B.C. Reg. 214/2004, deposited May 14, 2004, pursuant to the WASTE MANAGEMENT ACT [Section 57]. Order in Council 467/2004, approved and ordered May 13, 2004.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the Special Waste Regulation, B.C. Reg. 63/88, is amended as set out in the attached Schedule.

— B. BARISOFF, Minister of Water, Land and Air Protection; G. COLLINS, Presiding Member of the Executive Council.

Schedule

1 Section 1 of the Special Waste Regulation, B.C. Reg. 63/88, is amended

(a) by repealing the definition of "carrier" and substituting the following:

"carrier" means a person who, whether or not for hire or reward, has possession of special waste immediately before, during and immediately after the transport of the special waste;

(b) by repealing the definition of "consignee" and substituting the following:

"consignee" means a person to whom special waste is transported or is intended to be transported;

(c) by repealing the definition of "consignor" and substituting the following:

"consignor" means a person who has possession of special waste immediately before it is transported and who prepares the special waste for transportation to a consignee;

(d) by repealing the definition of "container" and substituting the following:

"container" means a portable receptacle in which waste is stored, transported, treated, disposed of, or otherwise handled;

(e) by repealing the definition of "dangerous goods" and substituting the following:

"dangerous goods" means dangerous goods as defined in section 2 of the federal Act and as regulated in the federal dangerous goods regulations, except for the exemption for dangerous goods within manufacturing or processing facilities under section 1.25 of the federal dangerous good regulations;

(f) by repealing the definition of "Federal Regulations";

(g) by adding the following definitions:

"federal Act" means the Transportation of Dangerous Goods Act, 1992 (Canada), as amended from time to time;

"federal dangerous goods regulations" means the Transportation of Dangerous Goods Regulations, SOR/2001-286, as amended from time to time;

"federal interprovincial movement regulations" means the Interprovincial Movement of Hazardous Waste Regulations, SOR/2002-301, as amended from time to time;

(h) by repealing the definition of "ignitable" and substituting the following:

"ignitable" means having the properties of

(a) gases in Class 2.1,

(b) flammable liquids in Class 3, or

(c) flammable solids, substances liable to spontaneous combustion or substances that on contact with water emit flammable gases in Class 4

of the federal dangerous goods regulations;

(i) by repealing the definition of "labpack" and substituting the following:

"labpack" means a drum or a barrel with a maximum capacity of 454 litres that

(a) is used to transport several containers of special waste for storage, recycle or disposal, and

(b) includes one or more inner linings that contain absorbent or cushioned packaging for safety of storage or transport of the containers of special waste;

(j) by repealing the definition of "leachable toxic waste" and substituting the following:

"leachable toxic waste" means waste when subject to the extraction procedure described in the US EPA Method 1311 produces an extract with a contaminant concentration greater than those prescribed in Table 1 of Schedule 4; ,

(k) in the definition of "reactive" by striking out "the Federal Regulations" in both places and substituting "the federal dangerous goods regulations",

(l) in the definition of "special waste" by repealing paragraphs (a), (n) and (o),

(m) in the definition of "special waste" by adding the following paragraph:

(i.1) waste designated in section 1.1.

2 Section 2 (14) is repealed.

3 The following section is added:

Designation of special wastes

1.1 (1) The wastes listed in Schedule 7 are designated as special wastes.

(2) The following are designated as special wastes:

(a) dangerous goods that are no longer used for their original purpose if they are

(i) recycled, treated or disposed of, intended for recycle, treatment or disposal or in storage or transit before recycle, treatment or disposal, and

(ii) in Classes 2 to 6, 8 or 9 of the federal dangerous goods regulations;

(b) waste that is corrosive because it has a pH factor of less than 2.0 or greater than 12.5 measured directly when the waste is liquid or measured in a 50 per cent distilled water mixture or solution by mass when the waste is solid.

4 Section 6 (1) (a) is amended by striking out "as described in the Federal Regulations" and substituting "as described in the federal dangerous goods regulations".

5 Section 42 (3) is repealed and the following substituted:

(3) A waste containing a product is designated as a special waste if

(a) the waste fits the criteria for classes 3 to 6.1, 8 or 9 of the federal dangerous goods regulations, and

(b) the aquatic toxicity (the 96 hour LC₅₀) of the waste is less than 500 mg/L as measured by methods that are approved in accordance with section 49.

6 Section 42.4 (1) (a) is amended by striking out "Federal Regulations" and substituting "federal dangerous goods regulations".

7 Sections 46 (2) and (3) are repealed and the following substituted:

(2) Section 9 (1) (a) and (b), (2), and (3) (a) and (b) of the Act does not apply if special wastes are transported

(a) solely within the boundaries of property owned, leased or controlled by the person who generates or stores the special waste if the travelled distance between the shipping site and the receiving site is less than 100 km,

(b) on a public road for a distance of less than 3 km, or

(c) by a home owner from his or her home or a farmer from his or her farm directly to a facility operated by the government or a municipality, or directly to an agent of the government or a municipality.

(3) The prescribed form of the manifest and the prescribed manner of completing, distributing and keeping it are those referred to and set out in the federal interprovincial movement regulations.

8 Section 50 (6) (d) and (f) is amended by striking out "Federal Regulations" and substituting "federal dangerous goods regulations".

9 Schedule 4 is amended

(a) by repealing Part 1,

(b) by repealing Part 2 and Table 1 of Schedule 4 and substituting the following:

Part 2
Modified Leachate Extraction Procedure

(1) Sampling

1.1 For wastes with 0.5% solids weight by volume or greater, collect a sufficient amount of sample to provide approximately 100 g of solid material using techniques which ensure that the sample is representative of the waste.

1.2 If the waste has less than 0.5% solids weight by volume, collect at least 1 L of sample.

(2) Equipment

2.1 Sieve, 9.5 mm mesh opening, stainless steel or plastic material.

2.2 Stainless steel filtration unit, 142 mm diameter, minimum 1 L capacity, capable of sustaining a pressure of 5 kg/cm² , applied to the material to be filtered.

2.3 Membrane filter, 142 mm diameter, 0.45 µm diameter pore size, made of synthetic organic material such as cellulose acetate, cellulose nitrate, nylon or polycarbonate and which is compatible with the leachate to be filtered. Teflon is recommended for organic constituents.

2.4 Glass fibre prefilter, 124 mm diameter 3 µm to 12 µm pore size range.

2.5 Vacuum filtration unit, 90 mm diameter.

2.6 Membrane filter 90 mm diameter as per Step 2.3.

2.7 Glass fibre filter 70 mm diameter as per Step 2.4.

2.8 Solid waste rotary extractor — a device that rotates the bottles end over end about a central axis through 360°, with a speed of 10 rpm. The dimensions of the box will depend on the needs of each laboratory

(Figure 1).

2.9 Structural Integrity Tester with a 3.18 cm diameter hammer weighing 0.33 kg and having a free fall of 15.24 cm

(Figure 2).

2.10 pH meter, with a readability of 0.01 pH unit and accuracy of ± 0.1 pH units.

2.11 Cylindrical bottles, wide mouth, 1 250 ml capacity, polyethylene or glass with Teflon-lined cap for inorganic constituents; glass with Teflon-lined cap or Teflon bottles for organic constituents.

2.12 Cleaning Procedure

All glassware and equipment that comes into contact with the sample should be cleaned in the following way before each use:

2.12.1 Wash with a non-phosphate detergent solution.

2.12.2 Rinse twice with tap water.

2.12.3 Rinse twice with reagent water.

2.12.4 Wash with 10% nitric acids.

2.12.5 Rinse several times with reagent water.

2.12.6 Store bottles filled with 10% nitric acids, until ready to use.

2.12.7 Rinse several times with reagent water before use.

2.12.8 Rinse clean oven dried bottles with methylene chloride, followed by methanol, for organic constituents.

(3) Reagents

3.1 Reagent water, Type IV (ASTM specification D1193).

3.2 Nitrogen gas, pre-purified, scrubbed through a molecular sieve.

(4) Separation Procedure

If the sample is not a dry solid separate it into its component phases using the following procedure:

4.1 Determine the dry weight of the solids in the sample at 60°C, using a well homogenized sample. Use this weight to determine the amount of material to be filtered.

4.2 Assemble the filtration unit with a filter bed consisting of a 0.45 µm pore size membrane filter and a coarse glass fibre pre-filter upstream of the membrane filter (per manufacturer's instructions).

4.3 Select one or more blank filters from each batch of filters. Filter 50 ml portions of reagent water through each test filter and analyze the filtrate for the analytical parameters of interest. Note the volume required to reduce the blank values to acceptable levels.

4.4 Wash each filter used in the leach procedure with at least this predetermined volume of water. Filter under pressure until no water flows through the filtrate outlet.

4.5 Remove the moist filter bed from the filtration unit and determine its weight to the nearest ± 0.01 g.

4.6 Re-assemble the filtration unit, replacing the filter beds, as before.

4.7 Comminute the sample, with a mortar and pestle, to a size that will pass through the opening of the filtration unit (less than 9.5 mm).

4.8 Agitate the sample by hand and pour a representative aliquot part of the solid and liquid phases into the opening of the filtration unit. Filter a sufficient amount of the sample to provide at least 60 g of dry solid material.

4.9 Pressurize the reservoir very slowly with nitrogen gas by means of the regulating valve on the nitrogen gas cylinder, until liquid begins to flow freely from the filtrate outlet.

4.10 Increase the pressure in increments of 0.5 kg/cm² to a maximum of 5 kg/cm², as the flow diminishes. Continue filtration until the liquid flow ceases or the pressurizing gas begins to exit from the filtrate outlet of the filter unit.

4.11 De-pressurize the filtration unit slowly using the release valve on the filtration unit. Remove and weigh the solid material together with the filter bed to ± 0.01 g. Record the weight of the solid material.

4.12 Measure and record the volume and pH of the liquid phase. Store the liquid at 4°C under nitrogen until required in Step 5.8.

4.13 Discard the solid portion, if the weight is less than 0.5% (w/v) of the aliquot part taken and proceed to step 5.9. If not, proceed to Step 5.1.

Note: For mixtures containing coarse grained solids, where separation can be performed without imposing a 5 kg/cm² differential pressure, a vacuum filtration unit with a filter bed as per Step 4.2 may be used. Vacuum filtration must not be used if volatile organic compounds are to be analysed.

(5) Extraction Procedure

5.1 Prepare a solid sample for extraction by crushing, cutting or grinding, to pass through a 9.5 mm mesh sieve. If the original sample contains both liquid and solid phases, use the solid material from Step 4.13. The structural integrity procedure, Step 6, should be used for monolithic wastes which are expected to maintain their structural integrity in a landfill, (e.g. some slags and treated solidified wastes).

Note: Do not allow the solid waste material to dry prior to the extraction step.

5.2 Determine the moisture content of the de-watered sample, by drying a suitable aliquot part to constant weight at 60°C in an oven. Discard the dried solid material.

5.3 Place the equivalent of 50 g dry weight of the de-watered undried material into a 1 250 ml wide mouth cylindrical bottle. Use additional bottles if a larger volume of leachate is required for the analysis.

5.4 Add 800 ml (less the moisture content of the sample in ml) of reagent water to the bottle.

5.5 Cap the bottle and agitate it in the rotary extractor for 1 hour.

5.6 Add enough reagent water at the end of the extraction period so that the total volume of liquid is 1 000 ml.

5.7 Separate the material into its component liquid and solid phases as described under the Separation Procedure, Step 4. Discard the solid portion.

Note: It may be necessary to centrifuge the suspension at high speed before filtration, for leachates containing very fine grained particles.

5.8 Calculate the amount of free liquid from Step 4.12 corresponding to 50 g of the dry solid material. Add this amount to the leachate from Step 5.7.

Note: If the analysis is not performed immediately, store separate aliquot parts of the leachate at 4°C, after adding appropriate preservatives for the analytical parameters of interest.

5.9 If the weight of the solid portion in Step 4.1 was less than 0.5% (w/v), analyze the free liquid from Step 4.13; otherwise, analyze the combined solutions from Step 5.8 for contaminants listed in Table 1 of this Schedule that are likely to be present.

5.10 Report concentrations of contaminants in the combined leachate and the free liquid solution as mg/L.

(6) Structural Integrity Procedure

6.1 This procedure may be required prior to extraction for some samples as indicated in Step 5.1. It may be omitted for wastes with known high structural integrity.

6.2 Fill the sample holder with the material to be tested. If the sample of the waste is a large monolithic block, cut a portion from the block measuring 3.3 cm in diameter by 7.1 cm in length. For a treated waste (e.g. solidified waste) samples may be cast in a form with the above dimensions for the purposes of conducting this test. In such cases, the waste should be allowed to cure for 30 days prior to further testing.

6.3 Place the sample holder in the structural integrity tester, then raise the hammer to its maximum height and allow it to fall. Repeat this procedure 14 times.

6.4 Remove the material from the sample holder, and proceed to Step 5.2. If the sample has not disintegrated, it may be sectioned; alternatively use the entire sample (after weighing) and a sufficiently large bottle as the extraction vessel. The volume of reagent water to be initially added is 16 ml/g of dry sample weight. The maximum amount of 0.5 N acetic acid to be added is 4 ml/g of dry sample weight. The final volume of the leachate should be 20 ml/g of dry sample weight.

Table 1
Leachate Quality Standards

The item column gives sequential item numbers for the entries in this Table.

10 Schedule 6 is amended

(a) by repealing items 1, 5, 6, 8, 18 and 19 in Table 1,

(b) in item 7 of Column I of Table 1 by striking out "3.2" and substituting "3",

(c) in item 17 of Column I of Table 1 by repealing "9.1" and substituting "9"

(d) by adding the following to Table 1:

, and

(e) by adding the following at the bottom of Table 1:

The Waste Classification or Name in Column I refers to the classification of dangerous goods in Part 2 of the federal dangerous goods regulations.

11 The attached Schedule 7 is added.

Schedule 7

(s. 1.1 (1))

Wastes

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