Land Disposal Restrictions (LDR) Handbook

Ministry of the Environment and Climate Change
December 2009
PIBS 7400e

Disclaimer

This document presents a summary of the land disposal restrictions (LDR) contained in Regulation 347 (General – Waste Management) made under the Environmental Protection Act (EPA). It is not meant to be a complete or detailed description of all applicable LDR requirements and is not intended to provide specific advice or recommendations in any circumstances. Moreover, this Handbook is not, and should not be construed as, legal advice. Please review the Environmental Protection Act and Regulation 347 of the Revised Regulations of Ontario 1990 (General — Waste Management) and, if you have any questions that involve the application or interpretation of the Act or the regulation or that involve other legal issues, you should consult a lawyer.

For more information concerning specific LDR requirements, consult Regulation 347.

Glossary of terms

The following key definitions apply to the LDR program. Definitions marked by an asterisk (*) mean that the term is not defined in Regulation 347, and that the definition provided is only for guidance purposes. If a term is defined in Regulation 347, but the full definition is not reproduced in this glossary, the description will include the words "is defined in Regulation 347." Where a term defined in the regulation is followed by additional information, it is for guidance purposes only and the additional information is italicized. Reference should be made to Section 1 of Regulation 347 for definitions.

*Alternate Treatment Standards

Optional treatment standards for debris or soil. Generators or processors can comply with either the land disposal treatment requirements or the alternate treatment standards.

Aqueous Waste

Waste that is aqueous and contains less than one per cent total organic carbon by weight, and less than one per cent total suspended solids by weight. Concentration requirements for aqueous wastes are based on analysis of composite samples on a milligram per litre (mg/L) basis.

*Biomedical Waste

Waste that is generated from the health care sector and activities that may pose potential risks to public health, safety and the environment. Biomedical waste is defined in Guideline C-4: The Management of Biomedical Waste in Ontario, November 2009, as amended from time to time (Guideline C-4).

*Certificate of Approval (C of A)

A legal document that permits and controls how specific activities (e.g., waste management systems) may be carried out. The requirements set out in a C of A are binding on the holder, and enforceable under provincial legislation. Section 27 of the EPA states that "no person shall use, operate, establish, alter, enlarge or extend, a waste management system or a waste disposal site, unless a certificate of approval or provisional certificate of approval" that authorizes the activity has been issued by the Director. Unless otherwise noted, this manual uses the term C of A to refer to a waste certificate of approval or provisional certificate of approval issued under Part V of the EPA. For further information on a waste management C of A, please refer to the Ministry’s document entitled, "Protocol for Updating Certificates of Approval for Waste Management".

*Certification

A written statement of professional opinion and intent signed by an authorized representative that acknowledges an owner or operator’s compliance with applicable LDR requirements.

Characteristic Waste

Hazardous waste that is corrosive waste, ignitable waste, leachate toxic waste, or reactive waste.

Debris

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

A mixture of debris and other material where, based on visual inspection, the volume of the mixture is made up primarily of debris.

*Decharacterized Wastes

Treated characteristic waste that no longer exhibits the characteristics of a corrosive waste, ignitable waste, leachate toxic waste, or reactive waste.

Director

The Director of the Waste Management Policy Branch of the Ministry (Ministry of the Environment and Climate Change) and includes an alternate named by him or her (the Director).

*Director’s Letter of Equivalent Treatment

A written approval that can be used solely to authorize a variance to the technology-based land disposal treatment requirements, based on a determination of equivalent treatment.

*EPA

Refers to the Environmental Protection Act, R.S.O. 1990, c. E. 19.

*Equivalent Treatment Method

An alternate treatment method that can achieve a performance equivalent to that of the specified land disposal treatment requirement.

Generator

The operator of a waste generation facility. This includes the original generator of the waste, as well as all subsequent generators that are involved in the chain of custody of the waste, such as a transfer station that receives waste and then ships it to another receiver. When the waste moves from the transfer station to another receiver, the transfer station is considered to be the generator for the subsequent shipment from its facility.

Hazardous Waste

Hazardous waste is defined in Section 1 of Regulation 347. The definition includes wastes that are characteristic waste, listed waste, pathological waste, PCB waste or radioactive waste. The definition also provides specific exclusions.

*Hazardous Waste Number

A four-character code (a letter followed by three numbers) used to identify individual listed wastes in Column 1 of Schedule 1, Part A and Part B of Schedule 2 and Schedule 3 of Regulation 347 and individual characteristic wastes in Column 1 of Schedule 5 of Regulation 347. These numbers are consistent with the United States Environmental Protection Agency’s (USEPA) hazardous waste numbers. The Ministry assigned a hazardous waste number to the listed waste or characteristic waste if there was no USEPA hazardous waste number already available (see the E-series wastes in Schedule 5).

*HWIN List of Recycling Facilities

The list of recycling facilities on the HWIN website. The processing of waste at these facilities to recover material for beneficial reuse does not meet the requirements of subsection 3 (2) of Regulation 347 for a recyclable material exemption. These facilities must have a Part V C of A (or equivalent in another jurisdiction) to process waste, and wastes sent to these facilities must be registered and manifested. However, the tonnage component of the generator registration fee is waived for shipments to facilities on the HWIN List of Recycling Facilities.

*Lab Pack

An overpack container, usually a steel or fibre drum, that generally contains small quantities of chemicals, and where each waste is individually packaged and packed together into a common container.

Land Disposal

The deposit or disposal of waste upon, into, in or through land, including, the deposit of the waste at a dump, the landfilling of the waste, the discharge of the waste into a geological formation by means of a well and the landfarming of the waste, in the case of a petroleum refining waste, and land disposed has a corresponding meaning.

*Land Disposal Restrictions

The requirements of Sections 74 through 85 of Regulation 347, which prohibit the disposal of hazardous wastes that are listed wastes or characteristic wastes until they have been treated to meet the land disposal treatment requirements.

*Land Disposal Treatment Requirements

Identified in Schedule 1, Part A and Part B of Schedule 2 and Schedule 3 of Regulation 347 for listed wastes and in Schedule 5 of Regulation 347 for characteristic wastes. Land disposal treatment requirements are specified as either concentration-based numerical levels or as specified methods of treatment. Regulated constituents must be treated to meet the treatment requirements prior to land disposal.

Landfarming

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

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.

*LDR Notification Form

The LDR questionnaire in Part 2A of the GRR will indicate if Part 2B of the GRR needs to be completed for listed wastes or characteristic wastes. Part 2B is the LDR Notification Form and identifies the type of waste and treatment required or completed. Waste generators can use this form to meet their obligation to notify under the LDR program by providing it to the receiver of the waste.

Liquid Industrial Waste (LIW)

LIW is defined in Section 1 of Regulation 347. The regulatory definition provides specific exclusions.

Listed Waste

Hazardous waste that is an acute hazardous waste chemical (Part A of Schedule 2), a hazardous industrial waste (Schedule 1), a hazardous waste chemical (Part B of Schedule 2), or a severely toxic waste (Schedule 3).

*Ministry

Ministry of the Environment and Climate Change.

*Municipal Hazardous or Special Waste (MHSW) (formerly called Household Hazardous Waste (HHW))

Domestic waste from a household that would be hazardous waste or LIW if it were produced by a commercial or industrial generator and waste from an industrial, commercial and institutional generator that, if it were produced in larger quantities, would meet the definition of hazardous waste or LIW. Examples of this type of waste include waste paints, solvents, used oils, batteries, items containing mercury, pharmaceutical wastes, unused cleaning products from homes, etc.

*Municipal Hazardous or Special Waste (MHSW) Depot

A facility that accepts municipal hazardous or special waste from consumers. A MHSW depot has a valid C of A to accept MHSW, unless the facility is specifically exempt from this requirement. MHSW depots typically accept household wastes such as paints, solvents, used oils, batteries, mercury-containing items, etc. Some MHSW depots may also accept small quantities of waste from industrial, commercial and institutional (IC&I) waste generators.

Non-aqueous Waste

Waste that is not aqueous waste. Concentration requirements for non-aqueous wastes are based on analysis of grab samples on a milligram per kilogram (mg/kg) basis.

*Notification

A tracking system that requires notifications to be sent to facilities that receive wastes that are subject to land disposal treatment requirements.

*Numeric-based Treatment Requirement

A concentration limit to which a regulated constituent in hazardous waste must be treated.

*On-site

Management of waste at the location where the waste is generated. Waste may be processed or disposed of without leaving its point of generation. Specific provisions are included in Regulation 347 with respect to on-site waste management (see subsections 17.1 and 17.2 of Regulation 347). Note certain on-site disposal methods (e.g., landfill, landfarm or incineration) require a Part V C of A for a waste disposal site.

Pathological Waste

Pathological waste is defined in Section 1 of Regulation 347.

*PCB Materials (from R.R.O. 1990, Regulation 362)

Materials containing (polychlorinated biphenyls) PCBs at a concentration of more than 50 parts per million by weight, whether the material is liquid or not.

Receiver

The operator of any facility to which waste is transferred by a carrier. This includes transfer stations, processing facilities and final disposal sites.

*Regulated Constituent

Any generic name or other description listed in the regulated constituent column in Schedule 1, Part A and Part B of Schedule 2 and Schedules 3, 5 and 6 of Regulation 347. All regulated constituents in a listed waste or characteristic waste must meet the treatment requirements before land disposal.

*Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste (Manual)

The Manual published by the Ontario Ministry of the Environment and Climate Change that provides guidance to generators on the registration and management of hazardous and liquid industrial wastes, as defined by the word "Manual" in Section 1 of Regulation 347.

*Regulation 347

Refers to Regulation 347 of the Revised Regulations of Ontario, 1990 (General – Waste Management) made under the EPA.

*Remediation Waste

Waste generated during the clean up of contaminated sites. Such wastes are not generated during the course of normal industrial or manufacturing operations, but rather are the result of spills of hazardous waste, or product chemicals, or through historical management practices.

*Small Quantity Exemption (SQE)

An exemption provided for some waste types under the definitions of hazardous waste and LIW. The exempted quantities vary, and depend on the specific waste characterization. Accordingly, this exemption cannot be determined until the waste has been evaluated and the waste characterization established. Although the SQE quantities of waste are exempt from generator registration and manifesting requirements, the small quantity is still waste, and must be transported by an approved waste carrier and disposed of at an approved waste receiver.

*Small Quantity Generator (SQG)

An operator of a waste generation facility that produces a total of less than 100 kg of hazardous waste chemicals, hazardous industrial wastes, plus characteristic wastes, in any given month. Section 80 of Regulation 347 outlines special provisions for small quantity waste generators with respect to LDR requirements and the conditions that must be met.

*Soil

In this handbook, soil is unconsolidated earth material composing the superficial geologic strata (material overlying bedrock) consisting of clay, silt, sand or gravel size particles.

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.

Subject Waste

A term defined in Section 1 of Regulation 347. Subject waste means hazardous waste and LIW, as well as 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). However, the definition of "subject waste" does not include a number of wastes, including intact waste batteries that are destined for a waste battery recovery facility and waste from the professional office of a member of the Royal College of Dental Surgeons of Ontario. See subsection 1 (3) of Regulation 347 for a complete list. The term is used in a number of sections of Regulation 347, such as the generator registration and manifesting sections.

*Technology-based Standards

A technology that must be used to treat a regulated constituent in hazardous waste.

Toxicity Characteristic Leaching Procedure (TCLP)

This term is defined in Section 1 of Regulation 347. This procedure is an analytical test method that is used to identify whether a waste exhibits the characteristic of leachate toxicity, and to measure compliance with treatment standards.

*Treatment Code

A five-letter code identified in various schedules in Regulation 347, and defined in Schedule 7 of Regulation 347, which identifies required treatment technologies applicable to a hazardous waste for one or more regulated constituents in the hazardous waste.

*U

Decharacterized waste with untreated underlying hazardous constituent(s) (term only used in regards to registering and manifesting of hazardous waste subject to LDR).

*Underlying Hazardous Constituent (UHC)

A regulated constituent of a characteristic waste identified in Schedule 6 of Regulation 347, which, if present, must be treated to meet land disposal treatment requirements, but nonetheless does not cause the waste to exhibit a hazardous waste characteristic.

*Universal Treatment Standards (UTS)

A single list of more than 200 constituents for which land disposal treatment requirements have been developed. UTS apply to regulated constituents in decharacterized wastes (referred to as underlying hazardous constituents). UTS are incorporated into land disposal treatment requirements for listed wastes. Accordingly, Schedule 6 of Regulation 347 need not be consulted for wastes that are only listed wastes. UTS are also used in defining one of two available land disposal treatment requirements for soils when using alternate treatment methods.

*Variance

Variances provide for flexibility in the application of the land disposal treatment requirements under special circumstances, such as when an applicable land disposal treatment requirement for a particular waste is unachievable or inappropriate. An application must be submitted to the Ministry to request such a variance.

*Waste Characterization (formerly referred to as Waste Characteristic)

Identified by a single letter that indicates the type of hazardous waste or LIW it contains, based on the chemical characteristics or source of a waste material. The waste characterization identifies the hazard associated with the waste. A waste may have more than one waste characterization.

*Waste Class

A three-digit number assigned to a generic waste description used to classify the type of waste being managed. Waste classes are included in the C of A for waste carriers and receivers, to identify the waste streams that they are permitted to handle or manage.

Waste-derived Fuel Site

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.

*Waste Number

The combination of the three-digit waste class and the single-letter primary waste characterization used to classify a waste stream for generator registration and manifesting purposes.

List of Acronyms

BDAT

Best Demonstrated Available Technology

C of A

Certificate of Approval

CAS Number

Chemical Abstracts Service Registry Number

EPA

Environmental Protection Act

GRR

Generator Registration Report

HHW

Household Hazardous Waste

HWIN

Hazardous Waste Information Network

IC&I

Industrial, Commercial and Institutional

LDR

Land Disposal Restrictions

mg/L

milligrams per litre

mg/kg

milligrams per kilogram

MHSW

Municipal Hazardous or Special Waste

MOECC

Ministry of Environment and Climate Change

OWRA

Ontario Water Resources Act

PCB

Polychlorinated Biphenyls

SQE

Small Quantity Exempt (Waste)

SQG

Small Quantity Generator

TCLP

Toxicity Characteristic Leaching Procedure

TOC

Total Organic Carbon

TSS

Total Suspended Solids

UHC

Underlying Hazardous Constituent

USEPA

United States Environmental Protection Agency

UTS

Universal Treatment Standards

VOC

Volatile Organic Compound

1.0 Introduction

1.1 What is the purpose of the LDR handbook?

The Land Disposal Restrictions (LDR) Handbook (LDR Handbook) has been prepared for your convenience, to help you better understand the LDR requirements of Regulation 347.

The LDR Handbook should be used in conjunction with the Ministry’s Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste dated April 1995 (Registration Manual), which serves as the primary reference for complying with the generator registration requirements of Regulation 347, including waste characterization requirements. In using these documents, refer to Regulation 347 for legal requirements, wording and interpretation.

This document is organized in a question-answer format to provide information about the LDR program that may apply to your facility. The document is organized in the following manner:

• Section 1 defines the purpose of the LDR Handbook and assists users in determining whether the handbook is applicable to them.
• Section 2 introduces and discusses the LDR program.
• Section 3 summarizes how to identify whether your waste is subject to the LDR program.
• Section 4 introduces and describes the land disposal treatment requirements and disposal prohibition. The land disposal treatment requirements are the key requirement under the LDR program. This section will also help you determine which land disposal treatment requirements apply to your hazardous waste.
• Section 5 discusses and explains two specific alternate treatment standards for debris / debris mixtures and soil / soil mixtures.
• Section 6 introduces and describes the LDR requirements for small quantity generators and for municipal hazardous or special waste depots.
• Section 7 describes requirements for a waste analysis plan and suggested contents for these plans.
• Section 8 discusses notification, certification, reporting and record-keeping requirements for the LDR program. The section helps you determine which records to prepare, submit and retain at your facility.
• Section 9 describes variances under the LDR program that may, under special circumstances, apply to the waste you are managing.
• Section 10 provides several case studies demonstrating the application of LDR program requirements.
• Section 11 includes frequently asked questions about the LDR program requirements.

To help you use the LDR Handbook, information boxes have been provided at key points. There are four types of information boxes, each identified by a unique key word as follows:

Reference:

Provides direction to a related section of the LDR Handbook, Registration Manual or Regulation 347.

Attention:

Draws attention to aspects of the LDR program where mistakes may be commonly made.

Background:

Provides background information not found in the main text.

Summary:

Reinforces and highlights by summarizing key points.

1.2 Should you be using this handbook?

The LDR Handbook is intended for waste generators, carriers and receivers who have determined that they manage listed wastes or characteristic wastes, and that these hazardous wastes, or residuals from the treatment of these wastes, are affected by the LDR program.

If you are a generator or waste handler potentially subject to the LDR program, you must answer three key questions:

• Step 1) Do you generate, treat, store, or dispose of listed wastes or characteristic wastes?
• Step 2) Are there any exemptions or special provisions that apply to your listed wastes or characteristic wastes?
• Step 3) Will your listed wastes or characteristic wastes be land disposed?

Answering these questions will help you determine whether your wastes are affected by the LDR program.

Step 1: Do you generate, treat, store, or dispose of listed wastes or characteristic wastes?

Hazardous waste includes a broad range of wastes such as manufacturing residues (e.g., waste acids, sludges and complex chemicals), biomedical wastes from hospitals, spent photo finishing chemicals, waste pesticides, PCBs, motor oil, unused cleaning products from homes and discarded batteries. These wastes require special handling to reduce adverse effects to human health and the environment. Hazardous wastes can be solid, liquid, contained gas or sludge, and can be generated from many different sources. A system to identify specific wastes known to be hazardous as well as other waste materials that present certain hazards was developed and implemented in Regulation 347.

The hazardous waste definition includes:

• Listed wastes (hazardous industrial waste, acute hazardous waste chemical, hazardous waste chemical and severely toxic waste) that are identified in Schedules 1, Part A of 2, Part B of 2 and 3 of Regulation 347;
• Characteristic wastes (corrosive, ignitable, leachate toxic and reactive waste) that exhibit hazardous characteristics identified through testing; and
• Other defined hazardous wastes (i.e., PCB, pathological and radioactive wastes) that are not listed wastes or characteristic wastes.

Only listed wastes and characteristic wastes and the residuals from the treatment of these wastes that are listed wastes or characteristic wastes are affected by the LDR requirements.

Step 2: are there any exemptions or special provisions that apply to your listed wastes or characteristic wastes?

All listed wastes and characteristic wastes that will be land disposed must meet the LDR treatment requirements, subject to the following special exemptions:

1. Listed wastes and characteristic wastes, when wholly managed by one of the following methods, are not subject to the notification and land disposal treatment requirements at the point of generation. However, the generator must still register and manifest the waste that is:

   • Treated and discharged to surface water, discharged to sewer or to another facility approved under the Ontario Water Resources Act (OWRA).
   • Sent to a recycling facility that appears on the Ministry’s HWIN List of Recycling Facilities for recovery of material from the waste.
   • Disposed of at an incineration facility.
   • Disposed of at a waste-derived fuel site.

   Attention: If any intermediate processing of waste occurs, and all of the waste is not sent to one or more of these treatment options, then the entire waste stream is subject to land disposal notification and treatment requirements at the point of generation.

Residuals from these management methods may be subject to the LDR requirements at the new point of generation. If waste is incinerated or used as waste-derived fuel on-site by the generator, the residuals at the new point of generation may be subject to the LDR program requirements. Residuals from the management methods identified above need to be characterized at the new point of generation and must meet the requirements of Regulation 347, including registering and meeting applicable treatment requirements for the newly characterized residues. If the wastes that are going for final disposal (i.e., incineration facility or waste derived fuel site) are a listed waste, then the waste residues remain a hazardous waste because of the derived- from rule and if land disposed, must be treated to meet the land disposal treatment requirements based on the hazardous waste characteristic exhibited by the residues. The treated residue must be disposed of at a hazardous waste facility.

2. Municipal Hazardous or Special Waste (MHSW), formerly called household hazardous waste (HHW), and small quantity exemption (SQE) waste from industrial, commercial and institutional (IC&I) generators collected at approved MHSW depots may be land disposed without meeting the treatment requirements. Note that there are regulatory requirements that the depots must meet for the exemption from land disposal treatment requirements to apply.

   Reference: See Section 6 of the LDR Handbook for information on managing MHSW.

Please also note that the land disposal treatment requirements do not apply to the following hazardous wastes, which are neither listed wastes nor characteristic wastes:

• PCB waste as defined in Regulation 362 (i.e., >50 parts per million (ppm) PCB). PCB wastes are prohibited from land disposal (S. 74 of Regulation 347).
• Biomedical waste that includes pathological waste defined in Regulation 347. Existing guidelines (MOECC Guidelines C-4 and C-17) for biomedical waste should be followed for this type of waste.
• Radioactive waste – Radioactive waste, except radioisotope wastes (i.e., produced as part of the nuclear fuel cycle) disposed of in a landfill site in accordance with the written instructions of the Canadian Nuclear Safety Commission, formerly the Atomic Energy Control Board, is hazardous waste. Radioactive waste that contains naturally occurring radioactive material (NORM) is regulated by the Ministry on a case-by-case basis.

The land disposal treatment requirements also do not apply to wastes that meet the requirements in Section 3 of Regulation 347 as Part V exempt wastes (e.g., agricultural wastes, recycled wastes).

If your hazardous waste is not subject to these exemptions or provisions, proceed to Step 3.

The above regulations and guidelines can be accessed through the Ministry’s hazardous waste public information web page.

Step 3: will your listed waste or characteristic waste be land disposed?

Listed wastes or characteristic wastes are considered to be land disposed if they are deposited or disposed upon, into, in or through land. Land disposal includes activities such as the disposal of wastes at a dump, a landfill, or landfarm, and the discharge of wastes into a geological formation (i.e., deep well disposal). The restrictions on wastes that are land disposed are over and above the approvals requirements for disposal facilities. The temporary placement of remediation waste on land at a contaminated site as part of a site remediation plan is not considered land disposal for the purpose of the LDR program.

The obligation for determining whether a waste is subject to the LDR program normally begins with the original generator of the waste. If you know that your waste or residuals from any part of the treatment chain (subject to exemptions identified in Step 2) for your wastes will be land disposed, the waste is subject to the land disposal treatment requirements. If you do not know whether or not your wastes or residuals from the treatment of your waste will be land disposed, you must also consider the waste as being subject to the land disposal treatment requirements.

In addition to the treatment requirements, the LDR program also includes regulatory requirements that affect the generator registration process, introduce notification and reporting requirements and the need to develop waste analysis plans when treating hazardous wastes to meet the land disposal treatment requirements.

As part of the registration and notification requirements, generators are required to complete a Generator Registration Report (GRR) which includes an LDR Notification Form (Part 2B of the GRR). Part 2A of the GRR includes a questionnaire, entitled Declaration of Waste Streams Subject to Land Disposal Restrictions, which must be completed by generators. This questionnaire will indicate if Part 2B is required.

Figure 1.1 - Do the Land Disposal Treatment Requirements Apply?

Question 1. Is your waste a hazardous waste?¹

• If no, land disposal treatment requirements do not apply
• If yes, proceed to Question 2

Question 2. Is your waste a PCB waste (Regulation 362)?

• If yes, land disposal prohibited
• If no, proceed to Question 3

Question 3. Is your waste a Part V exempt waste (S. 3 of Regulation 347)?

• If yes, land disposal treatment requirements do not apply
• If no, proceed to Question 4

Question 4. Is your waste a biomedical / pathological waste?²

• If yes, land disposal treatment requirements do not apply
• If no, proceed to Question 5

Question 5. Is your waste wholly managed at an incineration site, waste derived fuel site or treated and discharged to surface water, sewer or other facility approved under the Ontario Water Resources Act (OWRA)?

• If yes, land disposal treatment requirements do not apply³
• If no, proceed to Question 6

Question 6. Is your waste sent to a facility listed on the Ministry’s HWIN List of Recycling Facilities on the HWIN website for recovery of material?

• If yes, land disposal treatment requirements do not apply³
• If no, proceed to Question 7

Question 7. Will your waste or any residual from the processing of your waste be land disposed?

• If no, Land disposal treatment requirements do not apply
• If yes, proceed to Question 8

Question 8. Are you a small quantity generator (<100 kg/month total of hazardous industrial wastes (Schedule 1), hazardous waste chemicals (Schedule 2 – Part B) and characteristic waste)?

• If yes, subject to reduced land disposal treatment requirements⁴
• If no, proceed to Question 9

Question 9. Are you a Municipal Hazardous or Special Waste (MHSW) Depot?

• If yes, subject to land reduced disposal treatment requirements⁴
• If no, proceed to Question 10

Question 10. Is your waste a soil or soil mixture or a debris or debris mixture?

• If yes, subject to land disposal restrictions. Alternate treatment standards are available⁵
• If no, subject to land disposal treatment requirements

2.0 Overview of land disposal restrictions program

2.1 What is the purpose of this section?

Section 2 provides a general overview of the LDR program and provides direction to related sections of the LDR Handbook where further details can be found.

2.2 What does the LDR program do for Ontario?

The LDR program is a proactive step to achieve continuous improvement in the environmental management of hazardous waste. The program provides a level of protection over and above the design of a disposal facility (see Information Box – Landfill Design Requirements), by physically or chemically changing the waste, which limits the potential for future impacts to soil, ground water and air. This reduces the risk of harm to the environment and human health. For example, land disposal treatment requirements will result in a reduction in the concentration of hazardous constituents in the waste and reduced quantities of organic hazardous wastes going to landfills.

The key principle of LDR is to prohibit and discourage activities that involve placing untreated hazardous wastes in or on the land when better treatment or destruction alternatives exist. Hazardous wastes cannot be disposed on land until the waste meets specific land disposal treatment requirements to reduce the mobility or toxicity of its hazardous components.

The LDR program also provides an incentive for industry to reduce the generation of hazardous waste, thereby reducing environmental costs in the long run. It challenges generators to change their processes and implement pollution prevention initiatives that reduce or eliminate pollution at the source, resulting in a cleaner environment.

The LDR program also represents a further step towards the harmonization of Ontario’s hazardous waste rules with those of the United States (U.S.), Ontario’s largest hazardous waste trading partner. Harmonizing rules with the U.S. helps reduce the potential of hazardous wastes being imported into Ontario to avoid the land disposal treatment requirements in the U.S., and to ensure that hazardous waste movements between jurisdictions are based on sound business and environmental decisions.

2.3 What is the regulatory basis for the LDR program?

Regulation 347 was amended to put Ontario’s LDR program in place. The amendments come into force in phased stages.

2.4 When do the treatment requirements become effective?

The Ministry recognizes that these amendments to Regulation 347 change how Ontario manages listed wastes and characteristic wastes. The program affects generators of listed wastes and characteristic wastes and the waste management industry that transfers, processes and disposes of these wastes. Therefore, a phase-in period for the land disposal treatment requirements was included to ensure that the regulated community has time to understand the new requirements and can make necessary changes in how it generates and manages listed wastes and characteristic wastes. The phase-in period also provided time for environmental technology and waste management industries to respond to the increased demand for treatment facilities.

2.5 What wastes are regulated under the LDR program and who decides?

Listed wastes and characteristic wastes are affected by the LDR program. Listed wastes are those wastes that have been included in Schedules (1, Part A of 2, Part B of 2 and 3) of Regulation 347 due to the hazardous nature of the waste. These Schedules include wastes from various industrial processes, certain waste chemicals and contaminants. Characteristic wastes are wastes that are identified as hazardous by the generator based on a test method prescribed in Regulation 347. These tests identify whether the waste demonstrates corrosivity, ignitability, reactivity or leachate toxicity.

Neither listed wastes nor characteristic wastes can be land disposed unless they meet the land disposal treatment requirements.

The obligation for determining whether a waste is subject to the LDR requirements normally begins with the original generator of the waste. If you know that your waste or residuals from any part of the treatment chain (subject to exemptions identified in Step 2) for your wastes will be land disposed, the waste is subject to LDR requirements. If you do not know whether or not your wastes or residuals from the treatment of your waste will be land disposed, you must also consider the waste as being subject to the LDR requirements.

Although the LDR program applies to all forms of land disposal, it is recognized that there may be certain situations where specific listed wastes or characteristic wastes could be applied to the land for a specific purpose. Since these land applications require a Certificate of Approval (C of A), any requirements for this activity would be part of a C of A (e.g., stabilizing the pH of soil by using a caustic waste to address the acidic soil condition).

To encourage sound environmental management practices, special provisions have been made for certain types of wastes. These wastes include MHSW (formerly HHW) and wastes from a small quantity generator (SQG).

2.6 Which activities are regulated under the LDR program?

The LDR program applies to listed wastes and characteristic wastes by requiring that they meet waste specific treatment requirements before being land disposed. These wastes are considered to be land disposed if they are deposited or disposed upon, into, in or through land. Land disposal includes on-site and off-site landfilling, landfarming, and any other form of final disposal on land (e.g., the discharge of wastes into a geological formation (i.e., deep well disposal)). Waste must be treated to meet land disposal treatment requirements before they are placed in a land disposal unit.

Non-hazardous wastes can be land disposed at facilities approved to accept these wastes without meeting land disposal treatment requirements.

The LDR program also includes requirements that affect the generator registration process for these wastes, and introduces notification and record keeping requirements and the need to develop waste analysis plans when treating hazardous wastes to the land disposal treatment requirements.

2.7 What are the basic components of the LDR program?

The LDR program consists of three main components:

• Storage Prohibition - Prevents the indefinite storage of hazardous wastes instead of treating the waste promptly.
• Disposal Prohibition - Requires that waste-specific land disposal treatment requirements be met before a listed waste or characteristic waste can be land disposed. It also includes alternate treatment standards, exemptions, variances and notification requirements (this component constitutes the bulk of the program); and,
• Dilution Prohibition - Ensures that wastes are properly treated and not simply diluted to mask the concentration of hazardous constituents.

2.8 What are the land disposal treatment requirements?

The LDR program requires listed wastes or characteristic wastes that are to be land disposed to meet land disposal treatment requirements. Land disposal treatment requirements are expressed as either numeric concentration limits or required technologies.

Alternate treatment standards are included in the LDR program for soils and debris that are listed waste or characteristic waste. These wastes may be treated in accordance with the waste-specific land disposal treatment requirements or in accordance with the alternate treatment standards.

2.9 Are there notification and certification requirements under the LDR program?

Notification and certification requirements apply to generators and to waste management facilities that accept and transfer, treat or dispose of listed wastes or characteristic wastes that are subject to LDR requirements. How a waste is generated and managed (i.e., listed wastes vs. characteristic wastes, on-site vs. off-site treatment) will affect the notification and certification requirements under the LDR program.

The information needed to meet the notification and certification requirements of the LDR program are based on the USEPA requirements, but have been structured to work within the Ministry’s generator registration system. As part of registration, generators are required to complete a GRR, which includes an LDR Notification Form (Part 2B of GRR). Part 2A of the GRR includes a questionnaire entitled Declaration of Waste Streams Subject to Land Disposal Restrictions, which must be filled out by all generators who want to register a waste stream. This questionnaire will indicate if a Part 2B is required. The Part 2B is also included during online registration through HWIN. For further details on generator registration requirements, please refer to the Registration Manual.

2.10 Are there record-keeping requirements under the LDR program?

There are a number of record-keeping requirements specific to the LDR program, including:

• Generator registration records / LDR Notification Forms are to be maintained by generators of wastes subject to the LDR program requirements;
• Waste analysis plans and associated sampling records are to be maintained by treatment facilities (for both on-site and off- site processors); and,
• Records of notifications to receivers are to be maintained by all generators of wastes subject to the LDR requirements.

2.11 What are the general steps required to comply with the LDR program?

Figures 2.1 and 2.2 outline the general steps for waste generators and waste processors that are required to comply with the LDR program. Each step is discussed in more detail in the following sections of the LDR Handbook.

Figure 2.1 - LDR Program Requirements: Generators

1. Waste Generated
2. Characterize waste using Regulation 347 and the Registration Manual (S. 18 / LDR 3)
   Note: First reference is to relevant section in R.R.O., 1990, Regulation 347. Second reference is to relevant section of the LDR Handbook) (Note: Using knowledge of waste or appropriate test methods, determine if you are producing a waste subject to the land disposal treatment requirements. This determination is made at the point of generation. For the LDR program, you must identify all applicable listed and characteristic hazardous waste numbers for each waste stream.)

3. Small quantity exempt generator? (S. 1 / LDR 1)

   • If yes, No action required under LDR Program. Follow all other Reg. 347 requirements
   • If no, go to step 4.

4. Beginning in 2007, complete LDR Notification Form * for EACH subject waste shipped off-site (S. 18 / LDR 8) as required through annual Generator Registration

   • Note: Submit LDR Notification Form to the Ministry as part of generator registration. Completing Questionnaire in Part 2A of GRR indicates if the Form (Part 2B) needs to be completed. Any time there are any changes in the raw materials, in the process generating the waste that could affect the waste composition or the method or location of treating the waste, the LDR Notification Form must be reviewed and revised as appropriate. Note: Registration is required for all subject wastes.
   • If yes, Maintain record of all supporting data (S. 18 / LDR 2 & 8)
   • If waste not shipped off-site, go to step 5.

5. Waste stored on site for > 90 days? (S. 17.2 / LDR 2)

   • If yes,

     1. Store, handle and maintain subject waste to prevent leaks or spills, or damage to or deterioration of the waste containers.
     2. Provide notice to the Regional Director
     3. Obtain approval to store > 2 years (S. 17.2 / LDR)
     Note: Maintain storage records (S. 17.2 / LDR 2 & 8)
   • If no, go to step 6.

6. Any exemptions / prohibitions apply? (S. 74, 81 / LDR 1)

   • If yes, No action required under LDR Program. Follow all other Reg. 347 requirements
   • If no, go to step 7.

7. Waste meets lands disposal treatment requirements? (S. 75-79, 82, 83 / LDR 4 & 5, 9)

   • If yes, For off-site disposal, provide LDR Notification Form with or before initial shipment (S. 84 / LDR 8)

     Note: Maintain records including: information provided; name of receiver; and, the date the information was given (S. 84 / LDR 8)
     • Transfer waste to an approved on-site or off-site waste management facility
   • If no, go to step 8.

8. Waste meets small quantity generator requirements? (S. 80 / LDR 6)

   • If yes, Seal container and affix certificate (S. 80 / LDR 6)

     • Transfer waste to an approved on-site or off-site waste management facility
   • If no, go to step 9.

9. Is your waste fully or partially treated on-site to meet land disposal treatment requirements? (S. 75-79, 82, 83 / LDR 4 & 5)
   Note: Refer to Reg. 347 (5.17.1) and Registration Manual to determine if a Certificate of Approval is required for on-site treatment.

   • If yes, go to step 10.

   • If no,

     • Provide LDR Notification Form with or before initial shipment (S. 84 / LDR 8)
       Note: Maintain records including: information provided; name of receiver; and, the date the information was given (S. 84 / LDR 8)
       Note: Updated LDR Notification Form is required following each change to information previously given to the receiver if the change relates to the description or physical or chemical properties of that type of waste
     • Transfer waste to approved hazardous waste management facility

10. Develop and implement Waste Analysis Plan (S. 85 / LDR 7)
    Note: Maintain records of waste analyses (S. 85 / LDR 7 & 8)
    Note: First reference is to relevant section in R.R.O., 1990, Regulation 347. Second reference is to relevant section of the LDR Handbook

    • Go to step 11.

11. Is your waste a listed waste?

    • If yes, go to step 12.
    • If no, go to step 15.

12. Waste and/or residual stored on site for > 90 days? (S 17.2 / LDR 2)

    • If yes,

      1. Store, handle and maintain subject waste to prevent leaks or spills, or damage to, or deterioration of, the waste containers
      2. Provide notice to the Regional Director
      3. Obtain approval to store > 2 years (S. 17.2 / LDR 2)
      Note: Maintain storage records (s. 17.2/LDR 2 & 8)
    • If no, go to step 13.

13. Hazardous waste / residual transferred off-site for further treatment or disposal?

    • If yes,

      • Provide LDR Notification Form with or before initial shipment (S. 84 / LDR 8)
        Note: Maintain records including: information provided; name of receiver; and, the date the information was given (S. 84 / LDR 8)
        Note: Updated LDR Notification Form is required following each change to information previously given to the receiver if the change relates to the description or physical or chemical properties of that type of waste
      • Transfer waste to approved hazardous waste management facility
    • If no, go to step 14.

14. Treated hazardous waste /residual meets LDR treatment standards? (S. 75-79 / LDR 4 & 5)

    • If yes, Dispose of waste in approved on-site hazardous waste management facility
    • If no, go to step 9.

15. Is your waste a characteristic waste that was fully treated (including underlying hazardous constituents)? (S. 84 / LDR 4, 5 & 8)

    • If yes,

      • For off-site disposal, provide receiver LDR Notification Form or simple notification stating that the waste was characteristic waste and that the waste can be land disposed as per S. 79 (S. 84 / LDR 8)
        Note: Maintain records including: information provided; name of receiver; and, the date the information was given (S. 84 / LDR 8)
      • Dispose of waste in approved on-site or off-site non-hazardous or hazardous waste management facility
    • If no, go to step 5.

Figure 2.2 - LDR Program Requirements: Waste Management Facilities

1. Receive LDR Notification Form with or before receipt of first shipment (S. 84 / LDR 8)
2. Receive hazardous waste

3. Hazardous waste fully treated to meet land disposal treatment requirements? (S. 75-79, 82, 83 / LDR 4 & 5) (Note: First reference is to relevant section in R.R.O., 1990, Regulation 347. Second reference is to relevant section of the LDR Handbook)

   • If yes, go to step 9.
   • If no, go to step 4.

4. Hazardous waste shipped off-site with NO blending, mixing, bulking or treatment (Note: If waste regulated under the LDR program is mixed, bulked or blended with other wastes, the mixed, bulked or blended waste stream becomes subject to the LDR program requirements.)?

   • If yes, go to step 5.
   • If no, go to step 6.

5. Register as generator of subject waste (S.18 / LDR 3)

   • Provide LDR Notification Form with or before initial shipment to next hazardous waste management facility (S. 84 / LDR 8) (Note: Maintain records including: information provided; name of receiver; and, the date the information date the information was given (S. 84 / LDR 8))
   • Transfer waste to approved hazardous waste management facility for further processing

6. Waste shipped off-site with NO treatment? (LDR 2)

   • If yes,

     • Update LDR Notification Form to reflect treatment blending, etc. (S. 84 / LDR 8)
     • Go to step 5.
   • If no, go to step 7.

7. Develop and implement Waste Analysis Plan (S. 85 / LDR 7) (Note: Maintain records of waste analyses (S. 85 / LDR 7 & *0)

   • Treat waste (S. 75-79, 82 & 83 / LDR 4 & 5)
   • Go to step 8.

8. Is waste / residual fully treated to meet land disposal treatment requirements? (S. 75-79, 82, 83 / LDR 4 & 5)

   • If partially treated Update LDR Notification Form to reflect treatment blending, etc. (S. 84 / LDR 8)

     • Go to step 5.
   • If fully treated, go to step 9.

9. Was the waste a characteristic waste? (S. 84 / LDR 4, 5 & 8)

   • If yes, waste disposed on-site?

     • If yes, waste disposed of in approved non-hazardous or hazardous waste management facility.
     • If no, provide receiver LDR Notification Form or simple notification stating that the waste was characteristic waste but it has been treated to meet the land disposal treatment requirements and may be land disposed (S. 84 / LDR 8) (Note: Maintain records including: information provided; name of receiver; and, the date the information date the information was given (S. 84 / LDR 8))

   • If no, waste disposed on-site?

     • If yes, waste disposed of in approved non-hazardous or hazardous waste management facility.

     • If no, Register as generator of subject waste (s. 18/LDR 3)

       • Update LDR Notification Form to reflect treatment (s. 84/LDR 8)
       • Provide LDR Notification Form with or before initial shipment to next hazardous waste management facility (s. 84 / LDR 8) (Note: Maintain records including: information provided; name of receiver; and, the date the information date the information was given (S. 84 / LDR 8))
       • Waste disposed of in approved hazardous waste management facility

3.0 Who is subject to the LDR program?

3.1 What is the purpose of this section?

Section 3 clarifies who is subject to the LDR program requirements. This section summarizes how to identify whether your waste is subject to the land disposal treatment requirements and when the land disposal treatment requirements and other LDR program requirements take effect.

3.2 What wastes are included in the LDR program?

The LDR program affects listed wastes and characteristic wastes by requiring specific treatment before the wastes can be land disposed. These wastes may also be affected by LDR reporting and notification requirements. Specific wastes may be exempted from land disposal treatment requirements based on the quantity of waste or how the waste is managed (e.g., SQG wastes, MHSW); however, other LDR program requirements may still apply (e.g., container labelling).

Regulation 347 lists specific industrial waste streams in Schedules 1, Part A of 2, Part B of 2 and 3 and identifies them as "listed wastes." Wastes that meet any of the listing descriptions found in these Schedules and do not meet any of the exemptions described in Schedules 1.1, 2.1 and 2.2 (e.g., Schedule 1.1 - Exempt Hazardous Industrial Wastes) are considered to be hazardous wastes that are listed wastes.

Not all wastes that present a hazard will meet one of the narrative descriptions for listed wastes; yet the wastes can still possess hazardous properties. The Ministry has identified specific properties (or characteristics) that would cause a waste to pose a threat to human health and the environment. Waste considered to be a characteristic waste has one or more of the following properties: corrosivity; ignitability; leachate toxicity; or reactivity.

The definitions and determinations for listed wastes and characteristic wastes can be found in Section 1 of Regulation 347. The Registration Manual should be consulted for the decision-making process for characterizing hazardous wastes.

In Schedules 1, Part A of 2, Part B of 2 and 3, listed wastes are divided into five different series of hazardous waste numbers (e.g., S001 – Aflatoxin) which are used to identify specific waste streams and land disposal treatment requirements. Characteristic wastes are divided into two different series of hazardous waste numbers (e.g., E114 -Wastes that are leachate toxic for glyphosate, based on the Toxicity Characteristic Leaching Procedure) in Schedule 5 of Regulation 347 for the same purpose.

Hazardous waste numbers are not the same as waste characterization letters used in characterizing wastes for generator registration. The correspondence between waste characterization letters and Hazardous Waste Numbers is shown in Table 3.1.

3.3 Are treatment residues subject to the land disposal treatment requirements?

The land disposal treatment requirements also apply to residuals from the treatment of wastes already subject to LDR program requirements. Management requirements for these residuals are discussed in Sections 4 and 5 of the LDR Handbook.

3.4 Why are the mixture and derived-from rules important for wastes subject to land disposal treatment requirements?

In general, the mixing, blending and bulking of hazardous wastes is limited by the physical state of the waste, the waste class and hazardous characterization. However, if a waste must meet land disposal treatment requirements, the type of treatment must also be considered. Only wastes that are amenable to the same treatment can be mixed, blended or bulked, even if they have the same waste class and waste characterization. Considerations that can help in determining when hazardous wastes may be mixed, blended or bulked or separately managed are provided in the Registration Manual.

You should also keep in mind that the "mixture" and "derived-from" rules apply to certain hazardous wastes (listed wastes). A listed waste that is mixed with any other waste or material remains a listed waste, even following treatment. The "mixture" rule ensures that the waste continues to be defined as a hazardous waste, so that dilution cannot be used as a means to avoid appropriate management of the waste. Listed wastes are also subject to the "derived from" rule. The waste that is derived from a listed waste is also a listed waste. Accordingly, listed wastes that have been treated to meet the land disposal treatment requirements must be disposed of at a facility that is approved to accept hazardous waste (e.g., hazardous waste landfill).

Characteristic wastes are not subject to the "derived-from" rule. Accordingly, characteristic wastes that have been fully treated to meet the land disposal treatment requirements (including requirements for underlying hazardous constituents (UHCs)), and which no longer exhibit a characteristic, are no longer hazardous wastes and may be disposed of in a non-hazardous waste landfill.

In general, bulking of waste is not prohibited, provided that the wastes are similar in nature (e.g., solids, liquids), they have the same waste number (e.g., same waste class and waste characterization) and no processing takes place. However, bulking of wastes that are subject to land disposal treatment requirements may also be constrained by the type of treatment and whether the bulking may be considered to have diluted the listed waste or characteristic waste (e.g., the regulated constituents that have been identified in each waste stream are reduced with no processing taking place).

As a general rule, wastes that need to meet land disposal treatment requirements may be mixed, blended or bulked if all the wastes are amenable to the same treatment to meet the land disposal treatment requirements (e.g., different waste streams need to be treated using the same technology) and all regulated constituents identified in the individual waste streams are to be reported and treated to meet the treatment requirements (not by dilution).

Wastes that are subject to LDR program requirements may be mixed, blended or bulked on-site if this is part of a treatment process that will allow the land disposal of the waste. The regulation also allows generators to mix, blend or bulk different types of wastes affected by the LDR program requirements if they are providing this waste to a receiving facility that is approved to mix, blend or bulk these different types of wastes. The generator would need a document from the receiver saying that the receiving facility will take the mixed, blended or bulked wastes. If these conditions are met, the generator may mix, blend or bulk wastes affected by the LDR program requirements on-site.

3.5 Are there exemptions for small quantity waste streams?

Wastes generated by a SQE generator are exempt from LDR program requirements by definition, as these wastes are not considered to be hazardous wastes.

MHSW and SQE waste collected through MHSW depots have also been exempted from land disposal treatment requirements to eliminate a potential disincentive for municipalities to continue the collection and proper management of these wastes.

Regulation 347 also includes provisions for SQGs that produce a total of less than 100 kg in any month of hazardous waste (excluding acute hazardous waste chemicals and severely toxic wastes). These provisions do not exempt a SQG from the LDR program requirements; they simply establish alternate management requirements (e.g. sealed container and certification requirements) for the land disposal of these wastes. Wastes from SQGs are defined to be, and must be registered and managed as, hazardous wastes.

If a SQG is shipping a lab pack that meets all the requirements in Section 80 of Regulation 347 and it is to be land disposed, the land disposal treatment requirements do not need to be met. However, generators are still required to register the hazardous waste by completing the GRR. The Part 2A of the GRR includes a questionnaire, entitled Declaration of Waste Streams Subject to Land Disposal Restrictions. This questionnaire must be filled out by all generators who need to register a listed waste or characteristic waste stream. The questionnaire will indicate if Part 2B is required.

Section 80 states that a sealed container must not contain acute hazardous waste chemicals (Part A of Schedule 2 of Regulation 347) and severely toxic wastes (Schedule 3 of Regulation 347). These types of waste must always be treated to meet the land disposal treatment requirements if land disposed.

3.6 When does the LDR program take effect?

The LDR program includes a phase-in schedule to assist hazardous waste generators and the waste management industry transition to the new requirements. The following are key phase-in dates:

• Storage, mixing and on-site processing approval requirements - March 31, 2006
• New generator registration requirements – beginning January 1, 2007
• Land disposal treatment requirements - See Table 3.2

Figure 3.2 provides a summary of the phase-in dates for the land disposal treatment requirements.

* Schedule 7 of Regulation 347 is an information schedule which defines the treatment codes that are in the other Schedules. Therefore Schedule 7 does not require a phase-in date.

** Schedule 10, 11, 12 13 are schedules of waste streams that must be treated as of August 31, 2007, before land disposal. Theses waste streams were taken out of the corresponding Schedule 1, Part A of 2, Part B of 2 and 5, respectively, based on being mostly inorganic in nature. The generator is required to treat waste streams in Schedule 10, 11, 12 13 as of August 31, 2007.

Schedule 13 wastes include ignitable, corrosive and reactive wastes that must be treated as of August 31, 2007.

If a waste stream has a hazardous waste characterization that is in Schedule 10, 11, 12 or 13 and also a hazardous waste characterization that is not in Schedule 10, 11, 12, or 13, the December 31, 2009, phase-in date applies for the waste stream.

If a waste stream has a hazardous waste characterization that is in Schedule 10, 11, 12 or 13 and it contains incidental organics that do not make it hazardous, the August 31, 2007, phase-in date applies.

Figure 3.1 – Phase-In Dates for LDR Program

Phase-In Dates - March 31, 2006

1. Mixing, Blending and Bulking - Reg. 347 S.14.0.1 S. 16(1)5.1 S.17.1 (2)5,10,11 (See Section 6.2 of the Registration Manual for Details)
   Section 14.0.1 identifies restrictions for mixing, blending or bulking of hazardous wastes at a waste disposal site.
   Paragraph 5.1 of subsection 16(1) identifies restrictions for mixing, blending or bulking during the transfer or transport of hazardous wastes.
   Paragraphs 5, 10 and 11 of subsection 17.1 (2) identify restrictions for mixing, blending or bulking as part of on-site processing of hazardous wastes or transfer of hazardous wastes to a waste transportation vehicle. (Note: Although this section takes effect on March 31, 2006 the requirements pertaining to the land disposal restrictions apply when the relevant LDR sections come into effect.)
2. Onsite Storage - Reg. 347 S.17.2 (See Section 6.2 of the Registration Manual for Details)
   Section 17.2 identifies the requirements that must be met by a waste generating facility that stores subject wastes on site. It also outlines the requirements if this waste is stored for more than 90 days and the need to obtain a waste approval to store the waste for more than two years.
3. On-site Processing of Waste - Reg. 347 S.17.1 (See Section 6.2 of the Registration Manual for Details)
   Section 17.1 identifies the requirements for on-site processing of waste and activities that can take place at waste generating facilities without the need for waste approvals required by sections 27, 40 and 41 of the Environmental Protection Act. (Note: Although this section takes effect on March 31, 2006 the requirements pertaining to the land disposal restrictions apply when the relevant LDR sections come into effect.)

Phase-In Dates - January 1, 2007

4. Enhanced Generator Registration Requirements - Reg. 347 S. 18 (1.1), (2), (6), (6.1) (See Section 8 of LDR Handbook and Section 6 of Registration Manual.)
   (Note: Refer to the Registration Manual for details of additional information that needs to be provided as part of registration, including when this information is required.)

Phase-In Dates - August 31, 2007

5. Small Quantity Generator and MHSW Provisions - Reg. 347 S. 80, 81 (See Section 6 of LDR Handbook)
   Sections 80 and 81 allow small quantity generators (< 100 kg per month of hazardous industrial, waste, hazardous waste chemical and characteristic waste) and MHSW depots to apply alternate, prescribed waste management practices for a hazardous waste subject to the land disposal treatment requirements. (Note: Although these sections take effect on August 31, 2007 the requirements pertaining to the land disposal restrictions apply when a waste becomes subject to the land disposal treatment requirements.

Phase-In Dates - August 31, 2007 & December 31, 2009

6. Notification Requirements for Generators - Reg. 347 S. 84 (See Section 9 of LDR Handbook)
   Section 84 applies to a hazardous waste on the same date that the hazardous waste becomes subject to land disposal treatment requirement.
7. Waste Analysis Plan for Hazardous Waste Treaters - Reg. 347 S. 85 (See Section 7 of LDR Handbook)
   Section 85 applies to a hazardous waste on the same date that the hazardous waste becomes subject to a land disposal treatment requirement.

Phase-In Dates - August 31, 2007 & December 31, 2009

8. Land Disposal Treatment Requirements - Reg. 347 S. 75, 76, 77, 78, 79, 82, 83 (See Section 4 of LDR Handbook)

Are you using an alternate treatment standard for debris?

• If yes, proceed to item 9 ‘Alternate Treatment Standards for Debris’

• If no, is waste listed on Schedule 1, 2A, 2B or 5?

  • If no, is waste listed on Schedule 3? Phase in by December 31, 2009

  • If yes, after December 30, 2009?

    • If yes, treatment required of all hazardous waste numbers listed in all Schedules. Phase in by December 31, 2009.

    • If no, waste listed on Schedule 10, 11, 12 or 13?

      • If no, treatment not required

      • If yes, alternate treatment standard for soil?

        • If yes, if treating for a hazardous waste number listed in Schedule 13, Schedule 6 applies, but only for constituents listed in Schedule 13. Phase in by August 31, 2007.
        • If no, treatment required only for hazardous waste numbers listed in Schedule 10, 11, 12, or 13, as applicable. Phase in by August 31, 2007.

Phase-In Dates - August 31, 2007

9. Alternate Treatment Standards for Debris - Reg. 347 S. 83 (See Section 5 of LDR Handbook)
   After December 30, 2009?

   • If yes, treatment required for all hazardous waste numbers listed in Schedule 5 that apply to the debris. Phase in by December 31, 2009.

   • If no, regulated constituents present in debris for any hazardous waste number listed in Schedule 13?

     • If yes, treatment required only for regulated constituents for hazardous waste numbers listed in Schedule 13. Phase in by August 31, 2007.
     • If no, treatment not required.

4.0 What are the LDR treatment requirements?

4.1 What is the purpose of this section?

Section 4 describes the land disposal treatment requirements. This section is designed to help you determine which land disposal treatment requirements apply to your listed waste or characteristic waste and how to read and comply with the land disposal treatment requirements.

4.2 What are land disposal treatment requirements?

Treatment requirements are designed to physically or chemically change a listed waste or characteristic waste in order to provide a level of protection over and above the design of a disposal facility, which limits the potential for future impacts of that waste to soil, ground water and air.

Each type of listed waste or characteristic waste must meet a specific treatment requirement before it can be land disposed. The waste must be treated to meet a specific numerical standard for regulated constituents (i.e., contaminants). If a numerical standard is not provided, the waste must be treated by using a specified technology. These standards either 1) substantially diminish the toxicity of the waste by destroying or removing harmful constituents, or 2) reduce the mobility of the constituents in the waste that could adversely affect land and ground water.

Alternate treatment standards have been developed for hazardous soils and debris to address their distinct qualities.

4.3 How were land disposal treatment requirements developed?

The land disposal treatment requirements in Ontario are the same as the land disposal treatment requirements established by the USEPA. Land disposal treatment requirements for specific Hazardous Waste Numbers are based on technical practicability -- Best Demonstrated Available Technology (BDAT) -- and incorporate constituent treatment levels specified as universal treatment standards (UTS), which are discussed later in this section. Land disposal treatment requirements are expressed as either numerical standards or required technologies.

4.4 Where can you find the land disposal treatment requirements?

Land disposal treatment requirements for listed wastes and characteristic wastes are found in tables in Schedules 1, Part A of 2, Part B of 2, 3, 5 and 6 of Regulation 347. These schedules show the applicable land disposal treatment requirements for aqueous and non-aqueous waste for each hazardous waste, by hazardous waste number. A small sample of a Schedule for Hazardous Industrial Waste from Specific Sources is shown in Figure 4.1 for the purposes of illustration. While the number of columns and specific content in each column may vary from schedule to schedule, the basic structure of the schedules is similar.

4.5 What are numerical standards?

When land disposal treatment requirements are set as numerical standards (concentration limits), they do not limit the allowable method of treatment to the BDAT used to establish the treatment requirement; instead, BDAT was used to determine the appropriate level of treatment for each hazardous constituent commonly found in the waste. The waste processor may use any method or technology to meet the land disposal treatment requirement,except for prohibited dilution (see Section 4.12 of the LDR Handbook).

Numerical standards are either expressed as a "totals" measurement, or as an "extract" (or TCLP) measurement. A "totals" measurement compares the numerical standard with the total concentration of a regulated constituent in a representative sample of a waste. For aqueous wastes, totals measurements are in milligrams per litre (mg/L) on a composite sample of a waste to reflect the liquid nature of the waste, while non-aqueous totals measurements are in milligrams per kilogram (mg/kg) for a grab sample. If an "extract" or TCLP measurement is required, the waste handler must prepare an extract of the waste using the Toxicity Characteristic Leaching Procedure.

If numerical standards are specified for a waste, the levels of the regulated constituents in the waste or extract, as applicable, must be below the numerical standard before it may be land disposed.

If Column 5 or 6 of Schedule 5 of Regulation 347 contains the words "best efforts to achieve" in respect of a numerical concentration, 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 best efforts to achieve that treatment requirement. If the land disposal treatment requirement is not met, the waste must be disposed of in a hazardous waste facility.

4.6 What are universal treatment standards/underlying hazardous constituents?

Universal Treatment Standards (UTS) are a special category of numerical treatment standards. When BDAT was used to set land disposal treatment requirements for listed wastes and characteristic wastes, an unintended consequence occurred: the numeric treatment standard applied to an individual regulated constituent, like benzene, could vary depending on the performance of BDAT on each listed waste or characteristic waste.

To simplify the LDR program and eliminate this inconsistency between standards, a single numeric value was assigned to each constituent for its respective aqueous and non-aqueous forms. A consolidated list of each constituent (referred to as an underlying hazardous constituent (UHC)) and its land disposal treatment requirements (aqueous and non-aqueous forms) is known as the UTS table (Schedule 6 of Regulation 347). As a result, a common constituent found in multiple different wastes nonetheless carries the same numeric treatment level.

When land disposal treatment requirements were established for listed wastes, the UHCs in Schedule 6 were considered and included in the specific list of regulated constituents of the listed waste. It is therefore not necessary for the generators to concern themselves with UHCs in Schedule 6 for listed wastes. See Section 4.12 for situations where the waste is a listed waste and also a characteristic waste.

A UHC is the term used to describe a regulated constituent of a characteristic waste, identified in Schedule 6 of Regulation 347, which requires treatment to meet the UTS, but nonetheless does not cause the waste to exhibit a characteristic of hazardous waste. As of December 31, 2009, all UHCs present in a characteristic waste at or above the UTS standard at the point of generation must be identified in most characteristic wastes, and treated to reduce the regulated constituent to below UTS numerical limits.

Characteristic wastes that have been treated, so that they no longer exhibit a hazardous characteristic, no longer meet the definitions of characteristic waste and hazardous waste. However, the waste stream may still contain regulated constituents from Schedule 6 that need treatment. The waste remains subject waste until the concentration of all regulated constituents that were in the waste meets the Schedule 6 land disposal treatment requirements.

UTS are also used to establish land disposal treatment requirements for regulated constituents for soils and soil mixtures that are treated using alternate treatment standards.

4.7 What are the technology standards?

In some instances, numerical treatment standards for hazardous wastes cannot be developed. Usually, this occurs when analytical methods cannot reliably measure the constituents of concern in the treatment residual. In such cases, a technology or technologies must be used prior to land disposal. When a land disposal treatment requirement specifies a method of treatment, the waste must undergo that method of treatment before land disposal can take place. These technologies are designated by abbreviations called Treatment Codes, such as CMBST for combustion.

In some cases, a series of treatment technologies is specified. For example, non-aqueous U147 maleic anhydride waste has a treatment code of: (WETOX or CHOXD), CARBN; or CMBST. This means that U147 could be treated using wet air oxidation or chemical oxidation followed by carbon adsorption or by combustion alone.

Occasionally a choice of technologies is specified, such as the land disposal treatment requirement for U160 methyl ethyl ketone peroxide, which can be treated using: CHOXD; CHRED; CARBN; BIODG; or CMBST (chemical oxidation or chemical reduction or carbon adsorption or biodegradation or combustion). Each abbreviation, along with the associated treatment method or standard, is described in Schedule 7 of Regulation 347.

4.8 What are the treatment sub-categories?

For some hazardous waste numbers in Schedules 1 (Hazardous Industrial Wastes), Part A of Schedule 2 (Acute Hazardous Wastes), Part B of Schedule 2 (Hazardous Waste Chemicals) and Schedule 5 (Characteristic Wastes) of Regulation 347, sub-categories have been identified in the Regulated Constituents (and Treatment Sub-categories) column. In these cases, you must identify the treatment sub- category 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 sub-category.

* applies to the non-salt forms and requires treatment to meet numeric limits.

** applies to salts of 4,6-Dinitro-o-cresol and requires treatment to technology-based standards.

4.9 What if both a numerical standard and technology-based standard are included in a land disposal treatment requirement?

The following rules apply if both a concentration and technology-based standard are included in a land disposal treatment requirement:

Land disposal treatment requirement given as "or": Either a technology-based standard or a numerical standard can be used to treat the waste.

To be land disposed, this waste can be either treated to:
* the waste can be treated by a combustion technology (CMBST treatment code).
** reduce the concentrations of tirpate to less than 0.28 mg/kg in a representative grab sample of the waste, or

For certain characteristic wastes (e.g., D002) you may need to treat the waste by deactivation and treat the waste to meet UTS numerical standards in Schedule 6 of Regulation 347.

4.10 How do you identify applicable land disposal treatment requirements?

Chemical analysis and/or the use of your knowledge of the waste can be used to determine what you need to treat for if the land disposal treatment requirements apply. This assessment will need to be revisited if there are any changes in the raw materials or in the processes generating the waste.

The generator must then identify all applicable hazardous waste numbers for listed wastes and characteristic wastes and the appropriate land disposal treatment requirements for each hazardous waste number. Some hazardous waste numbers may have sub-categories with different standards; the generator needs to identify the standard for the correct sub-category for that hazardous waste number.

This identification process is summarized in Figure 4.2, which provides a general overview of the process for determining land disposal treatment requirements; Figure 4.3, which provides additional details about land disposal treatment requirements; and by the following examples which illustrate how to use the schedules.

Figure 4.2 - Overview of Land Disposal Treatment Requirements

1. Identify Hazardous Waste Numbers
   Guidance: See Registration Manual. Refer to Schedules in Regulation 347 for Hazardous Waste Numbers
   Example: Spent cyanide plating solution is generated in an electroplating operation. This waste is identified as a F007 Hazardous Industrial Waste (Schedule 1)
2. Determine Regulated Constituents
   Guidance: Refer to “Regulated Constituents” column in Schedules in Regulation 347 to corresponding to the waste
   Example: Regulated Constituents from Column 3 of Schedule 1 for F007 include: cadmium; chromium (total); cyanides (total); cyanides (amenable); lead; nickel; and, silver
3. Waste Aqueous or Non-Aqueous?
   Guidance: Aqueous Waste: Waste that is aqueous and contains less than 1 per cent total organic carbon by weight and less than 1 percent total suspended solids by weight Non-aqueous Waste: Waste that is not aqueous waste
   Example: The waste meets the definition of an aqueous waste

4. Determine Treatment Requirements
   Guidance: Refer to “Land Disposal Treatment Requirements” column in Schedules in Reg. 347 corresponding to the waste using aqueous or non-aqueous column per above determination
   Example: Column 5 of Schedule 1 indicates that treatment requirements are numeric based

   1. Treatment Code
      Guidance: Treatment technologies are designated by 5 letter codes. See Schedule 7 for code descriptions
      Example: Not applicable to this waste stream
   2. Treat Waste
      Technology Standard Met?
      If no, treat waste.
      If yes, proceed to ‘acceptable for land disposal’ below
      Guidance: Waste must be treated in accordance with treatment standard in Schedule 7
      Example: Not applicable to this waste stream
      OR
   3. Numeric Limit
      Guidance: Numeric codes apply to either bulk waste or TCLP extract of waste, as specified
      Example: Numeric limits are: chromium (total) – 2.77 mg./L; cyanides (total -1.2 mg/L; cyanides (amenable) – 0.86 mg/L; lead – 0.69 mg/L; and nickel – 3.98 mg/L
   4. Treat Waste
      Guidance: Any treatment technology is acceptable provided numeric limits are achieved
      Example: The waste treater chooses to apply reverse osmosis to treat the plating bath solution waste
   5. Numeric Limits Met?
      If yes, proceed to ‘acceptable for land disposal’ below If no, see Treat Waste above.
      Guidance: Waste must meet numeric limits in Schedules 1, 2 Part A, 2 Part B, 3, 5 and 6, as applicable
      Example: Test results for composite sample of treated waste: chromium (total): 1.1 mg/L cyanides (total): 0.8 mg/L; cyanides (amenable): 0.52 mg/L; lead: 0.15 mg/L; and nickel: 0.87 mg/L
5. Acceptable for Land Disposal
   Guidance: Treated Listed Waste or Listed Waste which was also Characteristic Waste must be disposed in a hazardous waste landfill. Fully Treated Characteristic Waste can be disposed in a non-hazardous waste landfill
   Example: Waste acceptable for and disposal at approved hazardous waste facility
6. Notification must be provided to receiver prior to initial shipment (See Section 8 of LDR Handbook)

Figure 4.3 - Determining Land Disposal Treatment Requirements - Part 1

Waste Subject to Land Disposal Treatment Requirements:

Waste is Listed and/or Characteristic Waste?

Listed Waste Only

1. Determine regulated constituents using Schedule 1, 2 Part A, 2 Part B, or 3 as applicable for Listed Waste
2. Treat Waste

3. Waste meets land disposal treatment requirements?

   • If no, go to step 2.
   • If yes, go to step 4.
4. Waste can be land disposed of in approved hazardous waste management facility
5. Notification must be provided to receiver prior to initial shipment (See Section 8 of LDR Handbook)

Characteristic Waste Only

1. Waste exhibits more than one characteristic?

   • If yes,

     • Identify treatment requirement for each regulated constituent for each characteristic exhibited

   • If no,

     • Identify treatment requirement for each regulated constituent for characteristic exhibited

2. Column 5 or 6 of Schedule 5 includes words “Meet Schedule 6 Standards” for regulated constituents?

   • If yes, Treatment must meet Schedule 5 standard and must reduce each regulated constituent in Schedule 6 below Schedule 6 limit
   • If no, Treatment required for Schedule 5 regulated constituents only
3. Treat waste to meet numeric limits and/or technology standards (Note: If Column 5 or 6 of Schedule 5 includes the words “best efforts to achieve”, it is not necessary for the concentration of the regulated constituent in the treated waste to be less than that concentration. The person treating the waste must use best efforts to achieve the standard. If the standard is not achieved the waste must be disposed of in a hazardous waste management facility.)

4. Treatment increases concentration of regulated constituents with numerical limits?

   • If yes, concentration of each regulated constituent with numerical limits in untreated waste less than treatment requirements in Column 5 or 6 of Schedule 5, as applicable?

     • If yes, Dispose of waste in non-hazardous waste landfill or approved hazardous waste facility (Note: If the waste was classified as both a listed and a characteristic waste prior to treatment, under the “derived from rule” the treated waste must be land disposed of at a facility approved for hazardous waste.)

       • Notification must be provided to receiver prior to initial shipment (See Section 8 of LDR Handbook)
     • If no, go to step 3.

   • If no, Dispose of waste in non-hazardous waste landfill or approved hazardous waste facility (Note: If the waste was classified as both a listed and a characteristic waste prior to treatment, under the “derived from rule” the treated waste must be land disposed of at a facility approved for hazardous waste.)

     • Notification must be provided to receiver prior to initial shipment (See Section 8 of LDR Handbook)

Listed Waste which is also a Characteristic Waste

1. Determine regulated constituents using Schedule 1, 2 Part A, 2 Part B, or 3 as applicable for Listed Waste and Determine regulated constituents for each characteristic using Schedule 5 (and 6)
2. Compare

3. Regulated constituents for Listed Waste includes

   all

   applicable Schedule 5 constituents.

   • If yes,

     • Treatment required in accordance with land disposal treatment requirements for Listed Waste

       only

     • Treat in accordance with the instructions listed above for Listed Waste Only

   • If no,

     • Waste must be treated for each regulated constituent identified for the Listed Waste plus any other Characteristic Waste regulated constituents (including all UTS standards if Schedule 6 noted as part of land disposal treatment requirements) not already included as a regulated constituent for the Listed Waste(s)
     • Treat in accordance with the instructions listed above for Listed Waste Only and Characteristic Waste Only

K005 waste is determined to be an aqueous waste. To be land disposed, this waste must be treated to reduce the concentrations of chromium (total), lead and cyanides (total) to less than 2.77 mg/L, 0.69 mg/L and 1.2 mg/L respectively in a representative sample of the waste. Any treatment technology or combination of technologies can be used.

K005 waste is determined to be a non-aqueous waste. To be land disposed, this waste must be treated to reduce the concentrations of chromium (total) and lead in a representative TCLP sample to less than 0.69 mg/L and 0.75 mg/L respectively. In addition,the concentration of cyanides (total) in a representative sample of the waste must also be reduced to less than 590 mg/kg. Any treatment technology or combination of technologies can be used.

K026 waste is determined to be an aqueous waste. To be land disposed, this waste must be treated by a combustion technology (CMBST), which includes high temperature organic destruction technologies (e.g., combustion in incinerators, boilers, industrial furnaces) and certain non-combustive technologies (e.g., Catalytic Extraction Process). Only a combustion technology can be used to treat this waste. In this case, the entire waste steam is the regulated constituent, and there are no regulated constituent concentration limits for the treated waste.

U057 waste is determined to be a non-aqueous waste. To be land disposed, this waste must either be treated to reduce the concentration of cylohexanone in a representative TCLP sample to less than 0.75 using any treatment technology or combination of technologies or treated using a Combustion Technology as designated by the CMBST code (see Example 3). There are no regulated constituent concentration limits if Combustion Technology is used.

U223 waste is determined to be an aqueous waste. To be land disposed, this waste must be treated using either Carbon absorption (CARBN) or Combustion Technology (CMBST)(see Example 3 for further details). If carbon absorption is used, Schedule 7 of Regulation 347 requires that the absorption unit be operated such that a surrogate compound or indicator parameter has not undergone breakthrough. While toluene diisocyanate is the regulated constituent, there are no regulated constituent concentration limits for the treated waste.

U219 waste is determined to be an aqueous waste. To be land disposed, this waste must be treated using either Combustion Technology (CMBST) (see Example 3 for further details) or Wet air oxidation (WETOX) or chemical or electrolytic oxidation (CHOXD) followed by (fb) carbon absorption (CARBN). The inclusion of WETOX or CHOXD within the brackets indicates that either technology may be used prior to treatment by carbon absorption. As per Schedule 7, for both WETOX or CHOXD a surrogate compound or indicator parameter must be substantially reduced in concentration in the residuals. There are no regulated constituent concentration limits for the treated waste.

4.11 What are the land disposal treatment requirements for wastes that are both listed and characteristic?

A listed waste or characteristic waste must meet all applicable land disposal treatment requirements prior to being land disposed. If a waste is both a listed waste and a characteristic waste, it will need to meet the land disposal treatment requirements for all hazardous waste numbers that apply to the waste, including land disposal treatment requirements for UHCs.

The only exception to this rule is when the constituent that makes the waste a characteristic waste is one of the regulated constituents in the land disposal treatment requirement for the listed waste. In this case, the land disposal treatment requirement for the listed waste would apply, rather than the characteristic land disposal treatment requirement (i.e., Schedule 5 and 6 of Regulation 347 would not apply). For wastes that are both listed and characteristic, the final treated waste must be disposed of in an approved hazardous waste management facility.

Example where treatment is required for both the listed and characteristic hazard: Case Study 1 in Section 10 of the LDR Handbook provides an example where a waste is classified as both a listed waste and characteristic waste and requires treatment for both the listed hazard as well as the characteristic hazard.

Example where additional treatment is not required for the characteristic hazard: Spent cyanide plating bath solutions from electroplating operations contain cadmium at a TCLP concentration of 1 mg/L, making it leachate toxic (See Schedule 4 of Regulation 347). This waste is also a listed waste, F007, (See Schedule 1 of Regulation 347) which has a numerical treatment standard for cadmium of 0.11 mg/L. Since the land disposal treatment requirements for F007 specifically address cadmium, the F007 requirement applies, rather than the D006 requirement and treatment to meet the UTS for characteristic wastes in Schedule 6 is therefore not required.

4.12 What is the dilution prohibition?

A dilution prohibition is included in Regulation 347 for hazardous industrial wastes (subsection 75 (2)) acute hazardous wastes (subsection 76 (2)), hazardous waste chemicals (subsection 77 (2)), severely toxic wastes (subsection 78 (2)) and characteristic wastes (subsection 79 (2)). This is to ensure that treatment takes place for regulated constituents present in the hazardous waste and to prevent the avoidance of appropriate waste management because of dilution. The generator, or any other person handling the waste prior to land disposal, is not allowed to dilute a hazardous waste to which LDR applies as a substitute for adequate treatment. All applicable regulated constituents must be destroyed, removed or immobilized before the waste can be land disposed.

The dilution prohibition ensures that mixing, blending, bulking, or intermingling of a hazardous waste with any other waste or material is not permitted, unless it is part of a process authorized by a C of A.

5.0 Alternate treatment standards for debris and soils

5.1 What is the purpose of this section?

Section 5 describes alternate treatment standards. This section identifies which hazardous wastes can be treated using the alternate treatment standards and the requirements associated with the use of these standards.

5.2 What are alternate treatment standards?

Waste-specific land disposal treatment requirements for listed wastes or characteristic wastes (under S. 75 to 79 of Regulation 347) could be difficult to apply to a debris or a debris mixture and a soil or a soil mixture that is a listed waste or characteristic waste. In this section this waste is referred to "hazardous debris" and "hazardous soil". Alternate treatment standards are designed to encourage more feasible cleanup of hazardous debris or hazardous soil subject to LDR requirements. In the absence of alternate treatment standards, these wastes would be required to comply with the waste-specific numerical or technology-based treatment standards developed for hazardous wastes. These land disposal treatment requirements may be inappropriate (e.g., requiring large quantities of hazardous debris or hazardous soil to be incinerated) or unachievable (e.g., did not account for heterogeneous debris or soil matrices) when applied to regulated constituents present in these wastes.

Alternate treatment standards for debris are defined in section 83 and Schedule 8 of Regulation 347. Alternate treatment standards for soil are defined in section 82 of Regulation 347

5.3 What wastes can be treated using alternate treatment standards?

Alternate treatment standards apply only to a listed waste or a characteristic waste that is soil or debris (i.e., hazardous soil or hazardous debris).

5.4 Who can use alternate treatment standards?

Either the waste generator or a waste handler may treat hazardous debris and hazardous soils using the alternate treatment standards. The processor of the waste must develop a waste analysis plan.

5.5 Are you required to use alternate treatment standards?

Alternate treatment standards are optional. You can always choose to manage hazardous debris or hazardous soil by meeting the waste-specific land disposal treatment requirements in S. 75 to 79 of Regulation 347.

5.6 How do you determine if debris or soil is a listed waste or a characteristic waste?

When dealing with the management and disposal of remediation waste, the "mixture" and "derived-from" rules generally do not apply. Most spills or discharges that cause contamination result in large quantities of soil with relatively low concentrations of chemicals. Strict application of the "mixture" and "derived-from" rules to contaminated sites would cause many tonnes of soil to be regulated as listed waste despite the fact that they contain low concentrations of chemicals and pose little actual health or environmental threat. However, contaminated soils can still present health or environmental threats if they are not properly handled and/or disposed.

The proper handling and disposal of a waste soil can be achieved if the waste destined for land disposal is tested and treated for characteristic waste properties (i.e., ignitable, corrosive, reactive or leachate toxic). In most cases, these waste soils and debris generated during remediation activities are identified as hazardous wastes only if they are a characteristic waste. Any soil that is a characteristic waste is subject to LDR requirements and must be treated using either the waste-specific land disposal treatment requirements or alternate treatment standards if land disposed.

This approach does not apply to soil that is known to have been contaminated by a listed waste through an immediate spill or other activity (e.g., above ground tank leaking a listed waste). In this situation, the waste may be treated using the alternate treatment standards but must be disposed of at a hazardous waste facility, since the "derived-from" rule applies.

As in the case of waste soil, if it is known that debris was contaminated by a listed waste, the debris may be managed in accordance with the alternate treatment standards for debris, although the disposal of the treated debris may be restricted to a hazardous waste landfill. In cases where the source of contamination is historical and it is not known whether the debris was contaminated by a listed waste, the debris is considered hazardous only if it is a characteristic waste (i.e., ignitable, corrosive, reactive or leachate toxic).

If you choose to treat a hazardous soil or hazardous debris using waste-specific land disposal treatment requirements, you must treat the debris or soil to meet the treatment requirements prescribed in the applicable Schedules for all relevant hazardous waste numbers for the listed waste or characteristic waste. Alternatively, you may apply the alternate treatment standards described below.

5.7 Alternate treatment standards for debris

5.7.1 What is hazardous debris?

Debris means solid waste that has a particle size of more than 60 mm, 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 may be comprised of virtually any manufactured object, plant, animal matter, or geologic material bigger than the approximate size of a tennis ball. Debris is often generated when a building or structure is undergoing demolition or renovation. Chunks of material generated during remediation may be contaminated with a hazardous waste (e.g., scrap piping or tanks that held hazardous waste) that causes the debris to exhibit a characteristic property. Debris might consist of more than one waste type (e.g., a mixture of glass, metal, and plastic).

5.7.2 What are the alternate treatment standards for hazardous debris?

The alternate treatment standards for debris are technology-based and are identified in Schedule 8 of Regulation 347. A waste generator or waste handler can choose from among several types of treatment technologies, based on the type of debris and the waste with which it is contaminated. The alternate treatment standards for hazardous debris are divided into three technology types: extraction, destruction, and immobilization technologies. Acceptable technologies are summarized in Table 5.1.

Off-site treatment of hazardous debris using an alternate treatment standard always requires a C of A. On-site treatment of hazardous debris using an alternate treatment standard may require a C of A, depending on the alternate treatment method used and/or the contaminants being treated for (see Table 5.1).

For each alternate treatment method, Schedule 8 provides a description of the treatment method, treatment standards (i.e., the level of treatment required) as well as any restrictions on the use of the technology-based on type of debris or the regulated constituents being treated (e.g., what cannot be treated using the alternate treatment method).

(1) The layers of residue debris removed by spalling continue to meet the definition of hazardous debris and remain subject to the alternate treatment standards for hazardous debris (i.e., 60 mm particle size definition for "debris" does not apply to this residue) and must be treated in accordance with the alternate treatment standards or in accordance with waste-specific treatment methods applicable to regulated constituents requiring treatment.

(R) Restrictions apply to the use of these technologies. See Schedule 8 of Regulation 347 for details.

(C) C of A required for use of treatment method for on-site treatment

(C of A-D) C of A required for use of treatment method for debris contaminated with a dioxin-characteristic waste for on-site treatment

(S) Maximum size restrictions in effect for brick, cloth, concrete, paper, pavement, rock and wood

Figure 5.2 – Alternate Treatment Standards for Debris

1. Debris contains listed waste or is corrosive, ignitable reactive or leachate toxic?

   • If no, Debris not subject to land disposal restrictions
   • If yes, go to step 2.
2. Hazardous Debris treatment Options:

   Note 1: Deliberate mixing of hazardous waste with debris that changes its treatment classification (i.e., from waste to debris) is not allowed under Regulation 347.
   Note 2: If “Restrictions” column of Schedule 8 indicates that treatment is restricted for certain wastes, a combination of treatment technologies will be required that address all regulated constituents.)

   • Use as generated treatment standards

     • Treat to meet waste specific treatment requirements for all hazardous waste numbers (s. 75-79)
     • See Figure 4.3 and Section 4 of the LDR Handbook

   • Use Alternate Standards

     • Identify characteristics (ignitability, reactivity, corrosivity, leachate toxicity) of debris and associated regulated constituents (see Schedule 5), or regulated constituents if listed waste (See Schedule 1 through 3)
     • Identify alternate debris treatment standards required to address all regulated constituents (s. 83, Schedule 8) (See Note 1)

3. Immobilization technology used?

   • If no,

     • Treat debris using extraction and/or destruction technology
     • Go to step 4.

   • If Immobilization Used alone

     • Debris treated using immobilization technology
     • Go to step 4.

   • Immobilization used in combination with other technologies

     • Treat debris using extraction and/or destruction technology
     • Complete treatment using immobilization technology last
     • Go to step 4.
4. Standards have been attained

5. Separate treatment residuals into debris and non-debris by mechanical means or simple physical separation

   • Residual Layers from Spalling

     • Identify characteristics (ignitability, reactivity, corrosivity, leachate toxicity) of debris and associated regulated constituents (see Schedule 5), or regulated constituents if listed waste (See Schedule 1 through 3)
     • Go to step 3.

   • Non-debris residual

     • Treat hazardous residuals in accordance with treatment requirements as applicable:
       s. 75 if residual is hazardous industrial waste
       s. 76 if residual is acute hazardous waste
       s. 77 if residual is hazardous wastes chemical
       s. 78 if residual is acutely hazardous waste chemical
       s. 79 if residual is a leachate toxic waste
       s. 79 if residual is a reactive waste because of the presence of cyanide
       s. 79 if residual is an ignitable, non-aqueous waste that contain > 10% total organic carbon
     • Residuals must also be treated to eliminate ignitable or reactive characteristics not listed above and corrosive characteristics using any treatment technology

   • Debris Residual

     • If untreated debris was reactive due to the presence of cyanide, residual debris must be treated to meet D003 Treatment Subcategory 6 treatment requirements
     • Go to step 6.

6. Does debris exhibit a characteristic after treatment?

   • If yes,

     • Treat for the characteristic (See Note 2 in step 2)
     • Go to step 7.
   • If no, go to step 7.

7. Debris contained listed waste and immobilization technology was used?

   • If yes, Dispose of in approved hazardous waste disposal site
   • If no, Dispose of in approved non-hazardous hazardous disposal site

There are several considerations you must be aware of in using the alternate treatment standards for hazardous debris. These are:

• Mixtures of Debris: If your hazardous debris consists of a mixture of debris types (e.g., a mixture of glass, metal, and plastic), then you must meet the treatment standard for each type of debris.

  Example: A mixture of steel and concrete debris contaminated with F032 wastes is to be treated with vapour phase extraction. The Schedule 8 treatment standard requires the steel debris to be treated for a sufficient period of time to result in a "clean debris surface" with no restriction on the size of the steel debris treated. The concrete debris, however, requires a contact time of 60 minutes and a maximum thickness of debris of no more than 1.2 cm (½ inch) in one dimension. If the steel and concrete are not separated prior to treatment, the more restrictive treatment would apply (i.e., the steel would have to be treated for 60 minutes to satisfy the requirements for the concrete debris).

  Summary: Clean debris surface means that the surface, when viewed without magnification, must be free of all visible contaminated soil and hazardous waste, except that residual staining from soil and waste that consists of light shadows, slight streaks or minor discolorations may be present, and soil and waste in cracks, crevices or pits may be present, if the residual staining or the waste and soil in cracks, crevices or pits is limited to not more than 5% of each square inch (6.45 cm²) of surface area.

• Debris contains multiple regulated constituents: If your hazardous debris is contaminated with more than one regulated constituent, then each of the regulated constituents must be addressed during the selection of alternate treatment methods.

  Example: Hazardous debris consisting of concrete is contaminated with a spent solvent blend containing a mixture of benzene. toluene and xylene (F001 listed waste) and is found to be leachate toxic for chromium (D007). Feasibility studies indicated that the preferred method of treating for benzene. toluene and xylene is by chemical oxidation using ozone. Schedule 8 indicates that chemical oxidation is an approved treatment for these wastes, but not for metals, therefore, further treatment is required to address the chromium. In this case, high-pressure water wash was selected as the metals (chromium) treatment method.

• Immobilization technology: If immobilization technology is used in combination with extraction or destruction technologies, you must employ the immobilization technology last.

• Cyanide-reactive debris: Residual debris from the treatment of cyanide-contaminated debris that was characterized as a reactive waste (D003) due to the presence of cyanide, must be treated to meet sub-category 6 land disposal treatment requirement specified for D003 waste in Schedule 5 of Regulation 347 (i.e., maximum of 590 mg/kg cyanide (total) and 30 mg/kg cyanide (amendable)).

  Summary: With the exception of immobilization technology, alternate treatment methods can be applied in any order.

• Size Reduction: Certain alternate treatment methods (see Table 5.1) impose a maximum size restriction on debris consisting of brick, cloth, concrete, paper, pavement, rock and/or wood. If reducing the particle size of debris to meet the treatment standards results in material that no longer meets the 60 mm minimum particle size limit for debris, the material is subject to the waste-specific land disposal treatment requirements for the waste contaminating the material, unless the debris has been cleaned and separated from contaminated soil and waste prior to size reduction. If an alternate thickness limit is required, the processor can apply for a C of A.

5.7.3 If alternate treatment standards are technology-based, why do you need to identify regulated constituents / listed wastes?

Although alternate treatment standards for debris are technology- based, Schedule 8 of Regulation 347 imposes restrictions or additional requirements for some regulated constituents (as discussed above). Accordingly, you must determine if your waste contains these regulated constituents to determine if any restrictions apply to your waste.

Example: For brick, cloth, concrete, paper, pavement, rock and wood: water washing and spraying is restricted unless the regulated constituent is soluble to at least five per cent by weight in water solution or five per cent by weight in emulsion and biological destruction is not allowed for the treatment of metal constituents.

If the debris is a characteristic waste, the regulated constituents include all constituents identified in Schedule 5 of Regulation 347 that cause the debris to exhibit a characteristic waste property. If the debris has been contaminated by a listed waste, the regulated constituents are those that are identified for the applicable hazardous waste number for the listed waste. Once a determination is made regarding which regulated constituents must be treated in the debris, you must then determine what type of treatment or combination of treatments will address all of your regulated constituents.

Knowledge of the presence or absence of listed wastes is also required to make treatment decisions for non-debris residuals (as discussed below) as well as for the management of residual debris treated with immobilization technologies (as discussed above).

5.7.4 How do you manage treatment residuals?

Residue resulting from the treatment of hazardous debris must be separated by simple mechanical means or by simple physical means into residuals that are debris, and residuals that are not debris.

Debris Residuals: Debris that is a characteristic waste treated using an immobilization technology, and debris that is a listed waste or characteristic waste treated using extraction or destruction technologies that no longer exhibit a characteristic waste property, can be disposed of in a non-hazardous waste facility. The following debris residuals are not acceptable for disposal in a non-hazardous waste disposal site:

• Debris containing a listed waste that was treated using an immobilization technology remains a hazardous waste and must be disposed of in an approved hazardous waste management facility.
• The layers of residue debris removed by spalling continue to meet the definition of hazardous debris and remain subject to the alternate treatment standards for hazardous debris (i.e., treated as if it were still debris).

Non-debris Residuals: With some exceptions, non-debris residues resulting from the treatment of hazardous debris must meet the waste-specific land disposal treatment requirements specified in Sections 75 to 79 of Regulation 347. Some special aspects of this general rule are described below:

• Residues generated by deactivating hazardous debris that exhibited the ignitable, corrosive, and/or reactive characteristic (except for reactive cyanide contaminated debris), need only to be deactivated prior to disposal. Such residues are not subject to the waste-specific land disposal treatment requirements and can be deactivated using any appropriate treatment technology.
• Residues generated by deactivating cyanide-reactive debris must meet the waste- specific land disposal treatment requirements for D003 wastes.
• Residues that exhibit the ignitable characteristic and contain greater than 10 per cent total organic carbon must meet the waste-specific land disposal treatment requirements specified in Section 79 of Regulation 347 for D001 wastes (i.e., treatment codes RORGS; CMBST; or POLYM).

5.8 Alternate treatment standard for soils

5.8.1 At what point do soils become subject to land disposal treatment requirements?

Hazardous soil is subject to the land disposal treatment requirements under the LDR program if:

• The soils are excavated from a site and are being sent off-site for land disposal (i.e., generated); or
• The soils have been excavated from a site and will be permanently disposed of as a waste at another on-site location (i.e., on-site landfill) unrelated to the area of the site that is being remediated; and
• The soils do not already meet applicable land disposal treatment requirements (i.e., waste-specific or alternate treatment standard).

5.8.2 What is the alternate treatment standard for hazardous soil?

The alternate treatment standard for hazardous soil requires that the soil be treated for the characteristic waste properties of ignitability, reactivity and corrosivity as well as for each regulated constituent identified in Schedule 6 (Universal Treatment Standards) of Regulation 347 that can reasonably be expected to be present in the soil at a concentration that exceeds 10 times the standard set out for that regulated constituent in Column 4 of that Schedule.

The alternate treatment standard does not require the use of any given technology to treat the characteristic waste; you are free to choose the most appropriate treatment technology for treating the waste soil.

The alternate treatment standard requires the treated soil to no longer be ignitable, corrosive or reactive. In addition, a reduction of regulated constituents by 90 per cent, capped at 10 times the UTS, is required. This means that if a 90 per cent reduction of a particular constituent would bring the constituent concentration to below 10 times the UTS level, treatment need only achieve the 10 times UTS level. If the 90 per cent reduction is higher than 10 times UTS, treatment need only achieve the 90 per cent reduction.

Example: A soil contaminated with a listed waste was determined not to be ignitable, corrosive or reactive. However, it was analyzed as containing nickel, a Schedule 6 constituent at a TCLP concentration of 400 mg/L. Reducing this by 90 per cent would mean treating the waste to 40 mg/L TCLP. However, the UTS for nickel is 11 mg/L TCLP, so 10 times the UTS would be 110 mg/L TCLP. Therefore, this soil would only require treatment to 110 mg/L TCLP to meet the LDR alternate soil treatment standards.

Following treatment for regulated constituents, the soil may still be a leachate toxic waste since the 10 times UTS level is sometimes above the leachate quality criteria in Schedule 4 of Regulation 347 (e.g., 10 times UTS for lead is 7.5 mg/L, while the leachate quality criteria for a leachate toxic waste is 5 mg/L). Because the soil would still be a hazardous waste, it requires disposal in a facility approved for hazardous wastes. A waste soil that meet the alternate treatment standards and is not a leachate toxic waste is no longer a characteristic waste and may be sent to a non-hazardous waste landfill. If the soil is known to have been contaminated by a listed waste through an immediate spill or other activity, it may be treated using the alternate treatment standards but must be disposed of at a hazardous waste facility, since the "derived-from" rule applies.

If you choose to apply the alternate treatment standards for hazardous soil, you must use the numerical limits specified in Column 4 of Schedule 6 in Regulation 347 to assess compliance with the above criteria, with the following exception:

To assess if the concentration of regulated constituents after treatment is not more than 10 per cent of the concentration of the regulated constituents before the treatment (i.e., hazardous constituents reduced by at least 90% through treatment), total constituent analysis (mg/kg) is to be used to assess treatment performance for metals, carbon disulfide, cyclohexanone or methanol, if the soil was treated using a metals removal technology.

Figure 5.3 summarizes the treatment options and treatment standards for soil and soil mixtures.

5.8.3 How do you manage Treatment residuals when using the alternate treatment standards for soils?

If a treatment residual is a soil, then you should continue to manage this residual using the alternate treatment standard for soils. Non-soil residuals, such as wastes generated during application of separation technologies, are regulated as hazardous wastes if they exhibit a characteristic waste property. These non-soil residuals are subject to the waste-specific land disposal treatment requirements for the characteristic exhibited.

Figure 5.3 – Alternate Treatment Standard for Soil

1. Generate Soil

2. Soil contaminated by listed waste or exhibits hazardous waste characteristics? If no, Soil is not subject to land disposal restrictions

   • If yes, Decide which treatment standard to use
   • If no, Soil is not subject to land disposal restrictions

For As Generated Treatment Requirement

3. As-Generated Land Disposal Treatment Requirements (S. 75-79)

   • Identify constituents and/or characteristics for treatment before land disposal
   • See Figure 4.3 for treatment requirement & Section 4 of the LDR Handbook

For Alternate Treatment Standard

4. Soil Alternate Treatment Standards (S. 82)

   • Identify characteristics and constituents that must be treated before land disposal:

     • Ignitable, corrosive, and reactive characteristics
     • All regulated constituents from Schedule 6 reasonably expected to be present in the soil (do not include constituents 10 times UTS standard or below)
   • Go to step 5.
5. Determine initial concentrations of regulated constituents that must be treated before land disposal

6. Treat (using your choice of treatment methods) to decharacterize waste (i.e., eliminate ignitability, corrosivity and/or reactivity)
   and
   Treat (using your choice of treatment methods) the soil to meet the greater of.

   1. 90 percent reduction in concentration of the regulated constituents, or
   2. 10 times UTS standard of the regulated constituents

For Non-soil Treatment Residue

7. Treatment residue exhibits a characteristic of hazardous waste?

   • If yes,

     • treat to meet the waste-specific land disposal treatment requirements in Schedules 5 & 6
     • See Figure 4.3 for treatment requirement & Section 4 of the LDR Handbook
   • If no, waste can be disposed in a non-hazardous waste facility, unless the soil was known to have been contaminated by a listed waste

For Soil Residuals

8. Standards have been attained (Note: If soil mixture residuals from the treatment of hazardous soils exhibit a characteristic of hazardous waste, the alternate treatment standards can be applied to further treat the residuals.)?

   • If no, follow instructions for Alternate Treatment Standard
   • If yes, go to step 9.

9. Treated soil exhibits characteristic of leachate toxicity?

   • If yes, dispose of in facility approved to accept hazardous wastes
   • If no, waste can be disposed in a non-hazardous waste facility, unless the soil was known to have been contaminated by a listed waste

6.0 Small quantity generators and MHSW depots

6.1 What is the purpose of this section?

Section 6 describes LDR provisions for small quantity generators (SQGs) and MHSW depots.

6.2 Small quantity generators (SQGs)

6.2.1 What is an SQG?

A small quantity generator (SQG) is an operator of a waste generation facility that produces a total of less than 100 kilograms of hazardous industrial wastes (waste characterization letter "H"), hazardous waste chemicals (waste characterization letter "B") and characteristic wastes (waste characterization letters "I", "C", "R" and "T") at a site in any calendar (one-) month (period).

The provisions for SQGs reduce the overall burden of the LDR program on generators of small amounts of hazardous waste, and these provisions will have minimal impact on the amount of hazardous wastes that need to meet the land disposal treatment requirements.

6.2.2 What are the requirements for SQGs?

Section 80 of Regulation 347 sets out the requirements for SQGs. Specific listed wastes or characteristic wastes destined for land disposal are not required to be treated provided these wastes are managed in a prescribed manner; however, these wastes are still considered hazardous wastes and must meet all other management requirements for hazardous waste prescribed in Regulation 347.

SQGs may land dispose their hazardous waste chemicals, hazardous industrial wastes and characteristic wastes without meeting the land disposal treatment requirements, provided that the waste generator:

• Generates less than 100 kg in any month of hazardous waste chemicals, hazardous industrial wastes and characteristic wastes (see Section 6.2.3);
• Meets the performance requirements for SQG containers (see Figure 6.1 under Requirements for SQG Containers);
• Seals the waste container (see Section 6.2.4) and affixes the prescribed certificate (see Section 6.2.5); and,
• Ensures the waste is managed or disposed of at an approved hazardous waste management facility.

Figure 6.1 – LDR Requirements for Small Quantity Generators

Generator

Do you Qualify as a Small Quantity Generator (<100 kg of Hazardous Industrial Waste plus Hazardous Waste Chemicals plus Characteristic Waste generated monthly)?

If no, SQG provisions do not apply.
If yes, all of the following requirements for SQG Containers apply, otherwise the container is NOT acceptable for land disposal without treatment:

• All waste in container produced at Generator’s waste generation facility
• Only Hazardous Industrial Waste, Hazardous Waste Chemicals and/or Characteristic Waste in container
• Waste in the container has not been mixed, blended, bulked or in any other way intermingled with any other waste or material
• Container and its seal comply with any requirements of the Registration Manual(container requirements are included in both Regulation 347 and the Registration Manual)
• Container weighs 250 kg or less
• Certificate with required information affixed to container (see Figure 6.2 for sample certificate)

Requirements For SQG Containers At Land Disposal Site

Container acceptable for land disposal without treatment when all of the following requirements for SQG Containers are met, otherwise the container is

not

acceptable for land disposal without treatment:

• Certificate with proper information present on container (see Figure 6.2 for sample certificate)
• Container seal affixed by generator is unbroken
• Container not broken or leaking

6.2.3 What is included in the 100 kg total?

In calculating whether your facility can land dispose of listed wastes or characteristic wastes under the SQG provisions, you must include the total of all hazardous waste chemicals, hazardous industrial wastes and characteristic wastes generated on-site in any given month.

6.2.4 How should you seal a container of SQG waste?

You are free to select an effective/appropriate method of sealing containers. Whatever method is chosen, it must be apparent that the seal has not been broken or tampered with upon receipt of the waste at the waste management facility. Examples of security seals that may be used include:

6.2.5 What needs to be included on the certification document?

The certification requirements for SQG wastes are included in subsection 80(3) of Regulation 347 and the Registration Manual. Certification takes the form of a certificate, which must be affixed to the sealed container. The certificate must include:

• The name, address, telephone number and generator number of the waste generator. This information relates to the site where the waste is originally generated.
• A statement that Sections 75, 77 and 79 of Regulation 347 do not apply to the land disposal of the sealed container, as long as:
  1. the container does not appear to be broken or leaking, and
  2. the seal does not appear to be broken or to have been tampered with.
• A description of the contents of the container, including:
  1. a description of the waste(s) in the container along with the appropriate waste number(s) and the quantity of each waste. If more than one waste is included in the container, the description of the contents should be preceded by the designation "Lab-packed Contents."
  2. a statement that all the waste in the container is hazardous industrial waste, hazardous waste chemical or characteristic waste,
  3. 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
  4. a statement that the waste in the container was produced at the generator’s waste generation facility.
• 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.
• A statement that the container and its seal comply with any requirements of the Registration Manual.
• A statement that the total weight of the container and its contents does not exceed 250 kilograms.
• A signature (and printed name) and date the certificate was signed. An individual at the generating site who is knowledgeable about the contents of the container must sign the certificate to confirm that the information on the certificate is accurate.

A sample certificate is provided as Figure 6.2.

A facility may generate less than 100 kg in any month and generate less than 100 kg in a subsequent month to accumulate enough hazardous waste for a shipment, and still be 250 kilograms or less for the container and its contents for the two months. If more than one container is needed, each container must be certified separately. If a facility generates more than 100 kg of hazardous waste in any month, it will not be able to use the SQG provisions and the waste will be subject to the LDR requirements.

6.2.5 How should waste management facilities handle SQG wastes?

Waste management facilities may land dispose containers of SQG wastes without treatment to meet the land disposal treatment requirements if the facility ensures that:

• A certificate described in subsection 80 (3) of Regulation 347 is affixed to the container;
• The container does not appear to be broken or leaking; and
• The seal does not appear to be broken or to have been tampered with.

A waste processing facility can choose to break open sealed containers of SQG wastes and bulk these wastes with other wastes for treatment. If this is done (i.e., container seal is broken), the SQG wastes, as well as any wastes blended with those wastes, become subject to all of the LDR requirements.

Figure 6.2 - Sample Certificate for Sealed Container

Download Sample Certificate for Sealed Container

6.3 Municipal hazardous or special waste (MHSW) depots

6.3.1 What is a MHSW depot?

MHSW depots receive waste from the general public or householder (e.g., from a domestic source). These depots may also collect waste that meets the SQEs in the hazardous waste definition from industrial, commercial and institutional (IC&I) generators.

Some MHSW depots have a C of A that allows them to accept small quantities of hazardous wastes generated by IC&I generators in quantities greater than the SQE. Facilities approved to accept these wastes have specific conditions in their C of A that need to be followed. Therefore, not all IC&I wastes received at a MHSW depot are exempt from the land disposal treatment requirements (see Section 6.3.2).

MHSW collection programs have been established to ensure that wastes generated by householders are appropriately handled. In the absence of MHSW collection facilities, these wastes would otherwise be disposed in non-hazardous waste facilities. The exemption from the requirement to meet land disposal treatment requirements for wastes collected at MHSW depots eliminates a potential disincentive for municipalities to continue the collection and proper management of these wastes, and has been included to reduce the overall burden of the program on municipalities.

6.3.2 What are the requirements for MHSW depots?

In general, there are four scenarios that may be included in a MHSW depot’s C of A:

• Approved to accept MHSW from households only
• Approved to accept MHSW including SQE wastes from IC&I generators
• Approved to accept MHSW, SQE, and small quantity generator (SQG – generates less than 100 kg of hazardous waste in any month) wastes from IC&I generators
• Approved to accept MHSW, SQE, SQG and IC&I hazardous wastes in quantities of 100 kg or more in any month.

The MHSW provisions in the LDR program apply only to approved sites, such as collection facilities that receive MHSW directly from the generator and those that receive SQE wastes from IC&I generators. Section 81 of Regulation 347 sets out the requirements for MHSW depots receiving MHSW and SQE wastes from IC&I generators that allow the land disposal of these wastes without meeting the land disposal treatment requirements.

MHSW depots that are approved and collect hazardous wastes that meet the SQG provisions in Regulation 347, and larger quantities of waste that do not meet the SQG provisions, have additional requirements under the LDR program which are determined by the quantity and source of waste received.

LDR requirements for MHSW depots for different sources and quantities of listed wastes or characteristic wastes are summarized in Table 6.1.

The owner of the waste is obliged to demonstrate at all times that the MHSW being accepted at the MHSW depot meets the provisions in S. 81 of Regulation 347. Potential methods to demonstrate this include:

• Labels (e.g., see sample in Figure 6.3) and/or security seals similar to those discussed above for SQGs (see Section 6.2) for MHSW and SQE wastes.
• MHSW depots accepting larger than SQE quantities of wastes from the IC&I sector should keep adequate records to demonstrate compliance with LDR requirements (e.g., source and quantity of each waste received and packaged).

MHSW depot operators should also check with their waste management service provider to determine if any additional company-specific requirements are applicable.

Figure 6.3 - Sample Certificate for MHSW

Download Sample Certificate for MHSW

7.0 Waste analysis plans

7.1 What is the purpose of this section?

Section 7 describes the need for, and basic requirements of a waste analysis plan. This section only addresses the specific waste analysis requirements unique to the LDR program. General waste characterization requirements are discussed in the Registration Manual.

7.2 What is a waste analysis plan?

Waste analysis involves identifying or verifying the chemical and physical characteristics of a waste and verifying land disposal treatment requirements, by performing a detailed chemical and physical analysis of a representative sample of the waste or, in certain cases, by applying acceptable knowledge of the waste (acceptable knowledge includes process knowledge).

A waste analysis plan documents the procedures used to obtain representative samples of waste and to conduct regular and detailed chemical and physical analysis of these representative samples (see Section 7.4 of the LDR Handbook).

The waste analysis plan should include sufficient sampling and analysis requirements for the processor to demonstrate that the waste treatment process meets the land disposal treatment requirements. It is the responsibility of the processor to ensure that the results of analysis conducted in accordance with the plan verify the adequacy of the treatment process. These results should provide the processor with the means to assess the performance of the treatment system on an on-going basis, to assure continued conformance with the land disposal treatment requirements.

7.3 Who needs to develop a waste analysis plan?

Under Section 85 of Regulation 347, a written plan (waste analysis plan) must be developed, maintained and implemented by:

• Generators who conduct on-site treatment of wastes for the purpose of land disposal, including on-site treatment that does not require a C of A (e.g., on-site processing to remove a characteristic of hazardous waste).
• Waste disposal sites that treat wastes that are destined for land disposal.

Table 7.1 provides additional guidance on who requires a waste analysis plan.

A generator who is required to develop a waste analysis plan must keep a copy of the plan at the waste generation facility during the active period of on-site treatment and for at least two years after any treatment ceases.

A waste disposal site operator who is required to develop a waste analysis plan must keep a copy of the plan at the waste disposal site during the active period of on-site treatment, and for at least two years after the treatment ceases and in accordance with the site C of A.

7.4 What should be included in a waste analysis plan?

Section 85 of Regulation 347 requires a written waste analysis plan for the regular and detailed chemical and physical testing of representative samples, including:

• Requirements to ensure that the testing will provide all information necessary to treat the waste in accordance with land disposal treatment requirements, and,
• The frequency with which testing will be conducted.

Regulation 347 is non-prescriptive and allows the waste processor to develop and implement a waste analysis plan that meets these basic content requirements. Note that a treatment facility (processing site) may have conditions within the C of A regarding the preparation and contents of a waste analysis plan that would have to be met.

Table 7.2 provides guidance on recommended contents for a waste analysis plan. As a minimum, the waste analysis plan should allow for the demonstration of conformance to LDR program requirements, including demonstration of compliance with land disposal treatment requirements.

It is the responsibility of the waste processor to ensure that the waste sampling and analytical procedures outlined in the waste analysis plan are sufficient to demonstrate and verify that compliance with the land disposal treatment requirements is being achieved on an on-going basis. The land disposal treatment requirements are based on analysis of composite samples for aqueous wastes and grab samples for non- aqueous wastes. The Ministry will use this approach for abatement and compliance purposes. The processor should be aware of the potential for non-homogeneity within the treated waste stream, since the evaluation of compliance may be based on analysis of grab samples (non-aqueous wastes). The procedures outlined in the waste analysis plan should permit the processor to identify any potential process issues in a timely manner, to ensure continued compliance with land disposal treatment requirements.

7.5 What should you characterize with your waste analysis plan?

Waste analysis plans should be sufficient to identify:

• The nature and characteristics of the waste generated (for waste characterization purposes);
• Regulated constituents in the waste (and, in some cases, pre-treatment concentration levels);
• Concentration of regulated constituents in treated waste (where concentration-based treatment standards are prescribed)

You can meet general and specific waste analysis requirements using several methods or combinations of methods. Wherever feasible, the preferred method is to conduct sampling and laboratory analysis because it is more accurate and defensible than other options. However, waste analysis requirements can be determined by applying process knowledge to meet all or part of the waste analysis requirements. Any F, K, P, or U listed waste has already been designated as hazardous in Regulation 347. Therefore, with many listed wastes the application of process knowledge is appropriate because the physical/chemical makeup of the waste is generally well known and consistent from facility to facility.

Process knowledge may also be required when the physical nature of the waste does not lend itself to sampling. For example, to conduct waste analysis of surface-contaminated construction debris, such as steel girders, piping and linoleum, it may be necessary to use a combination of laboratory analysis and process knowledge. The process knowledge would be applied to identifying the composition of the base construction materials (e.g., steel). Laboratory analysis of surface "wipe" samples could then be used to determine the representative concentrations of any contaminants present. If the base materials are porous, such as gypsum, the contamination could be determined by conducting analysis on the extracts obtained from a solvent wash.

Land disposal treatment requirements are expressed in two ways: as constituent concentrations in the waste (either an extract of the waste as determined by the TCLP, or in the total volume of the waste) or as specified treatment technologies. Wastes with numerical treatment standards must be evaluated to determine if applicable constituent concentration levels have been attained. For wastes with treatment standards expressed as treatment technologies, and for hazardous debris treated to meet the alternate debris treatment standards, verification through analysis is not usually necessary (see Tables 7.3 and 7.4 for exceptions). Instead, compliance with land disposal treatment requirements should be documented in the facility operating record to verify that the appropriate treatment technologies have been employed prior to land disposal.

7.6 What records do you need to keep?

A record of the result of every test conducted in accordance with the plan must be made and kept for at least two years. A generator or waste disposal site operator who is required to develop a waste analysis plan must also keep a copy of the plan at the generator site or waste disposal site, as applicable, during the active period of on-site treatment and for at least two years after the treatment ceases.

¹ Concentration requirements for aqueous wastes are based on analysis of composite samples, as specified by Regulation 347

² Concentration requirements for non-aqueous wastes are based on analysis of grab samples, as specified by Regulation 347

¹ Concentration requirements for aqueous wastes are based on analysis of composite samples, as specified by Regulation 347

² Concentration requirements for non-aqueous wastes are based on analysis of grab samples, as specified by Regulation 347

¹ Concentration requirements for aqueous wastes are based on analysis of composite samples, as specified by Regulation 347

² Concentration requirements for non-aqueous wastes are based on analysis of grab samples, as specified by Regulation 347

³ Analytical testing may be required to determine regulated constituents 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.

⁴ Conformance to the land disposal treatment requirements is assessed using the numerical limits in Column 4 of Schedule 6, except for metals, carbon disulfide, cyclohexanone or methanol if the soil or soil mixture is treated using a metals removal technology. For these regulated constituents, compliance is assessed using total constituent analyses (mg/kg).

⁵ Assessment is required to determine if there are any constituents which restrict the use of a treatment method (e.g., thermal desorption is restricted for metal contaminants other than mercury, presence of cyanide) or to determine whether dioxin-characteristic waste is present which may require a Certificate of Approval for certain treatment methods.

⁶ Verification of removal of at least 0.6 cm and determination of "clean debris surface" required. "Clean debris surface" means that the surface, when viewed without magnification, must be free of all visible contaminated soil and hazardous waste, except that residual staining from soil and waste that consists of light shadows, slight streaks or minor discolorations may be present, and soil and waste in cracks, crevices or pits may be present, if the residual staining or the waste and soil in cracks, crevices or pits is limited to not more than 5% of each square inch of surface area.

⁽¹⁾ Total Organic Carbon can often be used as an indicator parameter for many organic constituents that cannot be directly analyzed in aqueous waste residues.

⁽²⁾ Total Organic Halogen can often be used as an indicator parameter for the reduction of many halogenated organic constituents that cannot be directly analyzed in aqueous waste residues.

8.0 Notification, reporting and record-keeping

8.1 What is the purpose of this section?

Section 8 discusses LDR program notification, reporting and record-keeping requirements. This section will assist you in identifying records and documents that must be prepared, submitted and kept at your facility.

8.2 What are the general notification, reporting and record-keeping requirements?

Generators and operators of treatment facilities that manage waste subject to the land disposal treatment requirements must comply with notification, reporting and record-keeping requirements included in the following sections of Regulation 347:

• Section 18 – Generator registration and record-keeping requirements;
• Section 84 – Notification requirements for generators and processors. This section outlines the information that must be transferred from generator to receiver about wastes that are subject to LDR that will ensure the receiver is aware of the nature of the waste and if treatment is needed.
• Section 85 – Waste analysis plan requirements for processors. These plans are required to ensure that sufficient chemical analysis is conducted to demonstrate that wastes have been treated to meet LDR requirements.

Through these sections, the appropriate information about the nature of wastes affected by the LDR requirements is recorded and transferred to receivers, to ensure appropriate treatment and to facilitate Ministry abatement activities.

8.3 What are the generator registration requirements?

8.3.1 What notification information is required to comply with the LDR program?

Under Section 18 of Regulation 347, all waste generators must determine whether the wastes they produce, collect, handle or store need to be registered as a subject waste. This involves the characterization of all waste streams and the annual submission of a GRR. Adequate documentation of this determination must be maintained in the generator’s files.

Under Section 84 of Regulation 347 the generator must determine if additional information is required for LDR purposes and whether the receiver needs to be notified of the additional information. To facilitate the notification process, the Ministry has included an LDR Notification Form (Part 2B) as part of the GRR that contains information that must be transferred to the receiver to meet the notification requirements. Part 2A of the GRR includes a questionnaire that when completed for each waste stream, determines if Part 2B needs to be completed.

Generators of hazardous wastes identified in Schedules 10 through 13 of Regulation 347 were required to update their GRR and if required, complete the LDR Notification Form as of August 31, 2007, when the land disposal treatment requirements for those wastes took effect. In 2009 onward, all generators are required to update their GRR and if required, complete the LDR Notification Form as part of generator registration for each hazardous waste stream registered. A LDR Notification Form is not required if the waste is disposed of on-site.

The following requirements apply when completing a GRR and the associated LDR Notification Form:

• Hazardous waste generators are responsible for identifying all applicable hazardous waste numbers for listed wastes and characteristic wastes in each waste stream. In some cases, hazardous waste numbers may have sub-categories with different standards; the generator is required to identify the correct sub-category for that hazardous waste number in the LDR Notification Form.

  Reference: See Section 3 of the LDR Handbook for information on determining applicable hazardous waste numbers.

  If a listed waste also exhibits a characteristic, all hazardous waste numbers must be identified in the LDR Notification Form, unless the treatment requirement for the listed waste contains the constituent that caused the waste to be defined as characteristic.

  Example: Oven residue from the production of chrome oxide green pigments is listed as a K008 waste. This waste is therefore classified as a listed Hazardous Industrial Waste. The waste was assessed as being leachate toxic for chromium (total) (i.e., D007 waste) and lead (i.e., D008 waste) but was found not to be leachate toxic or to exhibit other characteristic properties. As column 3 of Schedule 1 of Regulation 347 includes both chromium (total) and lead as regulated constituents, the waste need only be registered as a K008 waste. If the waste were also found to be leachate toxic for arsenic, the registration would need to include D004 as a secondary characteristic.

• If the treatment requirements are numerical standards for a listed waste, the generator is required to identify all regulated constituents that are at or above the numerical standards in the LDR Notification Form. If the treatment requirements are treatment technologies for a listed waste, the generator is required to identify in the LDR Notification Form, all the regulated constituents for the list waste.

  Attention: If a listed waste is treated on-site to meet a treatment requirement and is being shipped off-site for additional treatment before land disposal, the LDR Notification Form must include all regulated constituents at or above the treatment requirement at the point of generation.

• For characteristic waste, the generator must identify in the LDR Notification Form, the constituent(s) that caused the waste to be characteristic as well as any other regulated constituents that may be present at concentrations at or above the numerical standard in Schedule 6 of Regulation 347 at the point of generation.

If you obtain a variance to a land disposal treatment requirement, you will need to document the exemption on the LDR Notification Form.

8.3.2 Do you need to update generator registration information?

If there is any change from the information submitted in the most recent GRR, you must submit a supplementary GRR to the Director within 15 days after the change. This also applies to information associated with the LDR Notification Form. Updates can be completed online through HWIN or through paper forms.

8.4 What are the LDR notification requirements?

8.4.1 What are the notification requirements when transferring LDR wastes?

A generator must provide notice to the facility that is receiving a waste affected by the LDR program requirements. This facility could be a transfer station, the facility where the waste is being treated, or the disposal facility. If the waste is sent through a transfer station, the transfer station becomes the generator and is required to register and forward the information in the LDR Notification Form to the next receiving facility. If the waste is processed in any way at a facility, this treatment must be identified in the LDR Notification Form provided by the processor to the next receiver. In this way, the information about the waste follows the waste from the waste generation facility through intermediate facilities to the final receiver.

The notice to a receiver must include the following information:

• Most recent information in the GRR submitted by the generator, including all hazardous waste numbers applicable to the waste stream, a list of the regulated constituents and confirmation of the treatment status (i.e., has not been treated, needs treatment); and,
• Any other information in subsequent supplementary GRRs submitted by the generator.

Generators must send written notification to receivers of any waste subject to the LDR notification and land disposal treatment requirements, regardless of whether the waste has been treated or not. The purpose of the notification is to inform the receiver about the required treatment for the waste or whether the waste has been partially or fully treated to meet the land disposal treatment requirements. When registering a hazardous waste stream, either through the GRR paper form or on-line through HWIN, the generator needs to complete a questionnaire, which determines if the waste being registered is subject to the LDR requirements. Completing the questionnaire for each hazardous waste stream determines if the LDR Notification Form is needed.

Special case for characteristic waste:

There is a distinction in notification requirements for characteristic wastes that have been treated and that no longer exhibit a characteristic of hazardous waste, depending on whether the concentration of all regulated constituents meets the numerical standard in Schedule 6 of Regulation 347. These wastes that are treated so that they are no longer hazardous wastes remain a subject waste until the concentration of all regulated constituents meets the Schedule 6 standards.

Case 1 - schedule 6 standards not met:

The waste is still subject waste and not acceptable for land disposal without further treatment. The generator must provide the information in the LDR Notification Form to the receiver of these wastes.

Case 2 - schedule 6 standards met:

The generator must provide notification; however, notification may take the form of a simple statement that "the waste was a characteristic waste and the waste can be land disposed under S. 79 of Regulation 347," or an LDR Notification Form can be used.

8.4.2 When are the notification requirements applicable?

Section 84 notification requirements to waste receivers take effect as soon as the land disposal treatment requirements apply to that waste (e.g., based on the phase-in dates for the land disposal treatment requirements).

8.4.3 When should a notification be provided?

Notices are required for the first transfer to the receiving facility of each type of characteristic waste or listed waste that is identified in the most recent annual GRR. The generator must provide the information contained in the LDR Notification Form to the receiver before or at the first time the waste is received at the receiving facility.

8.4.4 Do you need to update notification information?

The notification to receivers is a one-time requirement; however if the physical or chemical properties of the waste change, the generator must notify the receiver of the change by providing the updated information to the receiver before or at the first time the waste is received at the receiving facility. When a waste generation facility updates the information in their notification, the receiver of that waste may also need to update their notification to the next receiver.

8.4.5 How do you provide notification to receivers?

Generators may provide a notice to a receiver by e-mail, at a specific Internet address where the information can be found, or by fax, mail, personal delivery or other form of delivery.

Generators may also provide this notice to a carrier with instructions to deliver the notice to the receiver when the waste is delivered.

8.4.6 Are notification requirements different for debris and soil treated by alternate standards?

No. Notification requirements for hazardous soil or hazardous debris treated in accordance with alternate treatment standards prescribed by Regulation 347 are subject to the same notification requirements as other wastes subject to land disposal treatment requirements.

8.4.7 Do SQGs need to provide notification?

Yes. Notification to the receiver is provided through a certificate that is placed on the outside of the sealed container that will be disposed. SQGs that produce less than 100 kg of hazardous waste in any month are not subject to the notification requirements identified in Section 8.4.1. of the LDR Handbook if the wastes are disposed of in accordance with the requirements in Section 80 for SQGs.

8.4.8 Do MHSW depots need to provide notification?

MHSW depots may need to provide notification, depending on the sources, types and quantities of wastes received. Notification requirements are summarized in Table 8.1. Generally the wastes that are identified in Section 81 of Regulation 347 do not need a notification.

8.5 What records do you need to keep under the LDR program?

LDR program records specifically required by regulation are identified in Table 8.2. Additional LDR program records may be required under a C of A or by a Director’s letter of equivalent treatment. Other provisions of Regulation 347 (e.g., Section 17.2, records of waste storage), may require additional records to be kept.

¹ Site from which waste is transferred. This includes the original generator and any waste treatment facilities that transfer wastes off-site.

² Processing site is a site where waste is treated. This includes generators who treat waste.

³ Record must include copy of notice and a record of when and to whom the notice was provided. If the generator uses the HWIN or alternate electronic system to notify a receiver, a hard copy of the above information must be maintained at the waste generation facility.

⁴ This provision also applies to noticesfor fully treated characteristic wastes that can be land disposed.

⁵ Two years commences after the waste ceases to be produced.

⁶ These are minimums only. You must retains records for a sufficient period of time to be able to demonstrate that you meet requirements while the waste is being generated (i.e., if the waste analysis is 10 years old and it has not changed, this information must be retained in order to demonstrate that information provided in the GRR is correct.)

⁷ You should be able to demonstrate thatnotification has been provided. This may require retention for a period in excess of two years.

9.0 Variances

9.1 What is the purpose of this section?

Section 9 describes the variances from land disposal treatment requirements available under the LDR program that may apply to the waste you are managing and what you need to do to request the variance. The LDR program includes a phase-in schedule for the treatment requirements and three mechanisms (see Section 9.3 of LDR Handbook) that could allow for variances from the application of land disposal treatment requirements and other LDR requirements.

9.2 Why would variances be allowed?

The Ministry recognizes that there may be specific situations that could prevent treatment of a waste to the land disposal treatment requirements. These may include capacity constraints within the waste management industry as well as special circumstances where meeting the specified land disposal treatment requirements for a listed waste or characteristic waste may not be possible.

To accommodate these situations, the phase-in schedule, referred to as a capacity variance, for the land disposal treatment requirements applies to all generators. The LDR program also provides the ability for a generator to request a variance to a specific land disposal treatment requirement. Depending on the situation, a variance to a specific land disposal treatment requirement could be obtained through a Director’s letter of equivalent treatment, through a certificate of approval issued on a case-by-case basis, or through a future amendment to the regulation, if warranted.

9.3 What types of variances are available?

When the LDR program was introduced in 2005, the Ministry recognized that adequate treatment capacity might not be readily available for all types of listed waste or characteristic waste. Phase-in dates or a capacity variance for the land disposal treatment requirements were therefore included in Regulation 347 to provide time for the regulated community to prepare for the new requirements and allow the waste management industry time to respond to Ontario’s demand for treatment capacity. These dates apply to all generators of listed wastes or characteristic wastes that are to be land disposed. Generators do not have to submit a request for the phase-in dates to apply to their wastes.

There are three mechanisms to obtain a variance under the LDR program: case-by-case extensions to effective dates; treatability variances; and, equivalent method treatment variance. Table 9.1 summarizes the requirements for applying for (if required), and operating under, an LDR program variance.

9.3.1 What is a case-by-case extension to an effective date?

Due to the integrated nature of the hazardous waste management industry in North America, business conditions typically determine the locations, both in the U.S. and in Canada, where hazardous wastes are treated or disposed. In some cases, Ontario may not have facilities capable of treating or disposing of certain types of listed waste or characteristic waste to meet the land disposal treatment requirements, although a company could be in the process of meeting this demand for treatment at the time the land disposal treatment requirements are phased in.

Under certain circumstances the Ministry may consider the application of alternative requirements for a limited time period following the phase-in date of the treatment requirement for a specific waste stream, waste generation facility, or treatment facility, to allow additional time for the treatment capability to be completed. For example, an extension to an effective date may be sought if a treatment facility was under construction but not available at the time the treatment standard takes effect. If a case-by-case extension to an effective date were approved, alternative standards and other conditions or requirements would be applied on a temporary basis.

This variance would typically be considered and implemented on a case-by-case basis through a C of A for a waste generation, treatment, or disposal facility. If warranted, the Ministry could recommend to the government that a case-by-case extension be implemented through a regulatory amendment if, for example, it is applicable to a variety of wastes or generators. The Ministry would determine which approach would be appropriate for seeking a variance to extend an effective date.

9.3.2 What is a treatability variance?

Treatability variances may be sought for wastes that have land disposal treatment requirements that are based on treatment codes or on a numerical standard. This variance would typically deal with wastes that are significantly different than the waste used to set the land disposal treatment requirements (e.g., unique wastes, remediation wastes or wastes that otherwise are different in physical or chemical properties). A treatability variance does not exempt the waste from treatment, but rather establishes an alternate treatment standard.

A treatability variance may be considered in situations where the treatment standard is unachievable or inappropriate for a specific waste. In these situations, the Ministry may consider a variance from a land disposal treatment requirement for a specific waste stream. This variance would typically be implemented on a case-by-case basis through a C of A for a waste generation facility or for a treatment or disposal facility on behalf of the generator.

In some cases, the Ministry may determine that a generic treatability variance may be more appropriately implemented through a regulatory amendment. In this case, government approval would be required to amend the regulation. In these situations the proponent would need to demonstrate that another technology could be used or that the standard is not attainable with available technologies. A generic treatability variance can result in the establishment of a new treatability group and a corresponding land disposal treatment requirement that applies to all wastes that meet the criteria of the new waste treatability group. For example, generic treatability variances have already been included in Regulation 347 for hazardous soils and hazardous debris.

9.3.3 What is an equivalent treatment method variance?

The LDR program includes provisions for seeking a variance from a land disposal treatment requirement when the treatment requirement is a specific technology, providing flexibility for generators to consider alternate treatment technologies. This variance provides companies with the ability to ask the Ministry if they can use another type of technology, provided that the other technology provides an equivalent level of treatment to the technology listed in Regulation 347. An equivalent treatment method variance does not exempt the waste from treatment, but rather establishes an alternate but equivalent treatment requirement.

Provisions in Regulation 347 for this type of variance allow the Director of the Waste Management Policy Branch to approve in writing an equivalent level of treatment to a specific technology-based treatment requirement.

9.4 How do you apply for a variance?

As noted above, variances could be granted through a C of A, a regulatory amendment or a Director’s letter of equivalent treatment. If you are considering submitting a request for a variance, it is advisable to initiate preliminary discussions with the Ministry prior to submitting a variance request. This provides the proponent with the opportunity to discuss the scope of the request with the Ministry. This also allows for a discussion about the information required and which approval mechanism may be most appropriate.

The Ministry will require certain information (see Tables 9.2 and 9.3) in support of any application and will advise the proponent of these and any other requirements that may be needed to assess the request.

The proponent should submit the variance request, which at a minimum includes the information outlined in Tables 9.2 and 9.3, to the Ministry. The Ministry will initiate a review to evaluate the merit of the request and to determine by which mechanism it would best be implemented, if warranted. If a request for a variance warrants consideration, the Ministry will advise the proponent whether any additional information is needed and how the request will proceed (e.g., through a C of A, regulatory amendment).

9.5 How will the ministry process a request for variance?

If it is determined that a variance could be implemented through a C of A, the proponent will be advised to submit an application for a C of Assessment and Approvals Branch’s Guide for Applying for Approval of Waste Disposal Sites (November 1999) for additional requirements. The review process will follow the established approvals process, including: pre-application consultation; screening of applications for approval; technical review of applications for approval; mandatory hearing or discretionary hearing (if required); and issuance of approval. Questions regarding the completion and submission of a C of A application should be directed to the Environmental Assessment and Approvals Branch, or to your local District Office of the Ministry.

If it is determined that a variance could be implemented through a regulatory amendment, the Ministry would need government approval to amend the regulation. Obtaining a regulatory amendment is a comprehensive government process and may therefore be more applicable in situations where the variance would apply to a variety of wastes or generators. Additional information may be requested from the proponent in addition to the information provided in the initial request for a variance. Regulatory proposals will be posted on the Environmental Registry for public comment, as will the final decision on the regulatory amendment.

If an equivalent treatment method variance is being sought, the Ministry will provide an opportunity for public comment before making a decision on the request, by posting an Environmental Registry Notice of the proponent’s proposal to obtain the variance. If the request is approved, the Ministry will issue a Director’s letter of equivalent treatment to the proponent, and the Ministry’s final decision on the application will be posted on the Environmental Registry.

Table 9.2 - Recommended information for a request for case-by-case extension to an effective date

Recommended documentation for case-by-case extension to an effective date variance

• Name, address, and generator registration number of the waste generator, including the name and phone number of the plant contact and a statement of interest in obtaining a case-by-case extension to an effective date variance.
• Waste description, including the hazardous waste number(s) and specific land disposal treatment requirement(s) from which a variance is requested.
• Estimates of the average and maximum monthly and annual quantities of waste.
• Documentation that good faith effort has been made to locate adequate treatment capacity (and no such capacity is available).
• Documentation that you have entered into a binding contract to construct or otherwise provide adequate capacity.
• Documentation demonstrating that alternate treatment capacity cannot be made available by the prohibition’s effective date due to circumstances beyond its control.
• Documentation that the capacity being contracted for is sufficient to manage the entire quantity of waste subject to the application.
• Detailed schedule outlining how and when alternate capacity will be available.
• Documentation that you have arranged for adequate capacity to manage the waste during the extension and documented all sites at which the waste will be managed during the extension.
• Detailed information about how the waste will be managed during the period the variance is in effect.
• A certification that all of the information submitted in the request is accurate.

Table 9.3 - recommended information for a request for treatability variance or equivalent treatment method variance

Recommended documentation for treatability variance & equivalent treatment method variance

• Name, address, and generator registration number of the waste generator, including the name and phone number of the plant contact and a statement of interest in obtaining a variance, including type of variance requested.
• Waste description, including the hazardous waste number(s) and specific land disposal treatment requirement(s) from which a variance is requested and the technology upon which that requirement is based. (If the waste stream is represented by more than one hazardous waste number, the waste must meet the land disposal treatment requirement for all applicable hazardous waste numbers. If the land disposal treatment requirements overlap for any hazardous constituents (i.e., if two applicable hazardous waste numbers have a different land disposal treatment requirement for the same hazardous constituents), the more stringent requirement applies.)
• Description of the process(es) and feed materials involved in the generation of the waste, the estimated waste generation rate and the potential variability in the waste generation process and subsequent variations in the waste characteristics.
• Explanation of the technology upon which regulated land disposal treatment requirement is based and why the requirement is not achievable or why it is based on inappropriate technology for treating the waste.
• Description of the proposed system to treat the waste (e.g., process design, physical equipment, chemical reagents, control systems, design criteria, and operating conditions).
• Investigation and reporting on pre-treatment steps that could improve the effectiveness of treatment.
• Characterization (including sample results) of the waste and treatment residuals, including concentrations of appropriate regulated constituents.
• Description of any other treatment systems investigated (if any), the treatment system believed to be appropriate for the waste and the concentrations in the treatment residue (or TCLP extract of the treatment residue) that can be achieved by using the preferred treatment technique.
• Descriptions of all sampling, sample handling, sample preparation, and test methods used to obtain data indicating that the treatment requirements are not achievable (sampling and testing dates must also be submitted).
• A certification that all of the information submitted in the request is accurate.

9.6 What criteria are considered in assessing applications for variances?

In evaluating alternate treatment technologies, the Ministry will consider whether the treatment is protective of human health and the environment and whether the technology provides substantial treatment. Specific considerations include:

• The technology must be demonstrated (i.e., must be used in a full-scale operation). Where the Ministry does not identify any facilities treating specific wastes from a particular group, it may transfer a finding of demonstrated treatment by comparing the parameters that affect treatment of the target waste group to parameters for other waste groups for which demonstrated treatment is known.

  Summary: The technology must be in full-scale operation.

• The technology must be available. Available is defined as follows:
  • The technology is commercially available.
  • The technology provides substantial treatment, which means it substantially diminishes the toxicity of a waste or substantially diminishes the likelihood of migration of hazardous constituents from the waste. Substantial will be judged on a case-by-case basis.

  Summary: The technology must be commercially available.

• The technology must be "best" based on effectiveness of treatment. Economic factors are not considered. When more than one technology is identified as demonstrated and available, the treatment data from the technologies are statistically compared (i.e., Analysis of Variance) to determine if the technologies provide statistically different levels of treatment and, if so, which technology is "best."

  Summary: The technology must be "best" based on effectiveness of treatment.

10.0 Case studies

10.1 What is the purpose of this section?

Section 10 provides four case studies that illustrate how to interpret and apply the LDR program to listed wastes or characteristic wastes.

10.2 Case Study 1 – Listed solvent with characteristic waste properties

Background:

Glassco Ltd. (Glassco) produces ornamental glass parts. One product line uses a ceramic paint containing a cadmium-based pigment in the screen printing process. Based on process knowledge, it is known that all organics in this paint are driven off in the curing process. Off-spec mirrors are soaked in a flammable (flash point less than 61° Celsius) solvent blend, to strip away the paint and allow reapplication of mirror backing. Based on the manufacturer’s Material Safety Data Sheet (MSDS), the active ingredient in the cleaning solvent is dichloromethane (methylene chloride), at a concentration of 15 per cent. Co-solvents include methyl ethyl ketone (MEK) (15 per cent) and ethanol (40 per cent). Approximately 400 kg/month of spent soaking solution (solvent blend) is generated. Due to the cadmium content of the spent solution, Glassco has been unable to find a recycler willing to handle this material and must send this waste stream for land disposal.

Waste classification:

Glassco has reviewed the Schedules in Regulation 347 and has determined that the solvent blend meets the definition of an F002 listed waste due to the presence of greater than 10 per cent of methylene chloride and MEK in the solvent blend prior to use.

Further, Glassco has tested the spent solvent and determined that the solvent is leachate toxic for methylene chloride, methyl ethyl ketone and cadmium. Based on process knowledge, the spent solvent was also classified as an ignitable waste. This determination was based on the original solvent being a liquid that met the definition of an ignitable liquid waste in Regulation 347.

Glassco registered the spent solvent as a 241H waste with a primary characterization of hazardous industrial waste (Hazardous Waste Number F002), with a secondary characterization of ignitability (Hazardous Waste Number D001) and a tertiary characterization of leachate toxicity for cadmium (Hazardous Waste Number D006). The registration of this waste does not need to include the characterization of leachate toxicity for methylene chloride or MEK since these regulated constituents are included under the primary hazardous waste characterization (hazardous waste number F002).

Treatment requirements:

Based on the total organic carbon (TOC) content (>10 per cent) of the waste solvent stream, Glassco determined that the waste was a non-aqueous waste and was required to meet the non-aqueous treatment requirements prior to land disposal.

Glassco referred to Schedule 1 of Regulation 347 for the land disposal treatment requirements for an F002 listed waste. Since it was determined that while the ignitability of the spent solvent was in part attributable to the presence of MEK, the ethanol present also contributed to the ignitability of the waste. As a result, the waste must meet land disposal treatment requirements for both the F002 listed waste as well as its ignitability characterization (D001). Furthermore, since cadmium is not identified in the F002 listing, the treatment requirement for leachate toxicity for cadmium (D006) must also be met. Therefore, Glassco also referred to Schedule 5 of Regulation 347 for land disposal treatment requirements for the characterizations of ignitability and leachate toxicity for cadmium.

Glassco noted that the land disposal treatment requirements for an F002 waste are number-based, while the land disposal treatment requirements for a D001 high TOC waste are technology-based (recovery of organics, combustion, or polymerization). In reviewing land disposal treatment requirements for D006 cadmium toxicity in Schedule 5, Glassco noted that there were three treatment sub-categories for cadmium toxicity, and determined that Treatment Sub-category 1 was most applicable. This land disposal treatment requirement requires the waste to be treated to meet a cadmium leachate toxicity of 0.11 mg/L in the Toxicity Characteristic Leaching Procedure (TCLP) extract, and the treated waste stream to meet the Universal Treatment Standards (UTS) in Schedule 6 of Regulation 347. In reviewing Schedule 6, it was determined that no additional regulated constituents were present in the waste above the Schedule 6 treatment requirements.

Treatment and disposal plan:

Option 1

Glassco chooses to use recovery of organics (RORGS) as the preferred technology, based on the treatment standard for the D001 characteristic. In dealing with ignitability, the RORGS also addressed the regulated constituents in the F002 listing (i.e., MEK and methylene chloride). Following this treatment, the waste needed to be treated for the cadmium characteristic (D006). This was achieved through stabilization technology, and the treated waste was subsequently sent to a hazardous waste landfill, since the original waste was a listed waste and maintained its hazardous characterization.

Glassco completed the LDR Notification Form of the GRR and sent this information to the processor of the waste as the waste was shipped directly from the company to this receiver. If the waste was sent through a transfer station and then to the processor, Glassco would have sent the LDR Notification Form to the transfer station, which would have registered the waste and then transferred the information to the processor.

Option 2

Glassco decided to contract to have the waste solvent incinerated, followed by encapsulation of the ash. Incineration was chosen to meet the technology-based treatment requirement for a D001 waste. Incineration also allowed the waste to meet the numeric-based treatment requirement for methylene chloride and methyl ethyl ketone, due to destruction of these compounds in the incineration process.

Following incineration, the ash would be encapsulated and therefore meet the TCLP numeric-standard for cadmium. As the incinerator ash is derived from a listed waste (F002 waste), the treated residual must be disposed of in an approved hazardous waste landfill.

Since Glassco determined that the waste would be sent off-site for incineration, the company was not required to complete an LDR Notification Form as part of the waste generator registration process or to notify the receiver. However, since the receiver needs to characterize the ash and comply with the land disposal treatment requirements, it requested information on the waste, which made them aware of the need to test for cadmium in the incinerator ash.

10.3 Case study 2 – waste wipers contaminated with a listed waste

Background:

Custom Car Painters Inc. (CCP) generates waste wipers from solvent washing of vehicles prior to painting. CCP uses only one solvent, this being a xylene blend, with 20-40 per cent xylene, based on the manufacturer’s MSDS. When wipers are too dirty or too worn to be laundered for reuse, they are disposed. Approximately 20 kg/month of spent wipers are generated, with these wipers allowed to air dry before disposal.

Waste classification:

CCP has reviewed the Schedules in Regulation 347 and determined that the solvent blend meets the definition of an F003 listed waste due to the presence of greater than 10 per cent xylene. Because of the "mixture rule," CCP determined that it must manage the contaminated wipers as a hazardous waste due to the presence of a listed waste.

Further, CCP determined that dry wipers do not exhibit the characterization of ignitability (as is typical for dried wipers). Based on process knowledge, spent wipers were not anticipated to be reactive, corrosive or leachate toxic.

CCP registered the waste wipers as a 211H waste with a primary characterization of hazardous industrial waste (Hazardous Waste Number F003).

Treatment requirements:

While the total quantity of waste wipers generated is only 20 kg/month, CCP generates a total of 500 kg/month of hazardous industrial wastes and characteristic wastes. Since the total quantity of hazardous waste generated by CCP is greater than the criterion of 100 kg/month to qualify as a Small Quantity Generator (SQG), CCP must meet the requirements of the LDR program with respect to these waste wipers.

CCP must refer to Schedule 1 of Regulation 347 for the land disposal treatment requirements for the waste wipers. In reviewing treatment requirements for an F003 waste, CCP noted that there were two treatment sub-categories, and it was determined that Treatment Sub-category 1 was applicable. Treatment Sub-category 1 references treatment requirements as being the same as for F001 wastes, which lists numeric treatment standards for 30 regulated constituents. CCP determined that the waste wipers were a non-aqueous waste, since the waste’s total organic carbon content was greater than one per cent. Using the material safety data sheet and knowledge of the waste, CCP determined that of these 30 constituents, only one—xylene—was present. CCP suspected that the xylene was largely evaporated when the wipers were air dried and elected to test a representative sample of wipers to determine whether the levels of xylene were higher than the non-aqueous waste treatment standards of 30 mg/kg listed in Schedule 1. This testing determined that the concentration of xylene was below this limit.

Treatment and disposal plan:

As the waste wipers are classified as a hazardous waste under the mixture rule, waste wipers must be disposed in a hazardous waste landfill. However, as the concentration of xylene is below the treatment standard in Schedule 1, the wipers did not require treatment prior to disposal.

CCP completed the LDR Notification Form of the GRR as part of the waste registration process, indicating that the waste met the land disposal treatment requirements and that no processing was required. The LDR Notification Form was provided to the waste receiver prior to the first shipment of the waste.

10.4 Case study 3 – cyanide plating waste

Background:

Cyanide Platers Inc. (CPI) operates an electroplating operation. Spent plating solution is generated on an ongoing basis. Nickel, chromium, cadmium and cyanide are found in the plating solution.

Waste classification:

CPI has reviewed the Schedules in Regulation 347 and has determined that the spent plating solution is an F007 hazardous industrial waste by definition. CPI determined that the plating solution should be registered as a 131H waste with a primary characterization of hazardous industrial waste (hazardous waste number F007).

Treatment requirements:

Land disposal treatment requirements for spent plating bath solutions are numeric based and require treatment for cadmium, total chromium, total and amenable cyanides, lead, nickel and silver. The concentrations of lead and silver are below the treatment standards in the waste stream. The spent plating solution contains less than one per cent total organic carbon and less than one per cent total suspended solids, and is therefore classified as an aqueous waste.

Treatment and disposal plan:

Given the volume of spent plating solution generated, CPI has elected to install a treatment system to reduce the volume of waste sent off-site for disposal. The treatment system consists of pH adjustment to a range of 6.5 to 8 followed by reverse osmosis treatment. Permeate is either reused or discharged through the sewer to a municipal wastewater treatment plant. Reject water is treated in a reaction tank with lime for pH adjustment and metals precipitation and with hydrogen peroxide for cyanide destruction. Generated metal sludge is drawn off the reaction tank and solidified in a filter press. The treated liquid stream from the process is returned to the spent plating solution holding tank.

Based on testing of the treated reverse osmosis reject water and metal sludge, CPI confirmed that the concentration of cyanides has been reduced in both the reject water and solid residual (metal sludge) and is below the land disposal treatment requirements in Schedule 1 of Regulation 347. Accordingly, the regulated constituents that still need treatment are cadmium, nickel and chromium. CPI has process knowledge that these metals are present in the metal sludge in the per cent range. To meet the land disposal treatment requirements, CPI has elected to send the metal sludge off-site for stabilization using cement prior to disposal in a hazardous waste landfill.

Since the plating solution generated by CPI is a listed waste, the derived-from rule applies and the waste and any treatment residual retain their characterization as a listed waste even following treatment. And since a portion of the treated waste will be land disposed, CPI must, as a processor of the waste, develop and follow a waste analysis plan.

In this example, CPI generates three waste streams that must be registered according to how each waste stream will be managed. The spent plating solution must be registered under on-site processing, the permeate water discharged to the sewer must be registered under on-site disposal, and the metal sludge must be registered as an off-site waste shipment. CPI must complete the LDR Notification Form of the GRR only for the waste that will be shipped off-site for land disposal (i.e., the metal sludge) and provide this information to the receiver on or prior to the first shipment of the waste.

Each waste stream should be registered as an F007 waste with a waste number of 131H, as the permeate water and metal sludge are derived-from the original plating solution. However, the treatment of the aqueous waste resulted in the metal sludge, which is a non-aqueous waste. As a result, the land disposal treatment requirements for F007 non-aqueous waste apply to this sludge. CPI determined through analysis of the metal sludge that no other constituents in the waste were concentrated during the treatment process to create a new characteristic of leachate toxicity, and that only the concentrations of cadmium, chromium and nickel remain at or above the land disposal treatment requirements for F007 waste.

When completing the LDR Notification Form for the metal sludge that is shipped off-site, CPI is required to list all regulated constituents that were present in the original waste stream (the plating solution) at or above the F007 treatment standards. Therefore, the regulated constituents CPI included on the LDR Notification Form were cadmium, chromium, total and amenable cyanides, and nickel. CPI indicated that the cyanides were treated. The LDR Notification Form also indicated that the waste is being sent off-site for further processing to meet land disposal treatment requirements. The LDR Notification Form was provided to the waste receiver prior to the first shipment of the waste.

10.5 Case study 4 – API separator sludge

Background:

A Canadian Chemical Company (CCC) is a petroleum chemical manufacturer that produces a residue sludge from a processing unit called an API Separator that is used to treat wastewater from the refining of petroleum products. The API Separator allows for the separation of residues from wastewater that are both heavier and lighter than wastewater. Numerous poly-aromatic hydrocarbons and metals, including chromium, lead and nickel, are found in the sludge residue from the API Separator.

Waste classification:

CCC has reviewed the Schedules to Regulation 347 and has determined that the API Separator sludge is a K051 hazardous industrial waste by definition. Further, CCC tested the sludge and determined that the solvent is leachate toxic for chromium and nickel. The sludge was also tested for ignitability and was determined that the sludge met the definition of an ignitable waste and had more than 10 per cent total organic carbon, as stated in Regulation 347.

CCC registered the sludge as a 251H waste with a primary characterization of hazardous industrial waste (Hazardous Waste Number K051), and with a secondary characterization of ignitability (Hazardous Waste Number D001). The registration of this waste does not need to include the characterization of leachate toxicity for total chromium and lead since these regulated constituents are included under the K051 listed waste. If the sludge had the leachate characteristic for any other contaminant found in Schedule 4 of Regulation 347 that is not listed in K051, the land disposal treatment requirement for that contaminant would need to be met. It was determined that this was not the case.

Treatment requirements:

Land disposal treatment requirements for the sludge residue are number-based. In addition, the sludge contains more than one per cent total organic carbon and more than one per cent total suspended solid, and is therefore classified as a non-aqueous waste.

CCC referred to Schedule 1 of Regulation 347 for the land disposal treatment requirement for an K051 listed waste and also referred to Schedule 5 of Regulation 347 for the land disposal treatment requirement for its ignitability characteristic (D001). It was determined that the applicable land disposal treatment requirement for D001 was the treatment Sub-category 2 for non-aqueous waste. This lists three treatment codes for the treatment of this sludge, but only two of the treatment codes apply to this type of waste (treatment code CMBST and RORGS). The definition of the two treatment codes is listed in Schedule 7 of Regulation 347.

Treatment and disposal plan:

Option 1

CCC also owns an on-site landfarm with a Certificate of Approval to allow them to receive this type of sludge residue for final disposal. Regulation 347 defines land disposal as the deposit or disposal of waste upon, into, in or through land including landfarming of the waste, in a case of a petroleum refining waste.

Since landfarming is defined as land disposal under Regulation 347, any regulated constituents in the sludge residue that exceed the numeric values listed for (K051) hazardous industrial non-aqueous waste in Schedule 1 would have to be treated to the standard prior to landfarming. The sludge residue would also require treatment of the ignitability characteristic in Schedule 5.

The treatment of the ignitability characteristic in Schedule 5 includes the treatment option RORGS, which is the recovery of organics using steam stripping as described in Schedule 7. The company therefore treated the sludge for the recovery of the organics by steam stripping, noting that all regulated constituents listed in Schedule 1 for K051 cannot be exceeded. Any regulated constituents that are at or exceed the treatment requirement will require additional treatment until the constituent is below the numerical value listed in Schedule 1 for K051.

If the waste needed to be treated for the total cadmium and lead because these constituents are at or exceed the treatment requirement for K051 in Schedule 1, this could be achieved through a metal stripping technology to lower the concentration of these metals. Since the waste was a listed waste, the treated waste is also regulated as a listed waste and therefore requires disposal at an appropriately approved facility. The landfarm is approved to accept this type of waste, which was subsequently land disposed at the landfarm. CCC completed the LDR portion of the GRR and kept this information on site. The company also prepared and kept a waste analysis plan on site.

Option 2:

CCC sent the listed waste off-site for treatment to a processing facility. CCC completed the LDR Notification Form of the GRR and sent it with the waste to the next receiver prior to the first shipment of the waste.