O. Reg. 372/15: GENERAL - WASTE MANAGEMENT

 

ontario regulation 372/15

made under the

Environmental Protection Act

Made: November 25, 2015
Filed: December 1, 2015
Published on e-Laws: December 1, 2015
Printed in The Ontario Gazette: December 19, 2015

Amending Reg. 347 of R.R.O. 1990

(GENERAL - WASTE MANAGEMENT)

1. The definition of “Ministry website” in subsection 1 (1) of Regulation 347 of the Revised Regulations of Ontario, 1990 is revoked.

2. Paragraph 25 of subsection 3 (2) of the Regulation is amended by striking out “through the Ministry’s website on the Internet” and substituting “on a website of the Government of Ontario”.

3. (1) Subsection 18 (3) of the Regulation is amended by striking out “the required fee, the Director shall post on the Ministry website” and substituting “any fees required under subsections 26.1 (2), (3), (15) and 16, the Director shall post on a website of the Government of Ontario”.

(2) Subsection 18 (7) of the Regulation is amended by striking out “the Ministry website” and substituting “a website of the Government of Ontario”.

(3) Subsection 18 (7.1) of the Regulation is amended by striking out “the Ministry website” at the end and substituting “a website of the Government of Ontario”.

4. Subsection 20.1 (1) of the Regulation is amended by striking out “on the Ministry website” at the end and substituting “on a website of the Government of Ontario”.

5. The Regulation is amended by adding the following section:

Fees

26.1 (1) In this section,

“Director” means,

(a) the Director appointed under section 5 of the Act in respect of this section, or

(b) if no Director described in clause (a) has been appointed, the Director appointed under section 5 of the Act in respect of subsection 18 (1) of this Regulation;

“municipal hazardous or special waste” has the same meaning as in subsection 1 (1) of Ontario Regulation 542/06 (Municipal Hazardous or Special Waste) made under the Waste Diversion Act, 2002;

“phase two environmental site assessment” has the same meaning as in Part XV.1 of the Act;

“risk assessment” has the same meaning as in Part XV.1 of the Act.

(2) Every generator who is required to submit an initial Generator Registration Report under clause 18 (1) (a) shall pay a fee of $50.00 and shall submit the payment with the initial Generator Registration Report.

(3) Every generator who is required to submit an annual Generator Registration Report under clause 18 (1) (b) shall pay a fee of $50.00 and shall submit the payment with each annual Generator Registration Report.

(4) Every generator who is required to submit a completed manifest for the purpose of clause 19 (1) (a) shall pay a fee of $5.00 for each manifest and shall submit the payment in accordance with the Manual.

(5) Every generator who transfers hazardous waste from a waste generation facility to a waste transportation system and is required to submit a Generator Registration Report under subsection 18 (1) and to comply with the requirements set out under subsections 18 (7.1) and 19 (1), shall pay a fee calculated using one of the following formulas and shall submit the payment in accordance with the Manual:

1. If the hazardous waste is transferred after December 31, 2015 and before January 1, 2017:

(A × $20.00)

in which,

“A” is the amount of hazardous waste, calculated in tonnes, that the receiver has certified in the manifest as complete and correct and as having been received.

2. If the hazardous waste is transferred on or after January 1, 2017:

(A × $30.00)

in which,

“A” is the amount of hazardous waste, calculated in tonnes, that the receiver has certified in the manifest as complete and correct and as having been received.

(6) Every generator who intends to dispose of hazardous waste at the waste generation facility at which the hazardous waste was generated, including disposing of the hazardous waste by direct discharge to a sewage works as described in clause 19 (1) (b), and is required to submit an initial or annual Generator Registration Report under subsection 18 (1) or a supplementary Generator Registration Report under subsection 18 (6), shall pay a fee calculated using one of the following formulas and shall submit the payment in accordance with the Manual:

1. If the hazardous waste is intended to be disposed of after December 31, 2015 and before January 1, 2017:

(A × $20.00)

in which,

“A” is the amount of hazardous waste, calculated in tonnes, that the generator estimates will be disposed of, as indicated in the initial, annual or supplementary Generator Registration Report, as the case may be, that pertains to the year in which the disposal is intended to occur.

2. If the hazardous waste is intended to be disposed of on or after January 1, 2017:

(A × $30.00)

in which,

“A” is the amount of hazardous waste, calculated in tonnes, that the generator estimates will be disposed of, as indicated in the initial, annual or supplementary Generator Registration Report, as the case may be, that pertains to the year in which the disposal is intended to occur.

(7) Subsection (5) does not apply to a generator with respect to hazardous waste if the hazardous waste,

(a) is transferred by the generator to a waste transportation system for direct transportation to a facility listed on the “Tonnage Fee Exempt Recycling Facilities” list maintained by the Director and posted on a website of the Government of Ontario;

(b) is accepted at the facility; and

(c) meets any applicable waste stream restrictions set out on the list referred to in clause (a) with respect to the facility.

(8) Subsection (5) does not apply to a generator with respect to hazardous waste if another generator has already paid the fee in respect of that hazardous waste under subsection (5).

(9) Subsections (2) to (5) do not apply to a generator with respect to municipal hazardous or special waste that is subject waste if the Director is satisfied that,

(a) an environmental compliance approval in respect of an activity mentioned in subsection 27 (1) of the Act is required with respect to the municipal hazardous or special waste and the waste,

(i) is collected from the general public at a waste disposal site in Ontario that is subject to an environmental compliance approval that authorizes the collection, and

(ii) is not treated or disposed of at the waste disposal site; or

(b) an environmental compliance approval in respect of an activity mentioned in subsection 27 (1) of the Act is not required with respect to the municipal hazardous or special waste and the waste,

(i) is collected from the general public at a waste disposal site in Ontario, and

(ii) is not treated or disposed of at the waste disposal site.

(10) Subsections (2) to (6) do not apply to a generator with respect to subject waste if the Director is satisfied that the subject waste was produced at a waste generation facility in Ontario as a result of one of the following actions that was undertaken to remediate contaminated soil, or other material in, on or under the soil:

1. An action to complete a phase two environmental site assessment.

2. An action to complete a risk assessment.

3. An action to comply with an order issued under the Act.

4. An action to meet the applicable site condition standards set out in the document published by the Ministry entitled “Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act,” dated April 15, 2011 and available on a website of the Government of Ontario.

5. An action that the Director is satisfied was undertaken for a purpose that is consistent with a purpose set out in paragraphs 1 to 4.

(11) Subsections (2) to (5) do not apply to a generator with respect to subject waste if,

(a) a generator registration number has been assigned to the generator under subsection 18 (12); and

(b) in the case of a spill, notice of the spill was provided in accordance with section 92 of the Act.

(12) If a waste generation facility ceases to produce, collect, handle or store subject waste, the generator shall submit, together with the supplementary Generator Registration Report required under subsection 18 (6), any fees that remain outstanding under this section.

(13) If the amount of fees payable under subsection (2), (3), (4) or (5) is overpaid, the Director shall,

(a) apply a credit for the difference between the fee amount calculated and submitted under subsection (2), (3), (4) or (5) and the actual fee amount to the fees payable by the generator in the following calendar year, or any calendar year thereafter; or

(b) if the generator submits a written request to the Director for a refund in accordance with the Manual, provide the generator with a refund for the difference between the fee amount submitted under subsection (2), (3), (4) or (5) and the actual fee amount required under those subsections.

(14) If an overpayment occurs because the amount of hazardous waste actually disposed of in the previous year was less than the amount used to calculate the fee submitted under subsection (6), the Director shall,

(a) apply a credit for the difference between the fee amount calculated and submitted under subsection (6) and the actual fee amount, calculated by replacing the estimated amount with the actual amount of hazardous waste disposed of in the same formula, to the fees payable by the generator in the following calendar year, or any calendar year thereafter; or

(b) if the generator submits a written request to the Director for a refund in accordance with the Manual, provide the generator with a refund for the difference between the fee amount submitted under subsection (6) and the actual fee amount, calculated in accordance with clause (a).

(15) If the amount of fees payable under subsection (2), (3), (4) or (5) was underpaid, the generator shall pay the difference between the fee amount calculated and submitted under subsection (2), (3), (4) or (5) and the actual fee amount and shall submit the payment before submitting or with the next annual Generator Registration Report.

(16) If an underpayment occurred because the amount of hazardous waste actually disposed of in the previous year was more than the amount used to calculate the fee submitted under subsection (6), the generator shall pay the difference between the fee amount calculated and submitted under subsection (6) and the actual fee amount, calculated by replacing the estimated amount with the actual amount of hazardous waste disposed of in the same formula, and shall submit the payment before submitting or with the next annual Generator Registration Report.

(17) The fees required under this section are payable to the Minister of Finance.

(18) All fees due under the “Minister’s Requirement for Hazardous Waste Fees”, dated December 18, 2001, with respect to subject waste generated before the day Ontario Regulation 372/15 came into force continue after that date to be due and payable.

Commencement

6. This Regulation comes into force on the later of January 1, 2016 and the day it is filed.