9.1 Introduction

Ontario’s LDR program was put in place to strengthen the regulatory framework for hazardous waste management, and to enhance the harmonization of the province’s hazardous waste rules with those of the U.S., our largest hazardous waste trading partner.

The LDR program requirements set out in Regulation 347 prohibit the disposal of untreated hazardous waste in or on the land, unless the waste meets specific treatment requirements to reduce the mobility and/or toxicity of its hazardous components.

More detailed information on the LDR program is provided in the Land Disposal Restrictions Handbook.

9.2 Overview of the LDR program

The LDR program affects hazardous waste generators, carriers and receivers. The program requires the treatment of hazardous wastes that will be land disposed in Ontario to:

  • substantially diminish the waste’s toxicity by destroying or removing its harmful constituents, or
  • reduce the mobility of the waste’s contaminants

The LDR program includes the following key elements:

  • Each type of hazardous waste must meet a specific land disposal treatment requirement before being land disposed. The treatment requirements can include meeting a specific concentration limit or using a specific treatment technology. For a hazardous waste whose LDR requirement is a concentration limit, any suitable technology can be used for its treatment.
  • The LDR program includes alternate treatment standards for waste soils or soil mixtures and waste debris or debris mixtures.
  • The LDR program prohibits the mixing, blending or bulking of hazardous wastes with other wastes or materials, to prevent meeting the land disposal treatment requirements through dilution. However, Ontario’s rules allow wastes to be mixed, blended or bulked when this is done to meet a treatment standard, or under the terms permitted by an ECA.
  • The LDR program includes on-site storage requirements for waste generation facilities. These requirements provide some flexibility for generators, enabling them to accumulate sufficient volumes of waste before disposal, while at the same time ensuring that temporary storage of wastes is carried out appropriately.
  • Under the LDR program, hazardous waste generators are required to evaluate their waste streams and how they are managed, and to determine whether additional information is required for LDR purposes. Generators that are required to identify the regulated constituents in their hazardous wastes can do so either by using analytical testing or their detailed knowledge of the waste they produce.
  • The LDR program includes formal notification and reporting requirements for generators and processors of hazardous wastes. Processors that treat these wastes to meet a treatment requirement are also required to complete a waste analysis plan.
  • Specific variances to a land disposal treatment requirement may be obtained through a Director’s letter of equivalent treatment, through Environmental Compliance Approvals issued on a case-by-case basis, or through future amendments to the regulation, if warranted.

9.3 Applicability of the land disposal treatment requirements

The LDR program specifies the land disposal treatment requirements for all listed wastes and characteristic wastes that will be land disposed in Ontario. The treatment requirements apply to both the generated waste itself and to any residuals from the processing of the waste, if the residuals are also listed wastes or characteristic wastes.

These wastes are considered to be land disposed if they are deposited or disposed upon, into, in or through land. The term land disposal is defined in subsection 1 (1) of Regulation 347 and includes activities such as the disposal of wastes at a dump, a landfill or landfarm, as well as the discharge of wastes into a geological formation (i.e., deep well disposal). Ontario’s land disposal treatment requirements are in addition to the province’s approvals requirements for waste disposal facilities. However, the temporary placement of remediation waste on land at a contaminated site as part of a site remediation plan is not considered to be land disposal.

The following wastes are not subject to Ontario’s land disposal treatment requirements:

  • non-hazardous wastes
  • liquid industrial wastes
  • small quantity exempt (SQE) wastes
  • Part V exempt wastes (for example, agricultural wastes, recyclable wastes)

The following hazardous wastes are subject to Ontario’s land disposal treatment requirements, and cannot be land disposed unless they have been treated to meet specific LDR treatment requirements:

  • listed wastes:
    • acute hazardous waste chemical (A)
    • hazardous industrial waste (H)
    • hazardous waste chemical (B)
    • severely toxic waste (S)
  • characteristic wastes:
    • corrosive waste (C)
    • ignitable waste (I)
    • leachate toxic waste (T)
    • reactive waste (R)

The LDR program does not include land disposal treatment requirements for the following hazardous wastes:

  • PCB waste as defined in Regulation 362 (i.e., >50 ppm PCB), which is prohibited from land disposal (Section 74 of Regulation 347).
  • Pathological waste as defined in Regulation 347. Pathological waste is included in the biomedical waste definition in Guideline C-4, Management of Biomedical Waste.
  • Radioactive waste — radioactive waste, except radioisotope wastes (i.e., produced as part of the nuclear fuel cycle) disposed of at a landfill site in accordance with the written instructions of the Canadian Nuclear Safety Commission, formerly the Atomic Energy Control Board, is hazardous waste. By contrast, the Ministry regulates radioactive waste that contains naturally occurring radioactive material (NORM) on a case-by-case basis.

If a waste contains PCBs at a concentration of less than or equal to 50 ppm, and is therefore not defined as a PCB waste, the waste could still be tested and be found to be leachate toxic for , which is a contaminant listed in Schedule 4 (Leachate Quality Criteria) of Regulation 347. If this is the case, the waste would have to meet the land disposal treatment requirements for E018 in Schedule 5 of Regulation 347, including the standards in Schedule 6 of Regulation 347, before it can be land disposed.

If a waste is a biomedical waste, which includes pathological waste, please refer to Guideline C-4, Management of Biomedical Waste.

Hazardous wastes are not required to meet the LDR requirements for treatment before they are:

  • treated and discharged to surface water
  • discharged to a sewer or to another facility approved under the OWRA
  • sent to a recycling facility on the Tonnage Fee Exempt Recycling Facilities Directory for recovery of materials from the waste, or
  • disposed of at an approved incineration facility or waste-derived fuel site

A number of other LDR requirements (for example, registration, notification) may apply, depending on how the hazardous wastes are managed before they are received at the above facilities.

Residuals from the management methods listed above may also be subject to the LDR program’s registration, notification and treatment requirements at the new point of generation. For example, if the original waste was a listed waste, the resulting treatment residuals remain a listed waste. If the original waste was not a listed waste, the treatment residuals must be characterized to determine what type of hazardous waste it is. In such cases, if the treatment residuals are to be land disposed, the LDR program’s treatment requirements would apply, depending on the characteristics of the residuals.

9.4 Land disposal treatment requirements

The land disposal treatment requirements are found in Schedule 1, Part A and Part B of Schedule 2, Schedule 3 and Schedule 5 of Regulation 347. For each hazardous waste, the schedules provide a hazardous waste number, a description of the waste or process, the regulated constituent(s) and a specific treatment requirement for both aqueous and non-aqueous forms of the hazardous waste. Waste generators need this information for each waste stream that is generated at their facility and may also need to provide the information in the LDR notification form of the GRR.

9.4.1 Identifying the treatment requirements

Generators can identify the type of hazardous waste they produce either by using chemical analysis, by using their own detailed knowledge of the waste, or a combination of the two. Identifying the land disposal treatment requirement that applies to your waste is based on the hazardous waste number for each type of waste. Additional analysis and/or knowledge may be needed to identify the regulated constituents, including additional regulated constituents listed in Schedule 6 of Regulation 347 for characteristic wastes. The waste characterization process is explained in section 2.5. Determining the characterization of your waste stream.

If there are any changes in the raw materials or in the process that generates the waste, and these changes could affect the composition of the waste or its physical or chemical properties, generators are required to review or repeat the waste characterization and identify the appropriate land disposal treatment requirements.

Hazardous waste generators are responsible for identifying all applicable hazardous waste numbers for each type of waste stream. In some cases, hazardous waste numbers may have sub-categories that involve different land disposal treatment requirements. If this is the case, generators are required to identify the correct sub-category for the hazardous waste number in the LDR notification form.

There are two types of land disposal treatment requirements; numerical standards (which involve concentration limits) and treatment methods and standards (which involve treatment codes).

If numerical standards are specified for a waste, the concentration of each regulated constituent in the waste must be below the land disposal treatment requirement before the waste may be land disposed. By contrast, if treatment codes are required to treat a waste, the waste must be treated using the treatment methods set out in Schedule 7 of Regulation 347 for that treatment code before the waste may be land disposed.

In some cases, the land disposal treatment requirement specifies one or more treatment codes, while in other cases the treatment requirement specifies a choice of treatment codes. In either case the waste needs to be treated using the applicable treatment method and standard described in Schedule 7. Each treatment code has a corresponding treatment method and standard.

9.4.1.1 Treatment requirements for listed wastes

The land disposal treatment requirements for listed wastes are included in Schedule 1, Part A and Part B of Schedule 2 and Schedule 3 of Regulation 347. The schedules identify the hazardous waste, its hazardous waste number, the regulated constituent(s) in the waste and the corresponding land disposal treatment requirement for each. Please note that all of the treatment requirements must be met for each regulated constituent in the waste stream.

The derived-from rule applies to listed wastes. Accordingly, listed wastes remain listed wastes after they have been treated to meet the land disposal treatment requirements. The treated wastes must therefore be disposed of at a facility that is approved to accept hazardous wastes. Facilities that receive these wastes for treatment and disposal must ensure that the wastes meet the applicable land disposal treatment requirements before they are land disposed.

There may be certain cases where a listed waste that has been treated to meet the land disposal treatment requirements may be disposed of in a non-hazardous waste disposal facility. For example, the treated listed waste has been delisted through an ECA that states that in the opinion of the issuing Director, the waste that is produced in accordance with the ECA does not have characteristics similar to the characteristics of the listed waste from which it was derived (i.e., the treated listed waste is no longer considered to be a listed waste as the Director has determined that the derived-from rule does not apply) and provided that the treated waste is also not a characteristic waste. For more information, see the How to de-list a hazardous listed waste section.

9.4.1.2 Treatment requirements for characteristic wastes

The land disposal treatment requirements for characteristic wastes are included in Schedule 5 of Regulation 347. This schedule identifies the hazardous waste, its hazardous waste number, the regulated constituent(s) in the waste and the corresponding treatment requirements for each. All the treatment requirements must be met for each regulated constituent in the waste. Moreover, if the waste stream is characterized by more than one hazardous waste number, it must meet the land disposal treatment requirement for each number before it can be land disposed.

Most of the land disposal treatment requirements in Schedule 5 also include a requirement to meet the standards in Schedule 6 of Regulation 347. As a result, the generator must identify the constituent(s) that caused the waste to be characteristic, as well as any other regulated constituent in Schedule 6 that may be present in the waste at a concentration at or above the Schedule 6 standard at the point of generation. This information must be reported in the LDR notification form.

Schedule 6 lists additional regulated constituents for characteristic wastes and their associated treatment requirements. The treatment requirements are typically referred to as Universal Treatment Standards (UTS) and the regulated constituents in Schedule 6 are often referred to as Underlying Hazardous Constituents (UHC).

If a characteristic waste is de-characterized, but still has regulated constituents that do not meet the standards in Schedule 6, it cannot be land disposed. In such cases, the waste remains a subject waste and the generator needs to register the waste. The questionnaire in the GRR will indicate if the LDR Notifications Form needs to be filled out for this waste stream.

Once a characteristic waste has been treated and meets the treatment requirement in Schedule 5 for the regulated constituent that made it hazardous (and if applicable, treated to meet the treatment requirement for any regulated constituent in Schedule 6), it can be land disposed at a facility that is approved to accept non-hazardous waste or a facility that is approved to accept hazardous waste. Facilities that receive these wastes for treatment and disposal must ensure that the wastes meet the applicable land disposal treatment requirements before land disposal.

9.4.1.2.1 Ignitable waste

The treatment requirements for ignitable wastes are separated into two groups: ignitable wastes with greater than or equal to 10% total organic carbon, and all other ignitable wastes. Ignitable wastes must be treated to remove the characteristic and meet Schedule 6 standards or be treated by a specified technology.

9.4.1.2.2 Corrosive waste

Corrosive wastes must be treated to remove the characteristic and meet Schedule 6 standards.

9.4.1.2.3 Reactive waste

There are several sub-categories for reactive wastes. Depending on the type of waste, some must be treated to remove the characteristic and meet Schedule 6 standards, while others only require the removal of the characteristic. Reactive cyanides must meet concentration-based standards for cyanides.

9.4.1.2.4 Leachate toxic waste

In general, leachate toxic wastes must be treated to meet a specific numerical standard for the characteristic(s) and must meet Schedule 6 standards for all other regulated constituents that may be present. Certain leachate toxic wastes (i.e., some cadmium, mercury, and lead-based wastes) have different land disposal treatment sub-categories based on the type of waste and the concentration of its regulated constituent.

Some leachate toxic wastes have a treatment requirement in Schedule 5 that reads "Meet Schedule 6 standards and best efforts to achieve" the specified concentration limit for the contaminant listed in Schedule 4 of Regulation 347 (i.e., removal of the characteristic). For these wastes, any regulated constituents listed in Schedule 6 that are present in the waste must meet the Schedule 6 standard. As well, where possible, best efforts must be used to treat the waste to the specified concentration limit so that it is no longer a characteristic waste. If the waste remains leachate toxic after treatment for the contaminant, it must be land disposed in a facility that is approved to accept hazardous wastes, provided that all the other regulated constituents in the waste meet Schedule 6 standards.

9.4.1.3 Wastes that are both listed and characteristic

Hazardous wastes that are to be land disposed must meet the treatment requirements for all applicable hazardous waste numbers for wastes that are both listed and characteristic.

For example, if a listed waste exhibits a characteristic because of a contaminant listed in Schedule 4 of Regulation 347 that is one of the regulated constituents identified for that listed waste, the waste only has to be treated to meet the treatment requirements for the listed waste. However, if the listed waste exhibits a characteristic because of a contaminant listed in Schedule 4 that is not one of the regulated constituents identified for that listed waste, the waste has to be treated to meet both the treatment requirements for the hazardous waste number assigned to the listing and for the hazardous waste number(s) assigned to the characteristic.

The treated waste can only be disposed of at an approved hazardous waste facility unless an ECA has been issued that states that the treated waste is no longer a hazardous waste.

All of the hazardous waste numbers must be identified in the LDR notification form, unless the land disposal treatment requirement for the listed waste contains the regulated constituent that caused the waste to be defined as a characteristic waste.

Example: The regulated constituents for the listed waste with the hazardous waste number K002 are chromium and lead. If a K002 waste exhibits a characteristic for a contaminant other than chromium and lead (i.e., cyanide), it is also a characteristic waste and the hazardous waste number (i.e., E006 for cyanide) must be identified. However, the hazardous waste numbers for chromium (D007) and lead (D008) do not apply, since these regulated constituents are included in the K002 listing.

9.5 Exemptions from land disposal treatment requirements

9.5.1 Wastes from a small quantity generator (SQG)

Section 80 of Regulation 347 includes provisions that exempt wastes in a sealed container from the requirement to meet Ontario’s land disposal treatment requirements before they are land disposed. These provisions do not exempt these wastes from all LDR requirements. Rather, they establish alternate management requirements (for example, container and certification requirements) that must be met in order for the wastes to be exempt from the treatment requirements.

This exemption is for wastes produced by generators that produce a total of less than 100 kg of hazardous industrial waste (H), hazardous waste chemical (B) and characteristic waste (I, C, R, or T) in any month. Such generators are referred to as small quantity generators (SQGs). Please note, however, that the Section 80 exemption does not apply to severely toxic wastes or acute hazardous waste chemicals. Generators of these wastes must always treat these wastes to meet the land disposal treatment requirements.

It is important to note that the wastes generated by small quantity generators (SQGs) are not the same wastes covered by the small quantity exemptions (SQE), which are exemptions under the definitions of liquid industrial waste and hazardous waste. The provisions in Section 80 for a SQG do not exempt these wastes from the definition of hazardous waste. As a result, SQGs may still need to meet all of the other hazardous waste requirements for these wastes, including registration, manifesting and transportation by a Ministry-approved carrier to manage the specified class of waste.

Under the provisions of Section 80, SQGs can have their waste(s) land disposed without meeting the land disposal treatment requirements, provided that they:

  • generate the waste(s) at their waste generation facility and do not mix, blend or bulk them with other wastes or materials
  • place the waste(s) into a sealed container that weighs no more than 250 kg, including the weight of the container
  • the container and its seal comply with the requirements of this manual, and
  • affix a signed certificate to the sealed container

The signed certificate affixed to the sealed container must include the following information:

  • The name, address, telephone number and generator number of the generator. This information relates to the site where the waste(s) is generated.
  • The statements described in subsection 80 (3) of Regulation 347 that certify the security of the container and its contents, where the waste(s) was produced, and the weight of the container.
  • A description of the contents of the container, including a description of the waste(s) inside and the appropriate waste number(s) and quantities 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".
  • A signature (and printed name) and the date on which the certificate was signed. The certificate must be signed by an individual at the generating site who is knowledgeable about the contents of the container, and thus in a position to confirm that the information included on the certificate is accurate.

The wastes in the sealed container will continue to be exempt from Ontario’s land disposal treatment requirements as long as the container is not opened and does not appear to be broken or leaking at any time before its land disposal. Please note, however, that although these wastes are not required to meet the land disposal treatment requirements, they are still considered to be hazardous wastes, and must be managed or disposed of at an approved hazardous waste receiving site.

A generator is free to select an effective/appropriate method of sealing the containers. Whichever method is chosen, it must be apparent that the seal has not been broken or tampered with upon receipt of the waste at a waste-receiving site. Examples of security seals that can be used for hazardous waste containers include serialized plastic cargo seals, pull seals, padlocks or security wire seals, as well as tamper-evident tape.

Further information about the disposal of hazardous waste in accordance with the SQG provisions can be found in the Land Disposal Restrictions Handbook.

9.5.2 Wastes from municipal hazardous or special waste (MHSW) depots

Section 81 of Regulation 347 includes provisions that exempt specific wastes from meeting the land disposal treatment requirements if they are collected at an approved waste disposal site (for example, a MHSW depot) that is operated for the collection of MHSW, from the general public.

If these sites collect this waste and also collect wastes from other generators (typically those in the industrial, commercial and institutional (IC&I) sector) in quantities that meet the small quantity exemptions in the various hazardous waste definitions in Regulation 347, they are not required to have these wastes treated to meet the LDR treatment requirements before the wastes are land disposed. MHSW depots that handle, bulk and temporarily store such wastes can send them for land disposal at an approved facility without meeting the LDR treatment and notification requirements, provided that the wastes are not processed or disposed of on-site.

Some MHSW depots may also be approved to accept larger volumes of wastes from IC&I generators, including hazardous wastes. Any hazardous waste collected at an approved MHSW depot that is not a MHSW or SQE waste is not included in the Section 81 provisions, and thus may be subject to the LDR requirements.

The owner/operator of a MHSW depot is obliged to demonstrate at all times that the provisions of Section 81 apply to the wastes received at the facility. For facilities that are approved to receive wastes only from domestic sources and SQE wastes from IC&I generators, the requirements of the facility’s ECA ensure that the provisions of Section 81 are met. However, additional measures such as labels and/or security seals similar to those used for wastes that meet the SQG provisions of Section 80 may be helpful to demonstrate compliance with the LDR requirements (please see the handbook for an example of a label that could be used).

Facilities that are approved to accept hazardous wastes (for example, wastes that are equal to or exceed the SQE) from IC&I generators must ensure compliance with the LDR requirements. If wastes are accepted from a SQG, the provisions in Section 80 must be met in order to land dispose these wastes without treating them to meet the LDR treatment requirements. Wastes from a generator that are accepted in amounts greater than those specified for SQGs must meet the land disposal treatment requirements before the wastes are land disposed. MHSW depots should also check with their waste management service providers to determine if any additional, company-specific requirements apply.

For more information on the Section 81 provisions and how they affect these sites, please refer to the handbook.

9.6 Hazardous wastes that are lab-packed

A lab pack is a term used to identify a common container, usually a steel or fibre drum, which generally contains small quantities of waste chemicals that are individually packaged and then over-packed in the common container. Lab packs are used to transport these wastes to a waste management facility.

The Ministry recommends that generators separate lab packs into those that contain wastes that have to meet LDR treatment requirements and those that contain wastes that do not have to meet the LDR treatment requirements. If lab-packed wastes that do not have to meet land disposal treatment requirements are mixed with wastes that do have to meet the treatment requirements, the combined wastes must meet the land disposal treatment requirements. Please note that the LDR program does not include alternate treatment requirements for lab-packed hazardous wastes.

The contents of a lab pack are subject to specific LDR requirements, depending on the type of waste, the status of the generator and how the waste in the lab pack is to be disposed. Generators should also note that:

  • SQE wastes are not hazardous by definition, and that lab packs containing only SQE wastes are thus exempt from land disposal treatment requirements
  • lab-packed hazardous wastes generated by a SQG that meet the requirements in Section 80 of Regulation 347 do not have to meet land disposal treatment requirements before land disposal
  • hazardous wastes that are not SQE wastes or wastes generated by a SQG and are to be land disposed can be lab packed, but the wastes must meet LDR registration, notification and land disposal treatment requirements

Generators are responsible for determining whether LDR requirements apply to their wastes, and for notifying the receiver about the nature of the wastes and the land disposal treatment requirements that must be met. Information on registration, manifest and notification requirements for lab-packed wastes can be found in the section 2.7.5. Lab Packs. The LDR Handbook also includes information on the management of hazardous wastes that are shipped in lab packs and subject to LDR requirements.

Lab-packed hazardous wastes may only be received at a facility that is approved to accept and transfer each type of hazardous waste in the lab pack. If the lab packs are unpacked and processed or bulked with similar wastes, the facility must be approved to process each type of hazardous waste contained in the pack. If any of the wastes from a lab pack are to be land disposed, the land disposal treatment requirements apply to each waste, unless the wastes and the lab pack meet the requirements in Section 80 of Regulation 347. If a lab pack meeting the requirements of Section 80 is opened by a transfer or processing facility, the facility must ensure that each hazardous waste in the pack that is to be land disposed meets the applicable land disposal treatment requirements.

In addition, if a lab pack is to be unpacked and sorted with the possibility that any of the individual hazardous wastes in the lab pack will be land disposed, the initial generator must ensure that the LDR notification requirements are met for all of the wastes in the lab pack. This includes reporting the hazardous waste number for each waste in the LDR notification form of the GRR.

Generators of hazardous wastes that must meet LDR requirements but do not meet the SQG provisions in Section 80, or generators of acute hazardous waste chemicals or severely toxic wastes, may still lab-pack their wastes. However, these generators must ensure that the LDR notification requirements are met for all the wastes in the lab pack, and must also include the hazardous waste number for each waste when they complete the LDR notification form of the GRR.

LDR requirements do not apply to hazardous wastes that are lab-packed and are not to be land disposed (for example, lab packs that are going directly to an incineration facility). If the generator sends the lab-packed wastes to a processing facility before they are to be sent to an incineration facility, the land disposal treatment and notification requirements do not apply — provided that the wastes are only being bulked with like wastes, and that no other processing of the waste occurs. In such cases, however, the generator must still complete the GRR.

9.7 Alternate treatment standards

Ontario’s LDR program includes alternate treatment standards for a soil or a soil mixture and a debris or a debris mixture that is a 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 described in Section 82 (soil or a soil mixture) and Section 83 (debris or a debris mixture) of Regulation 347.

9.7.1 Soils

As described in section 2.1.4. What is a hazardous waste the mixture and derived-from rules are not strictly applied to waste soils (remediation wastes) from brownfield sites. Such remediation wastes are only deemed to be hazardous wastes when they are determined to be a characteristic waste.

The alternate treatment standards for waste that is a soil or a soil mixture are identified in Section 82 of Regulation 347. The land disposal treatment requirements for these wastes are as follows:

  • the characteristics that make the wastes ignitable, corrosive and reactive must be removed
  • for leachate toxic wastes, all regulated constituents listed in Schedule 6 of Regulation 347 that are present in the waste must be treated so that:
    • the concentration after treatment is not more than 10% of the concentration before treatment (i.e., 90% reduction in the concentration of the regulated constituent), or
    • the concentration after treatment is less than 10 times the standard shown in Column 4 of Schedule 6. Please see the example below

Soils may be land disposed without treatment if they are not ignitable, reactive or corrosive, and if none of the constituents listed in Schedule 6 is present at a concentration of more than 10 times the value listed in Column 4 of Schedule 6.

After a soil has been treated so that it meets the alternate treatment standard, it may still be a characteristic waste because it is leachate toxic. In such cases, the waste must be disposed of at a facility that is approved to accept hazardous wastes, and will then be deemed to have met the land disposal treatment requirements. If the waste is no longer a hazardous waste after treatment, it can be disposed of in a non-hazardous waste receiving facility.

If residuals from the treatment of soils that were a listed waste or characteristic waste are hazardous waste, they must be treated to meet the land disposal treatment requirement for the new waste stream. This provision applies unless the residuals are a soil or a soil mixture, in which case the alternate treatment standards can be used to meet the treatment requirement before land disposal.

Example (all concentrations are mg/L TCLP) — soil that is leachate toxic for cadmium (for example, cadmium level exceeds Schedule 4 value of 0.5 mg/L):

  • no treatment is required if the cadmium concentration is below 1.1 mg/L (10 times the value in column 4 of Schedule 6)
  • treatment is required if the initial concentration of cadmium in the soil is more than 1.1 mg/L. The treatment needs to achieve:
    • a cadmium concentration of 1.1 mg/L or less, or
    • a cadmium concentration above 1.1 mg/L, provided that the concentration after treatment is not more than 10% of the concentration before treatment (i.e., from 20 mg/L to 2 mg/L).

The soil may be disposed of at a non-hazardous waste facility only if the cadmium concentration in the treated soil is below 0.5 mg/L (leachate quality criteria from Schedule 4 of Regulation 347).

9.7.2 Debris

Section 83 of Regulation 347 identifies the alternate treatment standards for waste that is a debris or a debris mixture. These standards are technology-based. Schedule 8 of Regulation 347 (Alternative Treatment for Hazardous Debris) lists the technologies that may be used, the standards for each debris type, and any restrictions on the use of the technology based on the contaminant being treated.

The alternate treatment standards for a debris or a debris mixture cannot be used if the debris mixture includes:

  • lead acid batteries, cadmium batteries, or radioactive lead solids
  • process residuals such as smelter slag, residues from the treatment of wastewater or other waste, sludge and residues from the treatment of sludge, and residues from air pollution control equipment, or
  • intact containers of hazardous waste that are not ruptured and that retain at least 75% of the volume of the original container

If the above waste materials are segregated from a debris mixture, the remaining waste that is a debris or a debris mixture can be treated using the alternate treatment standards. The segregated waste materials above must be treated in accordance with the waste-specific land disposal treatment requirements.

Schedule 8 lists the methods that may be used to treat a waste that is a debris or a debris mixture. The treatment method(s) must address all of the regulated constituents in the debris, as well as each type of debris in a debris mixture. One or more treatment technologies may be required — and if an immobilization technology is used, it must be the last technology used.

Only debris or a debris mixture that is deemed to be a listed waste or characteristic waste is subject to the land disposal treatment requirements. The debris or debris mixture must be treated in accordance with one or more of the treatment methods in Schedule 8 and must no longer display a characteristic after treatment. After treatment, material that is still debris must be separated from material that is not debris. Residual that is not debris is subject to the waste-specific land disposal treatment requirements for a listed waste or characteristic waste. Regulation 347 contains specific provisions for residual waste that is reactive because of the presence of cyanide, and for layers of waste removed by spalling.

The alternate treatment standards in Schedule 8 are separated into three groups of technologies: extraction, destruction and immobilization. Debris or a debris mixture contaminated with a listed waste and treated using an immobilization technology must be disposed of in an approved hazardous waste receiving facility. By contrast, listed waste or characteristic waste that is a debris or a debris mixture that has been treated using extraction or destruction technologies and that is no longer a characteristic waste may be disposed of in a non-hazardous waste receiving facility.

9.8 Notification, record-keeping and waste analysis plan requirements

The LDR program includes requirements that affect the generator registration process. The program also introduces notification and record-keeping requirements, as well as the requirement to develop a waste analysis plan when treating hazardous wastes to meet the land disposal treatment requirements. Together, these requirements are designed to ensure that the appropriate information about the nature of the wastes and the type and status of treatment is known — and that this information is recorded and transferred to the receivers of these wastes, and available to the Ministry to facilitate its abatement activities.

To standardize and facilitate the notification process, the Ministry has included an LDR notification form as part of the GRR. This form is designed to include all the information that needs to be transferred to the receiver to meet Regulation 347’s LDR notification requirements. Generators and operators of processing facilities are required to comply with these requirements.

As noted earlier, the LDR notification form can be completed in the Registry so that the form can be transferred to a receiver. While generators may decide to use a different form for transfers to a receiver, the form they use must meet the LDR notification requirements and include all the information required in the LDR notification form.

The following subsections of the manual outline the requirements of Sections 84 and 85 of Regulation 347 for generators and processors of hazardous wastes who are affected by the LDR requirements.

9.8.1 Generators

9.8.1.1 Notification requirements (section 84 of Regulation 347)

Generators of hazardous wastes that may be subject to the LDR program’s notification requirements can include the original waste generator or any subsequent receiver (for example, transfer station or processing facility) involved in the production, collection, handling or storage of these wastes.

Once a generator has determined all of the characteristics for a waste and that the waste is subject to generator registration requirements, the generator must determine whether the land disposal treatment requirements apply, and whether additional information is required for LDR purposes. During the generator registration process, the generator must assess all listed wastes and characteristic wastes to determine whether there is a requirement to provide the receiver of the waste with the additional information.

The GRR includes a helpful questionnaire that is designed to determine if the waste being registered is subject to the LDR requirements. By completing the questionnaire for each hazardous waste stream, generators will determine if they need to complete the LDR notification form of the GRR.

Notification is a one-time requirement that provides the receiver with information about the waste, the relevant treatment requirement and whether the waste has been partially or fully treated. This must be done either before or on the first transfer of the waste. If, after the first notification, the description of the waste or the physical or chemical properties of the waste change, the generator must notify the receiver of the change by providing the updated information from the GRR to the receiver before or at the first time the waste is received at the receiving facility.

For the purposes of notification, a receiver can include a transfer station, a facility where the waste is being treated or a disposal facility. In the case of transfer stations, the receiver must register and forward the information about the waste to the next receiver. If like wastes are bulked at a transfer station, the waste that is shipped off-site must be registered, and the information from the bulked waste streams must be included in the notification form sent to the next receiver. Moreover, if any processing of the waste occurs at a facility, the processor must identify this in the notification form provided to the next receiver. Finally, if the Ministry has provided a variance from a treatment requirement for a specific waste, the generator must include information about the variance (for example, approval number, effective dates).

If a waste generation facility treats wastes on-site to meet land disposal treatment requirements, the generator must also comply with the requirements specified in Section 85 of Regulation 347.

The waste generator may use the Registry to supply the information in the notification form to the receiver with a manifest or may print the LDR Notification form from the Registry and supply the information to the receiver by either providing a paper copy of the information or providing access to an electronic display of the information. (Note: The Registry will automatically include an LDR Notification form with all manifests that contain waste streams where an LDR Notification form is required).

A generator of a listed waste or characteristic waste is not required to meet the LDR notification requirements, provided that all of the waste is managed by one of the methods described below:

  • treated and discharged to surface water, discharged to sewer or to another facility approved under the OWRA
  • sent to a recycling facility that appears on the Tonnage Fee Exempt Recycling Facilities Directory for recovery of material from the waste
  • disposed of at an approved incineration facility
  • disposed of at a waste-derived fuel site

Listed waste or characteristic waste that does not have to meet the LDR notification requirements must be shipped directly to the facilities listed above or shipped indirectly to them through a transfer/processing facility, as long as the activities conducted at the facility are limited to bulking of like wastes that are also destined and managed at the same facility.

If any processing occurs at an off-site facility before the waste arrives at the intended receiving facility, the original generator needs to complete the notification form and send it to the initial receiver. Processing for this purpose includes mixing, blending or other intermingling of the waste with any other waste or material, but does not include bulking of like wastes or mixing of wastes in accordance with an ECA. Please see section 10.1.1. Mixing, blending and bulking of hazardous wastes for more information on this requirement. Please also note that the residuals from the management methods identified above may be subject to the registration and LDR requirements at the new point of generation.

Hazardous wastes that are shipped out-of-province are subject to the LDR notification requirements, unless they are sent directly to a facility on the Tonnage Fee Exempt Recycling Facilities Directory or to another off-site facility where only bulking of the hazardous waste occurs before being received at a facility on the Tonnage Fee Exempt Recycling Facilities Directory.

9.8.1.2 Notification requirements for sealed containers from a small quantity generator (SQG)

A small quantity generator that meets the requirements of Section 80 is not required to complete the notification form. However, these generators are required to provide information to the receiver by means of a certificate on the container. See Appendix B: Sample certificate for sealed container for more information.

9.8.1.3 Record-keeping requirements

Once the information needed for notification has been provided to the receiver, the generator is responsible for maintaining the following information:

  • a record of all the information provided to the receiver
  • the name of the receiver
  • the date that the information was provided to the receiver

Information must be stored at the waste generation facility for a period of at least two (2) years.

9.8.2 Processors

9.8.2.1 Notification requirements (section 84 of Regulation 347)

Any waste generation facility or receiving facility that processes hazardous waste to address a treatment requirement and later ships the waste off-site must comply with the notification requirements in Section 84, which oblige them to notify the next receiver about the nature of the waste and its treatment status.

The notification and record-keeping requirements for facilities that treat these wastes and then ship them off-site as either fully or partially treated wastes are identical to the requirements outlined above for generators. The requirement to complete the LDR notification form and provide it to the next receiver is a one-time requirement that must be completed on or before the first transfer of the waste.

Generators must provide notification for LDR purposes for each type of treated waste to all waste disposal facilities that receive the wastes. The details of the type of notification vary, depending on the type of waste and extent of treatment as follows:

9.8.2.1.1 Listed wastes
  • Listed wastes must be disposed of at an approved hazardous waste facility. The receiving facility that will further treat or dispose of the waste must receive a notification that contains all of the information in the LDR notification form for the treated waste.
9.8.2.1.2 Partially treated and de-characterized wastes
  • Partially treated and de-characterized wastes are no longer hazardous but are still a subject waste (i.e., they cannot be land disposed because some of the regulated constituents do not meet Ontario’s treatment requirements). The receiving facility that further treats the waste must therefore receive a notification that contains the information in the LDR notification form for the partially treated waste.
9.8.2.1.3 Fully treated characteristic waste
  • Fully treated characteristic wastes can be disposed of in a hazardous or non-hazardous waste receiving facility. The receiving facility that will dispose of the waste must receive a notification containing a statement that the waste was characteristic waste, but that it has been treated to meet all the LDR treatment requirements and may thus be land disposed.

If the residual from the processing of these hazardous wastes is a listed waste or characteristic waste, and the residual needs to be processed to meet a treatment requirement before land disposal, the processor must comply with the registration, notification and record-keeping requirements for generators for the residuals.

The receiver that processes these wastes and ships them off-site to a recycling facility on the Tonnage Fee Exempt Recycling Facilities Directory, an OWRA-approved facility or a waste-derived fuel or incineration facility would follow the same requirements described above for a generator who sends waste to these facilities. Any residues from the processing of the waste to make it amenable to management at one of these facilities may be subject to registration, notification and record-keeping requirements.

When residues that are subject to LDR requirements are being registered, the GRR must contain the information provided by the original waste generators in the LDR notification forms for all wastes that entered into the process that generated the residues.

9.8.2.2 Waste analysis plan requirements (section 85 of Regulation 347)

Section 85 of Regulation 347 contains the requirements for a written plan (i.e., waste analysis plans). These requirements apply to all processors (for example, processing on-site at a waste generation facility or processing off-site at a treatment facility) that treat hazardous wastes to meet land disposal treatment requirements.  The development of these plans will ensure that sufficient chemical analysis is conducted to demonstrate that the wastes have been appropriately treated to meet the treatment requirement for each of their regulated constituents.

The waste analysis plan should include the following:

  • the requirements for regular and detailed chemical and physical testing of representative samples of the wastes that are treated
  • the requirements to ensure that the testing will provide all information necessary to treat the waste in accordance with land disposal treatment requirements
  • the frequency with which testing will be conducted
  • the treatment method to be used to comply with the land disposal treatment requirements

The requirement to prepare a waste analysis plan applies to generators that treat waste on-site at the waste generation facility and any off-site treatment facilities. This includes generators that treat characteristic waste on-site to meet the LDR treatment requirements so that the waste shipped off-site is no longer subject waste.

For more detailed information on the contents of the waste analysis plan, please refer to the LDR handbook.

For wastes that are treated at a facility listed on the Tonnage Fee Exempt Recycling Facilities Directory, a facility approved under the OWRA, or waste-derived fuel or incineration facility, a waste analysis plan is not required when these wastes are processed or disposed. However, a waste analysis plan is required for the processing of any residuals these facilities generate that are subject to land disposal treatment requirements.

9.8.2.3 Record-keeping requirements

The notification and record-keeping requirements for processors that treat hazardous wastes to meet a land disposal treatment requirement are the same as the notification and record-keeping requirements outlined in the section above for generators.

A waste generation facility or receiving facility that processes hazardous waste to meet a land disposal treatment requirement is required to develop and maintain a written plan while the treatment is occurring, and for at least two (2) years after the facility ceases to treat the waste. The individual responsible for following the plan must record every test result conducted in accordance with the plan and retain this record for at least two (2) years. The written plan and records must be kept at the site where the processing takes place and must be made available to the Ministry on request.

9.9 Variances

For each type of hazardous waste, Regulation 347 identifies a corresponding land disposal treatment requirement. However, the Ministry recognizes that there may be special circumstances where meeting a specific treatment requirement for a hazardous waste is not possible before land disposal. Depending on those circumstances, the Ministry may provide some flexibility by granting a variance in the application of a land disposal treatment requirement. Specific variances to a land disposal treatment requirement may be obtained through a Director’s letter of equivalent treatment, an ECA issued on a case-by-case basis, or through a future amendment to the regulation, if warranted.

A waste that has been provided with a specific variance can be land disposed, provided that it is first treated in accordance with the specified variance. However, the waste continues to be subject to any other LDR requirements (for example, registration, notification, waste analysis plan, etc.). If a variance to a land disposal treatment requirement is obtained, it must be documented on the LDR notification form. A brief description of the variances that may be available is provided below. For additional information on the application of these variances and how to request a variance to a treatment requirement, please refer to the LDR handbook.

9.9.1 Variance from a treatment requirement

This variance may be considered when the land disposal treatment requirement is either a specific technology method or a numerical standard. Typically, the variance would deal with a waste that is significantly different than the waste used to set the land disposal treatment requirement and would address a specific waste stream at a specific waste generation facility.

In the event that the Ministry considered a variance from a land disposal treatment requirement for a specific waste stream at a waste generation facility, the variance could be implemented on a case-by-case basis through the facility’s ECA, or for the ECA for a processing or disposal facility.

When warranted, the Ministry may also consider implementing a generic treatability variance by proposing an amendment to Regulation 347. In such cases, the proponent would need to demonstrate that an alternate technology could be used to accomplish the LDR requirement, or that the treatment requirement specified in the regulation is not attainable using the available technologies. A generic treatability variance could result in a new treatability group and a corresponding land disposal treatment requirement that applies to all wastes that meet the criteria of the new group. Generic treatability variances have already been included in Regulation 347 through the alternate treatment standards for a soil or a soil mixture and a debris or a debris mixture.

9.9.2 Equivalent treatment method variance

This variance may be considered when the land disposal treatment requirement sets out a specific technology. The variance could allow for the use of another type of technology, if a case can be made that the alternate technology provides an equivalent level of treatment to the technology specified in the regulation.

Regulation 347 contains a provision for this type of variance that allows the Director upon Ministry review, to approve an equivalent level of treatment to a specific land disposal treatment requirement. This variance could also be implemented through an ECA.