| Inside This Issue |
1 |
MOE revises waste regulations |
2 |
New Model Sewer Bylaw |
3 |
Cost orders not retroactive |
4 |
Contaminated Soil not always "waste" |
New Waste Regulations
The Ontario MOE is moving ahead with its waste regulation
reforms. In June, they released a 300 page draft regulation to replace Regulation 347, General-Waste
Management, plus seven related regulations.
The general elements of the draft are by now familiar. The eight
existing regulations are rolled together, gaining a more consistent interface, but losing
none of their complexity. Onto these eight are grafted the Standard Approvals and Approvals
Exemptions, which are much as previously announced. The whole is embellished with numerous
new or expanded definitions (now totaling 99) and detailed specifications for the handling
of dozens of specific materials, down to a single fluorescent lightbulb.
The resulting regulation should keep lawyers and consultants occupied for years. It's a
far cry from the original fears and hopes about waste deregulation.
REG. 347: WHAT'S NEW
In addition to the SAR/ AERs, the draft would reduce paperwork for modest quantity
waste collection, and for product stewardship. E.g.:
Roster Waste: Most liquid or hazardous waste up to 100 kg/mo. can be shipped
without generator registration or manifests. Generator must have a contract with the
carrier, and must complete and sign one line of a multi-waste shipping document. Carrier
files quarterly reports with MOE.
2 year haz. waste storage by generators, with modest record-keeping and
reporting after 90 days.
Manufacturer Controlled Network: Manufacturers can take spent goods back for
recycling or disposal without approvals or manifests. If the goods will not be
"recycled", manufacturer must notify MOE of network start-up, keep records of
non-household generators and file annual reports.
Vendor take back depots will be permitted for batteries, pesticides, paint,
etc., with modest record-keeping.
There are also numerous rules for specific issues, e.g. the proper disposal of
fluorescent lightbulbs and different grades of biomedical waste; dust suppression; PCBs
and waste-derived fuels. Waste and packaging audits will no longer be specified, but will
still be needed to prepare reduction plans. Enhanced follow-up of manifested wastes will
be required. Contact us if you need specific details on any of the changes.
WHAT DIDN'T HAPPEN
Harmonization with federal TDGA regulations. Ontario will continue to treat
liquid waste as if it were hazardous, although there are new exemptions.
Major deregulation of municipalities. They will still need provincial approvals,
even for relatively standard activities such as domestic waste collection. However, they
will be exempt for HHW collection, and for recycling activities, e.g. blue box collection
and transfer, and composting most vegetable matter.
The MOE will accept comments until Sept. 9/98.
Questions? Call Dianne Saxe!
- 66 Russell Hill Road Toronto, Ontario M4V 2T2
- (416) 962 5882
- Fax: (416) 962 8817
- e-mail: dsaxe@envirolaw.com
____________THE
DIANNE SAXE LETTERS
