Environmental Protection Act
Loi sur la protection de l’environnement

R.R.O. 1990, REGULATION 347

GENERAL — WASTE MANAGEMENT

Consolidation Period: From June 19, 2008 to the e-Laws currency date.

Last amendment: O. Reg. 217/08.

This Regulation is made in English only.

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CONTENTS

Definitions

1.  (1)  In this Regulation,

“access road” means a road that leads from a public road to a waste disposal site;

“acute hazardous waste chemical” means,

(a) a commercial waste chemical listed as an acute hazardous waste chemical in Part A of Schedule 2, other than a waste described in Schedule 2.1,

(b) a mixture of a waste referred to in clause (a) and any other waste or material, or

(c) a waste derived from a waste referred to in clause (a), unless,

(i) the waste that is derived from the waste referred to in clause (a) is listed in Schedule 2.1, or

(ii) the waste that is derived from the waste referred to in clause (a) is produced in accordance with a certificate of approval that states that, in the opinion of the Section 39 Director, the waste that is produced in accordance with the certificate of approval does not have characteristics similar to the characteristics of the acute hazardous waste chemical from which it was derived;

“agricultural waste” means waste, other than sewage, resulting from farm operations, including animal husbandry and where a farm operation is carried on in respect of food packing, food preserving, animal slaughtering or meat packing, includes the waste from such operations;

“anaerobic digestion” means the decomposition of organic matter in an oxygen-limiting environment;

“anaerobic digestion materials” means materials that are intended for treatment in a mixed anaerobic digestion facility, whether the materials are generated at the agricultural operation or received at the agricultural operation from an outside source;

“anaerobic digestion output” means any solid or liquid material that results from the treatment of anaerobic digestion materials in a mixed anaerobic digestion facility;

“aqueous waste” means waste that is aqueous and contains less than 1 per cent total organic carbon by weight and less than 1 per cent total suspended solids by weight;

“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;

“biodiesel” means a fuel or fuel component that is comprised of mono-alkyl esters of long-chain fatty acids that are derived from plant oils or animal fats, if the fuel or fuel component,

(a) conforms to the detailed requirements shown in Table 1 of ASTM International Standard D6751, entitled “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”, as amended from time to time, when tested by the test methods indicated in that Standard, or

(b) is in accordance with the limits specified in Table 1 of European Standard EN 14214, entitled “Automotive Fuels – Fatty acid methyl esters (FAME) for diesel engines – Requirements and test methods”, as amended from time to time, when tested by the test methods indicated in that Standard;

“carrier” means the operator of a waste transportation system;

“cell”, in respect of a landfilling site, means a deposit of waste that has been sealed by cover material so that no waste deposited in the cell is exposed to the atmosphere;

“characteristic waste” means hazardous waste that is,

(a) corrosive waste,

(b) ignitable waste,

(c) leachate toxic waste, or

(d) reactive waste;

“commercial waste” includes asbestos waste;

“commercial waste chemical” means a waste that is or contains a commercial chemical product or manufacturing chemical intermediate of a specified generic name and includes,

(a) an off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the specified generic name,

(b) residues or contaminated material from the clean-up of a spill of a commercial chemical product or manufacturing chemical intermediate of the specified generic name or of an off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the specified generic name, or

(c) an empty container or the liner from an empty container that contained a commercial chemical product or manufacturing chemical intermediate of the specified generic name, or an off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the specified generic name, or residues or contaminated materials from the clean-up of a spill of any of them, unless the empty container or the liner from the empty container has been triple rinsed,

but, except as specified in clause (a), (b) or (c), does not include a waste stream or waste material contaminated with material of the specified generic name;

“common mercury waste” means,

(a) electrical switches, thermostats or fluorescent lamps that contain mercury and that are damaged, worn out or discarded,

(b) thermometers, barometers or other measuring devices that contain mercury and that are damaged, worn out or discarded,

(c) discarded material that contains mercury from dental procedures carried out by a member of the Royal College of Dental Surgeons of Ontario;

“common mercury waste recovery facility” means a site at which common mercury waste is received for recovery of mercury and at which no disposal of common mercury waste or of mercury takes place;

“composting” means the treatment of waste by aerobic decomposition of organic matter by bacterial action for the production of stabilized humus;

“corrosive waste” means,

(a) a waste that is aqueous and has a pH less than or equal to two or greater than or equal to 12.5 as determined by a pH meter,

(b) a waste that is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 millimetres per year at a test temperature of 55° Celsius using test NACE TM-01-69 or an equivalent test approved by the Director, or

(c) a waste that is a solid and, when prepared in a mixture or solution with distilled water that is 50 per cent waste by weight, has a pH less than or equal to two or greater than or equal to 12.5 as determined by a pH meter, other than,

(i) solid incinerator ash or fly-ash from a woodwaste combustor site, or

(ii) solid wastes generated by a manufacturer of pulp, paper, recycled paper, corrugated cardboard or other paper products;

“cover material” means soil or other material approved for use in sealing cells in landfilling;

“dead animal” means an animal that dies naturally or from disease or by reason of accident and includes parts thereof;

“derelict motor vehicle” means a motor vehicle that,

(a) is inoperable, and

(b) has no market value as a means of transportation, or, has a market value as a means of transportation that is less than the cost of repairs required to put it into operable condition;

“Director” means the Director of the Waste Management Policy Branch of the Ministry and includes an alternate named by him or her;

“domestic waste” includes asbestos waste;

“dump” means a waste disposal site where waste is deposited without cover material being applied at regular intervals;

“dust suppressant” means a waste used for dust suppression in accordance with a certificate of approval or provisional certificate of approval for a dust suppression waste management system;

“dust suppression site” means a waste disposal site where dust suppressant is deposited;

“electroplating” includes common and precious metal electroplating, anodizing, chemical etching and milling, and includes cleaning and stripping associated with common and precious metal electroplating, anodizing, chemical etching and milling, but does not include chromating, phosphating, immersion plating, colouring or other chemical conversion coating, electroless plating or printed circuit board manufacturing;

“empty container” means a container from which all wastes and other materials have been removed using the removal practices such as pumping or pouring commonly used for the specific materials and that contains less than 2.5 centimetres of material on the bottom of the container;

“engineered facility” means, in respect of a landfilling site, anything affixed to or made part of land that is intended to be a functional element or feature of the landfilling site for more than five years and that is created or put in place by human activity;

“existing hospital incinerator” means an incinerator put into operation before the 31st day of December, 1985 owned by a hospital within the meaning of the Public Hospitals Act at which pathological waste but no hauled liquid industrial waste or other hazardous waste is incinerated;

“fly-ash” means particulate matter removed from combustion flue gases;

“food processing and preparation operations” include food packing, food preserving, wine making, cheese making and restaurants;

“generator” means the operator of a waste generation facility;

“grinding” means the treatment of waste by uniformly reducing the waste to particles of controlled maximum size;

“hauled liquid and hazardous waste collection system” means a waste management system or any part thereof for the collection, handling, transportation, storage or processing of hauled liquid industrial waste or hazardous waste but does not include the disposal thereof;

“hauled liquid industrial waste” means liquid industrial waste transported in a tank or other container for treatment or disposal;

“hauled sewage” means,

(a) domestic waste that is human body waste, toilet or other bathroom waste, waste from other showers or tubs, liquid or water borne culinary or sink waste or laundry waste, and

(b) other waste that is suitable for storage, treatment or disposal in a sewage system regulated under Part 8 of the building code made under the Building Code Act, 1992, if the waste is not fully disposed of at the site where it is produced, other than,

(i) waste from a sewage works approved under section 53 of the Ontario Water Resources Act that is conveyed away from the site where it is produced by a sewer approved under that section, or

(ii) waste in a vehicle sewage holding tank;

“hazardous industrial waste” means,

(a) a waste listed as a hazardous industrial waste in Schedule 1, other than a waste described in Schedule 1.1,

(b) a mixture of a waste referred to in clause (a) and any other waste or material, or

(c) a waste derived from a waste referred to in clause (a), unless,

(i) the waste that is derived from the waste referred to in clause (a) is listed in Schedule 1.1, or

(ii) the waste that is derived from the waste referred to in clause (a) is produced in accordance with a certificate of approval that states that, in the opinion of the Section 39 Director, the waste that is produced in accordance with the certificate of approval does not have characteristics similar to the characteristics of the hazardous industrial waste from which it was derived;

“hazardous waste” means a waste that is a,

(a) hazardous industrial waste,

(b) acute hazardous waste chemical,

(c) hazardous waste chemical,

(d) severely toxic waste,

(e) ignitable waste,

(f) corrosive waste,

(g) reactive waste,

(h) radioactive waste, except radioisotope wastes disposed of in a landfilling site in accordance with the written instructions of the Canadian Nuclear Safety Commission,

(i) pathological waste,

(j) leachate toxic waste, or

(k) PCB waste,

but does not include,

(l) hauled sewage,

(m) waste from the operation of a sewage works subject to the Ontario Water Resources Act where the works,

(i) is owned by a municipality,

(ii) 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

(iii) receives only waste similar in character to the domestic sewage from a household,

(n) domestic waste,

(o) incinerator ash resulting from the incineration of waste that is neither hazardous waste nor liquid industrial waste,

(p) 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,

(q) 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,

(r) 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,

(s) 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,

(t) 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

(u) 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;

“hazardous waste chemical” means,

(a) a commercial waste chemical listed as a hazardous waste chemical in Part B of Schedule 2, other than a waste described in Schedule 2.2,

(b) a mixture of a waste referred to in clause (a) and any other waste or material, or

(c) a waste derived from a waste referred to in clause (a), unless,

(i) the waste that is derived from the waste referred to in clause (a) is listed in Schedule 2.2, or

(ii) the waste that is derived from the waste referred to in clause (a) is produced in accordance with a certificate of approval that states that, in the opinion of the Section 39 Director, the waste that is produced in accordance with the certificate of approval does not have characteristics similar to the characteristics of the hazardous waste chemical from which it was derived;

“hospital incinerator” means an incinerator owned by a hospital within the meaning of the Public Hospitals Act;

“ignitable waste” means a waste that,

(a) is a liquid, other than an aqueous solution containing less than 24 per cent alcohol by volume and has a flash point less than 61° Celsius, as determined by the Tag Closed Cup Tester (ASTM D-56-79), the Setaflash Closed Cup Tester (ASTM D-3243-77 or ASTM D-3278-78), the Pensky-Martens Closed Cup Tester (ASTM D-93-79), or as determined by an equivalent test method approved by the Director,

(b) is a solid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a danger,

(c) is an ignitable compressed gas (Class 2, Division 1) as defined in the regulations under the Transportation of Dangerous Goods Act (Canada), or

(d) is an oxidizing substance (Class 5, Divisions 1 and 2) as defined in the regulations under the Transportation of Dangerous Goods Act (Canada);

“incinerator ash” means the ash residue, other than fly-ash, resulting from incineration where the waste is reduced to ashes containing by weight less than 10 per cent of combustible materials;

“incinerator waste” means the residue from incineration, other than incinerator ash and fly-ash;

“individual collection system” means the collection of a householder’s own domestic wastes by a householder and the transportation of such wastes to a waste disposal site by the householder;

“industrial waste” means waste from,

(a) an enterprise or activity involving warehousing, storage or industrial, manufacturing or commercial processes or operations,

(b) research or an experimental enterprise or activity,

(c) an enterprise or activity to which clause (a) would apply if the enterprise or activity were carried on for profit,

(d) clinics that provide medical diagnosis or treatment, or

(e) schools, laboratories or hospitals;

“inert fill” means earth or rock fill or waste of a similar nature that contains no putrescible materials or soluble or decomposable chemical substances;

“intact manifest” means a paper manifest as provided by the Ministry, with all six parts intact;

“intact waste battery” means an electric battery that is intact but is damaged, spent, worn out or discarded;

“in-vehicle sewage” means waste produced in a vehicle that is human body waste, toilet or other bathroom waste, waste from other showers or tubs, liquid or water borne culinary or sink waste, laundry waste or similar waste that would normally be carried away by a sewer if it were not produced in a vehicle;

“land disposal” means, with respect to a waste, the deposit or disposal of the waste upon, into, in or through land, including,

(a) the deposit of the waste at a dump,

(b) the landfilling of the waste,

(c) the discharge of the waste into a geological formation by means of a well, and

(d) the landfarming of the waste, in the case of a petroleum refining waste,

and “land disposed” has a corresponding meaning;

“landfarming” means the biodegradation of petroleum refining wastes by naturally occurring soil bacteria by means of controlled application of the wastes to land followed by periodic tilling;

“landfilling” means the disposal of waste by deposit, under controlled conditions, on land or on land covered by water, and includes compaction of the waste into a cell and covering the waste with cover materials at regular intervals;

“leachate toxic waste” means a waste producing leachate containing any of the contaminants listed in Schedule 4 at a concentration equal to or in excess of the concentration specified for that contaminant in Schedule 4 using the Toxicity Characteristic Leaching Procedure;

“liquid industrial waste” means waste that is both liquid waste and industrial waste but does not include,

(a) hazardous waste,

(a.1) hauled sewage,

(b) waste from the operation of a sewage works described in clause (m) of the definition of “hazardous waste”,

(c) waste from the operation of a water works subject to the Ontario Water Resources Act or the Safe Drinking Water Act, 2002,

(d) 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,

(e) waste directly discharged by a generator from a waste generation facility into a sewage works subject to the Ontario Water Resources Act or established before April 3, 1957 or into a sewage system regulated under Part 8 of the building code made under the Building Code Act, 1992,

(f) waste that results directly from food processing and preparation operations,

(g) drilling fluids and produced waters associated with the exploration, development or production of crude oil or natural gas,

(h) processed organic waste, or

(i) asbestos waste;

“listed waste” means hazardous waste that is,

(a) an acute hazardous waste chemical,

(b) hazardous industrial waste,

(c) a hazardous waste chemical, or

(d) severely toxic waste;

“lubricating oil” means petroleum-derived or synthetic crankcase oil, engine oil, hydraulic fluid, transmission fluid, gear oil, heat transfer fluid, or other oil or fluid used for lubricating machinery or equipment;

“manifest” means a numbered document called a manifest that was obtained from the Ministry and includes a paper or electronic manifest;

“Manual” means the publication entitled “Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste”, published by the Ministry of Environment and Energy and dated April 1995, as amended from time to time;

“marine craft waste disposal system” means a waste disposal system operated by a person or a municipality for the receiving of waste from marine craft for deposit in holding tanks;

“Ministry website” means the website at www.ene.gov.on.ca;

“mixed anaerobic digestion” means anaerobic digestion of both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials in the same facility;

“mixed anaerobic digestion facility” means an anaerobic digestion facility that treats both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out;

“mobile refrigerant waste” means refrigerant removed from the air-conditioning, heat pump, refrigeration or freezer unit of anything used for the purposes of transportation;

“mobile refrigerant waste collector” means a mobile refrigerant waste management system that collects mobile refrigerant waste it has removed from equipment in which refrigerant is used;

“mobile refrigerant waste recycler” means a mobile refrigerant waste management system that receives mobile refrigerant waste from other mobile refrigerant waste management systems and recycles it;

“municipal waste” means,

(a) any waste, whether or not it is owned, controlled or managed by a municipality, except,

(i) hazardous waste,

(ii) liquid industrial waste, or

(iii) gaseous waste, and

(b) solid fuel, whether or not it is waste, that is derived in whole or in part from the waste included in clause (a);

“non-aqueous waste” means waste that is not aqueous waste;

“non-hazardous solid industrial waste” means industrial waste that is not liquid industrial waste and is not hazardous waste and includes asbestos waste;

“off-farm anaerobic digestion materials” means anaerobic digestion materials that are not generated at an agricultural operation and that are received at an agricultural operation from an outside source;

“on-farm anaerobic digestion materials” means anaerobic digestion materials that are generated at an agricultural operation;

“on-site garbage grinder” means a grinder,

(a) used for the treatment of waste that is subsequently discharged as sewage, and

(b) located in a building or structure used principally for functions other than waste management;

“on-site incinerator” means an incinerator located at a site used principally for functions other than waste management in which only waste generated on that site is incinerated;

“on-site road” means a road for the movement of vehicles and equipment within a waste disposal site;

“on-site thermal treatment equipment” means thermal treatment equipment located at a site used principally for functions other than waste management in which only waste generated on that site is subject to thermal treatment, and includes an on-site incinerator;

“organic soil conditioning” means the incorporation of processed organic waste in the soil to improve its characteristics for crop or ground cover growth;

“packing and baling” means the treatment of waste by its compression into blocks or bales and binding or sheathing the blocks with wire, metal, plastic or other material;

“pathological waste” means,

(a) any part of the human body, including tissues and bodily fluids, but excluding fluids, extracted teeth, hair, nail clippings and the like, that are not infectious,

(b) any part of the carcass of an animal infected with a communicable disease or suspected by a licensed veterinary practitioner to be infected with a communicable disease,

(c) non-anatomical waste infected with communicable disease,

(d) a mixture of a waste referred to in clause (a), (b) or (c) and any other waste or material, or

(e) a waste derived from a waste referred to in clause (a), (b) or (c), unless the waste that is derived from the waste referred to in clause (a), (b) or (c) is produced in accordance with a certificate of approval that states that, in the opinion of the Section 39 Director, the waste that is produced in accordance with the certificate of approval does not have characteristics similar to the characteristics of pathological waste referred to in clause (a), (b) or (c);

“PCB” has the same meaning as in Regulation 362 of the Revised Regulations of Ontario, 1990 (Waste Management — PCBs) made under the Act;

“PCB waste” has the same meaning as in Regulation 362 of the Revised Regulations of Ontario, 1990 (Waste Management — PCBs) made under the Act;

“processed organic waste” means waste that is predominantly organic in composition and has been treated by aerobic or anaerobic digestion, or other means of stabilization, and includes sewage residue from sewage works that are subject to the provisions of the Ontario Water Resources Act;

“radioactive waste” includes,

(a) a mixture of radioactive waste and any other waste or material, and

(b) a waste derived from radioactive waste, unless the waste that is derived from the radioactive waste is produced in accordance with a certificate of approval that states that, in the opinion of the Section 39 Director, the waste that is produced in accordance with the certificate of approval does not have characteristics similar to the characteristics of radioactive waste;

“reactive waste” means a waste that,

(a) is normally unstable and readily undergoes violent change without detonating,

(b) reacts violently with water,

(c) forms potentially explosive mixtures with water,

(d) when mixed with water, generates toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment,

(e) is a cyanide or sulphide bearing waste which, when exposed to pH conditions between two and 12.5, can generate toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment,

(f) is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement,

(g) is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure,

(h) is an explosive (Class 1) as defined in the regulations under the Transportation of Dangerous Goods Act (Canada);

“receiver” means the operator of any facility to which waste is transferred by a carrier;

“Regional Director” means a Director appointed under section 5 of the Act and responsible for a region established by the Ministry for administrative purposes, but does not mean the Director of the Waste Management Policy Branch of the Ministry or an alternate named by him or her;

“regulated mixed anaerobic digestion facility” means a mixed anaerobic digestion facility that is regulated under Part IX.1 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002 and is not subject to the requirements of a certificate of approval or a provisional certificate of approval of a waste management system or waste disposal site under Part V of the Environmental Protection Act;

“scavenging” means the uncontrolled removal of reusable material from waste at a waste disposal site;

“Section 39 Director” means a Director appointed under section 5 of the Act for purposes of section 39 of the Act;

“severely toxic waste” means,

(a) a waste that contains a contaminant listed as a severely toxic contaminant in Schedule 3 at a concentration greater than one part per million,

(b) a mixture of a waste referred to in clause (a) and any other waste or material, or

(c) a waste derived from a waste referred to in clause (a), unless the waste that is derived from the waste referred to in clause (a) is produced in accordance with a certificate of approval that states that, in the opinion of the Section 39 Director, the waste that is produced in accordance with the certificate of approval does not have characteristics similar to the characteristics of severely toxic waste referred to in clause (a);

“site” means one property and includes nearby properties owned or leased by the same person where passage from one property to another involves crossing, but not travelling along, a public highway;

“soil mixture” includes a mixture of soil and liquids, sludges or solids, where,

(a) the mixture cannot be separated by simple mechanical removal processes; and

(b) based on visual inspection, the volume of the mixture is made up primarily of soil or other finely divided material that is similar to soil;

“stationary refrigerant waste” means refrigerant that is not mobile refrigerant waste and that is removed from an air-conditioning unit, heat pump, refrigeration or freezer unit;

“stationary refrigerant waste collector” means a stationary refrigerant waste management system that collects stationary refrigerant waste it has removed from equipment in which refrigerant is used;

“stationary refrigerant waste recycler” means a stationary refrigerant waste management system that receives stationary refrigerant waste from other stationary refrigerant waste management systems and recycles it;

“subject waste” means,

(a) liquid industrial waste, and

Note: On December 31, 2009, clause (a) is revoked and the following substituted:

(a) liquid industrial waste,

See: O. Reg. 461/05, ss. 1 (22), 29 (5).

(b) hazardous waste,

Note: On December 31, 2009, clause (b) is revoked and the following substituted:

(b) hazardous waste, and

(b.1) 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),

See: O. Reg. 461/05, ss. 1 (22), 29 (5).

but does not include waste described in subsection (3);

“thermal treatment” includes incineration, gasification, pyrolysis or plasma arc treatment;

“thermal treatment site” means a waste disposal site where thermal treatment is used;

“total waste disposal volume” means, for a landfilling site, the maximum volume of waste, including the volume of any daily or intermediate cover, to be deposited at the site in the space extending from the base of the waste fill zone or the top of any engineered facilities located on the base of the site to the bottom of the final cover;

“Toxicity Characteristic Leaching Procedure” means the Toxicity Characteristic Leaching Procedure, Method 1311, that appears in United States Environmental Protection Agency Publication SW-846 entitled “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, as amended from time to time, or a test method that the Director has approved in writing as equivalent;

“transfer” means physical transfer of possession;

“transfer station” means a waste disposal site used for the purpose of transferring waste from one vehicle to another for transportation to another waste disposal site;

“treatment code” means a code listed as a treatment code in Schedule 7;

“vehicle” includes a rail car;

“vehicle sewage holding tank” means a device permanently mounted in or on a vehicle to receive in-vehicle sewage produced in the vehicle;

“waste battery recovery facility” means a site at which intact waste batteries are received for recovery of battery components and at which no disposal of intact waste batteries or of recovered battery components takes place;

“waste biomass” means organic matter that is derived from a plant or animal, that is available on a renewable basis and that is,

(a) waste from harvesting or processing agricultural products or forestry products,

(b) waste resulting from the rendering of animals or animal by-products,

(c) solid or liquid material that results from the treatment of wastewater generated by a manufacturer of pulp, paper, recycled paper or paper products, including corrugated cardboard,

(d) waste from food processing and preparation operations, or

(e) woodwaste;

“waste electrical and electronic equipment” has the same meaning as in Ontario Regulation 393/04 (Waste Electrical and Electronic Equipment) made under the Waste Diversion Act, 2002;

“waste fill zone” means the three-dimensional zone in which waste is disposed of by landfilling;

“waste generation facility” means those facilities, equipment and operations that are involved in the production, collection, handling or storage of waste at a site;

“waste transportation system” means those facilities, equipment and operations that are involved in transporting waste beyond the boundaries of a site or from site to site;

“waste-derived fuel” means waste that,

(a) is hazardous waste, liquid industrial waste, waste described in clause (p), (q), (r), (s), (t) or (u) of the definition of “hazardous waste” or waste described in clause (d) of the definition of “liquid industrial waste”,

(b) contains not more than 5 milligrams per kilogram arsenic, not more than 2 milligrams per kilogram cadmium, not more than 10 milligrams per kilogram chromium, not more than 50 milligrams per kilogram lead, not more than 2 milligrams per kilogram PCBs (as defined in Regulation 362 of the Revised Regulations of Ontario, 1990) and not more than 1,500 milligrams per kilogram total halogens,

(c) has a flash point of at least 38° Celsius as determined by the Tag Closed Cup Tester (ASTM D-56-79), the Setaflash Closed Cup Tester (ASTM D-3243-77 or ASTM D-3278-78), the Pensky-Martens Closed Cup Tester (ASTM D-93-79) or an equivalent test method approved by the Director,

(d) has a quality as fuel not worse than commercially available low grade fuel, and

(e) is located at or destined for a waste-derived fuel site, where it will be wholly utilized as a fuel or fuel supplement in a combustion unit;

“waste-derived fuel site” means a waste disposal site where waste-derived fuel is wholly utilized as a fuel or fuel supplement in a combustion unit used principally for functions other than waste management and the site may include blending or bulking facilities but may not include facilities for treatment or processing of waste-derived fuel generated off the site;

“woodwaste” means waste,

(a) that is wood or a wood product, including tree trunks, tree branches, leaves and brush,

(b) that is not contaminated with chromated copper arsenate, ammoniacal copper arsenate, pentachlorophenol or creosote, and

(c) from which easily removable hardware, fittings and attachments, unless they are predominantly wood or cellulose, have been removed,

but does not include,

(d) an upholstered article, or

(e) an article to which a rigid surface treatment is affixed or adhered, unless the rigid surface treatment is predominantly wood or cellulose;

“woodwaste combustor site” means a waste disposal site where woodwaste is subject to thermal treatment or wholly utilized as a fuel or fuel supplement in a combustion unit. R.R.O. 1990, Reg. 347, s. 1; O. Reg. 240/92, s. 1; O. Reg. 501/92, s. 1; O. Reg. 555/92, s. 1; O. Reg. 105/94, s. 1; O. Reg. 190/94, s. 1; O. Reg. 512/95, s. 1; O. Reg. 157/98, s. 1; O. Reg. 460/99, s. 1; O. Reg. 558/00, s. 1 (1-11); O. Reg. 501/01, s. 1; O. Reg. 323/02, s. 1; O. Reg. 461/05, s. 1 (1-21, 23-25); O. Reg. 102/07, s. 1 (1-6); O. Reg. 280/07, s. 1; O. Reg. 292/07, s. 1; O. Reg. 395/07, s. 1; O. Reg. 217/08, s. 1 (1).

(1.1)  For the purpose of better understanding the definition of “engineered facility” in subsection (1), the following things are examples of common engineered facilities, if they are intended to be functional elements or features of a landfilling site for more than five years:

1. Berms.

2. Drainage ditches.

3. Liners.

4. Covers.

5. Pumps.

6. Facilities to detect, monitor, control, collect, redirect or treat leachate, surface water or ground water.

7. Facilities to detect, monitor, control, collect, redirect, treat, utilize or vent landfill gas. O. Reg. 217/08, s. 1 (2).

(2)  For the purpose of this Regulation, a waste is derived from a hazardous waste if it is produced from the hazardous waste by blending, stabilization, processing, treatment or disposal. O. Reg. 558/00, s. 1 (12).

(3)  The definition of “subject waste” in subsection (1) does not include the following wastes:

1. Waste from the servicing of motor vehicles at a retail motor vehicle service station or service facility that has a written agreement for the collection and management of such waste with a waste management system approved under Part V of the Act for the purposes.

2. Intact waste batteries destined for a waste battery recovery facility.

3. Common mercury waste destined for a common mercury waste recovery facility.

4. Waste electrical and electronic equipment that is intact and is destined for a site at which it is to be processed for the recovery of materials.

5. Printed circuit boards that are waste, are intact and are destined for a site at which they are to be processed for the recovery of materials.

6. Waste from,

i. a nursing home under the Nursing Homes Act,

ii. a home under the Homes for the Aged and Rest Homes Act,

iii. a home for special care under the Homes for Special Care Act,

iv. the professional office of a member of the Royal College of Dental Surgeons of Ontario, or

v. the professional office of a member of the College of Physicians and Surgeons of Ontario. O. Reg. 102/07, s. 1 (7).

Designation and Exemption of Wastes

2.  (1)  The following are designated as wastes:

1. Dust suppressant.

2. Inert fill.

3. Processed organic waste.

4. Material that consists solely of waste from one or more of the categories set out in Schedule 1, 2 or 3 of Ontario Regulation 101/94 and that either,

i. has been separated from other kinds of waste at the source of the material, or

ii. comes from a waste disposal site.

5. Rock fill or mill tailings from a mine.

6. Waste-derived fuel.

7. Hazardous waste.

8. Hauled liquid industrial waste.

9. Used tires that have not been refurbished for road use.

10. Stationary refrigerant waste.

11. Mobile refrigerant waste.

12. Woodwaste.

13. Municipal waste.

14. Residue from an industrial, manufacturing or commercial process or operation, if the residue leaves the site where the process or operation is carried on.

15. Hauled sewage.

16. Used lubricating oil. O. Reg. 555/92, s. 2; O. Reg. 105/94, s. 2 (1); O. Reg. 128/98, s. 1; O. Reg. 157/98, s. 2; O. Reg. 280/07, s. 2.

(2)  The following materials from the time they leave a construction site or a demolition site are designated wastes:

1. Brick.

2. Corrugated cardboard.

3. Concrete.

4. Drywall.

5. Steel.

6. Wood. O. Reg. 105/94, s. 2 (2).

(3)  A designation set out in subsection (2) does not apply to material leaving a construction site or demolition site that is being delivered,

(a) to the vendor of the material for resale as construction material;

(b) to permanent premises of the person undertaking the construction or the person on whose behalf the construction is undertaken, for use as construction material by or for the person; or

(c) to permanent premises of the person undertaking the demolition or the person on whose behalf the demolition is undertaken, for use as construction material by or for the person. O. Reg. 105/94, s. 2 (2).

3.  (1)  The following wastes are exempted from Part V of the Act and this Regulation:

1. Agricultural wastes.

2. Condemned animals or parts thereof at a plant licensed under the Meat Inspection Act (Ontario) or an establishment operating under the Meat Inspection Act (Canada).

3. Dead animals to which the Dead Animal Disposal Act applies

4. Revoked: O. Reg. 157/98, s. 3.

5. Inert fill.

6. Rock fill or mill tailings from a mine.

7. Material set out in subsection (2). R.R.O. 1990, Reg. 347, s. 3; O. Reg. 105/94, s. 3 (1); O. Reg. 157/98, s. 3.

(2)  The material referred to in paragraph 7 of subsection (1) is any of the following:

1. Municipal waste, hazardous waste or liquid industrial waste, other than used or shredded or chipped tires, transferred by a generator for direct transportation to a site,

i. to be wholly used at the site in an ongoing agricultural, commercial, manufacturing or industrial process or operation used principally for functions other than waste management if the process or operation does not involve combustion or land application of the waste,

ii. to be promptly packaged for retail sale to meet a realistic market demand, or

iii. to be offered for retail sale to meet a realistic market demand.

2. Municipal waste, consisting solely of waste from a single category of waste set out in Schedule 1, 2 or 3 of Ontario Regulation 101/94, transferred by a generator and destined for,

i. a waste disposal site that, but for the exemption in section 5 of Ontario Regulation 101/94, would be a municipal waste recycling site to which Part IV of that regulation applies and that is located at a manufacturing establishment that uses all the output, other than residues, of the site, or

ii. a site for use at the site in an ongoing agricultural, commercial, manufacturing or industrial process or operation used principally for functions other than waste management if the process or operation does not involve combustion or land application of the waste.

3. Residue remaining after metal is recovered from wire and cable and transferred by a generator for direct transportation to a site at which it will be processed for recovery of metal and plastic using a process that does not involve combustion of the residue or any part of the residue.

4. Chipped wood, other than chipped painted wood, chipped treated wood or chipped laminated wood, intended for use as ground cover.

5. Waste wood, other than painted wood, treated wood or laminated wood, transferred by a generator and destined for a site at which it is to be chipped for eventual use as ground cover.

6. Pickle liquor transferred by a generator for direct transportation to a site at which it is to be wholly utilized as a treatment chemical in,

i. a sewage works that is subject to the Ontario Water Resources Act,

i.1 a sewage works outside Ontario, if the utilization of pickle liquor for this purpose is acceptable to the environmental regulatory authority in the jurisdiction where the sewage works is located, or

ii. a wastewater treatment facility that discharges into a sanitary sewer.

7. Solid photographic waste that contains silver, including spent chemical recovery cartridges that contain silver, transferred by a generator and destined for a site at which it is to be processed for recovery of silver.

8. Waste paint or waste coatings transferred by a generator and destined for a site at which the waste is to be used in an ongoing manufacturing process for the production of paint or coatings, if the process does not involve combustion of the waste and the paint or coatings that are produced are not used as fuel.

9. Emission control dust from the primary production of steel in electric furnaces, if the dust is transferred by a generator for direct transportation to a site at which it is to be used as a feedstock in an ongoing high temperature metal recovery process in a rotary kiln, flame reactor, electric furnace, plasma arc furnace, slag reactor, industrial furnace or combination of a rotary hearth furnace and electric furnace.

10. Spent activated carbon transferred by a generator for direct transportation to a site at which it is to be used in a process to reactivate activated carbon.

11. Metal bearing waste, other than lead acid batteries or aqueous waste, that is transferred by a generator for direct transportation to a smelter at which the waste is to be used as a feedstock in an ongoing operation for the recovery of metal, including waste that, for the purpose of being used as a feedstock, is processed through size reduction, blending, calcining, roasting, sintering, drying, pelletizing, cleaning, leaching or separation of solids from liquids, but not including waste that, for the purpose of being used as a feedstock, is processed in any other manner.

12. Printed circuit boards that are waste and that are transferred by a generator and destined for a smelter at which they are to be used as a feedstock in an ongoing operation for the recovery of metal.

13. Waste that is to be processed and used at the same site where it is generated, if,

i. neither the processing nor the use of the waste involves combustion or land application of the waste, and

ii. the waste is not PCB waste, soil or a soil mixture.

14. Waste biomass transferred by a generator and destined for a site at which it is to be used as a feedstock in the production of ethanol or biodiesel, whether or not it is processed before it is used as a feedstock and whether or not it is processed before it is received at the site at which it is to be used as a feedstock.

15. Crumb rubber recovered from used, chipped or shredded tires and destined for use as a feedstock in the production of rubber products other than fuel products.

16. Waste glass that is to be used as aggregate in pipe bedding or in the subsurface of roads or parking areas.

17. Waste asphalt pavement transferred by a generator for direct transportation to,

i. a site at which it is to be used as construction aggregate, or

ii. a site at which waste asphalt pavement is processed for use as construction aggregate and at which no disposal of waste or processed waste takes place.

18. Waste asphalt pavement transferred by a generator for direct transportation to a site at which waste asphalt pavement is stored for use as construction aggregate, if,

i. the waste asphalt pavement is stored at least 30 metres away from the nearest watercourse, lake or pond, or there are engineered works in place to prevent the waste from having any adverse effect on any watercourse, lake or pond, and

ii. the waste asphalt pavement is stored at,

A. a construction area for not more than 120 days,

B. a permanent place of business for a person who is in the business of construction,

C. a pit or quarry for which a permit or licence has been issued under the Aggregate Resources Act,

D. a road works yard owned by a municipality or the Crown in right of Ontario, or

E. a place that is at least 100 metres from the nearest dwelling.

19. Waste asphalt shingles transferred by a generator and destined for a site at which they will be used as aggregate or surface layer in the construction of walkways for pedestrian use, roads or parking areas, if, before being used for that purpose, the shingles are processed at a site at which the only processing that occurs is sorting, size reduction and the removal of other wastes from the shingles.

20. Organic waste from food processing and preparation operations or operations for the sale or distribution of food, if,

i. the waste is transferred by a generator and destined for a site at which the waste will be used in an ongoing agricultural, commercial, manufacturing or industrial process or operation, whether or not it is processed before it is used in the process or operation and whether or not it is processed before it is received at the site at which it will be used in the process or operation, and

ii. the agricultural, commercial, manufacturing or industrial process or operation does not involve combustion or land application of the waste.

21. Waste that is anaerobic digestion output generated by a regulated mixed anaerobic digestion facility on an agricultural operation and that is intended for application on agricultural land as nutrient. O. Reg. 105/94, s. 3 (2); O. Reg. 128/98, s. 2 (1); O. Reg. 461/05, s. 2; O. Reg. 102/07, s. 2 (1); O. Reg. 395/07, s. 2 (1).

(3)  Despite subsection (1), material that is referred to in subparagraph 1 i or paragraph 6, 9, 10 or 11 of subsection (2) is exempt from Part V of the Act and this Regulation only if the carrier has in his or her possession while transporting the material a document from the owner or operator of the site to which the material is being transported that,

(a) indicates that the owner or operator of the site to which the material is being transported agrees to accept the material;

(b) specifies the use that will be made of the material; and

(c) if the paragraph of subsection (2) that refers to the material refers to an ongoing process or operation, stipulates that the process or operation is ongoing at the time the material is being transported. O. Reg. 102/07, s. 2 (2).

(3.1)  Despite subsection (1), material that is referred to in paragraph 7 or 8 of subsection (2) is exempt from Part V of the Act and this Regulation only if,

(a) every carrier has in his or her possession while transporting the material a document from the owner or operator of the site to which the material is destined that,

(i) indicates that the owner or operator of the site to which the material is destined agrees to accept the material,

(ii) specifies the use that will be made of the material, and

(iii) if the material is referred to in paragraph 8 of subsection (2), stipulates that the manufacturing process referred to in that paragraph is ongoing at the time the material is being transported; and

(b) the owner or operator of every site to which the material is delivered and at which the material is collected, handled, stored or transferred before reaching the site to which the material is destined has in his or her possession while collecting, handling, storing or transferring the material a document from the owner or operator of the site to which the material is destined that,

(i) indicates that the owner or operator of the site to which the material is destined agrees to accept the material,

(ii) specifies the use that will be made of the material, and

(iii) if the material is referred to in paragraph 8 of subsection (2), stipulates that the manufacturing process referred to in that paragraph is ongoing at the time the material is being collected, handled, stored or transferred. O. Reg. 102/07, s. 2 (2).

(3.2)  If a waste referred to in paragraph 13 of subsection (2) is one of the following types of waste, any residue from the processing of the waste shall be deemed, for the purposes of this Regulation, to be a waste derived from a waste referred to in clause (a) of the definition of that type of waste in subsection 1 (1):

1. Acute hazardous waste chemical.

2. Hazardous industrial waste.

3. Hazardous waste chemical.

4. Severely toxic waste. O. Reg. 102/07, s. 2 (2).

(3.3)  Paragraph 20 of subsection (2) does not apply to organic waste from food processing and preparation operations or operations for the sale or distribution of food, if the waste is transferred by a generator and destined for a site at which the waste will be subject to anaerobic digestion, composting or any other process or operation that results in the production of material intended for land application. O. Reg. 395/07, s. 2 (2).

(4)  In subsection (2),

“ground cover” means,

(a) mulch,

(b) landscaping material, or

(c) surfacing material for,

(i) trails or walkways for pedestrian use,

(ii) trails or paths for use by livestock or other animals,

(iii) pens or enclosures for livestock or other animals,

(iv) playgrounds,

(v) parking areas, or

(vi) private roads. O. Reg. 128/98, s. 2 (2).

Waste Disposal Sites and Waste Management Systems

4.  Revoked: O. Reg. 105/94, s. 4.

5.  (1)  The following waste disposal sites are exempt from Part V of the Act and this Regulation:

1. On-site incinerators at the site of a veterinary hospital.

2. On-site garbage grinders.

3. Derelict motor vehicle sites.

4. Incinerators at the site of a crematorium within the meaning of the Cemeteries Act.

5. Regulated mixed anaerobic digestion facilities. R.R.O. 1990, Reg. 347, s. 5 (1); O. Reg. 395/07, s. 3.

(2)  Dust suppression sites designated in a certificate of approval or provisional certificate of approval for a dust suppression waste management system and established and operated in accordance therewith are exempt from the requirement to have a waste disposal site certificate of approval or provisional certificate of approval. R.R.O. 1990, Reg. 347, s. 5 (2).

(3)  Revoked: O. Reg. 555/92, s. 4.

(4)  No person shall use waste oil as a dust suppressant. R.R.O. 1990, Reg. 347, s. 5 (4).

5.0.1  (1)  In this section,

“municipal waste pilot project site” means a waste disposal site, other than a landfilling site or dump, where municipal waste is processed or disposed of primarily to,

(a) assist in the design of technology for processing or disposing of municipal waste,

(b) assess the merits of a technology for processing or disposing of municipal waste, or

(c) demonstrate the merits of a technology for processing or disposing of municipal waste. O. Reg. 102/07, s. 3.

(2)  Section 30 of the Act does not apply to an application for a certificate of approval for the use, operation, establishment, alteration, extension or enlargement of a municipal waste pilot project site if,

(a) the applicant gives the Director a written notice that,

(i) specifically mentions this subsection, and

(ii) requests that section 30 of the Act not apply; and

(b) the Director is satisfied that 75 tonnes of municipal waste or less will be processed or disposed of at the site on any day. O. Reg. 102/07, s. 3.

(3)  If a certificate of approval or provisional certificate of approval is issued on an application to which subsection (2) applied,

(a) the operator of the municipal waste pilot project site shall promptly notify the Director in writing of the date that municipal waste is first received at the site pursuant to the certificate of approval or provisional certificate of approval; and

(b) the operator of the municipal waste pilot project site shall ensure that not more than 75 tonnes of municipal waste are processed or disposed of at the site on any day. O. Reg. 102/07, s. 3.

(4)  A certificate of approval or provisional certificate of approval that is issued on an application to which subsection (2) applies must contain a term or condition that prohibits the operation of the municipal waste pilot project site after the third anniversary of the date that municipal waste is first received at the site, or after such earlier date as is specified in the certificate of approval or provisional certificate of approval. O. Reg. 102/07, s. 3.

(5)  Subject to subsections (8) and (9), the Director may, on application, alter the term or condition referred to in subsection (4) if he or she is satisfied that the alteration is necessary to,

(a) assist in the design of technology for processing or disposing of municipal waste;

(b) assess the merits of a technology for processing or disposing of municipal waste; or

(c) demonstrate the merits of a technology for processing or disposing of municipal waste. O. Reg. 102/07, s. 3.

(6)  Subsection (2) applies, with necessary modifications, to an application to alter the term or condition referred to in subsection (4). O. Reg. 102/07, s. 3.

(7)  The Director is not required to consider an application to alter the term or condition referred to in subsection (4) if,

(a) the application is seeking the first alteration of the term or condition; and

(b) the application is made less than half way through the period between the date that municipal waste is first received at the site and the date after which the term or condition prohibits the operation of the municipal waste pilot project site. O. Reg. 102/07, s. 3.

(8)  An alteration under subsection (5) shall not extend the period during which the municipal waste pilot project site may be operated for more than 12 months. O. Reg. 102/07, s. 3.

(9)  An alteration under subsection (5) shall not extend the period during which the municipal waste pilot project site may be operated beyond the fifth anniversary of the date that municipal waste is first received at the site. O. Reg. 102/07, s. 3.

5.1  (1)  A waste disposal site that is the subject of an application for a certificate of approval referred to in subsection 30 (1) of the Act is exempt from the requirements of subsection 30 (1) of the Act, but only in relation to the application, and only if the application is not for an approval for,

(a) the deposit of waste at a dump;

(b) the landfilling of waste; or

(c) the disposal of waste by thermal treatment. O. Reg. 457/93, s. 1; O. Reg. 102/07, s. 4.

(2)  For the purposes of clause (1) (a), the deposit of waste at a dump does not include the handling, storing, transferring, treating or processing of waste at a dump. O. Reg. 457/93, s. 1.

5.2  (1)  In this section,

“service area”, with respect to a landfilling site, means the geographical area from which the site is permitted, under a certificate of approval or a provisional certificate of approval, to receive municipal waste. O. Reg. 299/94, s. 1.

(2)  A municipality that owns or operates a landfilling site is exempt from sections 27, 30 and 32 of the Act with respect to increasing the service area of the site if the additional area from which the site will receive municipal waste is,

(a) within the boundaries of the local municipality in which the site is located or, if the upper tier municipality in which the local municipality is located is exercising the power to provide land filling sites for the local municipality, within the boundaries of that upper tier municipality;

(b) within the boundaries of the municipality that owns or operates the site;

(c) within the boundaries of an area that is not organized as a municipality and that abuts the municipality that owns or operates the site; or

(d) within the boundaries of a separated municipality that abuts the municipality that owns or operates the site. O. Reg. 299/94, s. 1.

(3)  A municipality that owns or operates a landfilling site is exempt from sections 30 and 32 of the Act with respect to an increase in the rate at which municipal waste may be received at the site from areas within its service area. O. Reg. 299/94, s. 1.

(4)  If a municipality owns or operates a landfilling site that has been filled in accordance with an exemption under this section, the municipality is exempt from sections 27, 30 and 32 of the Act with respect to increasing the service area of another landfilling site that it owns and operates if the additional area from which the other site will receive municipal waste is part or all of the area from which the filled site received municipal waste. O. Reg. 299/94, s. 1; O. Reg. 461/05, s. 3.

(5)  A person, other than a municipality, who owns or operates a landfilling site is exempt from sections 27, 30 and 32 of the Act with respect to increasing the service area of the site if,

(a) the additional area from which the site will receive municipal waste is within the boundaries of a municipality from which it already receives municipal waste;

(b) the municipality referred to in clause (a) is a local municipality or an upper tier municipality that is exercising the power to provide landfilling sites for the local municipality; and

(c) the site has a certificate of approval or a provisional certificate of approval, the terms or conditions of which establish a periodic quantity limit for deliveries of waste to the landfilling site. O. Reg. 299/94, s. 1.

(6)  A person, other than a municipality, who owns or operates a landfilling site is exempt from sections 30 and 32 of the Act with respect to increasing the service area of the site if,

(a) the additional area from which the site will receive municipal waste is within the boundaries of a municipality from which it already receives municipal waste;

(b) the municipality referred to in clause (a) is a local municipality or an upper tier municipality that is exercising the power to provide landfilling sites for the local municipality;

(c) the site has a certificate of approval or a provisional certificate of approval;

(d) the Director imposes a term or condition establishing a periodic quantity limit for deliveries of waste to the site; and

(e) the periodic quantity limit is equivalent to an estimate based on existing terms or conditions defining a service area for the site or on historic deliveries to the site. O. Reg. 299/94, s. 1.

6.  (1)  For the purposes of subsection (3),

(a) each tire weighing less than twelve kilograms is one tire unit;

(b) each tire weighing twelve kilograms or more is the number of tire units that results from dividing twelve into the number of kilograms that the tire weighs; and

(c) each twelve kilograms of chipped or shredded tires is a tire unit. R.R.O. 1990, Reg. 347, s. 6 (1).

(2)  Steel that has been separated from other components of tires in the process of chipping or shredding tires shall not be counted for the purposes of clause (1) (c). R.R.O. 1990, Reg. 347, s. 6 (2).

(3)  Section 27 of the Act does not apply in respect of a used tire site if,

(a) the total number of tire units at the site is less than 5,000;

(b) the total volume of the piles of tire units at the site is less than 300 cubic metres; and

(c) used, chipped or shredded tires are not subject to thermal treatment or buried at the site. O. Reg. 183/92, s. 1; O. Reg. 555/92, s. 5 (1); O. Reg. 102/07, s. 5.

(4)  Despite subsection (3), the only persons exempted from section 40 of the Act for depositing waste at a used tire site described in subsection (3) are persons belonging to one of the following classes:

1. The owner of the land on which the site is located.

2. A person acting with the written permission of the owner of the land on which the site is located.

3. The operator of a motor vehicle service station acting in the ordinary course of the service station business, in the case of a site that is accessory to the station.

4. A person acting with the permission of the operator of a motor vehicle service station and in the ordinary course of the service station business, in the case of a site that is accessory to the station. O. Reg. 183/92, s. 1; O. Reg. 555/92, s. 5 (2).

(5)  Revoked: O. Reg. 183/92, s. 1.

7.  Section 27 of the Act does not apply to vehicle sewage holding tanks. O. Reg. 157/98, s. 4.

8.  (1)  The following waste management systems are exempt from Part V of the Act and this Regulation:

1. Individual collection systems.

2. Marine craft waste disposal systems. R.R.O. 1990, Reg. 347, s. 8 (1).

(2)  Revoked: O. Reg. 461/05, s. 4.

(3)  Section 27 of the Act does not apply in respect of trucks for hauling used tires. R.R.O. 1990, Reg. 347, s. 8 (3).

(3.1)  Subject to subsection (3.2), sections 27, 40 and 41 of the Act do not apply in respect of trucks for hauling off-farm anaerobic digestion materials listed in Schedule 1 or 2 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002 to a waste disposal site that, pursuant to paragraph 5 of subsection 5 (1), is exempt from Part V of the Act and this Regulation. O. Reg. 395/07, s. 4.

(3.2)  Trucks for hauling off-farm anaerobic digestion materials to a waste disposal site referred to in subsection (3.1) are exempt from sections 27, 40 and 41 of the Act only if every carrier has in his or her possession while transporting the materials a document from the owner or operator of the waste disposal site that indicates that the owner or operator of the site agrees to accept the materials. O. Reg. 395/07, s. 4.

(4)  Sections 27, 40 and 41 of the Act do not apply in respect of a waste management system or waste disposal site, if the only management of waste done by the system or at the site is the collection, handling, transportation, storage or transfer of,

(a) waste that consists only of,

(i) waste electrical and electronic equipment that is intact, or

(ii) printed circuit boards,

and that is transferred by a generator and is destined for a site at which the waste is to be processed for the recovery of materials;

(b) intact waste batteries that are transferred by a generator and are destined for a waste battery recovery facility; or

(c) common mercury waste that is transferred by a generator and is destined for a common mercury waste recovery facility. O. Reg. 102/07, s. 6.

(5)  Despite clauses (4) (b) and (c), a waste management system or waste disposal site for the collection, handling, transportation, storage or transfer of waste referred to in those clauses is exempt from sections 27, 40 and 41 of the Act only if,

(a) every carrier has in his or her possession while transporting the waste a document from the owner or operator of the waste battery recovery facility or common mercury waste recovery facility that indicates that the owner or operator of the facility agrees to accept the waste; and

(b) the owner or operator of every site at which the waste is collected, handled, stored or transferred before reaching the waste battery recovery facility or common mercury waste recovery facility has in his or her possession while collecting, handling, storing or transferring the material a document from the owner or operator of the waste battery recovery facility or common mercury waste recovery facility that indicates that the owner or operator of the facility agrees to accept the waste. O. Reg. 102/07, s. 6.

(6)  Sections 27, 40 and 41 of the Act do not apply in respect of a waste disposal site if,

(a) the only management of waste done at the waste disposal site is the collection, handling, storage, transfer or processing of woodwaste;

(b) none of the woodwaste is stored at the waste disposal site for more than 18 months;

(c) the woodwaste is transferred by a generator and is destined for one or more woodwaste combustor sites;

(d) the owner or operator of the waste disposal site has in his or her possession, while collecting, handling, storing, transferring or processing woodwaste, a document from the owner or operator of each woodwaste combustor site to which the woodwaste is destined that indicates that,

(i) the owner or operator of the woodwaste combustor site agrees to accept the woodwaste, and

(ii) the woodwaste will be used at the woodwaste combustor site principally for functions other than waste disposal; and

(e) no more woodwaste is stored at the waste disposal site than is reasonably capable of being subject to thermal treatment or wholly utilized as a fuel or fuel supplement during a period of six months at the woodwaste combustor sites to which the woodwaste is destined. O. Reg. 102/07, s. 6.

(7)  Sections 27, 40 and 41 of the Act do not apply in respect of a waste management system if,

(a) the only management of waste done by the waste management system is the collection, handling, transportation, storage, transfer or processing of woodwaste;

(b) none of the woodwaste is stored at waste disposal sites that are part of the waste management system for more than 18 months;

(c) the woodwaste is transferred by a generator and is destined for one or more woodwaste combustor sites;

(d) the owner or operator of every waste disposal site that is part of the waste management system has in his or her possession, while collecting, handling, storing, transferring or processing woodwaste, a document from the owner or operator of each woodwaste combustor site to which the woodwaste is destined that indicates that,

(i) the owner or operator of the woodwaste combustor site agrees to accept the woodwaste, and

(ii) the woodwaste will be used at the woodwaste combustor site principally for functions other than waste disposal; and

(e) no more woodwaste is stored at waste disposal sites that are part of the waste management system than is reasonably capable of being subject to thermal treatment or wholly utilized as a fuel or fuel supplement during a period of six months at the woodwaste combustor sites to which the woodwaste is destined. O. Reg. 102/07, s. 6.

(8)  If, pursuant to subsection (6) or (7), sections 27, 40 and 41 of the Act do not apply in respect of a waste disposal site or waste management system, the owner and the operator of the waste disposal site or waste management system shall ensure that all woodwaste that is transported from the waste disposal site or by the waste management system is transported to,

(a) a woodwaste combustor site that uses the woodwaste principally for functions other than waste disposal; or

(b) a waste disposal site or waste management system that, pursuant to subsection (6) or (7), is also exempt from sections 27, 40 and 41 of the Act. O. Reg. 102/07, s. 6.

(9)  Sections 27, 40 and 41 of the Act do not apply in respect of a waste disposal site if,

(a) the only management of waste done at the waste disposal site is the collection, handling, storage, transfer or processing of woodwaste; and

(b) the site is operated by the holder of a land use permit issued under the Public Lands Act that authorizes the collection, handling, storage transfer or processing of woodwaste at the site. O. Reg. 102/07, s. 6.

9.  The standards, procedures and requirements set out in this Regulation do not apply to the extent that terms and conditions set out in a certificate of approval or a provisional certificate of approval issued under section 39 of the Act impose different standards, procedures or requirements. R.R.O. 1990, Reg. 347, s. 9.

10.  No person shall use, operate or establish a waste management system or waste disposal site or any part of either of them except in accordance with the applicable prescribed standards. R.R.O. 1990, Reg. 347, s. 10.

Standards for Waste Disposal Sites

11.  The following are prescribed as standards for the location, maintenance and operation of a landfilling site:

1. Access roads and on-site roads shall be provided so that vehicles hauling waste to and on the site may travel readily on any day under all normal weather conditions.

2. Access to the site shall be limited to such times as an attendant is on duty and the site shall be restricted to use by persons authorized to deposit waste in the fill area.

3. Drainage passing over or through the site shall not adversely affect adjoining property and natural drainage shall not be obstructed.

4. Drainage that may cause pollution shall not, without adequate treatment, be discharged into watercourses.

5. Waste shall be placed sufficiently above or isolated from the maximum water table at the site in such manner that impairment of groundwater in aquifers is prevented and sufficiently distant from sources of potable water supplies so as to prevent contamination of the water, unless adequate provision is made for the collection and treatment of leachate.

6. Where necessary to isolate a landfilling site and effectively prevent the egress of contaminants, adequate measures to prevent water pollution shall be taken by the construction of berms and dykes of low permeability.

7. Where there is a possibility of water pollution resulting from the operation of a landfilling site, samples shall be taken and tests made by the owner of the site to measure the extent of egress of contaminants and, if necessary, measures shall be taken for the collection and treatment of contaminants and for the prevention of water pollution.

8. The site shall be located a reasonable distance from any cemetery.

9. Adequate and proper equipment shall be provided for the compaction of waste into cells and the covering of the cells with cover material.

10. Where climatic conditions may prevent the use of the site at all times, provisions shall be made for another waste disposal site which can be used during such periods.

11. Where required for accurate determination of input of all wastes by weight, scales shall be provided at the site or shall be readily available for use.

12. All waste disposal operations at the site shall be adequately and continually supervised.

13. Waste shall be deposited in an orderly manner in the fill area, compacted adequately and covered by cover material by a proper landfilling operation.

14. Procedures shall be established for the control of rodents or other animals and insects at the site.

15. Procedures shall be established, signs posted, and safeguards maintained for the prevention of accidents at the site.

16. The waste disposal area shall be enclosed to prevent entry by unauthorized persons and access to the property shall be by roadway closed by a gate capable of being locked.

17. A green belt or neutral zone shall be provided around the site and the site shall be adequately screened from public view.

18. Whenever any part of a fill area has reached its limit of fill, a final cover of cover material shall be placed on the completed fill and such cover shall be inspected at regular intervals over the next ensuing period of two years and where necessary action shall be taken to maintain the integrity and continuity of the cover materials.

19. Scavenging shall not be permitted. R.R.O. 1990, Reg. 347, s. 11.

11.1  (1)  The owner and the operator of a landfilling site described in subsection (2) shall ensure that on or before June 30, 2009 a written report is submitted to the Section 39 Director respecting,

(a) the design, operation, maintenance and monitoring of the facilities for the collection, and for the burning or use, of landfill gas generated by the site during site operation and following site closure; and

(b) if any of the facilities referred to in clause (a) already exist, the improvements, if any, that can be made to those facilities to increase the amount of landfill gas generated by the site that can be collected, and burned or used, and the date by which the improvements can be made and implemented. O. Reg. 217/08, s. 2.

(2)  This section applies to a landfilling site that meets the following criteria:

1. The site accepts only municipal waste for disposal.

2. On or after June 30, 2009, the site will landfill waste under a certificate of approval or provisional certificate of approval issued under Part V of the Act.

3. On or after June 30, 2009, the site will have a total waste disposal volume of more than 1.5 million cubic metres.

4. A written report has not been required to be prepared with respect to the site under subsection 15 (1) of Ontario Regulation 232/98 (Landfilling Sites) made under the Act. O. Reg. 217/08, s. 2.

(3)  This section does not apply to a landfilling site associated with forest products operations, such as the operations of a lumber mill, sawmill, pulp mill or similar facility, if the waste deposited at the site is produced by the forest products operations and is predominantly solid, non-hazardous process waste, such as woodwaste, effluent treatment solids, hog fired boiler ash, recycling process rejects, lime mud, grits or dregs. O. Reg. 217/08, s. 2.

(4)  This section does not apply to a landfilling site if the only waste landfilled at the site is coal ash. O. Reg. 217/08, s. 2.

(5)  This section does not apply to a landfilling site if a written report is submitted to the Section 39 Director before June 30, 2009 showing that the nature and quantity of landfill gas generated by the site is not likely to be of significant concern to the Director, based on the following factors:

1. The characteristics of the site.

2. The type of waste to be deposited.

3. The rate at which waste is deposited at the site. O. Reg. 217/08, s. 2.

(6)  This section does not apply to a landfilling site that meets the following criteria:

1. The site operates under a certificate of approval or provisional certificate of approval issued under Part V of the Act.

2. The certificate of approval or provisional certificate of approval permits the use of facilities for the collection, and for the burning or use, of landfill gas generated by the site during site operation but does not require that some or all of those facilities be used.

3. The site has in operation facilities that are not required by the certificate of approval or provisional certificate of approval for the collection, and for the burning or use, of landfill gas generated by the site during site operation.

4. The owner or the operator of the site gives the Section 39 Director a written notice that,

i. specifically mentions this subsection, and

ii. requests that this section not apply. O. Reg. 217/08, s. 2.

11.2  (1)  If section 11.1 does not apply to a landfilling site because the criteria listed in subsection 11.1 (6) are met, the owner and the operator of the site shall ensure that, on or before June 30, 2009, a written report is submitted to the Section 39 Director,

(a) identifying the areas of the site where facilities for the collection, and for the burning or use, of landfill gas generated by the site during site operation are in operation and for which there is no requirement under the certificate of approval or provisional certificate of approval under which the site operates;

(b) describing the design and operation of the facilities for the collection, and for the burning or use, of landfill gas generated by the site during site operation and following site closure in the areas of the site that are identified in clause (a);

(c) respecting the design, operation, maintenance and monitoring of the facilities for the collection, and for the burning or use, of landfill gas generated by the site during site operation and following site closure in the areas of the site that are not identified in clause (a); and

(d) if any of the facilities referred to in clause (c) already exist, respecting the improvements, if any, that can be made to those facilities to increase the amount of landfill gas generated by the site that can be collected, and burned or used, and the date by which the improvements can be made and implemented. O. Reg. 217/08, s. 2.

(2)  The owner and the operator of a landfilling site for which a written report must be submitted under subsection (1) shall ensure that, on or before June 30, 2016, a written report is submitted to the Section 39 Director respecting,

(a) the design, operation, maintenance and monitoring of the facilities for the collection, and for the burning or use, of landfill gas generated by the site during site operation and following site closure; and

(b) if any of the facilities referred to in clause (a) already exist, the improvements, if any, that can be made to those facilities to increase the amount of landfill gas generated by the site that can be collected, and burned or used, and the date by which the improvements can be made and implemented. O. Reg. 217/08, s. 2.

11.3  (1)  Subject to subsection (2), the owner and the operator of a landfilling site to which section 11.1 or 11.2 applies shall ensure that the following facilities and improvements to the facilities are in operation for the collection, and for the burning or use, of landfill gas generated by the site during site operation and following site closure:

1. If section 11.1 applies, the facilities referred to in clause 11.1 (1) (a) and any improvements identified under clause 11.1 (1) (b).

2. If section 11.2 applies, the facilities referred to in clause 11.2 (1) (c) and any improvements identified under clause 11.2 (1) (d). O. Reg. 217/08, s. 2.

(2)  If, after receiving the report submitted under subsection 11.1 (1) or 11.2 (1), the Section 39 Director has required facilities other than the facilities referred to in subsection (1) as a condition of a certificate of approval or provisional certificate of approval, the owner and the operator shall ensure that the facilities required by the Director are in operation for the collection, and for the burning or use, of landfill gas generated by the site during site operation and following site closure. O. Reg. 217/08, s. 2.

(3)  This section applies to a portion of a waste fill zone in a landfilling site to which section 11.1 applies or in an area of a landfilling site to which section 11.2 applies that is not identified in clause 11.2 (1) (a) if, at any time on or after December 31, 2010,

(a) the portion of the zone has reached its maximum capacity; or

(b) no further waste has been deposited in the portion of the zone during the preceding six months. O. Reg. 217/08, s. 2.

11.4  (1)  The owner and the operator of a landfilling site described in subsection (4) shall ensure that for 2009 and every subsequent year, an annual report is submitted to the Director of the Environmental Monitoring and Reporting Branch of the Ministry on or before June 1 of the following year. O. Reg. 217/08, s. 2.

(2)  The report required under subsection (1) shall be in writing and shall include the following with respect to the facilities for the collection, and for the burning or use, of landfill gas generated by the landfilling site during site operation and following site closure:

1. A statement of the total landfill gas volume collected by the facilities at the site during the year.

2. A statement of the percentage of the volume described in paragraph 1 that was methane gas.

3. A statement of the reduction in methane emissions from the landfilling site associated with the burning or use of landfill gas during the year, expressed in units of tonnes of carbon dioxide equivalent and based on a global warming potential of 21 for methane gas.

4. A description of how sound scientific or engineering principles have been used to support the statements required by paragraphs 1, 2 and 3.

5. All calculations and information that support the statements required by paragraphs 1, 2 and 3. O. Reg. 217/08, s. 2.

(3)  The report required for 2009 under subsection (1) shall include the information described in subsection (2) only for the period that begins on June 30, 2009 and ends on December 31, 2009. O. Reg. 217/08, s. 2.

(4)  This section applies to a landfilling site that meets the following criteria:

1. The site accepts only municipal waste for disposal.

2. On or after June 30, 2009, the site landfills waste under a certificate of approval or provisional certificate of approval issued under Part V of the Act.

3. On or after June 30, 2009, the site has a total waste disposal volume of more than 1.5 million cubic metres. O. Reg. 217/08, s. 2.

(5)  This section does not apply to a landfilling site associated with forest products operations, such as the operations of a lumber mill, sawmill, pulp mill or similar facility, if the waste deposited at the site is produced by the forest products operations and is predominantly solid, non-hazardous process waste, such as woodwaste, effluent treatment solids, hog fired boiler ash, recycling process rejects, lime mud, grits or dregs. O. Reg. 217/08, s. 2.

(6)  This section does not apply to a landfilling site if the only waste landfilled at the site is coal ash. O. Reg. 217/08, s. 2.

(7)  This section does not apply to a landfilling site for which a written report has been submitted to the Section 39 Director under subsection 11.1 (5). O. Reg. 217/08, s. 2.

(8)  This section ceases to apply to a landfilling site if the Section 39 Director amends a certificate of approval or provisional certificate of approval issued under Part V of the Act to state that the nature and quantity of landfill gas generated by the site is not of significant concern to the Director. O. Reg. 217/08, s. 2.

11.5  (1)  On request of the Section 39 Director, the owner or the operator who is required to submit a report under section 11.1, 11.2 or 11.4 shall provide further information with respect to the subject matter of the report. O. Reg. 217/08, s. 2.

(2)  The information requested under subsection (1) shall be provided to the Director who made the request by a date set by the Director at the time of the request. O. Reg. 217/08, s. 2.

12.   The following are prescribed as standards for the location, maintenance and operation of a thermal treatment site:

1. The location of the thermal treatment site shall be selected so as to reduce the effects of nuisances such as dust, noise and traffic.

2. Fly-ash that is hazardous waste and that results from the incineration of waste that is neither hazardous waste nor liquid industrial waste shall be kept separate from incinerator ash and disposed of or otherwise dealt with separately from incinerator ash.

3. Fly-ash that is hazardous waste and that results from the incineration of waste that is neither hazardous waste nor liquid industrial waste shall only be disposed of at,

i. the TRICIL Limited landfilling site located on Lot 9, Concession 10, Township of Moore, County of Lambton, or

ii. a landfilling site authorized to accept fly-ash that is hazardous waste and that results from the incineration of waste that is neither hazardous waste nor liquid industrial waste by the terms of,

A. a certificate of approval or provisional certificate of approval issued after the 1st day of January, 1990, or

B. an amendment to a certificate of approval or provisional certificate of approval made after the 1st day of January, 1990.

4. The thermal treatment equipment shall be located,

i. so that it is accessible for the transportation of wastes thereto without nuisance,

ii. taking into account meteorological considerations to minimize environmental effects, and

iii. so that the services and utilities required for the operation of the thermal treatment equipment are available, including facilities for the disposal of residue and of quenching and scrubbing water.

5. The design and capacity of the thermal treatment equipment shall be of a type and size adequate to efficiently process the quantities of waste that may be expected, so that a minimum volume of residue is obtained, the putrescible materials remaining as residue are reduced to a minimum and a minimum of air pollution results.

6. The following equipment shall be provided as necessary for particular applications:

i. Scales for the accurate determination of the input of all wastes by weight.

ii. A storage pit or other storage facilities.

iii. A crane or other means of removing waste from the pit or other storage facilities.

iv. Means of controlling dusts and odours.

v. Such instruments as may be necessary for the efficient operation of the thermal treatment equipment.

7. The thermal treatment site shall include an unloading area properly enclosed and of sufficient size for the intended operation.

8. Access roads shall be provided for vehicles hauling waste to the thermal treatment site.

9. On-site fire protection shall be provided and, where possible, arrangements shall be made with a fire department or municipality for adequate fire fighting services in case of an emergency.

10. Scavenging shall not be permitted. R.R.O. 1990, Reg. 347, s. 12; O. Reg. 102/07, s. 7.

12.1  Revoked: O. Reg. 512/95, s. 2.

13.  The following are prescribed as standards for the location, maintenance and operation of a dump:

1. The fill area shall not be subject to flooding and shall be so located that no direct drainage leads to a watercourse.

2. The site shall be at least one-quarter of a mile from the nearest dwelling.

3. The site shall be at least two hundred yards from the nearest public road.

4. The site shall be at least 100 feet from any watercourse, lake or pond.

5. The site shall not be on land covered by water.

6. Signs shall be posted stating requirements for the operation of the dump, including measures for the control of vermin and insect infestation.

7. The site shall be so located and operated as to reduce to a minimum the hazards resulting from fire.

8. The operator of a dump shall apply such cover material at such intervals as is necessary to prevent harm or material discomfort to any person.

9. Scavenging shall not be permitted. R.R.O. 1990, Reg. 347, s. 13.

14.  (1)  Subject to subsection (2), no dump shall be established or operated in a city, borough, town, separated town, township, village or police village in any county, regional municipality or the County of Haliburton. R.R.O. 1990, Reg. 347, s. 14 (1).

(2)  A dump may be established in the following parts of Ontario:

1. The townships of Albemarle, Eastnor, Lindsay and St. Edmunds, in the County of Bruce.

2. The townships of Barrie, Bedford, Clarendon and Miller, Howe Island, Kennebec, Olden and Palmerston and North and South Canonto, in the County of Frontenac.

3. The townships of Bangor, Wicklow and McClure, Carlow, Dungannon, Elzevir and Grimsthorpe, Herschel, Limerick, Madoc, Marmora and Lake, Mayo, Monteagle, Tudor and Cashel, and Wollaston, in the County of Hastings.

4. The townships of Dalhousie and North Sherbrooke, Darling, Lavant, North Burgess, and South Sherbrooke, in the County of Lanark.

5. The townships of Asphodel, Belmont and Methuen, Chandos, Ennismore, Galway and Cavendish, and Harvey, in the County of Peterborough.

6. The townships of Bagot and Blithfield, Brougham, Brudenell and Lyndoch, Griffith and Matawatchan, Head, Clara, and Maria, North Algona, Radcliffe, Raglan, Sebastopol, and South Algona, in the County of Renfrew.

7. The townships of Carden, Dalton, and Laxton, Digby and Longford, in the County of Victoria.

8. The Improvement District of Bicroft, the townships of Anson, Hindon and Minden, Cardiff, Dysart, Bruton, Clyde, Dudley, Eyre, Guilford, Harburn, Harcourt and Havelock, Glamorgan, Lutterworth, Monmouth, Sherborne, McClintock and Livingstone, and Snowdon and Stanhope, in the County of Haliburton. R.R.O. 1990, Reg. 347, s. 14 (2).

(3)  No dump shall be established or operated in the following parts of the territorial districts of Ontario:

1. The City of Sault Ste. Marie, the towns of Blind River, Bruce Mines, Thessalon and Elliot Lake, and the villages of Hilton Beach and Iron Bridge, in the Territorial District of Algoma.

2. The City of Timmins, the towns of Cochrane, Hearst, Iroquois Falls, Kapuskasing and Smooth Rock Falls, and the townships of Glackmeyer, Tisdale and Whitney, in the Territorial District of Cochrane.

3. The towns of Dryden, Keewatin, Kenora, and Sioux Lookout, and the townships of Jaffray and Melick, in the Territorial District of Kenora.

4. The towns of Gore Bay and Little Current, in the Territorial District of Manitoulin.

5. That part of The District Municipality of Muskoka that, on the 31st day of December, 1970, was the towns of Bala, Bracebridge, Gravenhurst and Huntsville, and the villages of Port Carling, Port Sydney and Windermere.

6. The City of North Bay, the towns of Cache Bay, Mattawa and Sturgeon Falls, and the townships of Bonfield, East Ferris, Field and Springer, in the Territorial District of Nipissing.

7. The towns of Kearney, Parry Sound, Powassan and Trout Creek, the villages of Burk’s Falls, Magnetawan, Rosseau, South River and Sundridge, and the townships of Foley, McDougall, North Himsworth, and South Himsworth, in the Territorial District of Parry Sound.

8. The towns of Fort Frances and Rainy River, and the Township of Atikokan, in the Territorial District of Rainy River.

9. That part of The Regional Municipality of Sudbury and the Territorial District of Sudbury that, on the 31st day of December, 1972, was the City of Sudbury, the towns of Capreol, Coniston, Copper Cliff, Espanola, Levack, Lively, Massey and Webbwood, and the townships of Balfour, Falconbridge, and Neelon and Garson, in the Territorial District of Sudbury.

10. The City of Thunder Bay, the Town of Geraldton and the townships of Beardmore, Manitowadge, Neebing, Nipigon, Oliver, Paipoonge, Schreiber, Shuniah, and Terrace Bay, and the improvement districts of Nakina and Red Rock, in the Territorial District of Thunder Bay.

11. The towns of Charlton, Cobalt, Englehart, Haileybury, Kirkland Lake, Latchford, and New Liskeard, the Village of Thornloe, and the townships of Armstrong, Bucke, Larder Lake and McGarry, in the Territorial District of Timiskaming. R.R.O. 1990, Reg. 347, s. 14 (3).

14.0.1  If hazardous waste is being handled, stored, treated or disposed of at a waste disposal site or transferred to a waste disposal site, no person shall cause or permit the hazardous waste to be mixed, blended, bulked or in any other way intermingled with any other waste or material, unless the mixing, blending, bulking or other intermingling is in accordance with a certificate of approval or provisional certificate of approval issued under Part V of the Act for the waste disposal site. O. Reg. 461/05, s. 5.

14.1  The following are prescribed as standards for the location, maintenance and operation of waste disposal sites for hauled sewage:

1. A person shall not apply hauled sewage in any manner that permits it to enter a watercourse or drainage ditch.

2. A person shall not apply hauled sewage in any manner that results in runoff leaving the site.

3. If the operator of a proposed site is not the owner of the land on which the site is to be located, the operator must, before applying for a certificate of approval for the site, obtain written authorization from the owner for the proposed use of the site. O. Reg. 157/98, s. 5.

14.2  (1)  Subject to subsection (3), no person shall cause or permit waste from a portable toilet to be applied to land or otherwise deposited at a site except,

(a) at a waste disposal site that has been issued a certificate of approval or provisional certificate of approval permitting the temporary storage of hauled sewage and from which the hauled sewage is not subsequently removed and disposed of except in accordance with this section;

(b) at a waste disposal site that has been issued a certificate of approval or provisional certificate of approval permitting the disposal of hauled sewage for drying and requiring the dried residue to be periodically removed and disposed of at a waste disposal site approved to accept the dried residue;

(c) at a landfilling site that has been issued a certificate of approval or provisional certificate of approval for the final disposal of hauled sewage;

(d) at a sewage works that has been approved under section 53 of the Ontario Water Resources Act to receive sanitary sewage or hauled sewage; or

(e) at a site that has been issued a certificate of approval or provisional certificate of approval permitting the processing of waste and that processes waste in a manner that ensures that the waste meets all of the following requirements after it has been processed:

(i) the concentration of Escherichia coli (E. coli) in the waste is not more than 2x10⁶ colony forming units per gram of total solids (dry weight),

(ii) the concentration in the waste of each metal listed in the Table to this section is not more than the maximum concentration set out for that metal in the Table,

(iii) the pH value of the waste is not less than 6.0,

(iv) the waste has been passed through a screen and contains no more than 0.5 per cent dry weight of plastic objects and no more than 2 per cent dry weight of other non-biodegradable objects, including, but not limited to, glass and metal objects. O. Reg. 326/03, s. 1.

(2)  Subsection (1) applies despite anything contained in a certificate of approval or a provisional certificate of approval that was issued before this section comes into force. O. Reg. 326/03, s. 1.

(3)  No person shall cause or permit waste from a portable toilet to be disposed of at an organic soil conditioning site unless,

(a) the organic soil conditioning site has been issued a certificate of approval or provisional certificate of approval permitting the spreading or application of treated waste from a portable toilet;

(b) the waste has been treated so that the concentration of Escherichia coli (E. coli) is not more than 2x10⁶ colony forming units per gram of total solids (dry weight);

(c) the concentration in the waste of each metal listed in the Table to this section is not more than the maximum concentration set out for that metal in the Table;

(d) the pH value of the treated waste is not less than 6.0; and

(e) the waste has been passed through a screen and contains no more than 0.5 per cent dry weight of plastic objects and no more than 2 per cent dry weight of other non-biodegradable objects, including, but not limited to, glass and metal objects. O. Reg. 326/03, s. 1.

TABLE