This guide was written to provide information on the Environmental Activity and Sector Registry (EASR). Its requirements should not be taken as legal advice.

All requirements relating to registration of activities in relation to an end-of-life vehicles waste disposal site in the EASR are contained in Part II.2 of the Environmental Protection Act (EPA), Ontario Regulation (O. Reg.) 245/11 (Registrations Under II.2 of the Act – General) and O. Reg. 85/16 (Registrations under II.2 of the Act – End-of-Life Vehicles), which can be found on Ontario’s e-Laws website.

Note that references to sections of O. Reg. 245/11 (Registrations Under II.2 of the Act – General), O. Reg. 85/16 (Registrations Under II.2 of the Act – End-of-Life Vehicles), and Regulation 347 of the Revised Regulations of Ontario (General – Waste Management) made under the EPA as well as references to the EPA itself are made throughout this guide. Readers are recommended to refer to the EPA and these regulations for the exact legal language when reading this guide.

Background

This guide provides information about registering prescribed activities engaged in at an end-of-life vehicle (ELV) waste disposal site in the Environmental Activity and Sector Registry (EASR).

An ELV is a motor vehicle or motor vehicle hulk that has been abandoned, or is being managed for the purposes of recycling it, reusing it for a purpose other than an operable motor vehicle, or disposal. ELV waste disposal sites are where ELVs are managed. The management of ELVs includes collecting, handling, transporting, storing, processing and disposing of it. ELV has replaced the term ‘derelict motor vehicle’, which was previously found in Regulation 347 of the Revised Regulations of Ontario (General – Waste Management).

The EASR is an online registry. Businesses engaging in prescribed activities are required to register them in the EASR rather than apply for an ECA in respect of the activities. This can save businesses time and money, as ECAs require various forms, engineering design documents and studies. Registration in the EASR can be completed expediently, and can be done from any computer with access to the internet. A person required to register activities in the EASR must meet operational requirements set out in regulation.

As of September 30th, 2016, all prescribed activities related to ELV waste disposal sites were required to register in the EASR pursuant to O. Reg. 85/16 (Registrations under II.2 of the Act – End-of-Life Vehicles) (“O. Reg. 85/16”). Also, as of that date ELVs were designated as a waste under Regulation 347 and the derelict motor vehicle site exemption no longer applied. This means that Part V of the EPA and related regulations, including Regulation 347, applies to ELV waste disposal sites. Businesses not required to register their activities in the EASR may be required to operate under an environmental compliance approval (ECA) for their ELV waste disposal site, equipment that may discharge contaminants to the air, or both.

As of September 30th, 2017, the activity requirements in sections 7 and 8 of O. Reg. 85/16 come into force. The requirements in subsections 5.1 (5) to (8) of Regulation 347 also come into force on that date. As such, the ELVs and any wastes removed from ELVs must be managed in accordance with the applicable requirements.

An ELV waste disposal site required to register in the EASR that is operating under an existing ECA may continue to operate under the ECA until March 30th, 2018, at which time the prescribed activities must be registered in the EASR.

Registering an ELV waste disposal site in the EASR

Prescribed activities

The owner or operator of a waste disposal site must determine whether the site is an “ELV waste disposal site” by determining whether the criteria set out in section 3 of O. Reg. 85/16 are met. The prescribed activities set out in section 4 of O. Reg. 85/16 in relation to waste are the use, operation, establishment, alteration, enlargement or extension of an ELV waste disposal site. These prescribed activities must be registered in the EASR.

Throughout this guide these prescribed activities will be referred to as “the waste activities”, and the criteria that a waste disposal site must meet in order to be an ELV waste disposal site will be referred to as “the waste criteria”.

Note that activities related to equipment with air emissions used at the ELV waste disposal site may also be required to be registered in the EASR. The prescribed activities set out in section 5 of O. Reg. 85/16 in relation to air emissions include the use, operation, construction, alteration, extension or replacement of any structure, equipment, apparatus, mechanism or thing that meets the prescribed criteria, and is used at an ELV waste disposal site, and that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water. This could include any equipment used to crush or cut ELVs or other permitted materials.

The prescribed activities include the alteration of a process or rate of production with respect to the equipment at the ELV waste disposal site that results in one of the following:

  • a contaminant such as air or noise emissions being discharged into any part of the natural environment other than water
  • the rate or manner of discharge of a contaminant into any part of the natural environment other than water

Throughout this guide these prescribed activities will be referred to as “the air activities”, and the criteria that the equipment must meet in order for the equipment to be subject to registration in the EASR will be referred to as “the air criteria”.

If the air activities at an ELV waste disposal site do not meet the air criteria outlined in O. Reg. 85/16, an ECA may be required for these activities in addition to registration in the EASR for the waste activities at the ELV waste disposal site. If an activity does not meet all of the specified criteria set out in O. Reg. 85/16 in respect of the ELV waste disposal site, the person engaging in the activity cannot register the activity in the EASR and it may be subject to the requirement to obtain an ECA.

Waste criteria

Overview

O. Reg. 85/16 sets out criteria that a waste site must meet in order to be an ELV waste disposal site. If the criteria are met, the ELV waste disposal site must register in the EASR. A waste disposal site is an ELV waste disposal site if it meets the following criteria:

  • End-of-life vehicles are managed at the waste disposal site
  • None of the following wastes are managed on the property upon which the waste disposal site is situated, unless the wastes are generated on the property:
    • Biomedical waste or treated biomedical waste
    • Asbestos waste, other than waste that results from the removal of asbestos-containing components from a motor vehicle.
    • PCB waste.
    • Radioactive waste.
  • If there is a thermal treatment site on the property upon which the waste disposal site is situated, at least one of the following criteria is met:
    • An environmental compliance approval has been issued in respect of the thermal treatment site, or
    • The thermal treatment site is a waste-derived fuel site that includes a combustion unit used principally for heating the interior of a building or other enclosed space for the comfort of occupants or for a suitable temperature for materials (including plant or animal life) in the building or enclosed space and the site is located in the Territorial District of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay or Timiskaming).
  • No disposal of waste takes place on the property upon which the waste disposal site is situated unless one of the following criteria is met:
    • An environmental compliance approval has been issued that permits the disposal of the waste.
    • If the waste is disposed of using thermal treatment, an environmental compliance approval has been issued in respect of the thermal treatment site, or the thermal treatment site is a waste-derived fuel site that includes a combustion unit used principally for heating the interior of a building or other enclosed space for the comfort of occupants or for a suitable temperature for materials (including plant or animal life) in the building or enclosed space and the site is located in the Territorial District of Algoma, Cochrane, Kenora, Manitoulin, Nipossing, Parry Sound, Rainy River, Sudbury, Thunder Bay or Timiskaming).
  • The waste disposal site and any activity being engaged in on the property upon which the waste disposal site is situated are not identified as a significant drinking water threat in a source protection plan approved under the Clean Water Act, 2006.

The following may also be done at an end-of-life vehicle waste disposal site:

  • Components or other materials removed from an end-of-life vehicle may be managed at the site whether the removal happened on or off the site. However, fluids removed from an end-of-life vehicle shall not be managed at the site if the fluids were removed off the site.
  • Metal or other material that is primarily metal by weight may be managed at the site if the metal or other material is destined for a site at which it is to be used in a commercial, manufacturing or industrial process or operation, as long as the principal purpose of that use is not waste management or combustion.

In general, if your ELV waste disposal site does not meet the EASR waste criteria an ECA is required for your waste and air (if applicable) activities. A Guide for Applying for an Environmental Compliance Approval is available online. Note however, that if the ELV waste disposal site meets the criteria set out in paragraph 1 or 2 below, the waste activities at the site are not prescribed activities (no EASR registration required) and no ECA is required in respect of the activities (see subsection 4 (2) of O. Reg. 85/16 and 5.1 of Reg. 347):

  1. The only management of ELVs at the site is the removal of parts from ELVs for reuse and the collection, handling transportation, storage, and transfer of ELVs, not more than 2 ELVs are received at the site in a year and no more than 10 ELVs are stored at the site at any one time.
  2. The only management of ELVs at the site is the collection, handling transportation, storage, and transfer of ELVs and no ELV at the site is stored or handled at the site for more than 180 days.

The activities to be registered must be engaged in at an end-of-life vehicle waste disposal site that manages ELVs, components or other materials removed from an ELV (e.g., internal combustion engine, radiator fluid), and metal or other material that is primarily metal by weight that is destined for a site to be used in a commercial, manufacturing or industrial operation so long as the use is not principally waste management or combustion  (see subsection 3 (1) and (2) of O. Reg. 85/16). Please note however, that fluids removed from an end-of-life vehicle at an off-site location, cannot not be accepted or managed at the ELV site.

I like to restore old cars in my spare time. Will I have to register the ELV Waste Disposal Site in the EASR?

O. Reg. 85/16 does not apply to sites where the only management of the ELV is the removal of parts for reuse, and the collection, handling, transportation, storage and transfer of ELVs if, the site never has more than 10 ELVs stored at the site at any one time and does not receive more than two ELVs in any 365 day period. If the site meets all of these criteria as set out in subsection 5.1 (1) of Regulation 347, the waste activities at the site are not required to be registered in the EASR (See section 5 of Regulation 347 and subsection 4(2) of O. Reg. 85/16).

I have more than 10 ELVs, but I do not engage in processing or dismantling, do I need to register?

O. Reg. 85/16 does not apply to sites where management of ELVs is only the collection, handling, transportation, storage and transfer of the vehicles if each ELV managed at the site is not stored or handled at the site for more than 180 days. If the site meets all of these criteria as set out in subsection 5.1 (2) of Regulation 347, the waste activities at the site are not required to be registered in the EASR (See section 5 of Regulation 347 and subsection 4 (2) of O. Reg. 85/16).

Biomedical, asbestos, PCB, and radioactive waste

One of the criteria that must be met in order for a waste disposal site to be an ELV waste disposal site, is that none of the following wastes are managed on the property upon which the waste disposal site is situated, unless the wastes are generated on the property:

  • Biomedical waste or treated biomedical waste, as defined in the ministry publication entitled “Guideline C-4: The Management of Biomedical Waste in Ontario”, dated November 2009, as amended from time to time.
  • Asbestos waste, as defined in subsection 1 (1) of Regulation 347 other than waste that results from the removal of asbestos-containing components from a motor vehicle.
  • PCB waste.
  • Radioactive waste.

Persons that manage wastes must ensure that all applicable municipal, provincial, and federal requirements are met. By way of example, any PCB waste as defined under Regulation 362 of the Revised Regulations of Ontario 1990 (Waste Management – PCBs) generated and managed on the property upon which an ELV waste disposal site is situated, is subject to the requirements in that regulation. If the PCB waste managed on the property was not generated at the property, the waste disposal site on the property managing ELVs would not meet the criteria of an ELV waste disposal site and would not be able to register in the EASR. An ECA may be required for these activities.

Can I manage asbestos waste on my site and register in the EASR?

Only asbestos-containing components removed from an ELV on your site may be managed on the ELV waste disposal site. Such waste must be managed in accordance with all applicable regulations, including Regulation 347 under the EPA, and the Occupational Health and Safety Act and other applicable regulations administered by the Ministry of Labour. For example, aftermarket asbestos containing brake pads can be found in some ELVs. These brake pads would have to be removed from an ELV prior to any crushing, shredding, or shearing, and all regulatory requirements under the EPA, the OHSA, and any other federal, provincial, or municipal acts or regulations would apply.

Asbestos Containing Materials (ACMs), or materials thought to contain asbestos, must be handled, stored, transported, and disposed of in a manner consistent with all applicable regulations.

Additional information on asbestos can be found in O. Reg. 490/09, O. Reg. 278/05, and Regulation 833 and can be found on the Ontario e-Laws webpage. Additionally, the Ministry of Labour provides information related to asbestos management on their website.

Thermal treatment

If there is a thermal treatment site located upon the property on which your waste disposal site is situated, the waste treatment site must meet at least one of the following criteria in order for the waste disposal site to be considered an ELV waste disposal site (see paragraph 3 of subsection 3 (1) O. Reg. 85/16):

  • You must have an ECA for that thermal treatment site, or
  • The thermal treatment site is a waste-derived fuel site to which subsection 28.6(1) of Regulation 347 does not apply because you are operating in a location prescribed by subsection 28.6(2).

What areas of the province are allowed to use or operate a waste-derived fuel site described in subsection 28.6 (1) under subsection 28.6 (2) of Regulation 347?

The territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay or Timiskaming.

Waste disposal

In order to be an ELV waste disposal site, no waste may be disposed on the property upon which the waste disposal site is situated unless (paragraph 4 of subsection 3 (1) of O. Reg. 85/16):

An ECA permits disposal of waste on the same property as the ELV waste disposal site. If for example a person is disposing of wastes through burning, burying, or landfill on the same property upon which the waste disposal site is situated, the waste disposal site would not be an ELV waste disposal site and the activities engaged in at the site would not be eligible for registration in the EASR unless an ECA is also issued in respect of the waste disposal, or if the waste is disposed of using thermal treatment, an ECA has been issued for that thermal treatment site, or the thermal treatment site is a waste-derived fuel site to which subsection 28.6(1) of Regulation 347 does not apply because you are operating in a location prescribed by subsection 28.6(2).

Drinking water threats

To be an ELV waste disposal site, the waste disposal site and any activity being engaged in on the property upon which the waste disposal site is situated cannot be identified as a significant drinking water threat (paragraph 5 of subsection 3 (1) of O. Reg. 85/16:

If a waste disposal site or an activity engaged on the property on which the site is situated has been identified as a significant threat to drinking water, the waste activities will not be eligible for registration in the EASR. If a waste disposal site operator is unsure whether or not the site has been identified as a significant drinking water threat in a source protection plan, the local conservation authority or ministry district office may be contacted for more information.

Air criteria

If a waste disposal site meets all waste criteria (as outlined above) and is therefore an ELV waste disposal site, the air activities at the site that meet the air criteria must also be registered in the EASR. It is important to note that not meeting the criteria in relation to air activities does not negate the requirement to register the waste activities in the EASR. If the waste criteria are met, the ELV waste disposal site must be registered in the EASR. If, however, one or more of the air criteria described below are not met, an ECA may be required in respect to the air activities engaged in at the ELV waste disposal site.

Shredding equipment

The use, operation, construction, alteration, extension or replacement of a shredder that is used or operated to shred metal at an ELV waste disposal site is not a prescribed activity.

If a shredder is used or operated to shred metal on site, the air activities in relation to the shredder may not be registered in the EASR. Instead, the shredder would be subject to the requirement to obtain an environmental compliance approval before it may be operated onsite. However, this does not negate the requirement to register the waste activities that meet the waste criteria in the EASR.

Cutting equipment that uses heat

For persons that engage in the cutting of metal using heat, the thickness of the metal being cut must not be greater than 250mm in thickness in order to meet the air criteria (See paragraph 3 of subsection 5 (2) of O. Reg. 85/16).

If metal being cut using heat exceeds 250 mm in thickness, the air activities relating to the cutting of the metal at the ELV waste disposal site are not eligible for registration in the EASR.

Crushing equipment

For persons that operate crushing equipment for the purposes of crushing or shearing metal, one of the following requirements must be met in order to meet the air criteria (See paragraph 4 of subsection 5 (2) of O. Reg. 85/16):

  1. The crusher/shearer is more than 250 m from the property boundary of the nearest noise receptor; OR
  2. The crusher/shearer is less than 250 m from noise receptor, and you have installed an acoustic barrier that breaks the line of sight between the crusher or shearer and the noise receptor, and the barrier has a density of at least 20 kg/m2; OR
  3. You use or operate the crusher or shearer for 50 days a year or less.

Figure 1 below provides an example of a site where there is a distance between the crushing/shearing equipment and the property boundary of the nearest noise receptor of >250m.

Title: More than 250m Distance from Crusher or Shearer - Description: This figure provides an example of a site where there is a distance between the crushing/shearing equipment and the property boundary of the nearest noise receptor of greater than 250m. If crushing/shearing equipment is located at a distance greater than 250m from the property boundary of the nearest noise receptor, it meets the set back distance for air elgibility.

Figure 1: More than 250 m distance from crusher or shearer

One way to meet the air criteria is for the operator of the ELV waste disposal site to operate their crusher or shearer from a distance that is more than 250 metres away from the property boundary of the nearest noise receptor. The distance must be measured from the edge of the crusher or shearer to the edge of the noise receptor property boundary. The measurement must be done horizontally to ensure that the shortest distance is measured between the crusher or shearer and the noise receptor’s property boundary (see s. 5 (3) of O. Reg. 85/16). If the distance between the crusher or shearer is less than 250 m, another way to meet the air criteria is to install an acoustic barrier as demonstrated in Figure 2.

Title: Acoustic Barrier between Noise Receptor and Crusher or Shearer - Description: This figure provides an example of a site where the distance between the crusher or shearer and the property boundary of the nearest noise receptor is less than 250m. In this scenario, the operator of the ELV waste disposal site can install an acoustic barrier. The figure shows how the acoustic barrier must break the line of sight between the equipment and the receptor.

Figure 2: Acoustic Barrier between Noise Receptor and Crusher or Shearer

If the distance between the crusher or shearer and the property boundary of the nearest noise receptor is less than 250 m, the operator of the ELV waste disposal site can install an acoustic barrier in order to meet the air criteria in O. Reg. 85/16. The acoustic barrier must meet the following criteria:

  • breaks the line of sight between the crusher or shearer and the noise receptor; and
  • has a density of at least 20 kg/m2

An acoustic barrier means a wall, berm, wall/berm combination or similar structure, used as a noise control measure, and high enough to break the line-of-sight between the source and the receptor. The barrier should be structurally sound, appropriately designed to withstand wind and snow load, and constructed without cracks or surface gaps. Any gaps under the barrier that are necessary for drainage purposes should be minimized and localized, so that the acoustical performance of the barrier is maintained.

Alternatively, if the operator of the ELV waste disposal site cannot meet either of the previous requirements, a third way to meet the air criteria would be to operate crushing or shearing equipment for a maximum of 50 days per calendar year. Otherwise, if the air criteria are not met, an ECA may be required for these air activities at the ELV waste disposal site.

The EASR – Registering and beyond

Learn how to register, update or remove a business from the EASR.

Overview of how to determine if activities at ELV waste disposal sites are to be registered in the EASR

There are two major components:

  1. ELV waste disposal site criteria
  2. equipment with air emissions criteria

To register activities engaged in at an ELV waste disposal site in the EASR, all the waste criteria outlined in O. Reg. 85/16 must be met. If the waste criteria are met, air activities at the site must also be registered in the EASR if the air criteria are met.

It is important to note that activities relating to equipment with air emissions must take place at an ELV waste disposal site for the activity to be registered. If the criteria related to this equipment are not met, an operator of the ELV waste disposal site may still register their waste activities in relation to the ELV waste disposal site, however an ECA may be required for the equipment with air emissions that are used on site.

See Figure 3 for a graphic representation of the process for determining if waste and air activities at an ELV waste disposal site must be registered in the EASR. The following questions complement Figure 3 and should be read in conjunction with the schematic:

  1. Does your site store ELVs for more than 180 days? Does your site engage in anything other than the collection, handling, transportation, storage and/or transfer of ELVs? If the answer to both of these questions is NO, you are not required to register the site’s activities in the EASR. If the answer to either of these questions is YES, the activities at the site may have to be registered in the EASR.
  2. Does your site have more than 10 ELVs on site? Does your site receive more than 2 ELVs per year?  Does your site engage in anything other than the removal of parts from end-of-life vehicles for reuse and the collection, handling, transportation, storage and transfer of end-of-life vehicles? If the answer to each of these questions is NO, you are not required to register your activities in the EASR. If the answer to one or more of these questions is YES, you may have register in the EASR.
  3. If the site does not meet the criteria set out in paragraphs 1 or 2 above, you may have to register your activities in the EASR. If you meet the waste criteria - you must register your waste activities. Sites that do not meet the waste criteria will need to obtain an ECA.
  4. If your site meets the air criteria, these activities must also be registered in the EASR. Note that you may only register these air activities if your site meets all waste criteria. If your site meets both waste and air criteria, these activities must be registered in the EASR. If your site meets the waste criteria but does not meet the criteria for air, you must register in the EASR for your waste activities, and you may be required to obtain an ECA for your air activities.

Text Box: Figure 3: Determining EASR eligibility for an ELV waste disposal site

Enlarge image

Figure 3: Determining EASR eligibility for an ELV waste disposal site

Registration exemptions

A person who engages in an activity prescribed by sections 4 or 5 of O. Reg. 85/16 is exempt from the requirements of clauses 20.21(1) (a) and (b) of the EPA if the ELV waste disposal site has already been registered. For this exemption to apply, the registration in respect of the registered activity must not be suspended or removed.

This exemption relieves a person from the requirement to register activities in the EASR  relating to changes or modifications to the ELV waste disposal site or the equipment that is operated at the site – if prescribed activities at the ELV waste disposal site have previously been registered in the EASR. If an ELV waste disposal site has registered prescribed activities in the EASR but has made any changes or modifications to the site or equipment operated at the site, the site will not have to re-register its activities related to the changes or modifications so long as the site continues to meet the requirements of O. Reg. 85/16. This exemption does not apply for registrations that have been suspended or removed from the EASR.

It should be noted that if the changes or modifications at the site would result in the waste disposal site no longer meeting the waste or air criteria, the activities at the site may cease to be regulated by the EASR regime and may require an ECA.

Continue to meet Operational Requirements

Once registered, ensure your ELV waste disposal site continues to meet the EASR ELV waste disposal site waste and air (if applicable) criteria. You are also responsible for ensuring your ELV waste disposal site meets all the requirements in O. Reg. 85/16 which details requirements for operating an ELV waste disposal site in the EASR, and all other applicable Ontario laws that may apply to your site.

See Chapter 3 of this guide Operational Requirements for ELV Waste Disposal Sites for more information.

Keep your registration information up to date

Make sure the information you have filed in the EASR is up to date and your site continues to meet all regulatory requirements.

If any of the information in your registration changes you must update the information within 30 days of the change.

Activities occurring at an ELV waste disposal site may be subject to other regulatory requirements that are not described in this document, such as other provincial regulations, municipal by-laws or federal regulations. It is important to note that O. Reg. 85/16 does not relieve an operator of an ELV waste disposal site from meeting such requirements unless otherwise specified.

Operational requirements for end-of-life waste disposal sites

Operational requirements for waste

Regulation 347 requirements

All operators of ELV waste disposal sites are subject to the applicable requirements in the EPA and any other applicable Acts and/or regulations (e.g. Regulation 347, O. Reg. 245/11, O. Reg. 419/05 and O. Reg. 85/16). The requirements given below are for information purposes only. The most up to date versions of these statutes and regulations should be consulted for the exact legal language. The specific sections are cited below to assist.

O. Reg. 85/16 sets out criteria for an ELV waste disposal site, and for equipment used at the ELV waste disposal site, that must be met in order for the prescribed waste and air activities to be registered in the EASR. This includes equipment used to cut, crush, shred, or shear an ELV or other prescribed materials.

Pursuant to subsection 5.1 (5) of Regulation 347, as of September 30, 2017, no person shall shear, crush or shred an ELV, or cause or permit the shearing, crushing or shredding of an ELV, unless the specified materials have been removed from the ELV. Items that must be removed from an ELV prior to shearing, crushing or shredding can be found in Table 1 below:

Table 1- Materials and substances that must be removed from an ELV
a. Batteries
b. Battery cable connectors that contain lead
c. Electrical switches that contain mercury
d. Fluids (as defined in O. Reg. 85/16)
e. Tires
f. Tire weights that contain lead
g. Asbestos waste
h. Any other materials set out in a document entitled “Materials to be removed from end-of-life vehicles prior to shredding, crushing or shearing” dated March 7, 2016 , as amended from time to time

The document “Materials to be removed from end-of-life vehicles prior to shredding, crushing, or shearing” allows the ministry to set out additional materials that must be removed from ELVs prior to shredding, crushing or shearing a vehicle in the future. The ministry recognizes that the manufacturing of vehicles is an evolving process, and the materials used in the manufacturing of vehicles today may change in 10 or 15 years. This document will allow the ministry to set out additional materials that pose risk to the environment when not managed appropriately. Currently, there are no additional materials on this list.

In addition to the material listed in Table 1, there are other materials that can be found in ELVs that must be removed and are already covered through requirements found in other regulations. By way of example, O. Reg. 463/10: Ozone Depleting Substances and Other Halocarbons, requires the removal of all liquid or gas refrigerants from an ELV (see section 41 of O. Reg. 463/10).

O. Reg. 463/10 states that a person shall not dismantle, destroy, recycle, incinerate or dispose of by depositing in a dump or landfilling site refrigeration equipment or a container that has contained a refrigerant unless a notice has been affixed to the equipment or container, and the equipment or container must be dealt with in a manner authorized under the Act. This notice, completed by a certified person, requires the certified person to determine that the refrigeration equipment or container no longer contains a refrigerant (see section 32 of O. Reg. 463/10).

For all of the applicable requirements for removal of refrigerants that may pertain to the ELV waste disposal site, please refer to O. Reg. 463/10: Ozone Depleting Substances and Other Halocarbons.

Fluid requirements

Any person who engages in an activity prescribed by O. Reg. 85/16 must ensure that all fluids have been removed and collected from all material permitted to be managed at the site prior to shearing, crushing or shredding (see paragraph 1 of subsection 7 (1)). The removal of fluids must occur on an impermeable surface that has a spill containment system, and under a covered structure so as to prevent precipitation from coming into contact with the fluids or the components from which the fluids are being removed.

Shearing, crushing and shredding requirements

Any shearing, crushing or shredding equipment must either be used and operated in an area with a spill containment system, or the equipment used to shear, crush or shred the waste must have a spill containment system (see paragraph 3 of subsection 7 (1)).

A spill containment system as defined in O. Reg. 85/16 is a system that prevents the discharge of a pollutant from becoming a spill, or prevents a pollutant from entering a sewage works or other system that is not designed to contain or handle the discharge.

Storage requirements

The registrant must remove and collect all batteries from an ELV and store them in a manner so as to prevent precipitation from coming into contact with the battery, and to prevent the short circuiting of the battery (see paragraph 4 of subsection 7 (1)).

All electrical switches that contain mercury, battery cable connectors that contain lead and tire weights that contain lead that have been removed and collected from an ELV and all fluids that have been removed from a material that is permitted to be managed at an ELV waste disposal site shall be stored in separate containers that meet the following requirements (see paragraph 5 of subsection 7 (1)):

  • Are stored above ground;
  • Bear a label on which the contents of the container are clearly identified;
  • Are designed or protected in such a manner so as to prevent precipitation from coming into contact with the contents of the container;
  • Are capable of storing its contents without any degradation or deterioration of the container or any leaks; and
  • If the contents of the container are fluids or electrical switches that contain mercury, the container is closed and sealed when not in active use.

Additionally, fluids that are removed from a material that is permitted to be managed at an ELV waste disposal site must be stored, handled, and maintained so as to prevent leaks or spills of the fluid, and to prevent damage to or deterioration of the container in which the fluid is stored.

What is the maximum storage time for the materials described above?

Batteries, all fluids, electrical switches that contain mercury, tire weights and battery cable connectors that contain lead that have been removed and collected from an ELV must not be stored for a period exceeding 24 months.

Are there any other requirements for hazardous waste and/or liquid industrial waste?

Regulation 347 requires that waste generators (e.g. ELV waste disposal sites) determine the types of waste they generate. To help guide you through the process of determining whether your ELV waste disposal site generates hazardous or liquid industrial wastes, please refer to the “Registration guidance manual for generators of liquid industrial and hazardous waste”.

If your ELV waste disposal site produces subject waste the site must register with HWIN (Hazardous Waste Information Network). HWIN enables users to create and process manifests and to pay hazardous waste fees online.

For assistance with generator registration, manifesting and other HWIN related questions, please contact:

HWIN Help Desk
Monday to Friday (8 a.m. to 5 p.m.)
Toll-free: 1-866-494-6663

All other requirements under Regulation 347 that may be applicable to the management of these wastes would also apply to the site.

All wet components, which is any component removed from an ELV that contains a fluid (e.g. internal combustion engine, transmission, or radiator) must be stored as follows (see paragraph 8 of subsection 7 (1)):

  • On an impermeable pad;
  • In a manner that prevents precipitation from coming into contact with the wet component.

This could be achieved by either storing the components under a covered structure, which prevents any precipitation from coming into contact with the components, or in containers suitable for storing the contents.

Spill prevention and management plan

The site must develop and implement a spill prevention and management plan that includes (at a minimum) the following requirements (see paragraph 9 of subsection 7 (1)):

  • The procedures and materials to be used for the clean-up of a spill of any chemical or waste that is or will be present at the site;
  • The location of all floor drains;
  • The location of materials that may be used to temporarily seal drains in the event of a spill;
  • The names of the persons to be notified in the event of a spill; and
  • The schedule for inspecting storage areas, containers and spill containment systems.

Any materials that have or will be used to clean up spills at the site must be stored in sealed containers prior to disposal and when not in use.

Training requirements

Every employee of the operator of the ELV waste disposal site, and any person retained by the operator, who engages in the management of material permitted to be managed at the ELV waste disposal site must receive training with respect to the following (see paragraph 11 of subsection 7 (1)):

  • Waste management legislation, regulations and guidelines that are relevant to the operation of an ELV waste disposal site;
  • Environmental concerns that pertain to a material that may be handled at an ELV waste disposal site;
  • Occupational health and safety concerns pertaining to a material that may be handled at an ELV waste disposal site;
  • The safe use and operation of equipment that may be used or operated at an ELV waste disposal site;
  • Procedures for responding to emergencies such as fires and explosions, that may occur at an ELV waste disposal site; and
  • Procedures for dealing with spills that may occur at an ELV waste disposal site, including clean up, disposal and reporting procedures.

Inspection requirements

The ELV waste disposal site must ensure that the storage areas and containers are inspected for spills and leaks at least once a week. The inspection must be completed by a person who has received the training as described above (see paragraph 12 of subsection 7 (1)).

Complaint requirements

If the ELV waste disposal site receives a complaint about the site and complaint relates to the natural environment, the district manager of the ministry must be notified. Additionally, the district manager must be notified of the incident and the events leading up to the complaint within two business days of the complaint (see paragraph 13 of subsection 7 (1)).

Equipment use and management requirements

All equipment that is used or operated at the ELV waste disposal site to shear or crush waste must only be used or operated between the hours of 7 a.m. and 7 p.m. (paragraph 14 of subsection 7 (1)). Access to the ELV waste disposal site is only allowed when an attendant is on duty and is trained in the matters described in paragraph 11 (paragraph 16 of subsection 7 (1)). All equipment that is used to shear or crush waste or remove fluids from a waste must be operated and maintained in a way that satisfies the recommendations of the manufacturer of the equipment (paragraph 16 of subsection 7 (1)).

Tire storage requirements

If there are tires stored on the property upon which the ELV waste disposal site is situated, unless an ECA provides otherwise, the following criteria must be met (see paragraph 17 of subsection 7 (1) and subsection 7 (2)):

  • The total number of tire units stored on the ELV waste disposal site must be less than 5000; and
  • The total volume of all stored piles of tire units at the site must be less than 300 cubic meters.

Air activity operational requirements

If a person engages in an activity prescribed by section 5 of O. Reg. 85/16 in respect to equipment used at the ELV waste disposal site that may discharge a contaminant to the air, the following requirements must be complied with:

  • The operator must develop and implement at the ELV site:
    • a program to minimize any visible emissions into the air being carried beyond the boundary of the property upon which the site is situated;
    • a program to minimize dust being carried beyond the boundary of the property upon which the site is situated.
  • Any equipment that is being used to shear or crush a material or mechanically remove fluids from a material permitted to be managed at the site must be used, operated and maintained in a way that is consistent with the recommendations of the manufacturer of the equipment.
  • Any equipment, apparatus, mechanism or thing used or operated to cut metal is not used or operated in a manner that will result in a visible emission into the air being carried beyond the boundary of the property of the ELV site.

The above requirements are in addition to any other legal requirements that may apply such as those set out in O. Reg. 419/05.

What might a program to minimize dust from leaving the ELV waste disposal site look like?

A program to minimize dust from leaving the ELV waste disposal may include but not be limited to:

  • Identification and characterization of the sources of fugitive dust emissions within the facility.
  • Identification of nearby potential receptors that may be impacted by dust emissions.
  • Development of a site map and/or figures to identify the locations of fugitive sources and potential receptors.
  • Requirement of a site to plant grass or other vegetation where there is exposed dirt to prevent further erosion and therefore dust from leaving the ELV waste disposal site.
  • A truck that is leaving the site may be required to remove the dirt from its tires before leaving the ELV waste disposal site.
  • Consideration of other measures such as paved surfaces or speed controls on vehicle movements.
  • Schedule for the application of water or any other dust suppressant on roadways.

The ministry has also posted a technical bulletin on dust, Technical Bulletin: management approaches for industrial fugitive dust sources. This technical bulletin is an overview of best management practices for industrial sources of fugitive dust emissions. The information includes typical sources, their impact and the common technologies and techniques used to reduce the dust.

Documentation requirement

O. Reg. 85/16 sets out the types of records that must be created and retained for two years. The owner or operator of an ELV waste disposal site is required to retain records and be able to make the records available for inspection upon request by a provincial officer. The requirements for these records are outlined in section 9 of O. Reg. 85/16 and are summarized below:

Table 2: Record requirements of O. Reg. 85/16
RecordDescription
Inspection, maintenance and repairs

A record of the following information with respect to each inspection, maintenance and repair of any equipment used to manage a material at the ELV waste disposal site (see paragraph 1 of subsection 9 (1)):

  • Date and summary of inspection, including, with respect to the equipment, any deficiencies identified, or any maintenance or repair performed,
  • The name of the person who performed the inspection, maintenance or repair, and
  • If the person is not an employee of the operator of the ELV waste disposal site, the name of the person’s employer or the name of the business that employs the person.

A copy of every document relating to each inspection, maintenance and repair or steps taken.  (see paragraph 3 of  subsection 9 (1))

Inspection of storage areas and containers

A record of the following information with respect to each inspection of any storage areas and containers (see paragraph 2 of subsection 9 (1)):

  • Date and summary of inspection with any unsatisfactory conditions observed or discovered and the steps taken to correct such conditions,
  • The name of the person who performed the inspection, maintenance or repair, and
  • If the person is not an employee of the operator of the ELV waste disposal site, the name of the person’s employer or the name of the business that employs the person.

A copy of every document relating to each inspection, maintenance and repair, or steps taken.  (see paragraph 3 of subsection 9 (1))

Complaints

A record of the following information with respect to each complaint received about the ELV waste disposal site that relates to the natural environment

  • The date and time each complaint was received
  • A copy of the written complaint, if applicable
  • A summary of the complaint, if it is not a written complaint
  • A summary of the measures taken, if any, to address the complaint

(see paragraph 4 of subsection 9 (1))

Training

A record of the following information with respect to the training described above:

  • The name of every person who has received training
  • The date or dates upon which the person received or refreshed their training
  • Copies of all materials that are used for the training

(see paragraph 5 of subsection 9 (1))

Spills of a pollutant from a container or spill containment system

A record of the following information with respect to spills of a pollutant from a container or a spill containment system:

  • The date, time, location and duration of the discharge of the pollutant
  • The identity of the pollutant discharged
  • The quantity of the pollutant discharged
  • The circumstances and cause of the spill
  • The details of the containment and clean-up efforts
  • An assessment of the success of the containment and clean-up efforts
  • A description of any adverse effects observed as a result of the spill
  • The ELV waste disposal site must record where the spill occurred and how the plant, animal or any part of the natural environment is disposed of and affected by the pollutant
  • The location of the disposal site

(see paragraph 6 of subsection 9 (1))

VIN report

A record of the manufacturer vehicle identification number for every ELV managed on the ELV waste disposal site

(see paragraph 7 of subsection 9 (1))

Record of crushing and shredding

A record of the dates and times of all shearing, crushing and shredding taking place on the ELV waste disposal site

(see paragraph 8 of subsection 9 (1))

There are additional requirements in Regulation 347 that must be followed when managing an ELV. Subsection 5.1 (5) of Regulation 347 identifies a list of materials that must be removed prior to shearing, crushing, or shredding an ELV. Subsection 5.1 (6) of Regulation 347 requires a person who removes one or more of the items listed in subsection 5.1 (5) to complete and issue a certificate with respect to the ELV or shipment of ELVs that confirms those items have been removed. More information on this certificate can be found below.

Regulation 347 certificate requirements

A person who removes one or more items listed in Table 1 of this guide from an ELV must, if there are no items listed in the Table left in the ELV after the removal, complete and issue a certificate with respect to the ELV or a shipment of ELVs that includes the following information:

  1. If the person completing the certificate is the operator of an ELV waste disposal site, the EASR registration number that appears on the confirmation of registration must be included;
  2. If the person completing the certificate is the operator of an ELV waste disposal site and they currently have an ECA, the number on the ECA must be included;
  3. If the person completing the certificate is the operator of a waste disposal site outside of Ontario, the address of the site and the number of any applicable approval;
  4. The contact information of the person completing the certificate, including the person’s name, business address, telephone number and email address, if any; and
  5. A statement from the person completing the certificate confirming that there are no items listed in subsection 5.1 (5) of the Regulation 347 left in the end-of-life vehicle
  6. An electronic or paper copy of a certificate completed must be retained for a minimum of two years. The certificate must be kept by the person who completed and issued the certificate at the location where the item was removed. An additional copy must be kept by the person who received the certificate at the location where the ELV was crushed or shredded or sheared (see subsections 5.1(6) to (8) of Regulation 347).