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O. Reg. 233/11: Mobile PCB Destruction Facilities

filed June 14, 2011 under Environmental Protection Act, R.S.O. 1990, c. E.19

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ontario regulation 233/11

made under the

Environmental Protection Act

Made: June 1, 2011
Filed: June 14, 2011
Published on e-Laws: June 15, 2011
Printed in The Ontario Gazette: July 2, 2011

Amending Reg. 352 of R.R.O. 1990

(Mobile PCB Destruction Facilities)

1. Subclause (f) (i) of the definition of “PCB waste” in section 1 of Regulation 352 of the Revised Regulations of Ontario, 1990 is amended by striking out “with respect to which a certificate of approval has been issued under section 9 of the Act specifying” and substituting “that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 9 (1) of the Act that specifies”.

2. (1) Subsection 3 (1) of the Regulation is amended by striking out “section 32” and substituting “subsection 20.15 (1)”.

(2) Subsection 3 (2) of the Regulation is revoked.

3. (1) Paragraph 6 of subsection 6 (1) of the Regulation is amended by striking out “certificate of approval for the site” and substituting “site is subject to an environmental compliance approval that”.

(2) Sub-sub-subparagraph 7 i A 1 of subsection 6 (1) of the Regulation is amended by striking out “certificate of approval of the site” and substituting “site is subject to an environmental compliance approval that”.

(3) Sub-sub-subparagraph 7 i B 1 of subsection 6 (1) of the Regulation is amended by striking out “certificate of approval of the site” and substituting “site is subject to an environmental compliance approval that”.

(4) Sub-sub-subparagraph 7 i C 1 of subsection 6 (1) of the Regulation is amended by striking out “certificate of approval of the site” and substituting “site is subject to an environmental compliance approval that”.

(5) Paragraph 11 of subsection 6 (1) of the Regulation is amended by striking out “as the Director stipulates as a condition attaching to the site certificate of approval” at the end and substituting “as the Director specifies as a term or condition in the environmental compliance approval to which the site is subject”. 

(6) Paragraph 13 of subsection 6 (1) of the Regulation is amended by striking out “permits as a condition attaching to the site certificate of approval” at the end and substituting “specifies as a term or condition in the environmental compliance approval to which the site is subject”. 

(7) Paragraph 27 of subsection 6 (1) of the Regulation is amended by striking out “as conditions attaching to a certificate of approval for control of a mobile PCB destruction facility waste management system” and substituting “as terms or conditions in an environmental compliance approval to which a mobile PCB destruction facility waste management system is subject”.  

(8) Subsection 6 (3) of the Regulation is revoked and the following substituted:

(3) Paragraph 10 of subsection (1) does not apply to any mobile PCB destruction facility located at an existing PCB waste disposal site if,

(a) the existing site was established under Regulation 362 of the Revised Regulations of Ontario, 1990; or

(b) the existing site is subject to an environmental compliance approval that specifies the manner in which PCB waste may be stored.

4. Subsection 7 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) An application for an environmental compliance approval to which a mobile PCB destruction facility waste management system or a mobile PCB destruction facility waste management disposal site will be subject shall be in a form that is available on a website maintained by the Ministry on the Internet and that requires information the Director considers relevant to the application and shall include,

5. (1) Subsection 8 (1) of the Regulation is amended by striking out “a certificate of approval for a Class 1 mobile PCB destruction facility waste disposal site” in the portion before clause (a) and substituting “an environmental compliance approval to which a Class 1 mobile PCB destruction facility waste disposal site will be subject”.

(2) Subsection 8 (2) of the Regulation is amended by striking out “a certificate of approval for a Class 2 mobile PCB destruction facility waste management system” in the portion before clause (a) and substituting “an environmental compliance approval to which a Class 2 mobile PCB destruction facility waste management system will be subject”.

6. (1) Subsection 9 (1) of the Regulation is amended by striking out “Where notice is required to be given under subsection 30 (2) of the Act” at the beginning and substituting “Where notice is required to be given under subsection 20.15 (2) of the Act”.

(2) Subsection 9 (4) of the Regulation is amended by striking out “a certificate of approval” and substituting “an environmental compliance approval”.

7. Section 14 of the Regulation is revoked and the following substituted:

14. If any class of mobile PCB destruction facility waste disposal site is to be located on land that is part of a waste management system or waste disposal site, other than a mobile PCB destruction facility waste disposal site, and that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Act, the waste management system or waste disposal site is exempt from sections 20.15 and 27 of the Act with respect to the use, operation, establishment, alteration, enlargement or extension of the mobile PCB destruction facility waste disposal site if a separate environmental compliance approval has been issued to which the mobile PCB destruction facility waste disposal site is subject.

8. Form 1 of the Regulation is revoked.

Commencement

9. This Regulation comes into force on the later of the day subsection 2 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force and the day it is filed.