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Volume 51, No. 24

B.C. Reg. 375/2008

The British Columbia Gazette,

Part II

December 16, 2008

B.C. Reg. 375/2008 , deposited December 9, 2008, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [Sections 21 and 138]. Order in Council 901/2008, approved and ordered December 8, 2008.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective April 1, 2009, the Hazardous Waste Regulation, B.C. Reg. 63/88, is amended as set out in the attached Schedule.

— B. PENNER, Minister of Environment ; S. BOND, Presiding Member of the Executive Council.

Schedule

1 The Hazardous Waste Regulation, B.C. Reg. 63/88, is amended

(

a) in sections 1, in the definition of "on site facility" , 3 (a) (ii), 4 (1), (2) and (3), 5 (1) before "again inquire" and (2) in both places, 6 (1) in both places, 6 (2), 8 (a), 9 (1), (2) and (3), 10, 11, 12 (1) and (2) in both places, 13 (1), (2) and (3) in both places, 14 (1), (3) and (4), 15 (1) and (2), 16 (1) and (2) wherever it appears, 17 (1), 17.1 (1), (2) and (3) wherever it appears, 18 (1), (2) and (4), 19 (1) and (2), 20 (1), (2) in both places, (4), (5), (6), (7), (8), (9), (10) and (11), 21 (1), (2) and (3), 23 (1) and (2), 24, 25 (9), 26 (1), (2), (3), (4), (5) and (6), 27 (1), (2), (3), (5), (6), (7), (8), (9) and (10), 29 (1), (3) and (4), 30 (1), (2), (4), (5), (6) and (7), 31 (1), (2), (3), (4), (6), (7), (8) and (9), 32 (1), (2), (4), (5), (6) and (7), 34 (1), (2), (3) and (4), 35 (1), (2), (4), (5), (6) and (7), 41 (5.1), 41.1 (2) (c), (2.1) and (5.1), 42 (5), (6) and (7), 42.1 (3), 45 (3), (6) and (7), 47 (3) and (4), 47.1 (1), (2) and (3), 47.2 (1), (2) and (3), 49 (1) and (3), 50 (2) and (3), and 51 (3), (4), (9) in both places and (11) by striking out "shall" and substituting "must",

(

b) in sections 3, 5 (3), 7, 8, 24.1 (1), 25 (1), (2), (3), (4), (5), (6), (7), (8) and (10), 28 (1), (2), (3), (4), (5), (6) and (7), 33 (1), (2), (3), (4) and (5), 36, 37, 38, 39, 40 (2), 41 (2) and (5), 41.1 (2), 45 (1), 50 (4), (5), (6), (7) and (8) by striking out "No person shall" and substituting "A person must not", and

(

c) in

section 5 (1) by striking out "No owner of a facility shall" and substituting "An owner of a facility must not".

Section 1 is amended

(

a) by adding the following

definitions:

"authorized consignee" means a consignee who has

(

a) a registered site number and an operational plan approved by a director, or

(

b) a written authorization from a director to accept hazardous waste;

"disposal in a secure building" means the storage of hazardous waste that is intended to be permanent in an above ground secure building;

"Provincial identification number" means

(

a) a generator registration number,

(

b) a licence to transport number, or

(

c) a registered site number;

"secure building" means an above ground indoor facility that meets the requirements set out in Division 8 of

Part 4 of this regulation;

"secure disposal" means disposal in a secure building or secure landfill;

"storage" means the storage of hazardous waste with the intention to move the hazardous waste for subsequent management;

(

b) in the definition of "facility"

(

i) by striking out "short term storage facilities" and substituting "storage facilities", and

(ii) by striking out "long term storage facilities" and substituting "secure buildings",

(

c) in the definition of "hazardous waste" by striking out paragraph (

s) and substituting:

(

s) waste that

(

i) has a pH greater than or equal to 2.0 and less than or equal to 12.5, and

(ii) would be a hazardous waste only because it is classified under the federal dangerous goods regulations as class 8 because of pH;

(

d) in the definition of "household hazardous waste collection facility" by striking out "short term storage" and substituting "storage",

(

e) by striking out the definition of "long term storage",

(

f) in the definition of "mobile household hazardous waste collection facility" by striking out "temporary storage" and substituting "storage",

(

g) in the definition of "owner" by striking out "as his agent" and substituting "as the owner's agent",

(

h) by striking out the definition of "short term storage" ,

(

i) in paragraph (

a) in the definition of "surface impoundment" or "impoundment" by striking out "short term storage" and substituting "storage",

(

j) in the definition of "tank" by striking out "short term storage" and substituting "storage",

(

k) by striking out the definition of "temporary storage" , and

(

l) in the definition of "treatment" by striking out "in order to eliminate or reduce the volume, or one or more hazardous properties of the hazardous waste".

Section 2 is amended by striking out subsections (13) and (14).

Section 5 is amended

(

a) in subsection (4) by striking out everything after paragraph (

b) and substituting the following:

the quantity described in Part A of the manifest, the owner of the facility must

(

c) describe the occurrence of the discrepancy on the manifest,

(

d) submit a copy of the manifest, including the description required under paragraph (c), to the director within 3 days of receiving the hazardous waste, and

(

e) include the description of the discrepancy in the annual

summary required under subsection (5). , and

(

b) by adding the following subsection (5):

(5) If there has been an occurrence of a discrepancy as described in subsection (4), the owner of a hazardous waste facility must

(

a) prepare an annual

summary of all occurrences of discrepancies for the previous year,

(

b) include in the annual

summary an explanation of actions taken to reduce further occurrences of discrepancies, and

(

c) submit the annual

summary to the director within 60 days of the end of the calendar year in which the discrepancies occurred.

Section 6 (1) is amended by adding "or her" after "an operating record at his".

6 The heading for Division 2 of

Part 4 is amended by striking out "Short Term".

Section 16 is amended

(

a) in subsection (1) by striking out "short term storage facility" and substituting "storage facility", and

(

b) in subsection (2) by striking out "short term," after "storage that is".

Section 17 is amended in subsections (1) and (2) by striking out "short term storage facility" and substituting "storage facility" wherever it appears.

Section 17.1 is amended

(

a) in subsection (1) by striking out "short term storage facilities" and substituting "storage facilities", and

(

b) in subsection (3) by striking out "short term storage facility" and substituting "storage facility".

Section 32 is amended by striking out "only treat" and substituting "treat only".

11 The heading for Division 8 of

Part 4 is repealed and the following substituted:

Division 8 – Disposal in a Secure Building .

12 Sections 33, 34 and 35 are amended by striking out "long term storage facility" wherever it appears and substituting "secure building".

Section 41 is amended

(

a) by adding the following subsection (0.1):

(0.1) In this section, "product fuel" means a hydrocarbon for which a Canadian General Standards Board fuel specification exists. ,

(

b) in subsection (5.1) by adding ", through analysis using analytical methods specified in

section 49," after "demonstrating", and

(

c) by repealing subsection (6) and substituting the following subsections (6), (7) and (8):

(6) Subject to subsection (7), a person must not mix or blend waste oil with any substance other than product fuel for use as fuel or to sell as fuel.

(7) A person may mix or blend waste oil with a substance other than product fuel for use as fuel or to sell as fuel if the person has obtained prior written approval from a director.

(8) A person must not use or sell a mixture or blend of waste oil with product fuel unless

(

a) the waste oil, prior to the blending or mixing, meets the specifications set out in the table in subsection (5), and

(

b) the person keeps a written record, for inspection by an officer, demonstrating, through analysis using analytical methods specified in

section 49, that the waste oil meets the required specifications.

Section 41.1 (1) is amended

(

a) in paragraphs (

a) and (

b) by striking out "short term storage" and substituting "storage", and

(

b) in paragraph (

b) by striking out "storage facility" and substituting "facility".

Section 42.2 (3) is repealed and the following substituted:

(3) Despite

section 48 of this regulation, for the purposes of

section 9 (1) of the Act, the maximum amount of all categories of household hazardous waste authorized for storage at any one time under the authority of subsection (1) is 25 000 kg by weight or 25 000 litres by volume.

Section 42.3 (1) is amended

(

a) by striking out paragraph (

b) and substituting the following:

(

b) despite

section 43 (1), (2) and (3), make a registration report and apply for a registered site number by completing and submitting to a director the information in Form 1 of

Schedule 5 or, in the alternative, the information required by a form provided by a director for this purpose; , and

(

b) in paragraph (

c) by

(

i) striking out

section "43 (3)" and substituting "43 (4)", and

(ii) striking out "Form 1B of

Schedule 5" and substituting "Form 1 of

Schedule 5".

Section 43 is repealed and the following substituted:

Registration of hazardous waste

(1) A person who, within a 30 day period, produces and stores at an on site facility a quantity of a category of hazardous waste greater than the quantity set out in Column II of

Schedule 6 opposite that category must register the hazardous waste and apply for a generator registration number by completing Form 1 of

Schedule 5 and submitting it to the director.

(2) A person who,

(

a) at any time, stores at a site a quantity of a category of hazardous waste greater than the quantity set out in Column II of

Schedule 6 opposite that category that was generated at a different site, or

(

b) in any one day period, treats, recycles or disposes of a quantity of a category of hazardous waste greater than the quantity set out in Column II of

Schedule 6 opposite that category

must register the hazardous waste and apply for a registered site number by completing Form 1 of

Schedule 5 and submitting it to the director.

(3) A person must comply with subsection (1) or (2) within 30 days of the date the applicable subsection first applies to the person.

(4) A person must notify a director of any material change in the information the person provided to a director in Form 1 by submitting a completed Form 1 of

Schedule 5 describing the material change to a director within 30 days after the material change.

(5) Subsections (1) and (2) do not apply in relation to hazardous waste that is recycled at an on site facility if the hazardous waste is stored at the on site facility in compliance with this regulation.

(6) Notice for the purposes of

section 9 (2) of the Act must be given by completing and submitting Form 1 of

Schedule 5 to the director.

Section 44 is repealed and the following substituted:

Provincial identification number

(1) A person must not cause or allow a quantity of a category of hazardous waste greater than the quantity set out in Column II of

Schedule 6 opposite that category to be transported unless

(

a) the person receiving the hazardous waste is an authorized consignee,

(

b) the person transporting the waste, if so required under

section 45, has a licence to transport hazardous waste, and

(

c) the person causing or allowing the hazardous waste to be transported,

(

i) if required to obtain a generator registration number from a director under

section 43, writes that number on every manifest the person is required to complete under

section 10 (1) of the Act in the space marked "Provincial ID No." in Part A of the manifest, or

(ii) if not required to obtain a generator registration number from a director under

section 43, writes "not applicable" in the space marked "Provincial ID No." in Part A of the manifest.

(2) A person must not transport a quantity of a category of hazardous waste greater than the quantity set out in

section 46 (1) unless

(

a) the person receiving the hazardous waste is an authorized consignee, and

(

b) the person transporting the hazardous waste,

(

i) if required to obtain a licence to transport from a director under

section 45, writes the licence to transport number in the space marked "Provincial ID No." in Part B of the manifest, or

(ii) if not required to obtain a licence to transport from a director under

section 45, writes "not applicable" in the space marked "Provincial ID No." in Part B of the manifest.

(3) A person must not receive a quantity of a category of hazardous waste greater than the quantity set out in Column II of

Schedule 6 opposite that category unless

(

a) the person is an authorized consignee, and

(

b) the person,

(

i) if required to obtain a registered site number from a director under

section 43, writes the registered site number in the space marked "Provincial ID No." in

Part C of the manifest, or

(ii) if not required to obtain a registered site number from a director under

section 43, writes the number from the written authorization of a director to receive the hazardous waste in the space marked "Provincial ID No." in

Part C of the manifest.

Section 45 is amended

(

a) in subsection (5) by adding "or her" after "violates the terms of his" and after "may suspend or cancel his",

(

b) in subsection (6) by striking out "to him" and substituting "to the director", and

(

c) by adding the following subsection (9):

(9) A holder of a licence to transport must not transport hazardous waste to a person unless that person is an authorized consignee.

20 The following

section 45.1 is added:

Classification of hazardous waste

45.1

(1) In this section, "shipping name" , "UN number" , "class" , "packing group" and "infectious substance category" have the same meaning as in the federal dangerous goods regulations.

(2) A person must not cause or allow hazardous waste to be transported unless the person classifies the waste in the following manner:

(

a) the person determines if the waste is hazardous waste within the meaning of

section 1;

(

b) if the waste is hazardous waste within the meaning of

section 1 and is not subject to the federal dangerous goods regulations, the person

(

i) identifies on the manifest the name of the hazardous waste listed in paragraphs (

b) to (

i) of the definition of "hazardous waste" in

section 1, and

(ii) clearly labels the container in accordance with

section 50 (3) (

c) of this regulation;

(

c) if the waste is hazardous waste within the meaning of

section 1 and is subject to the federal dangerous goods regulations the person

(

i) includes the following information on the manifest:

(

A) the shipping name;

(

B) the UN number;

(

C) the class;

(

D) either the packing group or the infectious substance category, as applicable, and

(ii) clearly labels the container in accordance with

section 50 (3) (

c) of this regulation.

(3) A carrier must not accept a shipment of hazardous waste for transportation unless the following requirements are met:

(

a) if the waste is hazardous waste within the meaning of

section 1 and is not subject to the federal dangerous goods regulations,

(

i) the name of the hazardous waste listed in paragraphs (

b) to (

i) of the definition of "hazardous waste" in

section 1 is identified on the manifest, and

(ii) the container in which the hazardous waste is transported is clearly labelled in accordance with

section 50 (3) (

c) of this regulation;

(

b) if the waste is hazardous waste within the meaning of

section 1 and is subject to the federal dangerous goods regulations,

(

i) the following information is on the manifest:

(

A) the shipping name;

(

B) the UN number;

(

C) the class;

(

D) either the packing group or the infectious substance category, as applicable, and

(ii) the container in which the hazardous waste is transported is clearly labelled in accordance with

section 50 (3) (

c) of this regulation;

(4) A consignee must not accept hazardous waste unless the following requirements are met:

(

a) if the waste is hazardous waste within the meaning of

section 1 and is not subject to the federal dangerous goods regulations,

(

i) the name of the hazardous waste listed in paragraphs (

b) to (

i) of the definition of "hazardous waste" in

section 1 is identified on the manifest, and

(ii) the container in which the hazardous waste is transported is clearly labelled in accordance with

section 50 (3) (

c) of this regulation;

(

b) if the waste is hazardous waste within the meaning of

section 1 and is subject to the federal dangerous goods regulations,

(

i) the following information is on the manifest:

(

A) the shipping name;

(

B) the UN number;

(

C) the class;

(

D) either the packing group or the infectious substance category, as applicable, and

(ii) the container in which the hazardous waste is transported is clearly labelled in accordance with

section 50 (3) (

c) of this regulation; .

Section 46 is amended by adding the following subsection (8.1):

(8.1) If, after having made reasonable efforts to obtain the applicable copy of the manifest referred to in subsection 8 (b), the consignor is unable to obtain the applicable copy from the consignee, the consignor must notify a director within 10 days after having provided the manifest to a carrier that the consignor has been unable to obtain the applicable copy.

Section 51 is amended

(

a) in subsection (2) by striking out "his agent" and substituting "the agent of the applicant",

(

b) in subsection (8) (

a) by striking out "as he requires" and substituting "as the director requires",

(

c) in subsection 8 (

c) by striking out "as he deems appropriate" and substituting "as the director deems appropriate",

(

d) in subsection (9) by striking out "his decision" and substituting "the director's decision", and

(

e) by repealing subsection (10) and substituting the following subsections (10) and (10.1):

(10) A director may cancel or amend a decision made under this

section whenever

(

a) new information shows that the previous decision was incorrect or incomplete,

(

b) the previous decision was made in error, or

(

c) the applicant provided incorrect material information in the application.

(10.1) A director may cancel a previous decision at the request of the applicant.

Schedule 3 is amended by striking out the heading and substituting the following:

Waste Prohibited from Secure Disposal .

Schedule 5 is amended in Form 1

(

a) by striking out "THIS FORM IS A REGISTRATION REPORT MADE UNDER

SECTION 43 (1) OR

(3) OF THE HAZARDOUS WASTE REGULATION" and substituting "THIS FORM IS A REGISTRATION REPORT MADE UNDER

SECTION 43 (1), (2) OR

(4) OF THE HAZARDOUS WASTE REGULATION",

(

b) by striking out "Registration No. / Provincial ID No." and substituting "Generator Registration (BCG) No. / Provincial ID No.",

(

c) in paragraph (1) of the Instructions

(

i) by adding "or (2)" after "section 43 (1)", and

(ii) by striking out "section 43 (3)" and substituting "section 43 (4)", and

(

d) in the "FOR MINISTRY USE ONLY"

section by striking out "Registration No. / Provincial ID No." and substituting "Generator Registration (BCG) No. / Provincial ID No.".

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