waste disposal site who treats waste in
accordance with section 75, 76, 77, 78, 79, 82 or 83 shall develop and follow a
written plan that requires regular and detailed chemical and physical testing of
representative samples of the waste. O. Reg. 461/05, s. 21.
(2) The person who develops the plan shall ensure that,
(a) the plan includes requirements to ensure that the testing will provide all
information necessary to treat the waste in accordance with section 75,
76, 77, 78, 79, 82 or 83, as the case may be;
(b) the plan specifies the frequency with which testing will be conducted.
O. Reg. 461/05, s. 21.
(3) A person who develops a plan under subsection (1) shall keep a copy of
the plan while that subsection applies to the person and for at least two years after
that subsection ceases to apply to the person. O. Reg. 461/05, s. 21.
(4) A person who is required to keep a copy of a plan under subsection (3)
shall keep it at,
(a) the waste generation facility, if the person is a generator, or
(b) the waste disposal site, if the person is the operator of a waste disposal
site. O. Reg. 461/05, s. 21.
(5) The person who is required to follow a plan under subsection (1) shall
make a record of the result of every test conducted in accordance with the plan.
O. Reg. 461/05, s. 21.
(6) A person who makes a record under subsection (5) shall keep the record
for at least two years. O. Reg. 461/05, s. 21.
FORMS 1, 2 Revoked: O. Reg. 501/01, s. 12.
SCHEDULE 1
HAZARDOUS INDUSTRIAL WASTE
K003 Wastewater treatment Chromium (Total) 7440-47- 2.77 0.60 mg/L TCLP
sludge from the production 3
of molybdate orange Lead 7439-92- 0.69 0.75 mg/L TCLP
pigments. 1
K004 Wastewater treatment Chromium (Total) 7440-47- 2.77 0.60 mg/L TCLP
sludge from the production 3
of zinc yellow pigments. Lead 7439-92- 0.69 0.75 mg/L TCLP
1
K005 Wastewater treatment Chromium (Total) 7440-47- 2.77 0.60 mg/L TCLP
sludge from the production 3
of chrome green pigments. Lead 7439-92- 0.69 0.75 mg/L TCLP
1
Cyanides (Total)7 57-12-5 1.2 590
K006 Wastewater treatment Treatment Subcategory 1
sludge from the production Wastewater treatment sludge from the production of chrome oxide green pigments
of chrome oxide green (anhydrous):
pigments (anhydrous and
Chromium (Total) 7440- 2.77 0.60 mg/L TCLP
hydrated).
47-3
Lead 7439- 0.69 0.75 mg/L TCLP
92-1
Treatment Subcategory 2
Wastewater treatment sludge from the production of chrome oxide green pigments
(hydrated):
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Lead 7439-92-1 0.69 NA
K007 Wastewater treatment Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
sludge from the production Lead 7439-92-1 0.69 0.75 mg/L TCLP
of iron blue pigments.
Cyanides (Total)7 57-12-5 1.2 590
K008 Oven residue from the Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
production of chrome Lead 7439-92-1 0.69 0.75 mg/L TCLP
oxide green pigments.
Organic chemicals:
K009 Distillation bottoms from Chloroform 67-66-3 0.046 6.0
the production of
acetaldehyde from
ethylene.
K010 Distillation side cuts from Chloroform 67-66-3 0.046 6.0
the production of
acetaldehyde from
ethylene.
K011 Bottom stream from the Acetonitrile 75-05-8 5.6 38
wastewater stripper in the Acrylonitrile 107-13-1 0.24 84
production of acrylonitrile.
Acrylamide 79-06-1 19 23
Benzene 71-43-2 0.14 10
Cyanides (Total)7 57-12-5 1.2 590
K013 Bottom stream from the Acetonitrile 75-05-8 5.6 38
acetonitrile column in the Acrylonitrile 107-13-1 0.24 84
production of acrylonitrile.
Acrylamide 79-06-1 19 23
Benzene 71-43-2 0.14 10
Cyanides (Total)7 57-12-5 1.2 590
K014 Bottoms from the Acetonitrile 75-05-8 5.6 38
acetonitrile purification Acrylonitrile 107-13-1 0.24 84
column in the production
Acrylamide 79-06-1 19 23
of acrylonitrile.
Benzene 71-43-2 0.14 10
Cyanides (Total)7 57-12-5 1.2 590
K015 Still bottoms from the Anthracene 120-12-7 0.059 3.4
distillation of benzyl Benzal chloride 98-87-3 0.055 6.0
chloride.
Benzo(b)fluoranthene 205-99-2 0.11 6.8
(difficult to distinguish
from benzo(k)fluoranthene)
Benzo(k)fluoranthene 207-08-9 0.11 6.8
(difficult to distinguish
from benzo(b)fluoranthene)
Phenanthrene 85-01-8 0.059 5.6
Toluene 108-88-3 0.08 10
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Nickel 7440-02-0 3.98 11 mg/L TCLP
K016 Heavy ends or distillation Hexachlorobenzene 118-74-1 0.055 10
residues from the Hexachlorobutadiene 87-68-3 0.055 5.6
production of carbon
Hexachlorocyclopentadiene 77-47-4 0.057 2.4
tetrachloride.
Hexachloroethane 67-72-1 0.055 30
Tetrachloroethylene 127-18-4 0.056 6.0
K017 Heavy ends (still bottoms) bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
from the purification 1,2-Dichloropropane 78-87-5 0.85 18
column in the production
1,2,3-Trichloropropane 96-18-4 0.85 30
of epichlorohydrin.
K018 Heavy ends from the Chloroethane 75-00-3 0.27 6.0
fractionation column in Chloromethane 74-87-3 0.19 NA
ethyl chloride production.
1,1-Dichloroethane 75-34-3 0.059 6.0
1,2-Dichloroethane 107-06-2 0.21 6.0
Hexachlorobenzene 118-74-1 0.055 10
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachloroethane 67-72-1 0.055 30
Pentachloroethane 76-01-7 NA 6.0
1,1,1-Trichloroethane 71-55-6 0.054 6.0
K019 Heavy ends from the bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
distillation of ethylene Chlorobenzene 108-90-7 0.057 6.0
dichloride in ethylene
Chloroform 67-66-3 0.046 6.0
dichloride production.
p-Dichlorobenzene 106-46-7 0.09 NA
1,2-Dichloroethane 107-06-2 0.21 6.0
Fluorene 86-73-7 0.059 NA
Hexachloroethane 67-72-1 0.055 30
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 NA
Tetrachloroethylene 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene 120-82-1 0.055 19
1,1,1-Trichloroethane 71-55-6 0.054 6.0
K020 Heavy ends from the 1,2-Dichloroethane 107-06-2 0.21 6.0
distillation of vinyl 1,1,2,2-Tetrachloroethane 79-34-6 0.057 6.0
chloride in vinyl chloride
Tetrachloroethylene 127-18-4 0.056 6.0
monomer production.
K177 Slag from the production Antimony 7440-36-0 1.9 1.15 mg/L TCLP
of antimony oxide that is Arsenic 7440-38-2 1.4 5.0 mg/L TCLP
speculatively accumulated
Lead 7439-92-1 0.69 0.75 mg/L TCLP
or disposed, including slag
from the production of
intermediates (e.g.,
antimony metal or crude
antimony oxide).
K178 Residues from 1,2,3,4,6,7,8- 35822-46- 0.000035 or 0.0025 or CMBST8
manufacturing and Heptachlorodibenzo-p- 9 CMBST8
manufacturing-site storage dioxin, (1,2,3,4,6,7,8-
of ferric chloride from HpCDD)
acids formed during the 1,2,3,4,6,7,8- 67562-39- 0.000035 or 0.0025 or CMBST8
production of titanium Heptachlorodibenzofuran, 4 CMBST8
dioxide using the chloride- (1,2,3,4,6,7,8-HpCDF)
ilmenite process.
1,2,3,4,7,8,9- 55673-89- 0.000035 or 0.0025 or CMBST8
Heptachlorodibenzofuran, 7 CMBST8
(1,2,3,4,7,8,9-HpCDF)
HxCDDs (All 34465-46- 0.000063 or 0.001 or CMBST8
Hexachlorodibenzo-p- 8 CMBST8
dioxins)
HxCDFs (All 55684-94- 0.000063 or 0.001 or CMBST8
Hexachlorodibenzofurans) 1 CMBST8
1,2,3,4,6,7,8,9- 3268-87-9 0.000063 or 0.005 or CMBST8
Octachlorodibenzo-p- CMBST8
dioxin, (OCDD)
1,2,3,4,6,7,8,9- 39001-02- 0.000063 or 0.005 or CMBST8
Octachlorodibenzofuran, 0 CMBST8
(OCDF)
PeCDDs (All 36088-22- 0.000063 or 0.001 or CMBST8
Pentachlorodibenzo-p- 9 CMBST8
dioxins
PeCDFs (All 30402-15- 0.000035 or 0.001 or CMBST8
Pentachlorodibenzofurans) 4 CMBST8
TCDDs (All 41903-57- 0.000063 or 0.001 or CMBST8
tetachlorodibenzo-p- 5 CMBST8
dioxins)
TCDFs (All 55722-27- 0.000063 or 0.001 or CMBST8
tetrachlorodibenzofurans) 5 CMBST8
Thallium 7440-28-0 1.4 0.20 mg/L TCLP
Pesticides:
K031 Byproduct salts generated Arsenic 7440-38-2 14 5.0 mg/L TCLP
in the production of
MSMA and cacodylic
acid.
K032 Wastewater treatment Hexachlorocyclopentadiene 77-47-4 0.057 2.4
sludge from the production Chlordane (alpha and 57-74-9 0.0033 0.26
of chlordane. gamma isomers)
Heptachlor 76-44-8 0.0012 0.066
Heptachlor epoxide 1024-57-3 0.016 0.066
K033 Wastewater and scrub Hexachlorocyclopentadiene 77-47-4 0.057 2.4
water from the
chlorination of
cyclopentadiene in the
production of chlordane.
K034 Filter solids from the Hexachlorocyclopentadiene 77-47-4 0.057 2.4
filtration of
hexachlorocyclopentadiene
in the production of
chlordane.
K035 Wastewater treatment Acenaphthene 83-32-9 NA 3.4
sludges generated in the Anthracene 120-12-7 NA 3.4
production of creosote.
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Chrysene 218-01-9 0.059 3.4
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to 108-39-4 0.77 5.6
distinguish from p-cresol)
p-Cresol (difficult to 106-44-5 0.77 5.6
distinguish from m-cresol)
Dibenz(a,h)anthracene 53-70-3 NA 8.2
Fluoranthene 206-44-0 0.068 3.4
Fluorene 86-73-7 NA 3.4
Indeno(1,2,3-cd)pyrene 193-39-5 NA 3.4
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-1 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
K036 Still bottoms from toluene Disulfoton 298-04-4 0.017 6.2
reclamation distillation in
the production of
disulphoton.
K037 Wastewater treatment Disulfoton 298-04-4 0.017 6.2
sludges from the Toluene 108-88-3 0.08 10
production of disulphoton.
K038 Wastewater from the Phorate 298-02-2 0.021 4.6
washing and stripping of
phorate production.
K039 Filter cake from the Filter cake from the NA CARBN; or CMBST
filtration of diethyl filtration of diethyl CMBST
phosphorodithioic acid in phosphorodithioic acid in
the production of phorate. the production of phorate.
K040 Wastewater treatment Phorate 298-02-2 0.021 4.6
sludge from the production
of phorate.
K041 Wastewater treatment Toxaphene 8001-35-2 0.0095 2.6
sludge from the production
of toxaphene.
K042 Heavy ends or distillation o-Dichlorobenzene 95-50-1 0.088 6.0
residues from the p-Dichlorobenzene 106-46-7 0.09 6.0
distillation of
Pentachlorobenzene 608-93-5 0.055 10
tetrachlorobenzene in the
production of 2,4,5T. 1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
1,2,4-Trichlorobenzene 120-82-1 0.055 19
K043 2,6-Dichlorophenol waste 2,4-Dichlorophenol 120-83-2 0.044 14
from the production of 2,6-Dichlorophenol 187-65-0 0.044 14
2,4D.
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
2,3,4,6-Tetrachlorophenol 58-90-2 0.03 7.4
Pentachlorophenol 87-86-5 0.089 7.4
Tetrachloroethylene 127-18-4 0.056 6.0
HxCDDs (All NA 0.000063 0.001
Hexachlorodibenzo-p-
dioxins)
HxCDFs (All NA 0.000063 0.001
Hexachlorodibenzofurans)
PeCDDs (All NA 0.000063 0.001
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All NA 0.000035 0.001
Pentachlorodibenzofurans)
TCDDs (All NA 0.000063 0.001
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All NA 0.000063 0.001
Tetrachlorodibenzofurans)
K097 Vacuum stripper discharge Chlordane (alpha and 57-74-9 0.0033 0.26
from the chlordane gamma isomers)
chlorinator in the Heptachlor 76-44-8 0.0012 0.066
production of chlordane.
Heptachlor epoxide 1024-57-3 0.016 0.066
Hexachlorocyclopentadiene 77-47-4 0.057 2.4
K098 Untreated process Toxaphene 8001-35-2 0.0095 2.6
wastewater from the
production of toxaphene.
K099 Untreated wastewater from 2,4-Dichlorophenoxyacetic 94-75-7 0.72 10
the production of 2,4-D. acid
HxCDDs (All NA 0.000063 0.001
Hexachlorodibenzo-p-
dioxins)
HxCDFs (All NA 0.000063 0.001
Hexachlorodibenzofurans)
PeCDDs (All NA 0.000063 0.001
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All NA 0.000035 0.001
Pentachlorodibenzofurans)
TCDDs (All NA 0.000063 0.001
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All NA 0.000063 0.001
Tetrachlorodibenzofurans)
K123 Process wastewater Process wastewater NA CMBST; or CMBST
(including supernates, (including supernates, CHOXD fb
filtrates, and washwaters) filtrates, and washwaters) (BIODG or
from the production of from the production of CARBN)
ethylenebisdithiocarbamic ethylenebisdithiocarbamic
acid and its salt. acid and its salt.
K124 Reactor vent scrubber Reactor vent scrubber NA CMBST; or CMBST
water from the production water from the production CHOXD fb
of of (BIODG or
ethylenebisdithiocarbamic ethylenebisdithiocarbamic CARBN)
acid and its salts. acid and its salts.
K125 Filtration, evaporation, and Filtration, evaporation, and NA CMBST; or CMBST
centrifugation solids from centrifugation solids from CHOXD fb
the production of the production of (BIODG or
ethylenebisdithiocarbamic ethylenebisdithiocarbamic CARBN)
acid and its salts. acid and its salts.
K126 Baghouse dust and floor Baghouse dust and floor NA CMBST; or CMBST
sweepings in milling and sweepings in milling and CHOXD fb
packaging operations from packaging operations from (BIODG or
the production or the production or CARBN)
formulation of formulation of
ethylenebisdithiocarbamic ethylenebisdithiocarbamic
acid and its salts. acid and its salts.
K131 Wastewater from the Methyl bromide 74-83-9 0.11 15
reactor and spent sulfuric (Bromomethane)
acid from the acid dryer
from the production of
methyl bromide.
K132 Spent absorbent and Methyl bromide 74-83-9 0.11 15
wastewater separator (Bromomethane)
solids from the production
of methyl bromide.
Explosives:
K044 Wastewater treatment Wastewater treatment NA DEACT DEACT
sludges from the sludges from the
manufacturing and manufacturing and
processing of explosives. processing of explosives.
K045 Spent carbon from the Spent carbon from the NA DEACT DEACT
treatment of wastewater treatment of wastewater
containing explosives. containing explosives.
K046 Wastewater treatment Lead 7439-92-1 0.69 0.75 mg/L TCLP
sludges from the
manufacturing formulation
and loading of leadbased
initiating compounds.
K047 Pink/red water from TNT Pink/red water from TNT NA DEACT DEACT
operations. operations.
Petroleum refining:
K048 Dissolved air flotation Benzene 71-43-2 0.14 10
(DAF) float from the Benzo(a)pyrene 50-32-8 0.061 3.4
petroleum refining
bis(2-Ethylhexyl)phthalate 117-81-7 0.28 28
industry.
Chrysene 218-01-9 0.059 3.4
Di-n-butyl phthalate 84-74-2 0.057 28
Ethylbenzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 NA
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
Toluene 108-88-33 0.08 10
Xylenes-mixed isomers 1330-20-7 0.32 30
(sum of o-, m-, and p-
xylene concentrations)
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Cyanides (Total)7 57-12-5 1.2 590
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11 mg/L TCLP
K049 Slop oil emulsion solids Anthracene 120-12-7 0.059 3.4
from the petroleum Benzene 71-43-2 0.14 10
refining industry.
Benzo(a)pyrene 50-32-8 0.061 3.4
bis(2-Ethylhexyl)phthalate 117-81-7 0.28 28
Carbon disulfide 75-15-0 3.8 NA
Chrysene 2218/01/09 0.059 3.4
2,4-Dimethylphenol 105-67-9 0.036 NA
Ethylbenzene 100-41-4 0.057 10
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
Toluene 108-88-3 0.08 10
Xylenes-mixed isomers 1330-20-7 0.32 30
(sum of o-, m-, and p-
xylene concentrations)
Cyanides (Total)7 57-12-5 1.2 590
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11 mg/L TCLP
K050 Heat exchanger bundle Benzo(a)pyrene 50-32-8 0.061 3.4
cleaning sludge from the Phenol 108-95-2 0.039 6.2
petroleum refining
Cyanides (Total)7 57-12-5 1.2 590
industry.
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11 mg/L TCLP
K051 API separator sludge from Acenaphthene 83-32-9 0.059 NA
the petroleum refining Anthracene 120-12-7 0.059 3.4
industry.
Benz(a)anthracene 56-55-3 0.059 3.4
Benzene 71-43-2 0.14 10
Benzo(a)pyrene 50-32-8 0.061 3.4
bis(2-Ethylhexyl)phthalate 117-81-7 0.28 28
Chrysene 2218/01/09 0.059 3.4
Di-n-butyl phthalate 105-67-9 0.057 28
Ethylbenzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 NA
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
Toluene 108-88-3 0.08 10
Xylenes-mixed isomers 1330-20-7 0.32 30
(sum of o-, m-, and p-
xylene concentrations)
Cyanides (Total)7 57-12-5 1.2 590
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11 mg/L TCLP
K052 Tank bottoms (leaded) Benzene 71-43-2 0.14 10
from the petroleum Benzo(a)pyrene 50-32-8 0.061 3.4
refining industry.
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to 108-39-4 0.77 5.6
distinguish from p-cresol)
p-Cresol (difficult to 106-44-5 0.77 5.6
distinguish from m-cresol)
2,4-Dimethylphenol 105-67-9 0.036 NA
Ethylbenzene 100-41-4 0.057 10
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Toluene 108-88-3 0.08 10
Xylenes-mixed isomers 1330-20-7 0.32 30
(sum of o-, m-, and p-
xylene concentrations)
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Cyanides (Total)7 57-12-5 1.2 590
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11 mg/L TCLP
K169 Crude oil storage tank Benz(a)anthracene 56-55-3 0.059 3.4
sediment from petroleum Benzene 71-43-2 0.14 10
refining operations.
Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
Chrysene 218-01-9 0.059 3.4
Ethyl benzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 3.4
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 81-05-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2
Toluene (Methyl Benzene) 108-88-3 0.08 10
Xylene(s) (Total) 1330-20-7 0.32 30
K170 Clarified slurry oil tank Benz(a)anthracene 56-55-3 0.059 3.4
sediment and/or in-line Benzene 71-43-2 0.14 10
filter/separation solids Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
from petroleum refining
operations. Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Ethyl benzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 3.4
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 81-05-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2
Toluene (Methyl Benzene) 108-88-3 0.08 10
Xylene(s) (Total) 1330-20-7 0.32 30
K171 Spent Hydrotreating Benz(a)anthracene 56-55-3 0.059 3.4
catalyst from petroleum Benzene 71-43-2 0.14 10
refining operations,
Chrysene 218-01-9 0.059 3.4
including guard beds used
to desulfurize feeds to Ethyl benzene 100-41-4 0.057 10
other catalytic reactors Naphthalene 91-20-3 0.059 5.6
(this listing does not Phenanthrene 81-05-8 0.059 5.6
include inert support
media). Pyrene 129-00-0 0.67 8.2
Toluene (Methyl Benzene) 108-88-3 0.08 10
Xylene(s) (Total) 1330-20-7 0.32 30
Arsenic 7740-38-2 1.4 5 mg/L TCLP
Nickel 7440-02-0 3.98 11.0 mg/L TCLP
Vanadium 7440-62-2 4.3 1.6 mg/L TCLP
Reactive sulfides NA DEACT DEACT
K172 Spent Hydrorefining Benzene 71-43-2 0.14 10
catalyst from petroleum Ethyl benzene 100-41-4 0.57 10
refining operations,
Toluene (Methyl Benzene) 108-88-3 0.08 10
including guard beds used
to desulfurize feeds to Xylene(s) (Total) 1330-20-7 0.32 30
other catalytic reactors Antimony 7740-36-0 1.9 1.15 mg/L TCLP
(this listing does not Arsenic 7740-38-2 1.4 5 mg/L TCLP
include inert support
media). Nickel 7440-02-0 3.98 11.0 mg/L TCLP
Vanadium 7440-62-2 4.3 1.6 mg/L TCLP
Reactive sulfides NA DEACT DEACT
Iron and steel:
K061 Emission control Antimony 7440-36-0 NA 1.15 mg/L TCLP
dust/sludge from the Arsenic 7440-38-2 NA 5.0 mg/L TCLP
primary production of steel
Barium 7440-39-3 NA 21 mg/L TCLP
in electric furnaces.
Beryllium 7440-41-7 NA 1.22 mg/L TCLP
Cadmium 7440-43-9 0.69 0.11 mg/L TCLP
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Lead 7439-92-1 0.69 0.75 mg/L TCLP
Mercury 7439-97-6 NA 0.025 mg/L TCLP
Nickel 7440-02-0 3.98 11 mg/L TCLP
Selenium 7782-49-2 NA 5.7 mg/L TCLP
Silver 7440-22-4 NA 0.14 mg/L TCLP
Thallium 7440-28-0 NA 0.20 mg/L TCLP
Zinc 7440-66-6 NA 4.3 mg/L TCLP
K062 Spent pickle liquor Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
generated by steel Lead 7439-92-1 0.69 0.75 mg/L TCLP
finishing operations within Nickel 7440-02-0 3.98 NA
the iron and steel industry
at steel works, blast
furnaces (including coke
ovens), rolling mills, iron
and steel foundries, gray
and ductile iron foundries,
malleable iron foundries,
steel investment foundries
or other miscellaneous
steel foundries or at
facilities in the
electrometallurgical
products (except steel)
industry, steel wiredrawing
and steel nails and spikes
industry, cold-rolled steel
sheet, strip and bars
industry, or steel pipe and
tubes industry.
Primary aluminum:
K088 Spent potliners from Acenaphthene 83-32-9 0.059 3.4
primary aluminum Anthracene 120-12-7 0.059 3.4
reduction.
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Benzo(b)fluoranthene 205-99-2 0.11 6.8
Benzo(k)fluoranthene 207-08-9 0.11 6.8
Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Fluoranthene 206-44-0 0.068 3.4
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
Phenanthrene 85-01-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2
Antimony 7440-36-0 1.9 1.15 mg/L TCLP
Arsenic 7440-38-2 1.4 26.1
Barium 7440-39-3 1.2 21 mg/L TCLP
Beryllium 7440-41-7 0.82 1.22 mg/L TCLP
Cadmium 7440-43-9 0.69 0.11 mg/L TCLP
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Lead 7439-92-1 0.69 0.75 mg/L TCLP
Mercury 7439-97-6 0.15 0.025 mg/L TCLP
Nickel 7440-02-0 3.98 11 mg/L TCLP
Selenium 7782-49-2 0.82 5.7 mg/L TCLP
Silver 7440-22-4 0.43 0.14 mg/L TCLP
Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
Fluoride 16984-48- 35 NA
8
Secondary lead:
K069 Emission control Treatment Subcategory 1
dust/sludge from Calcium Sulfate (Low Lead)
secondary lead smelting, Cadmium 7440-43-9 0.69 0.11 mg/L TCLP
not including sludge Lead 7439-92-1 0.69 0.75 mg/L TCLP
generated from secondary
acid scrubber systems. Treatment Subcategory 2
Non- Calcium Sulfate (High Lead)
Non- Calcium Sulfate NA NA RLEAD
(High Lead)
K100 Waste leaching solution Cadmium 7440-43-9 0.69 0.11 mg/L TCLP
from acid leaching of Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
emission control
Lead 7439-92-1 0.69 0.75 mg/L TCLP
dust/sludge from
secondary lead smelting.
Veterinary pharmaceuticals:
K084 Wastewater treatment Arsenic 7440-38-2 1.4 5.0 mg/L TCLP
sludges generated during
the production of
veterinary pharmaceuticals
from arsenic or
organoarsenic compounds.
K101 Distillation tar residues o-Nitroaniline 88-74-4 0.27 14
from the distillation of Arsenic 7440-38-2 1.4 5.0 mg/L TCLP
anilinebased compounds in
Cadmium 7440-43-9 0.69 NA
the production of
veterinary pharmaceuticals Lead 7439-92-1 0.69 NA
from arsenic or Mercury 7439-97-6 0.15 NA
organoarsenic compounds.
K102 Residue from the use of o-Nitrophenol 88-75-5 0.028 13
activated carbon for Arsenic 7440-38-2 1.4 5.0 mg/L TCLP
decolourization in the
Cadmium 7440-43-9 0.69 NA
production of veterinary
pharmaceuticals from Lead 7439-92-1 0.69 NA
arsenic or organoarsenic Mercury 7439-97-6 0.15 NA
compounds.
Ink formulation:
K086 Solvent washes and Acetone 67-64-1 0.28 160
sludges, caustic washes Acetophenone 96-86-2 0.01 9.7
and sludges, or water
bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28
washes and sludges from
cleaning tubs and n-Butyl alcohol 71-36-3 5.6 2.6
equipment used in the Butyl benzyl phthalate 85-68-7 0.017 28
formulation of ink from Cyclohexanone 108-94-1 0.36 NA
pigments, driers, soaps,
and stabilizers containing o-Dichlorobenzene 95-50-1 0.088 6.0
chromium and lead. Diethyl phthalate 84-66-2 0.2 28
Dimethyl phthalate 131-11-3 0.047 28
Di-n-butyl phthalate 84-74-2 0.057 28
Di-n-octyl phthalate 117-84-0 0.017 28
Ethyl acetate 141-78-6 0.34 33
Ethylbenzene 100-41-4 0.057 10
Methanol 67-56-1 5.6 NA
Methyl ethyl ketone 78-93-3 0.28 36
Methyl isobutyl ketone 108-10-1 0.14 33
Methylene chloride 75-09-2 0.089 30
Naphthalene 91-20-3 0.059 5.6
Nitrobenzene 98-95-3 0.068 14
Toluene 108-88-3 0.08 10
1,1,1-Trichloroethane 71-55-6 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
Xylenes-mixed isomers 1330-20-7 0.32 30
(sum of o-, m-, and p-
xylene concentrations)
Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP
Cyanides (Total)7 57-12-5 1.2 590
Lead 7439-92-1 0.69 0.75 mg/L TCLP
Coking:
K060 Ammonia still lime sludge Benzene 71-43-2 0.14 10
from coking operations. Benzo(a)pyrene 50-32-8 0.061 3.4
Naphthalene 91-20-3 0.059 5.6
Phenol 108-95-2 0.039 6.2
Cyanides (Total)7 57-12-5 1.2 590
K087 Decanter tank tar sludge Acenaphthylene 208-96-8 0.059 3.4
from coking operations. Benzene 71-43-2 0.14 10
Chrysene 218-01-9 0.059 3.4
Fluoranthene 206-44-0 0.068 3.4
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Toluene 108-88-3 0.08 10
Xylenes-mixed isomers 1330-20-7 0.32 30
(sum of o-, m-, and p-
xylene concentrations)
Lead 7439-92-1 0.69 0.75 mg/L TCLP
K141 Process residues from the Benzene 71-43-2 0.14 10
recovery of coal tar, Benz(a)anthracene 56-55-3 0.059 3.4
including, but not limited
Benzo(a)pyrene 50-2-8 0.061 3.4
to, collecting sump
residues from the Benzo(b)fluoranthene 205-99-2 0.11 6.8
production of coke from (difficult to distinguish
coal or the recovery of from benzo(k)fluoranthene)
coke by-products produced Benzo(k)fluoranthene 207-08-9 0.11 6.8
from coal. This listing (difficult to distinguish
does not include K087 from benzo(b)fluoranthene)
(decanter tank tar sludges Chrysene 218-01-9 0.059 3.4
from coking operations).
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
K142 Tar storage tank residues Benzene 71-43-2 0.14 10
from the production of Benz(a)anthracene 56-55-3 0.059 3.4
coke from coal or from the
Benzo(a)pyrene 50-32-8 0.061 3.4
recovery of coke by-
products produced from Benzo(b)fluoranthene 205-99-2 0.11 6.8
coal. (difficult to distinguish
from benzo(k)fluoranthene)
Benzo(k)fluoranthene 207-08-9 0.11 6.8
(difficult to distinguish
from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
K143 Process residues from the Benzene 71-43-2 0.14 10
recovery of light oil, Benz(a)anthracene 56-55-3 0.059 3.4
including, but not limited Benzo(a)pyrene 50-32-8 0.061 3.4
to, those generated in stills,
decanters, and wash oil Benzo(b)fluoranthene 205-99-2 0.11 6.8
recovery units from the (difficult to distinguish
recovery of coke by- from benzo(k)fluoranthene)
products produced from Benzo(k)fluoranthene 207-08-9 0.11 6.8
coal. (difficult to distinguish
from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
K144 Wastewater sump residues Benzene 71-43-2 0.14 10
from light oil refining, Benz(a)pyrene 56-55-3 0.059 3.4
including, but not limited
Benzo(a)anthracene 50-32-8 0.061 3.4
to, intercepting or
contamination sump Benzo(b)fluoranthene 205-99-2 0.11 6.8
sludges from the recovery (difficult to distinguish
of coke by-products from benzo(k)fluoranthene)
produced from coal. Benzo(k)fluoranthene 207-08-9 0.11 6.8
(difficult to distinguish
from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
K145 Residues from naphthalene Benzene 71-43-2 0.14 10
collection and recovery Benz(a)anthracene 56-55-3 0.059 3.4
operations from the
Benzo(a)pyrene 50-32-8 0.061 3.4
recovery of coke by-
products produced from Chrysene 218-01-9 0.059 3.4
coal. Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Naphthalene 91-20-3 0.059 5.6
K147 Tar storage tank residues Benzene 71-43-2 0.14 10
from coal tar refining. Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Benzo(b)fluoranthene 205-99-2 0.11 6.8
(difficult to distinguish
from benzo(k)fluoranthene)
Benzo(k)fluoranthene 207-08-9 0.11 6.8
(difficult to distinguish
from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
K148 Residues from coal tar Benz(a)anthracene 56-55-3 0.059 3.4
distillation, including but Benzo(a)pyrene 50-32-8 0.061 3.4
not limited to, still
Benzo(b)fluoranthene 205-99-2 0.11 6.8
bottoms.
(difficult to distinguish
from benzo(k)fluoranthene)
Benzo(k)fluoranthene 207-08-9 0.11 6.8
(difficult to distinguish
from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
Notes to Schedule 1:
1
Treatment subcategories are shown for some wastes. In these cases, it is
necessary to identify the treatment subcategory that most closely describes the
particular waste for which treatment is required. The land disposal treatment
requirements for that waste are those shown for that treatment subcategory.
2
Haz. Waste Number means Hazardous Waste Number. These numbers are
consistent with United States Environmental Protection Agency Hazardous Waste
Numbers. If there is no United States Environmental Protection Agency
Hazardous Waste Number for a waste, the Hazardous Waste Number is assigned
to the waste by the Ontario Ministry of the Environment.
3
CAS Number means the Chemical Abstracts Service Registry Number. When the
waste or a regulated constituent is described as a combination of a chemical with
its salts or esters, the CAS number is given for the parent compound only.
4
See Schedule 7 for a description of the treatment methods and treatment
standards associated with each treatment code. In some cases, the entries in this
Schedule may set out more than one treatment code for a regulated constituent. An
entry may permit a choice of treatment methods. For example, the entry
“CHOXD; BIODG; or CMBST” means that the waste may be treated using any of
the treatment methods that are set out for those treatment codes in Schedule 7. An
entry may require treatment methods to be applied in a particular sequence. For
this purpose, the abbreviation “fb” means “followed by”. For example, the entry
“CHOXD fb CARBN” means that the waste must first be treated using the
treatment method that is set out for CHOXD in Schedule 7 and, following that
treatment, it must be treated using the treatment method that is set out for CARBN
in Schedule 7. An entry may combine a choice of treatment methods and a
requirement to apply treatment methods in a particular sequence (for example,
“(WETOX or CHOXD) fb CARBN; or CMBST”).
5
Concentration requirements for aqueous wastes are based on analysis of
composite samples.
6
Concentration requirements for non-aqueous wastes are based on analysis of
grab samples.
7
Both Cyanides (Total) and Cyanides (Amenable) for non-aqueous wastes are to
be analyzed using Method 9010 or 9012, found in “Test Methods for Evaluating
Solid Waste, Physical/ Chemical Methods”, United States Environmental
Protection Agency Publication SW–846, with a sample size of 10 grams and a
distillation time of one hour and 15 minutes.
8
For these wastes, the treatment method described by the CMBST treatment code
must be carried out at a facility that is authorized through a Certificate of Approval
to treat these types of waste.
9
Resource Conservation and Recovery Act (RCRA), United States Congress, 42
U.S.C. s/s 6901 et seq. (1976), Subtitle C, Code of Federal Regulations, 40CFR,
Chapter I - Environmental Protection Agency, Subchapter I - Solid Wastes, Part
261 - Identification and Listing of Hazardous Waste.
10
K175 non-aqueous wastes that have been treated in compliance with Schedule 1
land disposal treatment requirements must also be macroencapsulated in
accordance with Schedule 8 (Alternative Treatment for Hazardous Debris), unless
the waste is placed in:
(1) A hazardous waste monofill containing only K175 wastes that meet all
applicable Schedule 1 treatment standards; or
(2) A dedicated hazardous waste landfill cell in which all other wastes being co-
disposed are at pH≤ 6.0.
O. Reg. 337/09, s. 20.
SCHEDULE 1.1
EXEMPT HAZARDOUS INDUSTRIAL WASTES
Industry and Site Waste
ICI Canada Inc., Cornwall Brine purification muds (K071), saturator and clarifier sludges only, without mixing
with other wastes or materials) generated from mercury cells at the chloralkali
chlorine plant.
Iron and steel industry, any site Sludge generated by lime stabilization of spent pickle liquor (K062) generated by
steel finishing operations within the iron and steel industry at steel works, blast
furnaces (including coke ovens), rolling mills, iron and steel foundries, gray and
ductile iron foundries, malleable iron foundries, steel investment foundries or other
miscellaneous steel foundries or at facilities in the electrometallurgical products
(except steel) industry, steel wiredrawing and steel nails and spikes industry, cold-
rolled steel sheet, strip and bars industry, or steel pipe and tubes industry.
Iron and steel industry, any site Nonwastewater residues, such as slag, resulting from high temperature metals
recovery (HTMR) processing of K061 or K062 waste, in units identified as rotary
kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary
hearth furnace/electric furnace combinations or industrial furnaces.
Electroplating industry, any site Nonwastewater residues, such as slag, resulting from high temperature metals
recovery (HTMR) processing of F006 waste, in units identified as rotary kilns, flame
reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth
furnace/electric furnace combinations or industrial furnaces.
Organic chemical industry, any Biological treatment sludge from the treatment of organic waste (K156) and
site wastewaters (K157) from the production of carbamates and carbamoyl oximes.
Petroleum refining industry, any Catalyst inert support media separated from spent hydrotreating catalyst (K171) or
site spent hydrorefining catalyst (K172).
O. Reg. 461/05, s. 23.
SCHEDULE 2
PART A — ACUTE HAZARDOUS WASTE CHEMICAL