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Federal Hazardous Waste Regulations

Interpretation

1.0 In these Regulations,

Act
means the Canadian Environmental Protection Act, 1999. (Loi)
hazardous waste
means a hazardous waste within the meaning of the Export and Import of Hazardous Wastes Regulations
EPA
means Environmental Protection Agency of the United States of America
leachate
means a liquid that has separated from hazardous waste with or without any substance dissolved or suspended in it. (lixiviat)
liquid
includes leachate. (liquide)
management or management activity
means handling, processing, recycling, disposing of or storing hazardous waste. (gestion ou activité de gestion)
operator means
  1. a department, board or agency of the Government of Canada, a federal work or undertaking, or a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act that owns or has possession, control or custody of or may dispose of a site where hazardous waste is managed; or
  2. a person who owns or has possession, control or custody of, or may dispose of a site where hazardous waste is managed and that is located on federal or aboriginal land or at a federal work or undertaking. (exploitant)
 
PCB material
means a substance that contains more than 50 mg of PCBs per kilogram of the substance;
PCB
means any chlorobiphenyl referred to item 1 of the List of Toxic Substances set out in Schedule 1 to the Act. (BPC)
Pre-treatment
means treatment of hazardous waste to reduce the concentration level of the hazardous waste to non-hazardous level prior to final disposal to a landfill.
secondary containment system
means a system that prevents releases into the environment from a container, piping and other ancillary equipment (système d'endiguement secondaire)
site
includes a building, landfill, parcel of land, bridge or other structure and construction site.
waste
means a substance that is no longer used for its original purpose but does not include a substance that the operator returns, unused, to its manufacturer, distributor or vendor.

2.0 Any standard or method incorporated by reference into these Regulations is incorporated as amended from time to time.

Application

3.0 (1) These Regulations apply with respect to hazardous waste that is managed by the operator of a site, other than

  1. waste or other matter listed in Schedule 5 of the Act and disposed of at sea in accordance with Division 3 of Part 7 of the Act;

  2. explosives regulated under the Explosives Act;

  3. substances regulated under the Nuclear Safety and Control Act; and

  4. deposits of effluent that are regulated under the Metal Mining Effluent Regulations.

4.0 (1) An operator who manages a substance that is hazardous waste at a site shall do so in accordance with these regulations if, during any 30 day period, the quantity of that hazardous waste is 5 kilograms or 5 litres or more.

(2) The operator shall remain subject to these regulations until such time as the operator certifies in writing to the Minister that

  1. every management activity at the site has ceased; and

  2. release limits set out in Schedules 2, 3 and 4 are not exceeded.

4.1 No person shall release hazardous waste into the environment.

Environmentally Sound Management

5.0 (1) Facilities shall develop an Environmental Sound Management (ESM) plan on how to achieve the requirements set out in the regulations. The plan will include the following minimum requirements.

  1. Procedures for the minimization of the creation of hazardous waste

  2. Procedures for publishing the reports required under section 21 and 22 of these regulations to make the reports available to the public, the personnel involved in the management of hazardous waste at the facility and the person responsible for all hazardous waste management activities at the facility
  3. Procedures to ensure the reporting requirement under these regulations are met, including assignment of tasks and personnel responsible for reporting, and ensuring that accurate information is reported
  4. Training plan so that personnel are qualified to meet the obligations contained in and carry out the responsibilities set out in the regulations
  5. The person responsible for the facility must sign and authorize the plan. The plan shall be reviewed annually, corrected and improved as needed.

(2) Every operator shall prepare an environmentally sound management plan within 90 days of the later of

  1. the day on which these regulations come into force, or
  2. the day that the operator manages hazardous waste for the first time.

(3) Every operator shall implement the plan referred to in subsection (1) within 270 days of the later of

  1. the day on which these regulations come into force, or
  2. the day that the operator manages hazardous waste for the first time.

5.1 (1) An operator shall prepare and implement an emergency plan to deal with releases into the environment, and a decommissioning plan for each management activity at the site, within six months after the later of

  1. the day on which these Regulations come into force; and
  2. the day on which the activity at the site commences.

(2) The operator must ensure that the plans to deal with releases are comprehensive, effective and kept up to date.

(3) Within 30 days after the day on which the operator is required to have prepared the plans, the operator shall file with the Minister a written declaration that contains the information required by in Schedule ??.

(4) If a declaration referred to in subsection (3), at any time after its filing, becomes false or misleading, the operator shall file an amended declaration with the Minister within 30 days after that time.

5.2 (1) The emergency plan to deal with releases shall contain

  1. a description of the management activities taking place at a site and an estimate of the quantity of hazardous waste that is to be managed;
  2. an undertaking by the operator to implement and maintain the plan;
  3. an identification of the types of emergencies that might occur, on-site and off-site consequences, and associated prevention, preparedness, response and recovery measures;
  4. a description of the roles and responsibilities of the operator and emergency response personnel during an emergency;
  5. accurate contact lists for emergency resource personnel and equipment; and
  6. detailed training plans for emergency response individuals.

(2) In the event of an emergency, the operator shall take all applicable measures set out in the emergency plan and shall take all measures necessary in the circumstances to prevent or eliminate any dangerous condition or minimise any danger to the environment or to human life or health.

Obligations of Operator

6.0 (1) Except in the case of an export made in accordance with the Export and Import of Hazardous Waste Regulations or the PCB Waste Export Regulations, hazardous waste may only be shipped to

  1. a site or waste management site that is authorised to manage that waste by the applicable laws of the province, territory or aboriginal government where the site is located; or
  2. a landfill site in Canada that meets the requirements set out in section 11.

(2) All exporters that ship hazardous waste to a site identified by subsection (1) (a) or (b) shall complete a manifest in compliance to the Interprovincial Movement of Hazardous Waste and Hazardous Recyclable Materials Regulations.

7.0 Hazardous waste shall not be mixed or diluted with any other substance, except if required for the purposes of handling or storing.

Conditions of Release

8.0 (1) A liquid shall not be released into the environment unless it

  1. has a pH of between 6.0 and 9.0;
  2. does not contains a substance listed in Column 1 of Schedule 2 that exceeds the concentration set out in Column 2 of that Schedule;
  3. subject to subsection (2)(b), passes the Daphnia magnalethality test conducted in accordance with section 5 of theBiological Test Method: Reference Method for Determining Acute Lethality of Effluents to Daphnia magna (EPS 1/RM/14, Second Edition - December 2000), published by the Department of the Environment, and 50% of the Daphnia magna must survive in a 100% concentration of the liquid;
  4. contains 20 mg/L of total suspended solids or less; or
  5. has a temperature greater than 25 degrees Celsius, plus or minus 2 degrees Celsius.

(2) (a) An operator shall determine all of the characteristics set out in subsection (1) by conducting tests

  1. once every week with each test being conducted at least five days apart, if the liquid is released continuously, or prior to a release, if the liquid is released in batches; or
  2. once every three months, in the case of a landfill site, with each test being conducted at least 85 days apart.

(b) where the liquid does not pass the test referred in subsection (1)(c), the liquid shall pass the Rainbow trout acute lethality test conducted in accordance with section 5 of the Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (EPS 1/RM/13 Second Edition - December 2000), published by the Department of the Environment, and 50% of the rainbow trout must survive in a 100% concentration of the liquid.

8.1 (1) A solid resulting from the management of hazardous waste shall not be released into a landfill if the solid contains any of the substances set out in Column 1 of Schedule 3 in a concentration that exceeds the limit set out in Column 2 for that substance.

(2) The operator shall determine the concentration of the extract, prior to releasing the solid, by

  1. sampling the solid in accordance with the appropriate sampling method set out in Schedule 3.
  2. subjecting the sample to the EPA Method 1311 Toxicity Characteristic Leaching Procedure to produce an extract; and
  3. analysing the extract in accordance with the appropriate analytical method set out in Schedule 3.

8.2 (1) A gas that is emitted into the environment shall not contain any substance set out in Column 1 of Schedule 4 in a concentration, as determined by the applicable sampling and analytical methods set out in Columns 4 and 5 of that Schedule, that exceeds the limit set out in

  1. Column 2, before January 1, 2008; or
  2. Column 3, on or after January 1, 2008.

(2) The operator shall conduct the tests described in subsection (1) at least once every 12 months, with each test being conducted at least 360 days apart.

8.3 In conducting any test referred to in sections 8 to 8.2, the operator shall record every test result and the date on which the test was performed.

9.0 (1) When PCB material is processed or disposed of by thermal means, a gas shall not be released into the environment if the gas contains more than 1 mg of PCBs for each kilogram of PCBs that is processed or disposed of.

(2) When PCB material is processed or disposed of, a solid shall not be released into the environment if the solid

  1. contains a concentration of PCBs greater than 0.5 mg/kg; or
  2. has a surface concentration greater than 10 ìg/100 cm2 of PCBs measured in accordance with the sampling and analytical methods set out in the PCB Transformer Decontamination Standards and Protocols, Canadian Council of Ministers of the Environment Report CCME EPC-HW-105E, December 1995.

Landfills

10.0 a) Hazardous waste listed in Schedule 9 shall not be deposited in a landfill site.

b) Hazardous waste containing a substance in excess of the concentration listed in Schedule 3 shall not be deposited in the landfill.

11.0 Hazardous waste shall not be deposited in a landfill site unless that site incorporates a system

(a) to contain and process leachate so that the liquid release limits set out in Schedule 2 are not exceeded;

(b) to contain and process gas, so that the release limits set out in Schedule 4 are not exceeded; and

(c) to detect any release from the hazardous waste to the environment.

Storage

12.0 Sections 12.1 to 19 do not apply in respect of PCBs or PCB material that is stored in accordance with the Storage of PCB Material Regulations.

12.1 (1) Any container in which hazardous waste is stored must meet all of the following requirements: The container must be

  1. sealable to prevent the release of its contents and to prevent other substances from entering the container;

  2. made of material that is compatible with the hazardous waste that is stored;

  3. of durable construction, corrosion and weather resistant and made to resist damage during handling or transportation; and

  4. capable of being used at an atmospheric pressure of plus or minus 10 kPa, in the case of a container that has a capacity of 230 litres or more.

13.0 (1) All piping on a container in which liquid hazardous waste is stored shall be equipped with a shut-off valve.

(2) When the site is unattended, the operator shall ensure that all shut-off valves are shut off and locked so that they are maintained in the closed position.

14.0 Hazardous waste shall be stored in accordance with spacing specifications set out in:

  1. Part 3 of the National Fire Code of Canada, 1995, Canadian Commission on Building and Fire Codes, National Research Council of Canada; or

  2. Part 4 of that Code, if the hazardous waste is a flammable or combustible liquid.

15.0 (1) Hazardous waste shall be stored in a manner that ensures that

  1. there will be no contact with any incompatible substance, even in the event of a release; and

  2. inspections may be carried in accordance with section 19.

(2) Containers of hazardous waste shall not be stacked one on top of the other unless the containers are designed for that purpose.

16.0 Every container in which hazardous waste is stored must have prominently affixed on it

(a) a label that is resistant to or protected against any weather condition to which the container may be exposed, indicating the name of the hazardous waste; and

(b) a label required under schedule V of the Transportation of Dangerous Goods Regulations in respect of that hazardous waste.

17.0 A storage area for hazardous waste must be

(a) inaccessible to any one except an authorized person;

(b) clearly identified as a hazardous waste storage area by a conspicuous sign; and

(c) designed and maintained so that surface run-off water from outside the storage area cannot enter any secondary containment system.

18.0 A secondary containment system shall be provided for

(a) all containers used to store hazardous waste; and

(b) all piping or other equipment used for transferring hazardous waste that is a liquid or gas.

19.0 (1) Every 30 days, the operator shall inspect every container in which hazardous waste is stored and the area where it is located, all piping on the container and all related secondary containment systems.

(2) The inspection shall include an observation of

  1. the condition of every container, and of all piping and ancillary equipment and whether they are in working order;

  2. the condition of the secondary containment system and of any other mechanism that prevents releases and whether they are in working order; and

  3. any indication of a release or of any deterioration that increases the likelihood of a release.

(3) The operator shall record the date of the inspection, the name of the person who conducted the inspection and the observations made by that person during the inspection.

Report of Release

20.0 (1) For the purpose of paragraph 212(1)(a) of the Act, the person to be notified of the release of a substance exceeding the limits set out in Schedule 2,3 or 4, or of the likelihood of such a release, is the person specified in column 2 of Schedule 7.

(2) The person notified under subsection (1) shall be provided with the following information:

  1. the identification of the site and of the federal source, if applicable;
  2. the date, street address or geographic location, and time of the release;
  3. the name of the substance released, specifying whether it is a solid, a liquid or a gas
  4. the exact or estimated quantity or concentration of the substance released;
  5. the cause of the release; and
  6. the name, street address and telephone number of the person in charge of the site.

(3) The written report required under paragraph 212(1)(a) shall be made as soon as possible to the person specified in Column 3 of Schedule 8, and shall contain the following information:

  1. the information referred to in subsection (1), as corrected if necessary;
  2. a description of the management process during which the release occurred ;
  3. a description of the measures taken to respond to the release and to correct damage to the environment;
  4. any measure taken by the operator to prevent a subsequent release that exceeds the limits; and
  5. any measure that the operator will take to prevent a subsequent release and the date on which the operator will implement the measure.

(4) The written report may be made in an electronic format if the recipient is able to receive the report in that format.

Other Reporting Requirements

21.0 An operator that manages hazardous waste shall submit a report containing the information set out in items 1 and 2 of Schedule 8, to the Minister within 30 days of the later of

(a) the day on which these Regulations come into force; or

(b) the day the operator manages hazardous waste for the first time.

22.0 An operator that manages hazardous waste shall submit to the Minister an annual report containing the information set out in Schedule 8 within 30 days after the end of the calendar year.

23.0 An operator that ceases a management activity with respect to hazardous waste shall inform the Minister within 30 days after the operator has ceased that activity.

Decommissioning

24.0 (1) An operator shall decommission an activity at in accordance with the decommissioning plan prepared under section 5 of these regulations, and a site as described in this section upon ceasing that activity.

(2) The operator shall monitor the site in accordance with sections 8 to 9 until the operator certifies in writing to the Minister that

  1. release limits set out in the Schedules 2, 3 and 4 are not exceeded; or
  2. in the case of a landfill site, three consecutive inspections establish that those limits are not exceeded.

Record Keeping

25.0 (1) The operator shall keep all records, including reports, plans, test results or other information required under these Regulations, for at least five years following the end of the calendar year in which they are made.

(2) The records shall be maintained at the site where the hazardous waste is managed, or at the head office in Canada of the federal source.

(3) The operator shall advise the Minister of the location of the records and the name, address and telephone number of a person who is able to provide access to the records during business hours.

26.0 On the request of the Minister, the operator must submit to the Minister the results of any analysis described in these Regulations, within the time set out in the request.

Coming into Force

27.0 These Regulations come into force on the day on which they are registered.

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