C-5 Registration on Title of Certificates of Approval for Waste Disposal Sites

Disclaimer: This guideline is not and should not be construed as legal advice. Please review the Environmental Protection Act and the Ministry of Environment website for more information on the laws that apply to the handling of waste. Should you have any questions about the application or interpretation of the laws of Ontario or have other legal questions, you should consult a lawyer.

Synopsis

The primary purpose of this guideline is to ensure that members of the public have access to information about municipally or privately-owned lands used for waste disposal sites. The guideline covers the registration on title of Environmental Compliance Approvals for existing and new waste disposal sites in which waste is disposed on or in the ground, other than soil conditioning sites.

The guideline will be enforced by placing conditions on applicable approvals.

Objective (1.0)

The intent of this guideline is to ensure members of the public have access to information about municipality or privately-owned land used for waste disposal sites which pose potential hazards.

Present or Future Disposal Sites (1.1)

This guideline applies to all existing and new waste disposal sites in which waste is disposed on or in the ground (other than soil conditioning sites).

Past Disposal Sites (1.2)

This guideline does not apply to abandoned waste disposal sites (certified or uncertified) unless specific safety hazards noted in Section 2, below, have been identified.

Sites on Unpatented Crown Land (1.3)

This guideline does not apply to sites located on unpatented Crown land.

Potential Hazards from Waste Disposal Sites (2.0)

Potential hazards associated with waste disposal sites include:

1. contamination of ground and surface water;
2. methane gas production and migration;
3. leachate (liquid) production and migration;
4. land subsidence due to waste settling and decomposition; and
5. other hazards.

Registration on Title (3.0)

Requirements imposed by a Director upon any waste disposal site as conditions in an Environmental Compliance Approval become part the approval.

Section 19(1) EP Act (3.1)

Conditions in an Environmental Compliance Approval bind the successor or assignee of the interest in the land.

Registration (3.2)

The Director will require in a condition of the Environmental Compliance Approval that the site has registration on title using appropriate registry procedure. Procedures can be found in either of the following Acts:

1. The Land Registry Act
2. The Registry

Section 197, EP Act (3.3)

A control document affecting land can require that the land not be sold unless the purchaser is first notified of the problem by being given a copy of the control document; such a requirement can be registered on title (a form to be used for such registration has been prescribed by O. Reg. 14/92 and O. Reg. 15/92 of the EPA and Ontario Water Resources Act, respectively); a purchaser of land can void the purchase if the purchaser was not given a copy of the control document as required (EPA, Section 197). [Note: The requirement that land not be sold without a warning would not be effective when the land is owned by a corporation and a new owner buys the shares of the corporation; presumably, persons conducting business such as this can protect themselves.]

Buffer Zones (4.0)

The following sections discuss the requirements for buffer zones surrounding operating waste disposal sites and new waste disposal sites.

Operating Waste Disposal Sites (4.1)

Table 4.1 addresses buffer zones requirements for waste disposal sites.

New Waste Disposal Sites (4.2)

The requirements detailed in Conditions 3, 4 and 7 of Regulation 232 and those requirements identified in Item (a) of Table 4.1 apply to buffer zones for all new waste disposal sites.

Abandoned Waste Disposal Sites (5.0)

When potential hazards noted under Section 2 above have been identified at abandoned waste disposal sites, the following measures identified in Section 5.1 and 5.2 may be employed to notify the public of the hazards.

Director’s Actions (5.1)

The Director may perform any of the actions listed in Table 5.1:

Municipalities' Actions (5.2)

Municipalities may control potential hazards by invoking the measures under Section 5.1(b) and (c) above, or by municipal ownership of the property.

PIBS 3073e01