O. Reg. 102/07: GENERAL - WASTE MANAGEMENT

filed March 23, 2007 under Environmental Protection Act, R.S.O. 1990, c. E.19

ontario regulation 102/07

made under the

environmental protection act

Made: March 21, 2007
Filed: March 23, 2007
Published on e-Laws: March 26, 2007
Printed in The Ontario Gazette: April 7, 2007

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

(General — Waste Management)

1. (1) Subsection 1 (1) of Regulation 347 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“biodiesel” means a fuel or fuel component that is comprised of mono-alkyl esters of long-chain fatty acids that are derived from plant oils or animal fats, if the fuel or fuel component,

(a) conforms to the detailed requirements shown in Table 1 of ASTM International Standard D6751, entitled “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”, as amended from time to time, when tested by the test methods indicated in that Standard, or

(b) is in accordance with the limits specified in Table 1 of European Standard EN 14214, entitled “Automotive Fuels – Fatty acid methyl esters (FAME) for diesel engines – Requirements and test methods”, as amended from time to time, when tested by the test methods indicated in that Standard;

“common mercury waste” means,

(a) electrical switches, thermostats or fluorescent lamps that contain mercury and that are damaged, worn out or discarded,

(b) thermometers, barometers or other measuring devices that contain mercury and that are damaged, worn out or discarded,

(c) discarded material that contains mercury from dental procedures carried out by a member of the Royal College of Dental Surgeons of Ontario;

“common mercury waste recovery facility” means a site at which common mercury waste is received for recovery of mercury and at which no disposal of common mercury waste or of mercury takes place;

“food processing and preparation operations” include food packing, food preserving, wine making, cheese making and restaurants;

“intact waste battery” means an electric battery that is intact but is damaged, spent, worn out or discarded;

(2) Clause (f) of the definition of “liquid industrial waste” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(f) waste that results directly from food processing and preparation operations,

(3) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“on-site thermal treatment equipment” means thermal treatment equipment located at a site used principally for functions other than waste management in which only waste generated on that site is subject to thermal treatment, and includes an on-site incinerator;

(4) The definition of “subject waste” in subsection 1 (1) of the Regulation is amended by striking out “but does not include waste from the servicing of motor vehicles at a retail motor vehicle service station or service facility that has a written agreement for the collection and management of such waste with a waste management system approved under Part V of the Act for the purposes and does not include waste from”, and clauses (c) to (g), and substituting “but does not include waste described in subsection (3)”.

(5) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“thermal treatment” includes incineration, gasification, pyrolysis or plasma arc treatment;

“thermal treatment site” means a waste disposal site where thermal treatment is used;

“waste battery recovery facility” means a site at which intact waste batteries are received for recovery of battery components and at which no disposal of intact waste batteries or of recovered battery components takes place;

“waste biomass” means organic matter that is derived from a plant or animal, that is available on a renewable basis and that is,

(a) waste from harvesting or processing agricultural products or forestry products,

(b) waste resulting from the rendering of animals or animal by-products,

(c) solid or liquid material that results from the treatment of wastewater generated by a manufacturer of pulp, paper, recycled paper or paper products, including corrugated cardboard,

(d) waste from food processing and preparation operations, or

(e) woodwaste;

“waste electrical and electronic equipment” has the same meaning as in Ontario Regulation 393/04 (Waste Electrical and Electronic Equipment) made under the Waste Diversion Act, 2002;

(6) The definition of “woodwaste combustor site” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“woodwaste combustor site” means a waste disposal site where woodwaste is subject to thermal treatment or wholly utilized as a fuel or fuel supplement in a combustion unit.

(7) Section 1 of the Regulation is amended by adding the following subsection:

(3) The definition of “subject waste” in subsection (1) does not include the following wastes:

1. Waste from the servicing of motor vehicles at a retail motor vehicle service station or service facility that has a written agreement for the collection and management of such waste with a waste management system approved under Part V of the Act for the purposes.

2. Intact waste batteries destined for a waste battery recovery facility.

3. Common mercury waste destined for a common mercury waste recovery facility.

4. Waste electrical and electronic equipment that is intact and is destined for a site at which it is to be processed for the recovery of materials.

5. Printed circuit boards that are waste, are intact and are destined for a site at which they are to be processed for the recovery of materials.

6. Waste from,

i. a nursing home under the Nursing Homes Act,

ii. a home under the Homes for the Aged and Rest Homes Act,

iii. a home for special care under the Homes for Special Care Act,

iv. the professional office of a member of the Royal College of Dental Surgeons of Ontario, or

v. the professional office of a member of the College of Physicians and Surgeons of Ontario.

2. (1) Subsection 3 (2) of the Regulation is amended by adding the following paragraphs:

8. Waste paint or waste coatings transferred by a generator and destined for a site at which the waste is to be used in an ongoing manufacturing process for the production of paint or coatings, if the process does not involve combustion of the waste and the paint or coatings that are produced are not used as fuel.

9. Emission control dust from the primary production of steel in electric furnaces, if the dust is transferred by a generator for direct transportation to a site at which it is to be used as a feedstock in an ongoing high temperature metal recovery process in a rotary kiln, flame reactor, electric furnace, plasma arc furnace, slag reactor, industrial furnace or combination of a rotary hearth furnace and electric furnace.

10. Spent activated carbon transferred by a generator for direct transportation to a site at which it is to be used in a process to reactivate activated carbon.

11. Metal bearing waste, other than lead acid batteries or aqueous waste, that is transferred by a generator for direct transportation to a smelter at which the waste is to be used as a feedstock in an ongoing operation for the recovery of metal, including waste that, for the purpose of being used as a feedstock, is processed through size reduction, blending, calcining, roasting, sintering, drying, pelletizing, cleaning, leaching or separation of solids from liquids, but not including waste that, for the purpose of being used as a feedstock, is processed in any other manner.

12. Printed circuit boards that are waste and that are transferred by a generator and destined for a smelter at which they are to be used as a feedstock in an ongoing operation for the recovery of metal.

13. Waste that is to be processed and used at the same site where it is generated, if,

i. neither the processing nor the use of the waste involves combustion or land application of the waste, and

ii. the waste is not PCB waste, soil or a soil mixture.

14. Waste biomass transferred by a generator and destined for a site at which it is to be used as a feedstock in the production of ethanol or biodiesel, whether or not it is processed before it is used as a feedstock and whether or not it is processed before it is received at the site at which it is to be used as a feedstock.

15. Crumb rubber recovered from used, chipped or shredded tires and destined for use as a feedstock in the production of rubber products other than fuel products.

16. Waste glass that is to be used as aggregate in pipe bedding or in the subsurface of roads or parking areas.

17. Waste asphalt pavement transferred by a generator for direct transportation to,

i. a site at which it is to be used as construction aggregate, or

ii. a site at which waste asphalt pavement is processed for use as construction aggregate and at which no disposal of waste or processed waste takes place.

18. Waste asphalt pavement transferred by a generator for direct transportation to a site at which waste asphalt pavement is stored for use as construction aggregate, if,

i. the waste asphalt pavement is stored at least 30 metres away from the nearest watercourse, lake or pond, or there are engineered works in place to prevent the waste from having any adverse effect on any watercourse, lake or pond, and

ii. the waste asphalt pavement is stored at,

A. a construction area for not more than 120 days,

B. a permanent place of business for a person who is in the business of construction,

C. a pit or quarry for which a permit or licence has been issued under the Aggregate Resources Act,

D. a road works yard owned by a municipality or the Crown in right of Ontario, or

E. a place that is at least 100 metres from the nearest dwelling.

19. Waste asphalt shingles transferred by a generator and destined for a site at which they will be used as aggregate or surface layer in the construction of walkways for pedestrian use, roads or parking areas, if, before being used for that purpose, the shingles are processed at a site at which the only processing that occurs is sorting, size reduction and the removal of other wastes from the shingles.

20. Organic waste from food processing and preparation operations or operations for the sale or distribution of food, if,

i. the waste is transferred by a generator and destined for a site at which the waste will be used in an ongoing agricultural, commercial, manufacturing or industrial process or operation, whether or not it is processed before it is used in the process or operation and whether or not it is processed before it is received at the site at which it will be used in the process or operation, and

ii. the agricultural, commercial, manufacturing or industrial process or operation does not involve combustion or land application of the waste.

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

(3) Despite subsection (1), material that is referred to in subparagraph 1 i or paragraph 6, 9, 10 or 11 of subsection (2) is exempt from Part V of the Act and this Regulation only if the carrier has in his or her possession while transporting the material a document from the owner or operator of the site to which the material is being transported that,

(a) indicates that the owner or operator of the site to which the material is being transported agrees to accept the material;

(b) specifies the use that will be made of the material; and

(c) if the paragraph of subsection (2) that refers to the material refers to an ongoing process or operation, stipulates that the process or operation is ongoing at the time the material is being transported.

(3.1) Despite subsection (1), material that is referred to in paragraph 7 or 8 of subsection (2) is exempt from Part V of the Act and this Regulation only if,

(a) every carrier has in his or her possession while transporting the material a document from the owner or operator of the site to which the material is destined that,

(i) indicates that the owner or operator of the site to which the material is destined agrees to accept the material,

(ii) specifies the use that will be made of the material, and

(iii) if the material is referred to in paragraph 8 of subsection (2), stipulates that the manufacturing process referred to in that paragraph is ongoing at the time the material is being transported; and

(b) the owner or operator of every site to which the material is delivered and at which the material is collected, handled, stored or transferred before reaching the site to which the material is destined has in his or her possession while collecting, handling, storing or transferring the material a document from the owner or operator of the site to which the material is destined that,

(i) indicates that the owner or operator of the site to which the material is destined agrees to accept the material,

(ii) specifies the use that will be made of the material, and

(3.2) If a waste referred to in paragraph 13 of subsection (2) is one of the following types of waste, any residue from the processing of the waste shall be deemed, for the purposes of this Regulation, to be a waste derived from a waste referred to in clause (a) of the definition of that type of waste in subsection 1 (1):

1. Acute hazardous waste chemical.

2. Hazardous industrial waste.

3. Hazardous waste chemical.

4. Severely toxic waste.

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

5.0.1 (1) In this section,

“municipal waste pilot project site” means a waste disposal site, other than a landfilling site or dump, where municipal waste is processed or disposed of primarily to,

(a) assist in the design of technology for processing or disposing of municipal waste,

(b) assess the merits of a technology for processing or disposing of municipal waste, or

(2) Section 30 of the Act does not apply to an application for a certificate of approval for the use, operation, establishment, alteration, extension or enlargement of a municipal waste pilot project site if,

(a) the applicant gives the Director a written notice that,

(i) specifically mentions this subsection, and

(ii) requests that section 30 of the Act not apply; and

(b) the Director is satisfied that 75 tonnes of municipal waste or less will be processed or disposed of at the site on any day.

(3) If a certificate of approval or provisional certificate of approval is issued on an application to which subsection (2) applied,

(a) the operator of the municipal waste pilot project site shall promptly notify the Director in writing of the date that municipal waste is first received at the site pursuant to the certificate of approval or provisional certificate of approval; and

(b) the operator of the municipal waste pilot project site shall ensure that not more than 75 tonnes of municipal waste are processed or disposed of at the site on any day.

(4) A certificate of approval or provisional certificate of approval that is issued on an application to which subsection (2) applies must contain a term or condition that prohibits the operation of the municipal waste pilot project site after the third anniversary of the date that municipal waste is first received at the site, or after such earlier date as is specified in the certificate of approval or provisional certificate of approval.

(5) Subject to subsections (8) and (9), the Director may, on application, alter the term or condition referred to in subsection (4) if he or she is satisfied that the alteration is necessary to,

(a) assist in the design of technology for processing or disposing of municipal waste;

(b) assess the merits of a technology for processing or disposing of municipal waste; or

(6) Subsection (2) applies, with necessary modifications, to an application to alter the term or condition referred to in subsection (4).

(7) The Director is not required to consider an application to alter the term or condition referred to in subsection (4) if,

(a) the application is seeking the first alteration of the term or condition; and

(b) the application is made less than half way through the period between the date that municipal waste is first received at the site and the date after which the term or condition prohibits the operation of the municipal waste pilot project site.

(8) An alteration under subsection (5) shall not extend the period during which the municipal waste pilot project site may be operated for more than 12 months.

(9) An alteration under subsection (5) shall not extend the period during which the municipal waste pilot project site may be operated beyond the fifth anniversary of the date that municipal waste is first received at the site.

4. Clause 5.1 (1) (c) of the Regulation is revoked and the following substituted:

5. Clause 6 (3) (c) of the Regulation is revoked and the following substituted:

6. Section 8 of the Regulation is amended by adding the following subsections:

(4) Sections 27, 40 and 41 of the Act do not apply in respect of a waste management system or waste disposal site, if the only management of waste done by the system or at the site is the collection, handling, transportation, storage or transfer of,

(a) waste that consists only of,

(i) waste electrical and electronic equipment that is intact, or

(ii) printed circuit boards,

and that is transferred by a generator and is destined for a site at which the waste is to be processed for the recovery of materials;

(b) intact waste batteries that are transferred by a generator and are destined for a waste battery recovery facility; or

(c) common mercury waste that is transferred by a generator and is destined for a common mercury waste recovery facility.

(5) Despite clauses (4) (b) and (c), a waste management system or waste disposal site for the collection, handling, transportation, storage or transfer of waste referred to in those clauses is exempt from sections 27, 40 and 41 of the Act only if,

(a) every carrier has in his or her possession while transporting the waste a document from the owner or operator of the waste battery recovery facility or common mercury waste recovery facility that indicates that the owner or operator of the facility agrees to accept the waste; and

(b) the owner or operator of every site at which the waste is collected, handled, stored or transferred before reaching the waste battery recovery facility or common mercury waste recovery facility has in his or her possession while collecting, handling, storing or transferring the material a document from the owner or operator of the waste battery recovery facility or common mercury waste recovery facility that indicates that the owner or operator of the facility agrees to accept the waste.

(6) Sections 27, 40 and 41 of the Act do not apply in respect of a waste disposal site if,

(a) the only management of waste done at the waste disposal site is the collection, handling, storage, transfer or processing of woodwaste;

(b) none of the woodwaste is stored at the waste disposal site for more than 18 months;

(d) the owner or operator of the waste disposal site has in his or her possession, while collecting, handling, storing, transferring or processing woodwaste, a document from the owner or operator of each woodwaste combustor site to which the woodwaste is destined that indicates that,

(i) the owner or operator of the woodwaste combustor site agrees to accept the woodwaste, and

(ii) the woodwaste will be used at the woodwaste combustor site principally for functions other than waste disposal; and

(e) no more woodwaste is stored at the waste disposal site than is reasonably capable of being subject to thermal treatment or wholly utilized as a fuel or fuel supplement during a period of six months at the woodwaste combustor sites to which the woodwaste is destined.

(7) Sections 27, 40 and 41 of the Act do not apply in respect of a waste management system if,

(a) the only management of waste done by the waste management system is the collection, handling, transportation, storage, transfer or processing of woodwaste;

(b) none of the woodwaste is stored at waste disposal sites that are part of the waste management system for more than 18 months;

(d) the owner or operator of every waste disposal site that is part of the waste management system has in his or her possession, while collecting, handling, storing, transferring or processing woodwaste, a document from the owner or operator of each woodwaste combustor site to which the woodwaste is destined that indicates that,

(i) the owner or operator of the woodwaste combustor site agrees to accept the woodwaste, and

(ii) the woodwaste will be used at the woodwaste combustor site principally for functions other than waste disposal; and

(e) no more woodwaste is stored at waste disposal sites that are part of the waste management system than is reasonably capable of being subject to thermal treatment or wholly utilized as a fuel or fuel supplement during a period of six months at the woodwaste combustor sites to which the woodwaste is destined.

(8) If, pursuant to subsection (6) or (7), sections 27, 40 and 41 of the Act do not apply in respect of a waste disposal site or waste management system, the owner and the operator of the waste disposal site or waste management system shall ensure that all woodwaste that is transported from the waste disposal site or by the waste management system is transported to,

(a) a woodwaste combustor site that uses the woodwaste principally for functions other than waste disposal; or

(b) a waste disposal site or waste management system that, pursuant to subsection (6) or (7), is also exempt from sections 27, 40 and 41 of the Act.

(9) Sections 27, 40 and 41 of the Act do not apply in respect of a waste disposal site if,

(a) the only management of waste done at the waste disposal site is the collection, handling, storage, transfer or processing of woodwaste; and

(b) the site is operated by the holder of a land use permit issued under the Public Lands Act that authorizes the collection, handling, storage transfer or processing of woodwaste at the site.

7. (1) Section 12 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

12. The following are prescribed as standards for the location, maintenance and operation of a thermal treatment site:

. . . . .

(2) Paragraph 1 of section 12 of the Regulation is revoked and the following substituted:

1. The location of the thermal treatment site shall be selected so as to reduce the effects of nuisances such as dust, noise and traffic.

(3) Paragraph 4 of section 12 of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

4. The thermal treatment equipment shall be located,

. . . . .

(4) Subparagraph 4 iii of section 12 of the Regulation is revoked and the following substituted:

iii. so that the services and utilities required for the operation of the thermal treatment equipment are available, including facilities for the disposal of residue and of quenching and scrubbing water.

(5) Paragraph 5 of section 12 of the Regulation is revoked and the following substituted:

5. The design and capacity of the thermal treatment equipment shall be of a type and size adequate to efficiently process the quantities of waste that may be expected, so that a minimum volume of residue is obtained, the putrescible materials remaining as residue are reduced to a minimum and a minimum of air pollution results.

(6) Subparagraph 6 v of section 12 of the Regulation is revoked and the following substituted:

v. Such instruments as may be necessary for the efficient operation of the thermal treatment equipment.

(7) Paragraphs 7 and 8 of section 12 of the Regulation are revoked and the following substituted:

7. The thermal treatment site shall include an unloading area properly enclosed and of sufficient size for the intended operation.

8. Access roads shall be provided for vehicles hauling waste to the thermal treatment site.

8. Paragraph 4 of subsection 17.1 (2) of the Regulation is revoked and the following substituted:

4. The processing of municipal waste with on-site thermal treatment equipment that, pursuant to subsection 28 (1) of this Regulation, is exempt from the operation of section 27 of the Act.

9. Section 28 of the Regulation is revoked and the following substituted:

On-Site Thermal Treatment Equipment

28. (1) On-site thermal treatment equipment is exempt from the operation of section 27 of the Act unless the equipment is used to subject hazardous waste or liquid industrial waste to thermal treatment.

(2) On-site thermal treatment equipment is exempt from the requirement of being the subject-matter of a hearing under subsection 30 (1) of the Act.

(3) This section does not apply to on-site thermal treatment equipment at a woodwaste combustor site or waste-derived fuel site.

10. Subsection 28.1 (2) of the Regulation is revoked and the following substituted:

(2) A woodwaste combustor site is exempt from section 27 of the Act if,

(a) none of the woodwaste stored at the woodwaste combustor site is stored there for more than 18 months; and

(b) no more woodwaste is stored at the woodwaste combustor site than is reasonably capable of being subject to thermal treatment or wholly utilized as a fuel or fuel supplement during a period of six months at the site.

(2.1) Subsection (2) does not apply on any day on which more than 100 tonnes of woodwaste are subject to thermal treatment at the site, if the sole purpose of subjecting the woodwaste to thermal treatment is to dispose of it.

(2.2) Subsection (2) does not apply to a woodwaste combustor site at which woodwaste is subject to thermal treatment, if the principal function of the site is waste disposal.

(2.3) A woodwaste combustor site is exempt from section 27 of the Act if,

(a) woodwaste is subject to thermal treatment at the woodwaste combustor site and the principal function of the site is waste disposal;

(b) not more than 100 tonnes of woodwaste is subject to thermal treatment at the woodwaste combustor site on any day;

(d) none of the woodwaste stored at the woodwaste combustor site is stored there for more than six months.

O. Reg. 102/07: GENERAL - WASTE MANAGEMENT

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