B.C. Reg. 319/2004, deposited July 8, 2004, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [Sections 21, 138 and 139] and the ENVIRONMENTAL ASSESSMENT ACT [Section 5]. Order in Council 722/2004, approved and ordered July 7, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective on the date that section 21 of the Environmental Management Act, S.B.C. 2003, c. 53, comes into force,

(a) the Special Waste Regulation, B.C. Reg. 63/88, is amended as set out in the attached schedule, and

(b) section 12 of the Reviewable Projects Regulation, B.C. Reg. 370/2002, is amended by repealing the definition of "biomedical waste" and substituting the following:

"biomedical waste" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88; .

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

Schedule

1 The title of the Special Waste Regulation, B.C. Reg. 63/88, is repealed and the following substituted:

HAZARDOUS WASTE REGULATION

2 The Hazardous Waste Regulation is amended by striking out "special waste" wherever it appears, whether singular or plural or in capital or small letters, and substituting "hazardous waste" in the same form as the struck out text.

3 Section 1 is amended

(a) in subsection (1) in the definition of "Act" by striking out "Waste Management Act;" and substituting "Environmental Management Act;",

(b) in subsection (1) by repealing the definitions of "approved", "carrier", "consignee", "consignor", "long term storage", "short term storage" and "temporary storage" and substituting the following:

"carrier" means a person to whom section 10 (2) of the Act applies because the person transports more than the quantity of hazardous waste prescribed in section 46 (1) of this regulation;

"consignee" means a person to whom section 10 (3) of the Act applies because the person receives more than the quantity of hazardous waste prescribed in section 46 (1) of this regulation;

"consignor" means a person to whom section 10 (1) of the Act applies because the person

(a) produces or stores hazardous waste, and

(b) causes or allows more than the quantity of hazardous waste prescribed in section 46 (1) of this regulation to be transported from the property where it is produced or stored;

"long term storage" means the storage, intended to be permanent, of hazardous waste in an above ground indoor facility;

"short term storage" means the storage of hazardous waste for a period exceeding 96 hours (4 days) if the intention is to move the hazardous waste elsewhere for treatment, disposal or long term storage;

"temporary storage" means the collection, packaging, handling, bulking or storage of hazardous waste in or on a transport vehicle or in a transport container for a period equal to or less than 96 hours (4 days) in any of the following circumstances:

(a) at the location from which the hazardous waste is being shipped;

(b) during transit at a location between the location described in paragraph (a) and the destination of the hazardous waste;

(c) at a receiving facility before being dealt with at the facility; ,

(c) in subsection (1) by adding the following definitions:

"biomedical waste" means waste generated by

(a) human or animal health care facilities,

(b) medical or veterinary research and teaching establishments,

(c) health care teaching establishments,

(d) clinical testing or research laboratories, and

(e) facilities involved in the production or testing of vaccines,

and includes

(f) human anatomical waste, consisting of human tissue, organs and body parts,

(g) animal waste, including

(i) animal tissues, organs, body parts, carcasses and bedding, and

(ii) animal blood and blood products, consisting of

(A) animal fluid blood and blood products,

(B) items saturated or dripping with animal blood,

(C) body fluids contaminated with animal blood, and

(D) animal body fluids removed for diagnosis or during surgery, treatment or autopsy,

(h) microbiology laboratory waste consisting of

(i) laboratory cultures,

(ii) stocks of specimens of micro-organisms,

(iii) live or attenuated vaccines,

(iv) human or animal cell cultures used in research, and

laboratory material that has come into contact with any of the above,

(i) human blood and blood products, consisting of

(i) human fluid blood and blood products,

(ii) items saturated or dripping with human blood,

(iii) body fluids contaminated with human blood, and

(iv) human body fluids removed for diagnosis or during surgery, treatment or autopsy, and

(j) clinical and laboratory waste sharps consisting of needles, syringes, blades or laboratory glass capable of causing punctures or cuts,

but does not include

(k) waste from animal husbandry,

(l) household waste,

(m) waste controlled in accordance with the Health of Animals Act (Canada),

(n) waste generated in food production, general building maintenance or office administration activities in a facility referred to in paragraphs (a) to (e), or

(o) microbiology laboratory waste, human blood and body fluid waste or waste sharps after those wastes have been disinfected or decontaminated by an approved process,

(p) waste described in paragraph (g) after a medical or infection control professional has certified that the waste does not contain a virus or agent listed in Risk Group 2, 3 or 4, as defined in the federal transportation of dangerous goods regulations,

(q) human teeth, hair or nails,

(r) animal teeth, hair, nails, hooves or feathers, or

(s) human urine or feces;

"manifest" means the form prescribed under section 46 (3) (a) or (b), as applicable;

"shipping name", in relation to waste, means

(a) in the case of dangerous goods, the shipping name as defined in the federal dangerous goods regulations, and

(b) otherwise, the type of hazardous waste being shipped as that type is described in this regulation; ,

(d) in subsection (1) in the definition of "dioxin TEQ" by striking out "the director;" and substituting "a director;",

(e) in subsection (1) in the definition of "hazardous waste" by repealing paragraph (i.1) and by adding the following paragraphs:

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

(i) are no longer used for their original purpose, and

(ii) meet the criteria for Class 2, 3, 4, 5, 6, 8 or 9 of the federal dangerous goods regulations,

including those that are recycled, treated, abandoned, stored or disposed of, intended for recycling, treatment or disposal or in storage or transit before recycling, treatment or disposal,

(b.1) biomedical wastes,

(h.1) wastes listed in Schedule 7,

(h.2) 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, ,

(f) in subsection (1) in the definition of ' "polycyclic aromatic hydrocarbon TEQ" or "PAH TEQ" ' by striking out "the director;" and substituting "a director;"

(g) in subsection (1) in the definition of ' "principal organic hazardous constituents" or "POHC" ' by striking out "manager or the", and

(h) by repealing subsection (2) and substituting the following:

(2) If, under this regulation, anything is required to be approved, the approval

(a) must be in writing,

(b) may be made subject to the conditions or requirements the person giving the approval considers necessary or advisable, and

(c) must be obtained from a director unless another person's approval is specifically required.

4 Sections 1.1 and 2 are repealed and the following substituted:

General

2 (1) If a facility is described by the definition of more than one kind of facility, the provisions of this regulation that apply in relation to each of those kinds of facility apply in relation to it.

(2) If the minister has set a date by which an off site facility that existed before April 1, 1988 must comply with the siting standards, operational requirements and performance standards established in this regulation, the off site facility need not comply until that date.

(3) The siting standards contained in this regulation do not apply in respect of an on site facility that existed on April 1, 1988 until the minister orders that those standards apply.

(4) If the minister has set a date by which an on site facility that existed before April 1, 1988 must comply with the operational requirements and performance standards established in this regulation, the on site facility need not comply until that date.

(5) This regulation, except sections 17.1 and 46 (1), does not apply in relation to hazardous waste that is produced or accumulated in a quantity of less than 5 kilograms or 5 litres in a 30 day period.

(6) The owner of an on site treatment facility that is used solely to reduce the volume of hazardous waste is exempt from Parts 2 and 3 and Division 3 of Part 4.

(7) The owner of a recycling facility is exempt from Parts 2 and 3 and Division 1 of Part 4, if

(a) the substances in the waste causing the waste to be classified as a hazardous waste are normally contained in the material fed into the process, or produced by the process, of the recycling facility, and

(b) in the case of an off site recycling facility, the hazardous waste is less than 5% by weight of all the material fed into the process.

(8) Sections 3 to 9, 12, 13, 15 to 35, 37 and 40 do not apply in relation to a facility if only mine tailings or mine waste rock are managed at the facility.

(9) A director, in an individual case, may substitute another requirement for a requirement of this regulation, except a requirement in relation to which the minister is authorized under this regulation to substitute requirements, if the director considers that

(a) the substitution is necessary to protect the public or the environment, or

(b) the intent of the original requirement will be met by the substitution.

(10) A person who knowingly provides false or misleading information in a form required under this regulation commits an offence and is liable on conviction to a fine not exceeding $200 000.

(11) Subject to subsection (12), sections 3, 6 to 13, 25, 28 and 33 do not apply to a facility used to manage hazardous waste from an historical hazardous waste contaminated site if

(a) the facility is located on the historical hazardous waste contaminated site or on other land that the director may approve,

(b) any requirement imposed by the director under subsection (12) is met, and

(c) in the case of an in situ management facility, the person who constructs the facility and the person who operates the facility receive a director's prior approval of the construction or operation.

(12) If a director considers it necessary for the protection of the public or the environment, the director may impose a requirement, in relation to a facility exempted under subsection (11), that the director's considers will accomplish the same purpose as a requirement in a provision from which the facility is exempt.

(13) Subject to subsection (14), Parts 2 and 3 and Divisions 2 and 7 of Part 4 do not apply to temporary storage.

(14) A director may order, in a particular case, that a provision of Part 2 or 3 or of Division 2 or 7 of Part 4 applies to temporary storage.

5 Section 4 is repealed and the following substituted:

Plans

4 (1) Before beginning the construction or installation of a hazardous waste facility, the owner shall obtain approval of any of the following that apply:

(a) plans and specifications of new works;

(b) plans for the modification of existing works;

(c) a new operational plan;

(d) a modified operational plan.

(2) An operational plan under subsection (1) (c) shall specify all of the following:

(a) the type and the maximum amount of hazardous waste that will be stored, treated, recycled or disposed of at the facility;

(b) details of the monitoring that will be carried out, including its content and frequency;

(c) details of the reporting that will be provided to a director, including its content and frequency;

(d) details of auditing activities.

(3) An owner who obtains the approval required under subsection (1) shall carry out the construction, installation and operation of the hazardous waste facility in accordance with the approved plans.

6 Section 5 is amended

(a) in subsection (2) by striking out "the director or manager" and substituting "a director", and

(b) in subsection (4) by striking out "the director or a manager" and substituting "a director".

7 Section 8 (d) is amended by striking out "as a manager may fix." and substituting "as a director may fix.".

8 Section 10 (d) is amended by striking out "the director or a manager." and substituting "a director.".

9 Section 11 is amended

(a) in paragraph (a) by striking out "a manager," and substituting "a director,", and

(b) by repealing paragraph (c) (iii) and substituting the following:

(iii) a director, and .

10 Section 12 (3) is amended by striking out "the director or a manager" and substituting "a director".

11 Section 14 (4) (a) is amended by striking out "manager or the".

12 Section 17 is amended by adding the following subsection:

(2) A director may require an owner of a short term storage facility to give security for performance of the owner's obligations under the Act and this regulation in the amount and form and subject to the conditions, the director may specify.

13 Section 17.1 is amended

(a) in subsection (1) by striking out "on and after February  1, 1989", and

(b) in subsection (3) (f) (i) by striking out "to the director or a manager," and substituting "to a director,".

14 Section 18 (4) is amended by striking out "a manager or the director" and substituting "a director".

15 Section 19 is amended

(a) in subsection (2) (b) by striking out "of a manager" and substituting "of a director" and by striking out "by the director" and substituting "by a director", and

(b) in subsection (3) by striking out "manager" in both places and substituting "director".

16 Section 20 is amended

(a) in subsections (1) (c) and (2) (b) by striking out "a manager, the district director or the director." and substituting "the district director or a director, as applicable.",

(b) in subsection (4) (c) by striking out "the district director or the director" and substituting "the district director or a director, as applicable,", and

(c) in subsections (9) and (11) by striking out "a manager, the district director or the director" and substituting "the district director or a director, as applicable,".

17 Section 21 is amended

(a) in subsection (3) (b) by striking out "manager" and substituting "director" and by striking out "the director" and substituting "a director", and

(b) in subsection (4) by striking out "a manager" and substituting "a director" and by striking out "the manager" and substituting "the director".

18 The following section is added to Division 6 of Part 4:

Permit requirement

24.1 (1) No person shall operate a secure landfill unless a permit has been issued under section 14 of the Act to operate the landfill.

(2) Subsection (1) does not apply in relation to an on-site hazardous waste landfill associated with contaminated site remediation activities.

19 Section 26 is amended

(a) in subsection (2) (h) by striking out "manager or the",

(b) in subsection (5) (a) by striking out "a manager or the director," and substituting "a director," , and

(c) in subsection (5) (b) by striking out "a manager or the director." and substituting "a director.".

20 Section 27 is amended

(a) in subsection (9) by striking out "the director," and substituting "a director,", and

(b) in subsection (10) by striking out "subsection (8)," and substituting "subsection (9),".

21 Section 29 (2) (h) and (3) (a) and (b) is amended by striking out "manager or the".

22 Section 34 (2) (f) and (4) (a) and (b) is amended by striking out "manager or the".

23 Section 35 is amended

(a) in subsection (6) by striking out "the director," and substituting "a director,", and

(b) by adding the following subsection:

(8) A director may require the owner of a long term storage facility to give security for performance of the owner's obligations under the Act and this regulation in the amount and form, and subject to the conditions, the director may specify.

24 Section 39.1 is repealed and the following substituted:

Non-application of other Parts

39.1 (1) Subject to subsection (2), Parts 2, 3 and 4 do not apply to wastes managed in accordance with this Part.

(2) A director may order, in a particular case, that a provision of Part 2, 3 or 4 applies to waste managed in accordance with this Part.

25 Section 40 (1) (e) is amended by striking out "a manager" and substituting "a director" and by striking out "the manager's" and substituting "the director's".

26 Section 41 is amended by repealing subsections (1), (3), (4) and (7) and substituting the following:

(1) Subject to this section, waste oil may be disposed of

(a) in the manufacture of pavement, and

(b) by combustion as a fuel.

27 Section 41.1 is amended

(a) in subsection (2) by striking out "a manager" and substituting "a director" and by striking out "the manager's" and substituting "the director's", and

(b) in subsection (3) (b) by striking out "manager" in both places and substituting "director".

28 Section 42.1 is amended

(a) in subsection (3) (b) by striking out "the director," and substituting "a director,", and

(b) in subsection (4) by striking out "Section 8 (1) (a) and (b) of the Act" and substituting "Section 9 (1) (b) and (c) of the Act".

29 Section 42.2 is amended

(a) in subsection (2) by striking out "Section 9 of the Act" and substituting "Section 10 of the Act", and

(b) in subsection (3) by striking out "section 8 (1) of the Act," and substituting "section 9 (1) of the Act,".

30 Section 42.3 (1) is amended

(a) in paragraphs (a), (b) and (c) by striking out "manager" and substituting "director", and

(b) in paragraphs (b) and (c) by striking out "the director" and substituting "a director".

31 Section 42.4 is amended in subsections (4) (b), (6) (a) and (b) and (7) by striking out "manager" wherever it appears and substituting "director".

32 Section 43 is amended

(a) in subsection (1) by striking out ", on or after April 1, 1988,", by adding "treats, recycles or disposes of," after "or stores", by striking out "Table 1 of" and by striking out "a manager" and substituting "a director",

(b) in subsection (2) by striking out everything before "shall" and substituting "A person who generates within a 30 day period, or stores, treats, recycles or disposes of, a quantity of hazardous waste in excess of that set out in Column II of Schedule 6" and by striking out "a manager" and substituting "a director",

(c) in subsection (3) by striking out "a manager", and

(d) in subsection (5) by striking out everything after "notification to" and substituting "a director under section 9 (2) of the Act.".

33 Section 44 is amended

(a) by striking out "Effective April 1, 1989, no" and substituting "No",

(b) by striking out "a manager" and substituting "a director", and

(c) by striking out "section 9 (1) of the Act" and substituting "section 10 (1) of the Act".

34 Section 45 is amended

(a) in subsection (2) (b) (ii) by striking out "Table 1 of",

(b) in subsections (3), (5) and (6) by striking out "the director" and substituting "a director", and

(c) in subsection (4) by striking out "The director" and substituting "A director".

35 Sections 46 and 47 are repealed and the following substituted:

Manifest requirements

46 (1) For the purposes of section 10 (1) (a), (2) and (3) of the Act, the prescribed quantity of hazardous waste is

(a) for solid hazardous waste, other than waste batteries, 5 kg,

(b) for liquid hazardous waste, other than waste oil, 5 l,

(c) for gaseous hazardous waste, any quantity that fits into a container that has a total liquid capacity of 5 l,

(d) for waste oil, 210 l,

(e) any quantity of liquid or solid hazardous waste that contain 500 grams or more of PCB,

(f) for waste batteries, 1 000 kg, and

(g) for waste paint, 210 l.

(2) The transportation of hazardous waste is exempt from section 10 of the Act if

(a) the hazardous waste is transported only over property owned, leased or controlled by the consignor and the distance between the shipping site and the receiving site is less than 100 km,

(b) the hazardous waste is transported on a public road for less than 3 km, or

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

(3) For the purposes of section 10 of the Act, the prescribed form of a manifest is

(a) if the hazardous waste being transported originated outside British Columbia, a form prescribed for that purpose by another province of Canada or by Canada, and

(b) if the hazardous waste being transported originated in British Columbia, the form set out in Schedule 8 issued by the government with a unique manifest reference number printed on it.

(4) A manifest under subsection (3) (a) must be completed in the manner set out in the regulations of the province or Canada, as applicable.

(5) Subject to sections 47, 47.1 and 47.2, a manifest under subsection (3) (b) must be completed in accordance with the instructions printed on the back of the manifest.

(6) A carrier must carry the manifest in accordance with the requirements for carrying a shipping document in the federal dangerous goods regulations and section 10 (2) of the Act when transporting hazardous waste.

(7) A carrier who delivers hazardous waste to another carrier must provide the manifest relating to the hazardous waste to the next carrier.

(8) A manifest must be filed in the following manner:

(a) the consignor must send the applicable copy of the manifest, with Parts A and B completed, to a director within 3 days after providing the manifest to a carrier;

(b) the consignee must send the applicable copy of the manifest, with Parts A, B and C completed, to a director, the consignor and the carrier who delivered the hazardous waste to the consignee within 3 days after receiving the hazardous waste.

(9) Consignors, carriers and consignees must retain the applicable copy of a manifest at their principal place of business in British Columbia for a period of 2 years after the hazardous waste is delivered to the consignee.

Loads from multiple consignors

47 (1) If a carrier collects hazardous waste of the same type from more than one consignor to establish a bulk load, the carrier may use one manifest for the bulk load.

(2) A carrier described in subsection (1) must

(a) complete a multiple consignors' form in Form 3 of Schedule 5, or a form containing equivalent information, and attach it to the manifest, and

(b) before transferring the bulk load to a consignee,

(i) complete Parts A and B of the manifest, entering the word "multiple" for the company name and shipping site address in Part A, and

(ii) distribute copies of the manifest and multiple consignors' form as indicated on the multiple consignors' form.

(3) On delivery of a shipment and documents by a carrier, a consignee shall complete Part C of the manifest and retain the completed copy and copy C of the multiple consignors' form, or the form containing equivalent information, for a period of at least 2 years.

(4) On completion of the shipment, the carrier shall retain copy 2 of the manifest and copy B of the multiple consignors' form, or the form containing equivalent information, for a period of at least 2 years.

36 Section 47.1 is amended by striking out "Each" and substituting "If 2 or more carriers transport a single shipment, each".

37 Section 48 is repealed and the following substituted:

Storage of hazardous waste

48 Parts 2 and 3 and sections 16, 42.3 (2) and (3) and 42.4 (1) to (6) do not apply to storage facilities storing less than the quantity set out in Column II of Schedule 6.

38 Section 49 (1) and (2) is amended by striking out "the director" and substituting "a director".

39 Section 50 (6) (d) is amended by striking out "as defined in the federal dangerous goods regulations".

40 Section 51 is amended

(a) in subsections (1), (2) and (3) (b), in the opening words of subsection (4) and in subsection (5) by striking out "the director or a manager" and substituting "a director",

(b) in subsection (4) (a) and (b) by striking out "or a manager",

(c) by repealing subsection (6) and substituting the following:

(6) The applicant, if required by a director, must meet with a person or persons who, in the opinion of the director, may be adversely affected by the proposed change in the requirements to explain and clarify the intent of the application. ,

(d) by repealing subsection (7) (a) and substituting the following:

(a) the waste does not fit the criteria for classes 2 to 6, 8 or 9 of the federal dangerous goods regulations, ,

(e) in subsections (8) and (10) by striking out "The director" and substituting "A director",

(f) in subsections (9) and (11) by striking out "the director" and substituting "a director", and

(g) in subsection (11) by striking out "Part 7 of the Act." and substituting "Part 8 of the Act.".

41 Section 52 (1) is repealed and the following substituted:

(1) A person is exempt from the requirements of this regulation for the purpose of managing hazardous waste that originates from an accidental spill, or the abandonment, of dangerous goods if the person satisfies a director that

(a) the person will manage the hazardous waste in a manner that will not pose a threat to human health or the environment, and

(b) the exemption is in the public interest.

42 Section 53 is repealed and the following substituted:

Delisting

53 (1) A director may approve test protocols or methods for the purposes of sections 19 (2) (b) and 21 (3) (b) and subsection (2).

(2) If a director is satisfied on the basis of test protocols or methods approved under subsection (1) that a hazardous waste or a class of hazardous waste and the residue from the treatment or incineration of the hazardous waste or class does not pose a threat to human health or the environment if dealt with in accordance with the test protocol or method, the hazardous waste or class is exempt from this regulation when dealt with in accordance with the test protocol or method.

43 The following Part is added:

Part 10 — Transitional Provision

Transition — hazardous waste storage permits

54 During the period that this provision is in force in accordance with section 141 (3) of the Act, despite the repeal of section 10 of the Waste Management Act, a director may

(a) order that a specific permit issued under that section of the Waste Management Act authorizing the storage, treatment, disposal or recycling of hazardous waste remains valid and in force,

(b) exercise the authority under section 13 of the Waste Management Act in relation to a permit in respect of which the director has made an order under paragraph (a) as if that section had not been repealed, and

(c) cancel an order under paragraph (a).

44 Schedule 2 is amended

(a) in Note (2) by striking out "manager" and substituting "director", and

(b) in Note (3) by striking out "the director" and substituting "a director".

45 Part 2 of Schedule 4 is amended in items 2.12, 5.1 and 6.2 by striking out "should" and substituting "must".

46 Schedule 5 is amended

(a) in subsection (2) of the instructions to Form 1A and Form 1B by striking out "The Regional Waste Manager" and substituting "The Director of Waste Management",

(b) in the title to Form 2 by striking out "WASTE MANAGEMENT ACT" and substituting "ENVIRONMENTAL MANAGEMENT ACT",

(c) in Form 2 by striking out the address of the Director of Waste Management and substituting the following:

PO Box 9342 Stn Prov Govt
Victoria, B.C.
V8W 9M1
(located at 2975 Jutland Road, Victoria, B.C.), and

(d) in Form 4 by striking out "the Regional Waste Manager" and substituting "a director".

47 Schedule 6 is amended by striking out Column III.

48 Schedule 8, attached, is added.

Schedule 8 — Hazardous Waste Regulation

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada