Permit of Equivalent Level of Environmental Safety (PELES) issued under section 190 of Canadian Environmental Protection Act, 1999


1. Permit No.

EC 04-01/8,9 (Ren 3)

2. Permit Holder

Name: Toxco Waste Management Ltd

Street Address:
9384 Highway 22A
Trail, British Columbia
V1R 4W6

Receiving Authorized Facility Address:
9384 Highway 22A
Trail, British Columbia
V1R 4W6

Telephone: 250-367-9882

Facsimile: 250-367-9875

3. Mode of Transport

road

4. Issue Date

September 24, 2013

5. Expiry Date

September 23, 2017

6. Regulations

Interprovincial Movement of Hazardous Waste Regulations (IMHWR)

7. Definitions

(1) The definitions in this subsection apply in this PELES.

a) “IMHWR” means the Interprovincial Movement of Hazardous Waste Regulations;

b) The definitions in section 1 of the IMHWR are applicable in this PELES;

c) “Consignee” is as defined in section 1 of the IMHWR and also means the Permit Holder;

d) “Consignor” is as defined in section 1 of the IMHWR and also means a participant of the program “Big Green BoxTM” registered with the Permit Holder as collection site for any hazardous waste described in section 9 of this PELES;

d) “Director” means the

Director
Waste Reduction and Management Division
Environment Canada
Place Vincent-Massey, 9th Floor
351 St-Joseph Blvd.
Gatineau, Quebec
Canada
K1A 0H3
Telephone: (819) 997-3377
Facsimile: (819) 997-3068;

e) “TDGR” means Transportation of Dangerous Goods Regulations;

f) “UN number or UN classification” means the product identification number or the classification identified in TDGR or recognized under TDGR.

8. Application

(1) This PELES is hereby granted to the Permit Holder for the purpose of transporting, within Canada, batteries and small electronic devices that meet the definition of “hazardous wastes” in section 1 of the IMHWR and that are described in section 9 of this PELES.

(2) The Permit Holder, the consignor and any authorized carrier transporting hazardous waste under this PELES, shall comply with all of the requirements of the IMHWR, except where requirements other than those of the IMHWR are expressly set out in this PELES, including the conditions and any schedules.

9. Description of Hazardous Wastes

(1) For the purpose of this PELES, a “battery” means, and is strictly limited to, any used battery that meets the criteria for inclusion in classes 8 or 9 of TDGR, as set out in the definition of “hazardous waste” in section 1 of the IMHWR.

a) “Battery” includes:

i) small and non-spillable lead-acid batteries (UN2800);

ii) lithium ion, lithium ion-polymer, lithium alloy, or lithium metal batteries (UN3090, UN3091, UN3480, UN3481);

iii) any other type of primary or secondary batteries (alkaline, nickel metal-hydride, nickel-cadmium, nickel-zinc, zinc-air, zinc-carbon, and button cells batteries) that may be described with any other applicable UN number.

b) “Battery” expressly excludes automotive, marine and other wet or spillable batteries, pursuant to the TDGR (such as those described by UN2794 and UN2795).

(2) For the purpose of this PELES, a “small electronic device” means any small electronic or electric device containing or packaged with batteries, as described in sub-section 9(1) of this PELES, or any small electronic device that meets the criteria for inclusion in classes 2 to 6, 8 or 9 of TDGR, as set out in the definition of “hazardous waste” in section 1 of the IMHWR.

Such small electronic devices include, but are not limited to, cell phones, laptops, tablets, personal organizational devices, cameras, calculators, camcorders, small cordless tools, smoke detectors.

10. Conditions

(1) This PELES authorizes the permit holder (the consignee), the consignor and any authorized carrier transporting the hazardous wastes under this PELES to transport hazardous wastes within Canada, in a manner that is at variance with sections 3 and 4 of the IMHWR, under the requirements set in subsections 10(2) to 10(7) of this PELES and under the following conditions:

a) the hazardous wastes are batteries and small electronic devices, as described in section 9 of this PELES, that are to be sorted and recycled by the permit holder; in the case where the permit holder is authorized to store but not to recycle specific types of batteries or small electronic devices at its facility identified in section 2 of this PELES, the batteries and small electronic devices must be shipped to an authorized facility to be recycled;

b) the hazardous waste must be shipped from a consignor and transported to the permit holder’s authorized facility identified in section 2 of this PELES;

c) the hazardous wastes are transported by an authorized carrier as defined in section 1 of the IMHWR;

d) the hazardous wastes are transported by the mode of transport identified in section 3 of this PELES;

e) the Permit Holder must inform the consignor and any authorized carrier transporting the hazardous wastes under this PELES of their responsibilities under this PELES, and they must have agreed to those responsibilities, prior to any transportation of the hazardous wastes within Canada.

(2) In lieu of a manifest required under subsection 3(1) of the IMHWR and of the requirements set out in subsection 3(2) of the IMHWR, a shipping document, as set out in paragraphs 10(3)(a) to 10(3)(h) of this PELES, and a certification that the information contained is true and accurate must accompany any shipment of hazardous wastes described in section 9 of this PELES.

(3) The permit holder must ensure that the shipping document, referred to in sub-section 10(2) of this PELES, includes the following information:

a) the name and the address of the consignor;

b) the name and the address of the authorized carrier;

c) the name and address of the permit holder’s authorized facility identified in section 2 of this PELES;

d) the date of shipment;

e) the scheduled arrival date at the permit holder’s authorized facility;

f) the UN classification for the set of hazardous wastes described in section 9 of this PELES;

g) the quantity of the load of hazardous wastes shipped in kg (for shipments of a box provided by the “BIG GREEN BOXTM” program, an indication that the quantity in the box will not exceed 19.5 kg is sufficient);

h) the following statement:

“Shipped in accordance with the Permit of Equivalent Level of Environmental Safety EC04-01/8,9 (Ren3)”

or

“Expédié conformément au Permis de sécurité environnementale équivalente EC 04-01/8,9 (Ren3)”.

(4) The permit holder must ensure that the certification, referred to in sub-section 10(2) of this PELES, includes the name and phone number of the person who prepared the information indicated on the shipping document.

(5) In lieu of the requirements set out in subsections 4(1) and 4(2) of the IMHWR and before the transportation of the hazardous wastes, the consignor must:

a) ensure that any shipment of hazardous waste is accompanied by a shipping document completed in accordance with sub-section 10(3) of this PELES;

b) certify the accuracy of the information indicated on the shipping document; and

c) provide a copy of shipping document and its certification to the authorized carrier.

(6) In lieu of the requirements set out in subsections 4(3) and 4(4) of the IMHWR, every authorized carrier transporting hazardous waste under this PELES shall ensure that the shipping document and its certification accompany the hazardous waste during transportation.

(7) In lieu of the requirements set out in sub-sections 3(2), 4(5) and 4(6) of the IMHWR, the permit holder must:

a) for each shipment, record the  information listed in paragraphs 10(3)(a) to 10(3)(g) of this PELES, in addition to the date on which the hazardous wastes were received at the permit holder’s authorized recycling facility (referred to in section 2 of this PELES), within fifteen days of the hazardous waste being received at their facility; and,

b) provide a report, in table format and including the information identified in sub-paragraph 10(7)(b)(i) of this PELES, to the competent authorities of the province where the waste originated and of the province of destination, on a semi-annual basis, unless otherwise specified.

i. The report includes the information specified in paragraphs 10(3)(a) to 10(3)(e) of this PELES; the report must also include the quantity for each UN number as well as the corresponding UN classification, and the shipping name for each type of hazardous waste received during the period covered by the report. When there is no applicable UN number, a text description of the hazardous waste and the corresponding UN classification is sufficient.

ii. A report is provided every six months after the date of issuance of this PELES and covers the period from seven months preceding the date on which a semi-annual report must be submitted to one month preceding that same date.

iii. An authorized representative of the permit holder signs the semi-annual report and certifies, in the report, that the information contained in it is true and accurate.

(8) In lieu of the requirements set out in subsection 4(7) of the IMHWR, the permit holder shall keep the following documents or records for two years after the hazardous waste is received by the consignee, at their address set out in section 2 of this PELES, so that they are available for inspection by an enforcement officer or an analyst designated under section 217 of the Canadian Environmental Protection Act, 1999:

a) the shipping document described in sub-section 10(2) of this PELES and its certification,

b) the records referred to in paragraph 10(7)(a) of this PELES, and

c) the reports referred to in paragraph 10(7)(b) of this PELES.

11. Miscellaneous Matters

(1) The Permit Holder must inform the Director, in writing and within 30 days, of any change to:

a) the Permit Holder’s name, street address, telephone or facsimile as set out in section 2 of this PELES;

b) the name, street address, telephone, facsimile or email of the Contact Person identified in section 13 of this PELES.

(2) This PELES is non transferable.

(3) Compliances with the terms and conditions of this PELES does not absolve the Permit Holder, the consignors and any authorized carrier transporting hazardous waste under this PELES from their responsibility to comply with the requirements of all applicable federal and provincial legislation and regulations or municipal by-laws.

12. Revocation

The Minister of the Environment may revoke this permit if one of the situations described in subsection 190(3) of the Canadian Environmental Protection Act, 1999 applies.

 

Signed for and on behalf of the Minister of the Environment

Gwen Goodier
Director
Waste Reduction and Management Division
Chemicals Sector
Environment Canada

Schedule 1

Table 1: Applicability and Conditions from the Provincial and Territorial Authorities
 Provincial/Territorial AuthorityConditions
1YukonNo condition specified.
2Northwest TerritoriesNo condition specified.
3NunavutNo condition specified.
4British ColumbiaBased on the information provided and subject to the conditions stated in this paragraph, the British Columbia (BC) Ministry of Environment has no objection to the proposed PELES (No. EC 04-01/8,9 (Ren 3)) for the interprovincial movement of hazardous wastes in BC, as long as:

a) The permit holder of this PELES, Toxco Waste Management Ltd. (Toxco) complies with all applicable BC legislation, including the Environmental Management Act and its regulations (such as Hazardous Waste Regulations), as well as Toxco’s approved Operational Plan;

b) Any carrier engaged in the transport of the subject hazardous wastes in BC will operate in accordance with all applicable legislation, including holding a valid hazardous waste transport licence, if required.
5AlbertaNo condition specified.
6SaskatchewanNo condition specified.
7ManitobaNo condition specified.
8OntarioThe Ontario Ministry of Environment agrees to the variances of this proposed PELES (No. EC 04-01/8,9 (Ren3)) only if the batteries are intact. In Ontario, intact waste batteries that are destined for a waste battery recovery facility are exempted from generator registration and manifesting requirements under Ontario Regulation 347. This exemption does not apply if the batteries are broken or leaking.
9QuebecNo condition specified.
10New-BrunswickNo condition specified.
11Nova ScotiaNo condition specified.
12Prince-Edward-IslandNo condition specified.
13Newfoundland and LabradorNo condition specified.
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