Non-hazardous waste transportation systems user guide for Environmental Activity and Sector Registry
This guide has been developed to provide detailed information on the proper use of the Environmental Activity and Sector Registry (EASR) for the waste management sector and other interested members of the public. This guide applies to waste management systems that collect, handle, transport and/or transfer certain types of waste.
Introduction
Disclaimer
While this guide was written to provide information on the Environmental Activity and Sector Registry (EASR) requirements it should not be construed as legal advice. All requirements relating to registration on 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. 351/12 (Registrations under II.2 of the Act – Waste Management Systems), which can be found on Ontario’s e-Laws website.
Note that references to sections of O. Reg. 245/11, O. Reg. 351/12, as well as Regulation 347 made under the Environmental Protection Act (and the Act itself) are made throughout this guide, and readers are recommended to have a copy of the regulation itself in order to refer to the exact legal language when reading this guide.
Legislation and regulations referenced throughout this document can be found on Ontario’s e-Laws website. Guidance documents can be found through an internet search for the specific document title.
Purpose
This guide has been developed to provide detailed information and specific requirements of the Environmental Activity and Sector Registry (EASR) for the waste management sector and includes specific requirements for registering activities related to eligible waste management systems.
The systems that are the subject of this guide are waste management systems that collect, handle, transport and/or transfer certain types of waste. There may be other regulatory requirements that are not described in this document for waste management systems.
The Ministry of the Environment, Conservation and Parks (MECP) intends to update this guide regularly to ensure that it provides accurate information and guidance for those intending to register.
Overview of the Environmental Activity and Sector Registry (EASR)
EASR is an online self-registration system implemented by the MECP. It replaces the requirement for an approval for specific activities prescribed in regulation(s). As of November 18, 2012, eligible waste management systems must register in the EASR. (O. Reg. 351/12)
Registering in the EASR
The EPA and O. Reg. 351/12 requires a person who is engaging in the prescribed activities relating to waste management systems that meet the criteria set out in that regulation, to register those activities in the EASR.
For information on how to register, update, or remove an EASR, visit the EASR webpage.
The registration process requires a person seeking to register to set up a business profile, provide contact information and confirm eligibility by answering questions about the waste transportation system. Questions are also asked for the purpose of collecting additional information about the activity that may assist the ministry in auditing registrations or conducting other compliance enforcement activities. The information also benefits the public and the person engaging in the activity who may locate information in the EASR through a search of the ministry’s Access Environment website.
Requests for not being required to register in the EASR
If a person is engaging in an activity that is prescribed by regulation, a request to the Director can be made to not register or be removed from the registry. If a person makes a request prior to engaging in the activity and the Director has issued an Order under subsection 20.18 of the EPA, the Order may state that Part II.2 of the Act does not apply in respect of that activity at that site. In this instance, the person would not need to register, but may be required to obtain an environmental approval (such as an Environmental Compliance Approval (ECA)).
For more information, contact the Client Services and Permissions Branch:
- by phone at
416-314-8001 (Toll-free: 1-800-461-6290 ), Monday to Friday, 8:30 a.m. to 5:00 p.m. - by e-mail at enviropermissions@ontario.ca
Differences between registration in the EASR and an Environmental Compliance Approval (ECA)
Applying for an ECA may involve the submission of various forms, design reports and studies, among other documents, to the ministry. It is only after the review to confirm compliance with ministry requirements and issuance of an ECA by the ministry that a person may establish or operate the facility or equipment. In addition, the ECA may contain various conditions of approval that will need to be followed. For additional information about ECAs, businesses are encouraged to review the Guide to Applying for an Environmental Compliance Approval, or contact the ministry for further assistance. If activities related to a facility or equipment are prescribed by regulation for the purposes of the EASR (e.g., an eligible waste transportation system), an ECA is not required. Instead, the activity must be registered in the EASR by filing information related to eligibility criteria described in O. Reg. 351/12. The registered facility or equipment must continue to meet the eligibility criteria and comply with the operational requirements set out in the regulation.
Transitioning from an ECA to an EASR
EASR regulations have transition provisions that allow you to continue to operate under an existing ECA and do not require you to register activities EASR until 10 years from when the activities were prescribed for purposes of EASR. For a non-hazardous waste management system, the date that you are required to register the activity in the EASR is on or before November 18, 2022.
However, if you make a change that otherwise trigger an ECA amendment, then you would be required to register the activity (if eligible) at that time. You can also choose to register before the end of the transition period specified in the EASR regulation. Conditions within your existing ECA that do not relate to the activities in the EASR would continue to apply.
Ensuring compliance with the EASR requirements
The ministry’s compliance approach for the waste management systems prescribed for the EASR will be risk-based in accordance with the ministry’s Compliance Policy. This approach will utilize existing tools to assess and enforce compliance, such as compliance assistance, audits, inspections, voluntary abatement and orders to manage compliance-related matters.
In addition to the compliance actions taken by the ministry, the online EASR registry provides increased transparency, allowing individual members of the public to search geographically to find registered waste management systems that may be of relevance to them.
Further requirements a person needs to take after registration
After registering an activity, the registration information needs to remain up-to-date and that the eligible waste management system continues to meet the criteria set out in O. Reg. 245/11, O. Reg. 351/12 and Regulation 347 as applicable. These criteria are described in detail in the sections that follow in this guide.
If any information submitted at the time of registration changes, the registrant must update this information within 30 days after the day the person becomes aware that the information is no longer current or accurate. (Subsection 3 (1) of O. Reg. 245/11)
If the requirements of O. Reg. 351/12 (or other applicable regulations) are not being met, the ministry will take steps to bring facilities back into compliance using appropriate voluntary and mandatory compliance enforcement actions, which may include the issuance of orders. All of the current compliance tools used for enforcing conditions in ECAs can be used by an Environmental Officer to enforce the regulatory requirements under EASR.
In cases where a business engaging in a prescribed activity has contravened the EPA or the OWRA or a regulation made under either of the Acts, or where the confirmation of registration was provided on the basis of mistaken, false or inaccurate information, the Director, by order, may suspend or remove a registration. (Section 20.23 of the EPA). If a registration is suspended or removed, the person to whom the confirmation of registration had been provided can no longer legally engage in the prescribed activity. A person engaged in a suspended activity can request that the suspension be ended, and the Director may do so if he/she is satisfied that the reasons for the suspension no longer exist.
Summary of O. Reg. 351/12 (registrations under part II.2 of the Act – Waste management systems)
Structure of O. Reg. 351/12
The EASR regulation for waste management systems (O. Reg. 351/12) is comprised of sections which are briefly summarized below and further explained in this guide:
- Section 1 – Interpretation: This section contains definitions. In some definitions, reference is made to other legislation, which can be found on Ontario’s e-Laws website, as applicable.
- Section 2 – Prescribed Activities: This section prescribes activities related to waste management systems that are required to be registered in the EASR and sets out the eligibility criteria that must be met in order for systems to register.
- Section 3 – Registration Exemptions: When changes or modifications are made to a registered waste management system in respect of which prescribed activities have previously been registered, this section exempts a business from registering activities anew in EASR, so long as the facility continues to meet the eligibility criteria and the registration is not suspended and has not been removed from the EASR.
- Section 4 – Activity Requirements: This section sets out the various operational requirements that must be met.
- Section 5 – Records: This section sets out various record-keeping requirements, including those related to spills, complaints and training.
- Section 6 – Prescribed Date Approval Ceases to Have Effect: This section sets out how waste management systems that are prescribed for EASR, but are subject to existing ECAs, will remain valid until November 18, 2022.
Further explanation of the requirements of O. Reg. 351/12 is found in the following sections and appendices.
Definitions used in O. Reg. 351/12
Definitions are set out in section 1 of the regulation. It is recommended that persons registering their waste management systems read the definitions section before any other parts of the regulation and refer back to these definitions in reading particular sections of the regulation.
Confirming that a waste management system is eligible for the EASR
Introduction
Section 2 of the regulation describes the prescribed activities for non-hazardous waste transportation systems as the use, operation, establishment, alteration, enlargement or extension of a waste management system that meets the criteria set out in subsection (2).
If a waste management system does not meet the criteria of the prescribed activity in section 2, the waste management system cannot be registered, and may require an ECA.
General eligibility criteria
O. Reg. 351/12 sets out the criteria described below that must be met by a waste management system in order for the activities relating to a waste management system to be required to be registered in the EASR. Reference to the applicable section in O. Reg. 351/12 has been provided.
The waste management system must only transport waste by waste transportation vehicles (trucks) (O. Reg. 351/12, paragraph 1 of both subsections 2 (2) and (3)). The waste management system cannot use a vehicle that is not a waste transportation vehicle. The definition of waste transportation vehicle relates to trucks or similar motor vehicles (e.g. vans, pickup trucks, cars) on public roads. A waste transportation system can involve the vehicles or other equipment, facilities or operations that move waste beyond the boundaries of a site or from site to site. Waste management systems that involve any transportation by air, rail or barge are not eligible for registration and may require an ECA.
The waste management system must only collect, handle, transport and/or transfer waste (O. Reg. 351/12 paragraph 2 of subsection 2 (2)). The waste management undertaken as part of the system can only involve the collection, handling, transportation and transfer of waste. If any waste is stored, the criteria to register in EASR was not met.
Examples of waste transportation systems that may be eligible for EASR include:
- A waste management system for hauling sewage where all the sewage is being transported by a waste transportation vehicle to a wastewater treatment plant that is approved to accept the hauled sewage. The system would not include any in-transit storage at a site, such as the truck storage yard, or public parking lot.
- A waste management system that transports wood waste and leaf/yard waste to an approved municipal waste transfer site.
- A waste management system that transports domestic waste to an approved energy from waste facility.
- A waste management system that transports (without storage at a site) non-agricultural source material (NASM) to a location such as a farm that is authorized to receive the NASM under an approved NASM Plan.
Examples of activities that are not eligible for EASR include:
- The application of a chemical treatment or other process to the waste, either on the truck itself or at a site;
- Waste management systems that involve the storage of waste at a site (such as in-transit storage of hauled sewage in tanks at a site); and
- Land application, which is not considered to be strictly the transfer of waste.
Further detail on transporting organic wastes such as hauled sewage and NASM waste is described in Section 6 of this guide.
Can I register my activities for my waste management system if my truck contains waste and is parked overnight at a truck storage yard?
No. This is considered storage of waste and is not eligible. If waste storage is a component of the system, an ECA may be required. Waste should be transferred to a receiving facility on the same day that it is picked up.
The waste management system must not collect, handle, transfer or transport excluded waste types (O. Reg. 351/12 paragraph 2 of subsection 2 (3)). Six types of waste that cannot be transported by EASR registered systems are:
- Asbestos waste
- Biomedical waste
- Treated biomedical waste
- Hazardous waste
- Liquid industrial waste
- Waste that was characteristic waste but that has been treated so that it is no longer characteristic waste, if the waste may not be disposed of by land disposal under subsection 79 (1) of Regulation 347 (General – Waste Management) under the EPA.
These waste types are defined in Regulation 347 (General – Waste Management), and, in the case of biomedical waste and treated biomedical waste, defined in the ministry publication “Guideline C-4: The Management of Biomedical Waste in Ontario”. For convenience, these definitions are also presented in Appendix A of this guide.
A waste transportation system primarily transports non-hazardous solid industrial waste but on occasion also transports asbestos waste; is this system eligible for EASR?
No. If any of the excluded wastes, such as asbestos waste, are transported by the system, it is not eligible for registration and may require an ECA.
The waste management system must not already be exempt from requiring an approval under s. 27 of the EPA (O. Reg. 351/12 clause (b) subsection 2 (4)). There are a number of existing exemptions for the need to obtain an approval under s. 27 of the EPA found in Regulation 347. The exemption can be related to the type of waste being transported (e.g., if the system only manages agricultural wastes as defined in Reg. 347) or due to the nature of the system itself (e.g., systems that only transport intact waste batteries that are transferred by a generator and are destined for a waste battery recovery facility). If a waste management system is already exempt from requiring an approval, the system does not need to be registered on EASR.
Requirements for eligible waste transportation systems
All eligible waste transportation systems are subject to requirements in the EPA, as well as Regulation 347, O. Reg. 351/12 and O. Reg. 245/11 under that Act. The requirements are given below to provide a single source for reference. 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 with this.
Registering the waste transportation system
If a waste management system meets all of the eligibility criteria, the person engaging in the use, operation, establishment, alteration, enlargement or extension of the system must register it in the EASR. The process for registering is described in section 2 of this guide. (Clause (a) of subsection 20.21 (1) of the EPA)
When registering, how do I enter the locations where my truck(s) are stored or operating in EASR?
While registering activities in relation to a waste management system, information about the place where you are operating is required. This site information should pertain to an operational area where trucks are stored. Since some waste transportation systems can involve more than one truck storage yard, registrants should provide information about the principal truck storage yard in completing their registration. For a registered waste management system, waste cannot be stored in the truck storage yard, public lots, malls, private land or the waste transportation vehicle.
Upon request, registrants may be required to provide to the ministry additional information about all truck storage yards and routes used for the purpose of the eligible waste transportation system.
Requirements related to waste transportation vehicles (trucks)
There are minimum requirements for trucks transporting waste specified in Regulation 347 and O. Reg. 351/12 to ensure effective environmental management of waste. These are:
- Every waste transportation vehicle used for transporting the waste shall be clearly displayed with the registration number appearing on the confirmation of registration in respect of the activity. The registration number is a 14 digit identifier that is provided to the registrant upon completion of registration, displayed on the exterior of the truck in a location where it may be read clearly. (Paragraph 2 of section 4 of O. Reg. 351/12)
- All waste collection vehicles and waste carriers shall be constructed to enable waste to be transferred safely and without nuisance from storage containers to the vehicle. (Paragraph 1, subsection 16 (1) of Regulation 347)
- Bodies of waste collection vehicles and waste carriers shall be constructed to withstand abrasion and corrosion from the waste. (Paragraph 2, subsection 16 (1) of Regulation 347)
- Bodies of waste collection vehicles and waste carriers shall be leakproof and covered where necessary to prevent the emission of offensive odours, the falling or blowing of waste material from the vehicles or the release of dust or other air-borne materials that may cause air pollution. (Paragraph 3, subsection 16 (1) of Regulation 347)
Requirements related to managing waste
When registering, there is a requirement to identify the categories of waste that are being managed by the system. The operational requirement from the regulation is summarized and further explained below:
- The only waste managed by the waste management system shall be a waste in respect of which information is filed in the Registry. (Paragraph 1 of subsection 4 (1) of O. Reg. 351/12)
This means that the only waste categories that can be managed as part of the waste management system are those that are indicated when registering. If additional waste categories are managed at a later date, a registrant must update the registration prior to managing the additional waste categories. After the information is updated, and a confirmation of registration is received, the confirmation of registration and Schedule A should be printed and placed in each truck that comprises the system.
The waste categories specified in the online registration process at the time of publication of this guide are given in the list below:
- Blue Box Materials
- Domestic Sources
- Dewatered Catch Basin Clean-Out Material
- Waste from Food Processing/Preparation Operations
- Leaf/yard waste
- Tires
- Commercial Waste
- Wood Waste
- Waste Wash Water
- Non-hazardous Solid Industrial Waste
- Contaminated Soil
- Processed Organics
- Hauled Sewage
- Non-hazardous Spill Cleanup Material
The registrant can also describe any other waste not captured in one of the categories above. This does not allow the inclusion of any of the excluded waste types (e.g., hazardous waste, asbestos waste, etc.)
It is a requirement to confirm that the system will not manage the excluded waste types (e.g., asbestos waste, biomedical waste, hazardous waste, and liquid industrial waste).
At the time of registering, the waste transportation vehicles in the waste management system are intended to only manage blue box materials and domestic sources of waste (and these waste categories are checked off at the time of registration), but a year later, there is an opportunity to transport tires and processed organics. Is there anything that needs to be done?
Prior to transporting the tires and processed organics, the existing registration must be updated and the updated copy of the confirmation of registration and Schedule A must be placed in the waste transportation vehicle (provided the waste is not an excluded waste such as liquid industrial waste or asbestos waste).
All vehicles that transport waste must ensure that the place where waste is transferred or stored is authorized through an ECA. This requirement is from section 40 of the EPA, which states:
- No person shall deposit, or cause, permit or arrange for the deposit of, waste upon, in, into or through any land or land covered by water or in any building that is not a waste disposal site for which an environmental compliance approval or renewable energy approval has been issued or a registration under Part II.2 is in effect and except in accordance with the terms and conditions of the approval or the regulations made for the purposes of Part II.2.
The transfer of some specific waste types, such as for Non-Agricultural Source Material (NASM) are exempt from this requirement, when they are transferred to a site that has an approved NASM plan that governs the land application of the NASM.
There are some waste systems that transfer waste outside of Ontario to facilities or locations in other jurisdictions. Waste should only be transferred to sites that are permitted to receive the waste by the jurisdiction in which they are located.
If my waste transportation vehicle picks up domestic waste in London, Ontario, and transfers it to an approved landfill disposal site in Michigan, is this waste management system eligible for EASR?
Provided all of the eligibility requirements for the waste management system are met, activities relating to a waste management system (in this case a waste transportation vehicle) that transports domestic waste from Ontario to an approved landfill disposal site in Michigan would be eligible to register in EASR.
Insurance requirements
Eligible waste transportation systems must carry insurance. The specific requirements are as follows:
- Every waste transportation vehicle used for transporting the waste shall be insured under an insurance policy under which the minimum coverage is $2,000,000 and that includes coverage for liability resulting from spills from that vehicle. (Paragraph 3 of subsection 4 (1) of O. Reg. 351/12). A copy of the insurance policy should be retained.
- A copy of a certificate or proof that a waste transportation vehicle used for transporting waste has the insurance mentioned in the requirement above. This certificate is the “pink slip” provided as proof of policy coverage from the insurance company and must be kept inside the waste transportation vehicle. (Paragraph 4 of subsection 4 (1) of O. Reg. 351/12)
Requirements for driver training
All drivers of waste transportation vehicles must be trained in:
- The operation of the vehicle and waste management equipment;
- Relevant waste management legislation, regulations and guidelines;
- Major environmental concerns pertaining to the waste to be handled;
- Occupational health and safety concerns pertaining to the waste to be handled; and
- Emergency management procedures for the wastes to be handled.
This training may be provided by the company which operates the waste management system or by a third party. (Paragraph 9 of subsection 16 (1) of Regulation 347) The ministry has prepared “Guideline C-12 Training Requirements for Drivers of Waste Transportation Vehicles” to assist drivers and operators in the design and assessment of training related to waste transportation vehicles.
A copy of the training certificate or other proof indicating that the driver of the waste transportation vehicle has received the required training must be kept in the waste transportation vehicle. The certificate or other proof should include the driver’s name and the date of the training. (Paragraph 4 of subsection 4(1) of O. Reg. 351/12)
The registrant is also required to retain a copy of the training materials (e.g., at the office or home) that can be made available on request to the ministry. The training materials can include any written material or presentations given to the drivers to fulfill the training requirements. The training material must be retained for the period during which the waste management system operates. (Subsection 5 (2) of O. Reg. 351/12)
Documentation requirements – in vehicle
The following items must be kept inside every vehicle used to transport waste:
- A copy of the confirmation of registration in respect of the activity. A confirmation letter and Schedule A will be generated after completing the registration process. The schedule contains all of the questions and the answers that were entered during the registration process. If the registration is updated, a new confirmation letter and schedule will be generated. The most current version should be kept in each vehicle that is part of the waste transportation system.
- A certificate of insurance as previously described in this guide.
- Proof of driver training as previously described in this guide.
Other record requirements (section 5 of O. Reg. 351/12)
Other records with respect to the waste management system and waste transportation vehicles that are part of the waste management system are required to be created and retained. In addition to training materials, the records include a spill response log, and a complaints log.
Spill Response Records: If a spill as defined in Part X of the Environmental Protection Act of a pollutant occurs from a waste transportation vehicle, a record of the following information must be created and retained for 5 years from the date that the record was created:
- The date and time that the spill occurred;
- The quantity and type of the pollutant spilled;
- The location of the spill. This can include GPS coordinates or intersection information;
- The cause of the spill. For example, a motor vehicle accident due to icy road conditions;
- The action taken with respect to the spill, including whether the ministry, a municipality or person has been notified with respect to the circumstances of the spill; and.
- A summary of any operational or equipment changes that have been made to prevent a similar spill from occurring.
These records must be made available to the ministry upon request.
Guidance on spill response
Registrants should refer to the ministry publication “Spills Reporting - A Guide to Reporting Spills and Discharges” for further guidance on their responsibilities with respect to spills. The ministry’s Spills Action Centre can be reached at
Complaint Records: If a complaint is received by the person with respect to the waste management system that relates to the natural environment, records of the following must be kept for 5 years:
- The date and time when the complaint was received;
- A copy of the complaint if it is a written complaint;
- A summary of the complaint if it is not a written complaint; and
- A summary of measures taken, if any, to address the complaint.
Records can include any correspondence exchanged with the complainant or other communications such as phone calls, meeting minutes and agendas, or messages addressing the complaint.
The complaint records must be made available to the ministry upon request.
Appendix B of this guide provides a sample template for recording complaints.
The retained records do not need to be stored in the waste transportation vehicles. These records can be stored at a home, office, or other storage location, provided they can be made available to the ministry upon request.
Why do I need to keep records? What records do I need to keep?
Regulations require records to be retained so the ministry can ensure compliance with its regulations and legislation. The ministry has a range of tools and options to enforce its regulations, including documentation reviews, vehicle inspections, and the issuance of Provincial Officer Orders. If the requirements of the regulations are not being met, voluntary and mandatory compliance actions may be taken.
The ministry may also conduct an audit of registered waste management systems to determine whether all of the applicable legislative and regulatory requirements are being met. The audit may be planned or as a result of complaints or environmental incidents.
Records that may be requested during an audit can include the following:
- a copy of your EASR confirmation and Schedule A;
- an up to date certificate of insurance that specifies vehicle liability insurance of up to $2 000 000, and notes that spills from vehicles are covered;
- a copy of the driver training certificate and a copy of the training material;
- spill records; and
- records of complaints if any, and the measures taken to address them.
Other records that are useful to provide during an audit or inspection to ensure compliance include:
- a guidance procedure for what to do in case of a spill;
- a list of emergency phone numbers;
- a copy of vehicle ownership and Commercial Vehicle Operator’s Registration (CVOR);
- operating hours and contact information for the waste transfer stations that are used, and a list of transfer stations that can be used in the event of an emergency;
- a list of locations that the waste transportation vehicle is stored or parked at; and
- inspection records that indicate the body of the waste transportation vehicle is leakproof.
Specific guidance for the transportation of organic wastes
Certain organic wastes have regulatory requirements that can differ from other non-hazardous wastes, despite not being captured by the definitions of hazardous waste or liquid industrial waste. Hauled sewage is an example of an organic waste that can be transported by a waste management system and is subject to specific additional requirements under Regulation 347.
Other types of organic wastes that are classified as NASM may be subject to requirements under the Nutrient Management Act, 2002 depending on how they are managed. This section describes issues related to eligibility on EASR and some of the additional requirements that may apply to these types of waste.
EASR eligibility for transportation of organic waste
Many waste management systems that manage organic wastes are not eligible for EASR because they include the activities of waste storage or land application at a site. ECAs for hauled sewage systems have often included one or more schedules describing property locations where the hauled sewage (septage) may be land applied. Additional examples of waste management systems that may be eligible for EASR are as follows:
- A waste management system that transports only organic waste to an anaerobic digestion facility that has an ECA or Renewable Energy Approval that allows for the receipt of the waste.
- A waste management system that transports, without storage at a site, organic waste to a location, such as a mine reclamation site, that has an approved ECA for the spreading of the waste (i.e. it is a non-agricultural site).
The following examples are not eligible for EASR:
- An organic waste management system that includes the transportation and temporary storage of the waste in a tank at the truck yard.
- Any system that includes storage of waste at a site or land application at a site.
Other approvals may be required before operating.
Additional requirements for managing hauled sewage
The transportation of Hauled Sewage is subject to additional mandatory requirements, which are set out in subsection 16 (1) of Regulation 347. Some additional requirements for truck operation include restrictions on types of waste other than hauled sewage that can be transported by the system, requirements related to decontamination of the truck, and the need to maintain daily records of the hauled sewage that is collected and transported to a disposal site. These requirements will continue to apply to any waste management system that manages hauled sewage and is registered on the EASR.
Additional requirements for managing NASM or other organic wastes
If a waste management system transports NASM and meets the criteria required to register in EASR (O. Reg. 351/12), the waste must be transported to a facility that is approved (e.g. ECA, NASM Plan) to receive the waste. Waste materials destined for land application as a nutrient can be transferred to a site in accordance with O. Reg. 267/03 under the Nutrient Management Act, 2002. Registering in EASR does not allow land application without meeting the requirements of O. Reg. 267/03.
The ECA and NASM Plan approvals impose additional legal requirements on the person who manages the waste at the site (e.g. the site owner). If the registrant of a waste management system has been retained to conduct waste management activities on behalf of the site owner/responsible person and under the authority of that person’s site approval/ NASM Plan, the responsible person for the site must ensure that the waste management system operator adheres to all conditions of that plan or approval.
Appendix A: key definitions
Definitions from O. Reg. 351/12
The following definition is from O. Reg. 351/12 (under the EPA) and has been included here for reference purposes.
"waste transportation vehicle" means a motor vehicle that is used for transporting waste on a highway and includes any trailer or other vehicle drawn by it or operated in combination with it.
General definitions under Regulation 347
The following definitions are from Reg. 347 (under the EPA) and have been included here for reference purposes.
"asbestos waste" means solid or liquid waste that results from the removal of asbestos-containing construction or insulation materials or the manufacture of asbestos-containing products and contains asbestos in more than a trivial amount or proportion;
“characteristic waste” means hazardous waste that is,
- corrosive waste,
- ignitable waste,
- leachate toxic waste, or
- reactive waste;
"hazardous waste" means a waste that is a,
- hazardous industrial waste,
- acute hazardous waste chemical,
- hazardous waste chemical,
- severely toxic waste,
- ignitable waste,
- corrosive waste,
- reactive waste,
- radioactive waste, except radioisotope wastes disposed of in a landfilling site in accordance with the written instructions of the Canadian Nuclear Safety Commission,
- pathological waste,
- leachate toxic waste, or
- PCB waste,
but does not include,
- hauled sewage,
- waste from the operation of a sewage works subject to the Ontario Water Resources Act where the works,
- is owned by a municipality,
- is owned by the Crown or the Ontario Clean Water Agency, subject to an agreement with a municipality under the Ontario Water Resources Act, or
- receives only waste similar in character to the domestic sewage from a household,
- domestic waste,
- incinerator ash resulting from the incineration of waste that is neither hazardous waste nor liquid industrial waste,
- waste that is a hazardous industrial waste, hazardous waste chemical, ignitable waste, corrosive waste, leachate toxic waste or reactive waste and that is produced in any month in an amount less than five kilograms or otherwise accumulated in an amount less than five kilograms,
- waste that is an acute hazardous waste chemical and that is produced in any month in an amount less than one kilogram or otherwise accumulated in an amount less than one kilogram,
- an empty container or the liner from an empty container that contained hazardous industrial waste, hazardous waste chemical, ignitable waste, corrosive waste, leachate toxic waste or reactive waste,
- an empty container of less than twenty litres capacity or one or more liners weighing, in total, less than ten kilograms from empty containers, that contained acute hazardous waste chemical,
- the residues or contaminated materials from the clean-up of a spill of less than five kilograms of waste that is a hazardous industrial waste, hazardous waste chemical, ignitable waste, corrosive waste, leachate toxic waste or reactive waste, or
- the residues or contaminated materials from the clean-up of a spill of less than one kilogram of waste that is an acute hazardous waste chemical;
"liquid industrial waste" means waste that is both liquid waste and industrial waste but does not include,
- hazardous waste,
- hauled sewage,
- waste from the operation of a sewage works described in clause (m) of the definition of "hazardous waste",
- waste from the operation of a water works subject to the Ontario Water Resources Act or the Safe Drinking Water Act, 2002,
- waste that is produced in any month in an amount less than twenty-five litres or otherwise accumulated in an amount less than twenty-five litres,
- waste directly discharged by a generator from a waste generation facility into,
- a sewage works, other than a storm sewer, that is subject to the Ontario Water Resources Act or was established before April 3, 1957, or
- a sewage system regulated under Part 8 of the building code made under the Building Code Act, 1992,
- waste that results directly from food processing and preparation operations,
- drilling fluids and produced waters associated with the exploration, development or production of crude oil or natural gas,
- processed organic waste, or
- asbestos waste.
Biomedical waste definitions in “Guideline C-4: The Management of Biomedical Waste in Ontario”
The following definition pertains to biomedical waste.
“biomedical waste” means:
- human anatomical waste,
- human blood waste,
- animal anatomical waste,
- animal blood waste,
- microbiology laboratory waste,
- sharps waste,
- cytotoxic waste,
- waste that has come into contact with human blood waste that is infected or suspected of being infected with any infectious substance (human), or
- a waste containing or derived from one or more wastes described in clauses (a) through (h),
but does not include,
- domestic waste,
- animal anatomical waste or animal blood waste disposed of in accordance with,
- the Meat Inspection Act (Canada),
- the Health of Animals Act (Canada),
- the Health Protection and Promotion Act,
- the Food Safety and Quality Act, 2001, or
- the Nutrient Management Act, 2002.
- treated biomedical waste, or
- dialysis waste not saturated with blood or blood products that is tubing, filters, towels or disposable sheets.
“treated biomedical waste” means biomedical waste that has been treated utilizing the non-incineration treatment criteria outlined in Section 5.2. of the Guideline.
Appendix B: sample complaints record template for complaint records
The ministry has developed the template as an example of what can be used to record complaints in the required complaints log. Other information related to the complaint, such as correspondence issued or received, could be attached to this record as indicated.
Appendix C: legislation and regulations
Environmental Protection Act, R.S.O. 1990, c. E. 19
- R. R. O. 1990, Regulation 347 General – Waste Management
- Ontario Regulation 351/12 Registrations Under Part II.2 of the Act – Waste Management Systems
- Ontario Regulation 245/1 Registrations Under Part II.2 of the Act – General
Nutrient Management Act, 2002, S.O. 2002, c. 4
Ontario Water Resources Act, R.S.O. 1990, c. O.40