O. Reg. 323/22: SUBJECT WASTE PROGRAM
filed April 7, 2022 under Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1
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made under the
Resource Recovery and Circular Economy Act, 2016
Made: March 31, 2022
Filed: April 7, 2022
Published on e-Laws: April 7, 2022
Printed in The Ontario Gazette: April 23, 2022
Subject waste program
1. In this Regulation,
“generator” has the same meaning as in subsection 1 (1) of Regulation 347; (“producteur”)
“generator registration document” means the document referred to in section 6 of this Regulation; (“document d’enregistrement du producteur”)
“Generator Registration Report” has the same meaning as in subsection 1 (1) of Regulation 347; (“rapport d’enregistrement du producteur”)
“hazardous waste” has the same meaning as in subsection 1 (1) of Regulation 347; (“déchets dangereux”)
“Manual” has the same meaning as in subsection 1 (1) of Regulation 347; (“manuel”)
“municipal hazardous or special waste” means waste that consists of municipal hazardous waste or municipal special waste, or any combination of them, whether or not the waste is owned, controlled or managed by a municipality, but does not include used or unused lubricating oil; (“déchets municipaux dangereux ou spéciaux”)
“municipal hazardous waste” means waste that, whether or not owned, controlled or managed by a municipality, consists of any of, or any combination of,
(a) corrosive products, flammable products or toxic products, as those terms are defined in the Consumer Chemicals and Containers Regulations, 2001 made under the Canada Consumer Product Safety Act (Canada), if the sale of the product is permitted only if the container of the product displays information required by those regulations,
(b) containers that display information that is required by the Consumer Chemicals and Containers Regulations, 2001 made under the Canada Consumer Product Safety Act (Canada) for containers that contain corrosive products, flammable products or toxic products, as those terms are defined in those regulations,
(c) flammable hazards, corrosive hazards or toxicity hazards, as those terms are described in Clause 4 of CSA Standard Z752-03, “Definition of Household Hazardous Waste”, published in September 2003 by Canadian Standards Association, if the hazard is defined by Clause 7 of that Standard as a household waste that shall not be disposed of in one or more systems within the regular domestic waste stream because of significant risks posed to humans or the environment,
(d) corrosive waste, as defined in subsection 1 (1) of Regulation 347,
(e) ignitable waste, as defined in subsection 1 (1) of Regulation 347,
(f) leachate toxic waste, as defined in subsection 1 (1) of Regulation 347,
(g) reactive waste, as defined in subsection 1 (1) of Regulation 347, or
(h) containers that contain anything referred to in clause (c), (d), (e), (f) or (g) of this definition; (“déchets municipaux dangereux”)
“municipal special waste” means waste that, whether or not owned, controlled or managed by a municipality, consists of any of, or any combination of,
(a) batteries,
(b) pressurized containers,
(c) aerosol containers,
(d) portable fire extinguishers,
(e) fertilizers, fungicides, herbicides, insecticides or pesticides, and containers in which they are contained,
(f) paints and coatings, and containers in which they are contained,
(g) containers that have a capacity of 30 litres or less and that were manufactured and used for the purpose of containing lubricating oil,
(h) oil filters, after they have been used for their intended purpose,
(i) fluorescent light bulbs or tubes,
(j) pharmaceuticals,
(k) sharps, including syringes,
(l) switches that contain mercury,
(m) thermostats, thermometers, barometers or other measuring devices, if the thermostats, thermometers, barometers or other measuring devices contain mercury,
(n) antifreeze, and containers in which it is contained, or
(o) solvents, and containers in which they are contained; (“déchets municipaux spéciaux”)
“Regulation 347” means Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act; (“Règlement 347”)
“subject waste” has the same meaning as in subsection 1 (1) of Regulation 347; (“déchets visés”)
“subject waste fees” means fees, costs or other charges set by the Authority under section 41 of the Act in respect of the hazardous waste program, as described in the Minister’s written directions under clause 24 (1) (c) of the Act to the Authority and available on the website of the Authority; (“droits associés aux déchets visés”)
“waste disposal site” has the same meaning as in Part V of the Environmental Protection Act; (“lieu d’élimination des déchets”)
“waste generation facility” has the same meaning as in subsection 1 (1) of Regulation 347; (“installation de production de déchets”)
“waste transportation system” has the same meaning as in subsection 1 (1) of Regulation 347. (“système de transport des déchets”)
Subject waste fees, exemption from tonnage portion
2. (1) For the purposes of this section,
“Director” means the Director appointed under section 5 of the Environmental Protection Act in respect of section 75 of Regulation 347; (“directeur”)
“tonnage fees” means subject waste fees that are calculated based on the weight, mass, volume or other quantity-based measure of a particular quantity of subject waste. (“droits de tonnage”)
(2) Subject to subsection (3), the Authority shall not collect any tonnage fees in respect of a particular quantity of subject waste from any person other than the generator of the subject waste.
(3) The Authority shall not collect any tonnage fees in respect of a particular quantity of subject waste from the generator of the subject waste in any of the following circumstances:
1. The subject waste is not hazardous waste.
2. The subject waste is hazardous waste that,
i. is transferred by the generator to a waste transportation system for direct transport to a facility listed on the Tonnage Fee Exempt Recycling Facilities Directory,
ii. is accepted at the facility, and
iii. meets any applicable waste stream restrictions with respect to the facility, as specified in the Tonnage Fee Exempt Recycling Facilities Directory.
3. The subject waste is hazardous waste and a generator has already paid, or is exempt from paying, tonnage fees with respect to that hazardous waste or with respect to the hazardous waste from which that hazardous waste was derived.
(4) The Tonnage Fee Exempt Recycling Facilities Directory, available on the Registry, shall be maintained by the Registrar and shall contain the following information, subject to subsection (8):
1. The facilities listed on the “Tonnage Fee Exempt Recycling Facilities” list on the day before the day this Regulation comes into force and any applicable waste stream restrictions in respect of those facilities as set out in that list on that day.
2. Any facilities that the Director has approved pursuant to subsection (6) of this section and any applicable waste stream restrictions in respect of those facilities that the Director has approved.
(5) The Registrar shall ensure that an up-to-date version of the Tonnage Fee Exempt Recycling Facilities Directory is available on the Registry.
(6) A person who operates a facility that receives and processes hazardous waste may submit, in accordance with subsection (7), a written request to the Director for the facility to be added to the Tonnage Fee Exempt Recycling Facilities Directory and the Director may approve the addition of the facility if the Director is satisfied of the following:
1. That the following criteria will be met regarding the facility and the particular hazardous waste in respect of which the request is made:
i. The hazardous waste will be transferred by a generator for direct transport to the facility.
ii. The hazardous waste will be accepted at the facility for the primary purpose of reusing, recycling or reclaiming the waste through a manufacturing process or operation.
iii. The hazardous waste will be used as feedstock in the manufacturing process or operation.
iv. The manufacturing process or operation will not involve,
A. combustion or land application of the hazardous waste, or
B. use of the hazardous waste as fuel or fuel supplement.
2. That the following criteria has been met regarding the product created at the facility through the manufacturing process or operation that uses the particular hazardous waste in respect of which the request is made:
i. There is a demonstrated market demand for the product to be created by the manufacturing process or operation.
ii. The product to be created by the manufacturing process or operation does not pose a substantial hazard to human health or the environment when used as intended.
(7) The written request referred to in subsection (6) shall set out the following information in accordance with any instructions set out in the Manual:
1. Information respecting the operations of the facility.
2. Information respecting the hazardous waste in respect of which the request is made.
3. Information respecting any other waste received at the facility.
4. A copy of all environmental compliance approvals in respect of the facility, or, in the case of a facility outside of Ontario, all similar instruments from the applicable jurisdiction.
5. Information describing the manufacturing process or operation in which the hazardous waste will be used, including the quantities of product described in paragraph 2 of subsection (6) that will be created.
6. Any other information required by the Director or the Manual.
(8) The Registrar shall remove a facility from the Tonnage Fee Exempt Recycling Facilities Directory if the Director is of the opinion that the facility no longer satisfies the criteria mentioned in subsection (6) or the facility ceases operations.
Subject waste fees, exemption for municipal hazardous or special waste
3. (1) For the purposes of this section,
“Director” means the Director appointed under section 5 of the Environmental Protection Act in respect of subsection 18 (2) of Regulation 347.
(2) The Authority shall not set or collect from a generator any subject waste fees related to municipal hazardous or special waste that is subject waste if the Director has confirmed to the Registrar that the Director is satisfied that either of the following sets of criteria have been met:
1. If the Director is satisfied that an environmental compliance approval in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act is required with respect to the municipal hazardous or special waste,
i. the Director is satisfied that the environmental compliance approval is in effect,
ii. the waste is collected from the general public at a waste disposal site in Ontario that is subject to an environmental compliance approval that authorizes the collection, and
iii. the waste is not treated or disposed of at the waste disposal site.
2. If the Director is satisfied that no environmental compliance approval in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act is required with respect to the municipal hazardous or special waste, the waste is collected from the general public at a waste disposal site in Ontario and is not treated or disposed of at the waste disposal site.
Subject waste fees, exemption for contaminated sites
4. (1) For the purposes of this section,
“Director” means the Director appointed under section 5 of the Environmental Protection Act in respect of subsection 18 (2) of Regulation 347.
(2) The Authority shall not set or collect from a generator any subject waste fees related to subject waste if the Director has confirmed to the Registrar that the Director is satisfied that the subject waste was generated at a waste generation facility in Ontario as a result of one of the following actions that was undertaken to remediate contaminated soil, or other material in, on or under the soil:
1. An action to complete a phase two environmental site assessment within the meaning of Part XV.1 of the Environmental Protection Act.
2. An action to complete a risk assessment within the meaning of Part XV.1 of the Environmental Protection Act.
3. An action to comply with any order issued under the Environmental Protection Act.
4. An action to meet the applicable site condition standards set out in the document published by the Ministry entitled “Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act” dated April 15, 2011 and available on a website of the Government of Ontario.
5. An action that the Director is satisfied was undertaken for a purpose that is consistent with a purpose set out in paragraphs 1 to 4.
Subject waste fees, exemption for spill, etc.
5. The Authority shall not set or collect from a generator any subject waste fees related to subject waste that is part of unusual circumstances for which a generator registration number was assigned under subsection 18 (12) of Regulation 347.
Generator registration document
6. (1) As soon as possible after the submission of a Generator Registration Report and the payment of any applicable fees that are set under the Act, the Registrar shall post on the Registry a generator registration document for the waste generation facility that is the subject of the Generator Registration Report setting out,
(a) the date on which the Generator Registration Report was submitted through the Registry;
(b) the name of the generator;
(c) a generator registration number;
(d) any waste numbers included in the report for the particular subject waste transferred from or produced, collected, handled or stored at the facility; and
(e) any other information required by the Manual.
(2) Subject to subsection (3), upon receipt of a supplementary Generator Registration Report the Registrar shall post a revised generator registration document on the Registry.
(3) Upon receipt of a supplementary Generator Registration Report that indicates the closure of the waste generation facility, the Registrar shall cease to publicly post the generator registration document as of the closure date or as soon as possible after the closure date.
Commencement
7. This Regulation comes into force on the later of January 1, 2023 and the day this Regulation is filed.