Management Regulations (N.S. Reg. 57/2016) (just regulations regs envdgm.htm)
N.S. Reg. 57/2016
Nova Scotia — Regulations
This consolidation is unofficial and is for reference only.
For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette
Part II .
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Dangerous Goods Management Regulations
made under
Section 84 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 95-295 (April 11, 1995), N.S. Reg. 56/95
as amended to O.I.C. 2016-79 (March 29, 2016), N.S. Reg. 57/2016
Citation
1 These regulations may be cited as the “ Dangerous Goods Management Regulations ”.
Definitions
2 In these regulations
“Act” means the Environment Act ;
“Administrator” means a person appointed by the Minister pursuant to
Section 4 of
these regulations, and includes an acting Administrator;
“approved” means approved by an Administrator in writing;
“dangerous goods” means any of the following:
(
i) a substance that is dangerous goods in accordance with
Section 2.1 of the
Transportation of Dangerous Goods Regulations (Canada);
(ii) glycol-based antifreeze or de-icing fluids, or solutions containing those
substances, in concentrations greater than 1000 mg/L;
(iii) petroleum products with a flashpoint greater than 61 °C that are liquid in
ambient conditions or during handling;
Definition of “dangerous goods” replaced: O.I.C. 2016-79, N.S. Reg. 57/2016.
“Department” means the Department of Environment;
“inspector” means an inspector appointed pursuant to
Section 21 of the Act;
“incompatible materials” means substances that on contact with each other under
ambient or foreseeable conditions
(
i) generate extreme heat, pressure, fire or explosion,
(ii) produce uncontrolled toxic mists, fumes, dusts or gases in sufficient
quantities to threaten human health or the environment,
(iii) produce uncontrolled flammable fumes, dusts or gases in sufficient
quantities to pose a risk of fire or explosion, or
(iv) cause sufficient corrosion or physical deterioration to damage the
structural integrity of the storage facility;
“Minister” means the Minister of Environment;
“PCB waste” means PCBs or articles containing PCBs that meet all of the following
criteria:
(
i) they are listed in the Transportation of Dangerous Goods Regulations
(Canada),
(ii) they are waste dangerous goods;
Definition of “PCB waste” added: O.I.C. 2016-79, N.S. Reg. 57/2016.
“Polychlorinated biphenyls” or “PCBs” means chlorobiphenyls that have the
molecular formula C 12 H (10-
n) Cl n , in which “n” is greater than 2;
Definition of “Polychlorinated biphenyls” added: O.I.C. 2016-79, N.S. Reg. 57/2016.
Definition of “primary classification” repealed: O.I.C. 2016-79, N.S. Reg. 57/2016.
“storage facility” means any land or premises on, in or under which dangerous goods
or waste dangerous goods are stored;
“ Transportation of Dangerous Goods Regulations (Canada)” means the
Transportation of Dangerous Goods Regulations made under the Transportation of
Dangerous Goods Act, 1992 (Canada);
Definition of “ Transportation of Dangerous Goods Regulations (Canada)” added: O.I.C. 2016-79, N.S. Reg.
57/2016.
“underground storage tank system” means any tank the volume of which, including
the volume of the underground pipes connected to the tank, is located 90% or more
beneath the ground surface or is otherwise covered with material such as earth,
backfill or concrete;
“waste dangerous goods” means dangerous goods that are no longer in use for their
original purpose or materials which have become waste dangerous goods through
handling including dangerous goods intended for treatment, disposal or recycling,
but does not include dangerous goods returned directly to the manufacturer or
supplier of the dangerous goods for reprocessing, repacking or resale and does not
include consumer paint products as defined in the Solid Waste-Resource
Management Regulations .
Definition of “waste dangerous goods” amended: O.I.C. 2002-93, N.S. Reg. 23/2002.
Clause letters removed: O.I.C. 2016-79, N.S. Reg. 57/2016.
[Note: Effective April 1, 2008, the references to the Department and Minister in clauses (
e) and (
h) should be
read as references to the Department and Minister of Environment in accordance with Order in Council
2008-161 under the Public Service Act , R.S.N.S. 1989, c. 376.]
Designation
3 Substances defined in these regulations as dangerous goods or waste dangerous goods are
designated dangerous goods or waste dangerous goods for the purposes of the Act and
these regulations.
Administrator
4 The Minister may appoint an Administrator to administer these regulations.
Exemptions from regulations
5 These regulations do not apply to
(
a) an asbestos waste storage site regulated in the Asbestos Waste Management
Regulations ;
(
b) a storage tank system regulated under the Petroleum Management Regulations
made under the Act;
Clause 5(
b) amended: O.I.C. 2016-79, N.S. Reg. 57/2016.
(
c) used oil and contaminated used oil regulated in the Used Oil Regulations ;
Clause 5(
c) amended: O.I.C. 96-926, N.S. Reg. 178/96.
(
d) a chlorobiphenyl or PCB storage system or device regulated under the PCB
Regulations made under the Canadian Environmental Protection Act, 1999
(Canada);
Clause 5(
d) amended: O.I.C. 2016-79, N.S. Reg. 57/2016.
(
e) a pesticide storage site regulated in the Pesticide Regulations ;
(
f) refuse that is collected by or on behalf of a town, city or municipality from a
residential premises except waste dangerous goods from a household or
residence;
(
g) sewage, including sewage sludge;
(
h) propane regulated by the Fire Marshal; and
(
i) a retail outlet in which dangerous goods are stored and packaged as consumer
products in small quantities normally used by the consuming public.
Prohibitions on disposing of, diluting or adulterating waste dangerous goods
(1) A person must not dispose of PCB waste by burying it in a landfill or in the ground.
(2) A person must not dilute or adulterate waste dangerous goods without the prior
written authorization of an Administrator.
Section 6 replaced: O.I.C. 2016-79, N.S. Reg. 57/2016.
Specific storage requirements
(1) Dangerous goods or waste dangerous goods shall not be stored in any container
where the materials used to construct the container and the dangerous goods or waste
dangerous goods are incompatible materials.
(2) A portable container used to store dangerous goods or waste dangerous goods shall
meet the packaging requirements prescribed in the Transportation of Dangerous
Goods Regulations (Canada).
(3) A steel underground storage tank system for dangerous goods or waste dangerous
goods shall,
(
a) if installed on or after April 11, 1995, have secondary containment with
interstitial leak detection and cathodic protection and shall bear the approval of
the Underwriters Laboratories of Canada (ULC); or
(
b) if installed before April 11, 1995, and not in compliance with the requirements
of clause (a), be removed no later than 15 years from the date of installation.
(4) An existing steel underground storage tank system which is not in compliance with
subsection (3) shall be removed no later than April 1, 1996, unless
(
a) the owner, operator or person responsible for the underground storage tank
system applies in writing to an Administrator requesting a time extension and
listing
(
i) the location of the underground storage tank system,
(ii) the volume of the underground storage tank system,
(iii) the date of installation of the underground storage tank system,
(iv) the type of dangerous goods or waste dangerous goods stored in the
underground storage tank system, and
(
v) reasons why the underground storage tank system cannot be removed
before April 1, 1996;
(
b) the owner, operator or person responsible for the underground storage tank
system has a leak detection test which meets the requirements of the Petroleum
Storage Regulations performed on the storage tank system and forwards a copy
of the test results to an Administrator; and
(
c) an Administrator issues a written approval for the variance in removal date,
noting a final date for removal of the underground storage tank system.
(5) Dangerous goods or waste dangerous goods or the containers in which these goods
are stored shall be legibly and indelibly labelled
(
a) in accordance with the Transportation of Dangerous Goods Regulations
(Canada);
(
b) in accordance with the Workplace Hazardous Materials Information System
(WHMIS) Regulations ;
(
c) in accordance with policies, standards and guidelines established or adopted by
the Minister; or
(
d) if clauses (a), (
b) or (
c) do not apply, in accordance with standards established
or adopted by industry.
(6) Dangerous goods or waste dangerous goods shall not be exposed during storage to
incompatible materials.
(7) If incompatible materials are stored in a location where an opportunity for accidental
or uncontrolled contact may occur, the incompatible materials shall be segregated
and separated by a barrier designed, constructed and maintained to prevent contact
between the incompatible materials.
General storage facility requirements
(1) A storage facility shall be designed, constructed and maintained so that elements of
the weather, including precipitation, heat, frost, wind and humidity, have no impact
on the capability of the storage facility to safely store dangerous goods or waste
dangerous goods.
(2) Every person responsible for a storage facility shall ensure that the storage facility is
(
a) secured from public entry;
(
b) prominently identified as a dangerous goods or waste dangerous goods storage
facility using placards prescribed in the Transportation of Dangerous Goods
Regulations (Canada) to properly describe the dangerous goods or waste
dangerous goods contained in the facility, placed on or near each building,
room or area where the dangerous goods or waste dangerous goods are stored;
(
c) equipped with suitable equipment required to handle an emergency related to
the dangerous goods or waste dangerous goods stored in the storage facility;
(
d) staffed with employees trained to respond to emergencies related to the
dangerous goods or waste dangerous goods stored in the storage facility; and
(
e) secured to prevent spilled or leaked dangerous goods or waste dangerous goods
from entering the environment or causing an adverse effect.
Limitation on storage time
9 An Administrator may limit the time that waste dangerous goods may be stored at a
storage facility.
Section 9 replaced: O.I.C. 2016-79, N.S. Reg. 57/2016.
Contingency plans
(1) Every person responsible for a storage facility which has
(
a) a combined capacity of 2000 kg of dangerous goods or waste dangerous
goods;
(
b) a combined capacity of 2000 L of dangerous goods or waste dangerous goods;
Clause 10(1)(
b) amended: O.I.C. 2016-79, N.S. Reg. 57/2016.
[Original text incorrectly indicates amendment applies to clause 10(1)(a). For the purposes of this
consolidation, amendment is applied to clause 10(1)(b).]
(
c) waste dangerous goods in quantities greater than those listed in Column II of
Schedule “A”
shall have contingency plans respecting
(
i) fires or other emergencies, and
(ii) discharges, emissions, escapes, leaks, or spills of dangerous goods or
waste dangerous goods.
Clause 10(1)(
c) amended: O.I.C. 2016-79, N.S. Reg. 57/2016.
(2) An Administrator may require contingency plans to be approved before allowing
dangerous goods or waste dangerous goods to be stored at a storage facility.
Inventory
(1) A person responsible for a storage facility shall, if requested by fire and emergency
personnel, provide a full and complete inventory of all dangerous goods or waste
dangerous goods stored in the storage facility.
(2) The inventory referred to in subsection (1) shall include
(
a) generic names, trade names or other means of identification of dangerous
goods or waste dangerous goods stored in the storage facility;
(
b) the appropriate classification of dangerous goods or waste dangerous goods
under the Transportation of Dangerous Goods Regulations (Canada);
(
c) a statement of the quantities of dangerous goods or waste dangerous goods;
(
d) a listing of the known major environmental hazards associated with the
dangerous goods or waste dangerous goods stored in the storage facility; and
(
e) the name of the manufacturer or distributor of the dangerous goods or the
producer of the waste dangerous goods.
Disposal offence
12 No person shall cause, suffer or permit the dumping, depositing, dropping, throwing,
discharging or leaving of dangerous goods or waste dangerous goods in a manner which
may cause an adverse effect without the prior written approval of the Minister or an
Administrator.
Effective date
13 These regulations come into effect on, from and after April 11, 1995.
Schedule A: Quantities of Dangerous Goods and Waste Dangerous Goods
Column I
Dangerous Goods and Waste Dangerous Goods
Column II
Quantity
Classification
(Transportation of
Dangerous Goods
Regulations (Canada))
Division
(Transportation of
Dangerous Goods
Regulations (Canada))
Name as Listed in
Schedule 1
(Transportation of
Dangerous Goods
Regulations
(Canada))
Class 1, Explosives
All
50 kg or 50 L
Class 2, Gases
Class 2.1 Flammable Gases
5000 L
Class 2.2 Non-flammable
and Non-toxic Gases
10 000 L
Class 2.3 Toxic Gases
500 L
Class 3, Flammable Liquids
not applicable
5000 L
Class 4, Flammable Solids;
Substances Liable to
Spontaneous Combustion;
Substances That on Contact
with Water Emit Flammable
Gases (Water-reactive
Substances)
Class 4.1 Flammable Solids
10 000 kg
Class 4.2 Substances Liable
to Spontaneous Combustion
1000 kg
Class 4.3 Water-reactive
Substances
1000 kg
Class 5, Oxidizing Substances
and Organic Peroxides
Class 5.1 Oxidizing
Substances
1000 kg or 1000 L
Class 5.2 Organic Peroxides
50 kg or 50 L
Class 6, Toxic and Infectious
Substances
Class 6.1 Toxic Substances
1000 kg or 1000 L
Class 6.2 Infectious
Substances
1000 kg or 1000 L
Class 7, Radioactive materials
not applicable
Any amount
Class 8, Corrosives
not applicable
1000 kg or 1000 L
Class 9, Miscellaneous
Products, Substances or
Organisms
not applicable
Environmentally
Hazardous Substance,
Solid (N.O.S.*);
50 kg
Environmentally
Hazardous Substance,
Liquid (N.O.S.*)
50 L
Polychlorinated
Biphenyls
0.5 kg
All other Class 9
5000 kg
As defined in subclauses (ii) and (iii) of the definition of “dangerous goods”
Glycol-based antifreeze or de-icing fluids, or solutions containing those substances, as
described in subclause (ii) of the definition of “dangerous goods”
10 000 kg or
10 000 L
Petroleum products as described in subclause (iii) of the definition of “dangerous
goods”
10 000 kg or
10 000 L
______________________________________
Notes:
• The quantities in this
Schedule are also used for the purposes of the Activities Designation Regulations made
under the Act.
* N.O.S. means not otherwise specified.