Part 5 — Prohibited Management Practices

Mixing and dilution

36 No person shall mix or dilute hazardous waste with any solid or liquid, including waste, water or rain water, or otherwise take action by dividing a hazardous waste to evade this regulation or similar regulations in another jurisdiction.

[am. B.C. Regs. 132/92, s. 18; 319/2004, s. 2.]

Underground injection

37 No person shall treat, store or dispose of hazardous waste by means of underground injection.

[am. B.C. Reg. 319/2004, s. 2.]

Floating facilities

38 No person shall operate a hazardous waste facility on a boat, barge or other vessel while it is floating on fresh water, but nothing in this section prohibits the transportation of hazardous waste.

[am. B.C. Reg. 319/2004, s. 2.]

Prohibition

39 No person shall deposit or discharge or allow or cause hazardous waste to be deposited or discharged into any system of waste disposal operated by a municipality or other public authority unless the deposition or discharge is expressly authorized by a permit, approval, order, regulation or a waste management plan approved by the minister.

[am. B.C. Reg. 319/2004, s. 2.]

Part 6 — Management of Specific Hazardous Wastes

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.

[en. B.C. Reg. 319/2004, s. 24.]

Management of waste asbestos

40 No person shall deposit waste asbestos in a landfill other than a secure landfill unless

(a) a permit or an approval has been issued under the Act to operate the landfill, or the landfill is operated under a waste management plan,

(b) the waste asbestos is confined during handling, storage and transportation by

(i) dry airtight containment techniques such as

(A) packing in 6 mil plastic bags placed within a non-reuseable drum and then sealed, or

(B) packing in a 6 mil plastic bag placed within a second 6 mil plastic bag and then sealed, or

(ii) wet containment techniques such as saturation with water and containment in non-leaking sealed drums or equivalent, or

(iii) approved containment techniques,

(c) the waste asbestos is disposed of at the landfill by being immediately buried with a minimum of 0.5 m of cover material,

(d) approval of the landfill owner is received before disposal takes place, and

(e) the deposit is authorized by a director and carried out in accordance with the director's requirements.

[am. B.C. Regs. 132/92, s. 20; 319/2004, s. 25.]

Waste oil

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

(a) in the manufacture of pavement, and

(b) by combustion as a fuel.

(2) No person shall without approval mix waste oil with any material in the manufacture of pavement unless the waste oil meets the following specifications

(3) and (4) Repealed. [B.C. Reg. 319/2004, s. 26.]

(5) No person shall, without approval, use waste oil as a fuel unless it meets the following specifications:

Waste Oil Specifications for Use as a Fuel

(6) No person shall

(a) mix or blend waste oil with any other substance for use as a fuel, or

(b) sell waste oil or a mixture of waste oil for use as a fuel

unless the waste oil has been analyzed and shown to meet the specifications indicated

(c) in Column II of the table in subsection (5), if the oil is to be burned in a cement kiln, or

(d) in Column III of the table in subsection (5), if the oil is to be burned in a device other than a cement kiln.

(7) Repealed. [B.C. Reg. 319/2004, s. 26.]

[am. B.C. Regs. 132/92, s. 21; 319/2004, s. 26.]

Hydrocarbon contaminated soil

41.1 (1) Subject to subsection (2), hydrocarbon contaminated soil is authorized for

(a) treatment and short term storage on the site where the hydrocarbon contaminated soil was generated,

(b) treatment and short term storage at any landfill or storage facility for which an authorization has been issued under the Act, or

(c) use in the manufacture of asphalt,

if the hydrocarbon contaminated soil meets all of the following specifications:

Standards for Management of Hydrocarbon Contaminated Soil

(2) No person shall store, treat or use hydrocarbon contaminated soil under the authority of subsection (1) unless

(a) prior written notification of any proposed storage or treatment is provided to a director and the storage and treatment is carried out in accordance with the director's requirements,

(b) the hydrocarbon contaminated soil is a hazardous waste due only to the presence of one or more items listed in Column I of the table in subsection (1),

(c) the hydrocarbon contaminated soil is spread in single layers not exceeding 0.3 metres in thickness per year, and

(d) the daily quantity of hydrocarbon contaminated soil, if disposed of in the manufacture of asphalt, is not more than 10% of the total material fed to the asphalt plant.

(3) Hydrocarbon contaminated soil which has been treated so that it is no longer a hazardous waste may be disposed of in a landfill if

(a) approval of the landfill owner is received before disposal takes place, and

(b) the deposit is authorized by a director and carried out in accordance with requirements specified by the director.

[en. B.C. Reg. 132/92, s. 22; am. B.C. Reg. 319/2004, ss. 2 and 27.]

Pest control product wastes and containers

42 (1) In this section:

"appropriate solvent" means a solvent that does not contain a pest control product and is capable of dissolving or removing a pest control product;

"empty" means

(a) to drain a liquid product residue from a container into a spray tank or mixing tank for a period of not less than 30 seconds,

(b) to remove an inner liner, where present, and shake all product residue into a spray tank or mixing tank, or

(c) to use all the product in a pressurized metal container without puncturing the container;

"pressure rinse" means to clean by means of pressurized spraying of an appropriate solvent into an empty container for at least 30 seconds so that all interior surfaces of the container are rinsed; “product” means pest control product;

"product" means pest control product;

"rinse" means

(a) to introduce an appropriate solvent into an empty container in an amount not less than 20% of its volume,

(b) to close and shake the container so that the solvent makes contact with all interior surfaces, and

(c) to open and empty the container.

(2) Subject to this section, the disposal of

(a) a waste product container, and

(b) a waste containing a product

is authorized.

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

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

(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.

(4) A waste product container that is

(a) emptied and rinsed in the manner set out in this section, or

(b) labelled “Domestic” by the manufacturer and emptied

is not a hazardous waste.

(5) Prior to disposal of a waste product container, the owner of it shall

(a) empty the container, and

(b) rinse it using the appropriate method indicated in the following table:

TABLE

Methods for Rinsing Waste Pest Control Product Containers

(6) The owner of a waste product container that has been emptied and rinsed shall recycle the container or dispose of it

(a) in an approved landfill, or

(b) by burying it, but only if

(i) the burial location

(A) is on land owned or leased by the person owning the container, or

(B) is on land owned, leased or maintained in a tree farm licence, as defined in the Forest Act, by the person owning the container,

(ii) the burial location is on flat ground, not in a swale and at least 200 m from surface water or a well,

(iii) the ground does not consist of gravel, sand or other similarly porous material, and

(iv) the owner covers it with at least 0.5 m of soil immediately after burial.

(7) Waste produced by cleaning pesticide application equipment or by rinsing waste product containers under this section shall, if practicable, be used in mixing a product solution but, if not practicable, it may be applied to land if the area to which it is applied

(a) is on land to which the product contained in the waste has been applied for purposes of pest control,

(b) is flat ground, not in a swale, and at least 200 m from surface water or any well, and

(c) does not consist of gravel, sand or other similarly porous material.

[am. B.C. Regs. 132/92, s. 23; 214/2004, s. 5; 319/2004, s. 2; 464/2004, s. 4 (a).]

Waste paint

42.1 (1) Subject to this section, the treatment and recycling of waste paint is authorized at facilities owned and operated by a paint manufacturer or formulator.

(2) No person shall without approval recycle waste paint unless the paint meets the following specifications:

Waste Paint Specifications for Recycling

(3) A person who treats or recycles waste paint shall

(a) maintain records of quantities of waste paint recycled for 2 years from the date the paint is recycled, and

(b) report to a director, before January 31 in each year, the quantities recycled during the previous calendar year.

(4) Section 9 (1) (b) and (c) of the Act does not apply to waste paint stored at a recycling facility or at a paint wholesale or retail operation.

[en. B.C. Reg. 132/92, s. 24; am. B.C. Reg. 319/2004, s. 28.]

Collection and storage of household hazardous waste

42.2 (1) The collection and storage of household hazardous waste at a return collection facility, in accordance with this section and sections 42.3, 42.4 and 50, is authorized.

(2) Section 10 of the Act does not apply if the household hazardous waste is transported directly to the return collection facility

(a) by an occupant of a residential property from his or her place of residence, or

(b) by a farmer from his or her farm.

(3) Despite section 48 (1), for the purpose of section 9 (1) of the Act, the prescribed cumulative amount of household hazardous waste authorized for storage under the authority of subsection (1) is 25 000 kg by weight or 25 000 litres by volume.

[en. B.C. Reg. 52/95, s. 2; am. B.C. Reg. 319/2004, s. 29.]

Requirements for establishment and operation
of a return collection facility

42.3 (1) Every person who proposes to establish and operate a return collection facility must, at least 30 days before commencement of collection and storage at the return collection facility, do all of the following:

(a) provide to a director and to the municipality and regional district where the proposed return collection facility will be located or will operate, the following information:

(i) the street address of the proposed return collection facility;

(ii) the type and maximum quantity of household hazardous waste to be stored at the proposed return collection facility;

(iii) the name, address, telephone number and facsimile number of the owner of the proposed return collection facility;

(iv) the name, address, telephone number and facsimile number of a person available for 24 hour emergency contact;

(v) the proposed commencement date for the collection of household hazardous waste;

(vi) the name of each transporter and hazardous waste management company that will be initially responsible for the transportation and management of the household hazardous waste after it leaves the return collection facility;

(b) despite section 43 (1) and (2), make a generator registration report and apply for a consignor identification number by completing and submitting to a director the information in Form 1A of Schedule 5 or, in the alternative, the information required by a form provided by a director for this purpose;

(c) despite section 43 (3), if there is a material change to the information submitted in a generator registration report, notify a director of the change by completing and submitting a report in Form 1B of Schedule 5 or, in the alternative, the information required by a form provided by a director for this purpose.

(2) Every return collection facility must comply with all of the following specifications:

(a) if household hazardous waste is stored in an indoor return collection facility, it must be designed, constructed, operated and maintained in compliance with the Building Regulations of British Columbia and the British Columbia Fire Code Regulation;

(b) it must conform to the land use, building and zoning requirements of the host municipality and regional district in which the return collection facility is located;

(c) it must be designed, constructed, operated and maintained so that the capability of the return collection facility to collect and store household hazardous waste is not adversely affected by the weather;

(d) it must be equipped with a suitable access security system to prevent unauthorized access by persons or by animals;

(e) it must have a sign at each entrance to the return collection facility which identifies it as a return collection facility and specifies

(i) the hours of operation of the return collection facility,

(ii) the type or types of household hazardous waste accepted at the return collection facility and, if applicable, any appropriate safety warnings,

(iii) the name and telephone number of the owner of the return collection facility,

(iv) a 24-hour emergency contact number, and

(v) a prohibition against the depositing of materials outside the return collection facility;

(f) it must have an impervious spill containment system sufficient to hold 110% of the largest volume of free liquid household hazardous waste in any given container or tank;

(g) it must have a suitable controlled forced air ventilation system if household hazardous waste is stored in an indoor household hazardous waste collection facility.

(3) A person must not establish, construct, set-up or operate a return collection facility within the boundaries of

(a) a national, Provincial, regional or municipal park,

(b) a wildlife management area as designated under section 4 of the Wildlife Act,

(c) a critical wildlife area or wildlife sanctuary designated under section 5 of the Wildlife Act,

(d) land acquired and administered under section 3 of the Wildlife Act,

(e) an ecological reserve designated under the Ecological Reserve Act,

(f) a bird sanctuary designated under the regulations pursuant to the Migratory Birds Convention Act (Canada), or

(g) a wildlife area designated under the Canada Wildlife Act (Canada).

(4) A return collection facility must not discharge, into the environment, a storm sewer or a municipal or industrial effluent treatment works, effluent produced by the operation of the return collection facility unless the discharge meets the effluent standards prescribed in Schedule 1.2.

[en. B.C. Reg. 52/95, s. 2; am. B.C. Reg. 319/2004, ss. 2 and 30.]

Operating requirements for a return collection facility

42.4 (1) The owner of a return collection facility must keep an operating record at the return collection facility, for inspection by an officer, with the following information for each type of household hazardous waste stored at the return collection facility:

(a) a description of each household hazardous waste including the name and, if applicable, the product identification number, classification and packing group number as described in the federal dangerous goods regulations;

(b) a statement as to whether the household hazardous waste is a solid, liquid or gas or a combination of 2 or more of these;

(c) a record, updated at least weekly, of the quantity, in kilograms or litres, of each type of household hazardous waste in storage at the return collection facility.

(2) The records required under subsection (1) must be kept for a minimum of 2 years after the household hazardous waste has been removed from the return collection facility, and be made available for inspection by an officer.

(3) The owner of a household hazardous waste collection facility where household hazardous waste is stored must do all of the following:

(a) ensure that there is sufficient clearance between containers stored at the household hazardous waste collection facility to permit a visual inspection of the containers for leaks and spills;

(b) make a weekly inspection of the household hazardous waste collection facility for any irregularities including, without limitation, malfunctions, container damage, leaks and spills which may lead to the escape of the household hazardous waste from the household hazardous waste collection facility or may pose a threat to human health or the environment;

(c) maintain at the household hazardous waste collection facility, for inspection by an officer, a record of inspections conducted as required by paragraph (b) showing

(i) any irregularities at the household hazardous waste collection facility and the date the irregularities were discovered, and

(ii) the corrective action taken and the date the action was taken.

(4) The owner of a return collection facility must

(a) prepare and maintain a current contingency plan which documents procedures to be followed during emergencies, and

(b) test the contingency plan required by paragraph (a) if directed by a director, in writing, to conduct such a test.

(5) The owner of a return collection facility must ensure that

(a) each person employed at the return collection facility is adequately trained in the handling of each specific type of household hazardous waste handled by that person and accepted at the return collection facility, and

(b) at least one person employed at the return collection facility is adequately trained in the handling of all types of household hazardous waste accepted at the return collection facility.

(6) The owner of a household hazardous waste collection facility must

(a) notify a director at least 90 days in advance of an impending closure of the household hazardous waste collection facility,

(b) prepare a written closure plan and obtain approval of the plan from a director, and

(c) complete the closure of the household hazardous waste collection facility in accordance with the approved closure plan.

(7) Repealed. [B.C. Reg. 464/2004, s. 4 (b).]

[en. B.C. Reg. 52/95, s. 2; am. B.C. Regs. 214/2004, s. 6; 319/2004, s. 31; 464/2004, s. 4 (b).]

Part 7 — Administrative Requirements

Registration of hazardous waste

43 (1) Subject to subsection (5), 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 who has not made a generator registration report, shall make the generator registration report and apply for a consignor identification number by completing and submitting to a director the information in Form 1A of Schedule 5.

(2) 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 shall, within 30 days after the storage of that quantity or 30 days after the generation of that quantity, make a generator registration report and apply for a consignor identification number by completing and submitting to a director the information in Form 1A of Schedule 5.

(3) Where there is a material change to the information submitted in a generator registration report, the person who stores or generates the hazardous waste shall notify a director of the change by completing and submitting a report in Form 1B of Schedule 5.

(4) This section does not apply to hazardous waste being recycled without storage at an on site facility.

(5) Registration of hazardous waste in storage under this section shall be deemed to constitute notification to a director under section 9 (2) of the Act.

[am. B.C. Regs. 10/89, s. 7; 132/92, s. 25; 319/2004, ss. 2 and 32.]

Consignor identification number

44 No person shall

(a) offer for transport a hazardous waste shown in Column I of Schedule 6 in a quantity that exceeds the amount shown for that waste in Column II of that schedule unless he first obtains a consignor identification number from a director and writes that number on every manifest that he is required to use under section 10 (1) of the Act in the space in Part A marked "Provincial ID No.", or

(b) transport a hazardous waste shown in Column I of Schedule 6 in a quantity that exceeds the amount shown for that waste in Column II of that schedule unless the shipment is accompanied by a manifest which shows the consignor's identification number in the space in Part A marked "Provincial ID No."

[en. B.C. Reg. 10/89, s. 8; am. B.C. Regs. 132/92, s. 26; 319/2004, ss. 2 and 33.]

Transport licence

45 (1) No person shall, after 90 days from the effective date of this regulation, transport by road hazardous waste for which a manifest is required without having a licence issued under this section.

(2) Subsection (1) does not apply

(a) to transportation solely within the boundaries of property owned, leased or controlled by the person who stores or generates the hazardous waste being transported, or

(b) if the hazardous waste is

(i) transported by the person who generated it, and

(ii) less than a quantity set out in Column II of Schedule 6.

(3) Every applicant for a licence under subsection (1) shall complete the application in Form 2 of Schedule 5 and submit it to a director.

(4) A director may, on receipt of an application setting out the information referred to in subsection (3), issue a transport licence with such conditions as he considers necessary for the protection of the environment.

(5) Where a holder of a transport licence violates the terms of his licence or contravenes the Act or a regulation under the Act, a director may suspend or cancel his licence.

(6) Before suspending or cancelling a licence, a director shall allow the licensee to make representations to him and may hold a hearing on the matter.

(7) The carrier shall keep or cause to be kept a copy of the licence in the cab of the vehicle while it is being used to transport hazardous waste.

(8) Where there is a substantial change in the circumstances under which hazardous waste is transported, so that the information provided in the application for the licence is no longer accurate, the licence is void.

[am. B.C. Regs. 10/89, s. 9; 319/2004, ss. 2 and 34.]

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.

[en. B.C. Reg. 319/2004, s. 35.]

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.

[en. B.C. Reg. 319/2004, s. 35.]

Multiple carrier shipments

47.1 (1) Where a consignor uses 2 or more carriers for a single shipment, the consignor shall

(a) use one manifest to record the shipment,

(b) complete Part A of the manifest and attach a multiple carriers form in Form 5 of Schedule 5, or a form containing equivalent information,

(c) complete Part B of the manifest by entering the words “see attached form” for the names of the carriers,

(d) send copy 1 of the manifest to the appropriate authority at the address shown on the reverse side of the manifest,

(e) attach the multiple carriers form referred to in paragraph (b) to copies 3, 4, 5 and 6 of the manifest and give it to the first carrier, and

(f) retain copies 2 and 6 of the manifest and copy D of the multiple carriers form, or the equivalent form, for a period of at least 2 years.

(2) If 2 or more carriers transport a single shipment, each carrier shall

(a) upon acceptance of shipment from the consignor or another carrier, complete and sign the multiple carriers form and carry it and the manifest in the vehicle with the shipment, and deliver these forms to the consignee after delivering the shipment, and

(b) retain a copy of copy 4 of the manifest and a copy of copy B of the multiple carriers form for a period of at least 2 years.

(3) The consignee shall

(a) complete Part C of the manifest,

(b) attach and distribute copies of the manifest and the multiple carriers form as indicated on the multiple carriers form, and

(c) retain copy 5 of the manifest and copy C of the multiple carriers form, or the equivalent form, for a period of at least 2 years.

[en. B.C. Reg 132/92, s. 28; am. B.C. Reg. 319/2004, s. 36.]

Shipments of multiple different wastes

47.2 (1) Where a consignor ships more hazardous wastes than can be recorded on a single manifest, the consignor may use a single manifest to record the hazardous wastes shipped and shall

(a) complete a multiple wastes form in Form 6 of Schedule 5, or a form containing equivalent information,

(b) complete Part A of the manifest and enter the words "see attached form" for the description of the waste,

(c) send copy 1 of the manifest to the appropriate authority at the address shown on the reverse side of the manifest,

(d) attach the completed multiple different wastes form, or equivalent form, to the manifest and give it to the carrier to be kept in the vehicle and delivered to the consignee after delivery of the shipment, and

(e) retain copies 2 and 6 of the manifest and copy D of the multiple different wastes form, or the equivalent form, for a period of at least 2 years.

(2) The carrier shall

(a) complete Part B of the manifest,

(b) carry the manifest and the multiple different wastes form in the vehicle and deliver these forms to the consignee after delivering the shipment, and

(c) retain copy 4 of the manifest and copy B of the multiple different wastes form, or the equivalent form, for a period of at least 2 years.

(3) The consignee shall

(a) complete Part C of the manifest,

(b) attach and distribute completed copies of the manifest and the multiple different wastes form, or the equivalent form, as indicated on the multiple different wastes form, and

(c) retain copy 5 of the manifest and copy C of the multiple different wastes form, or the equivalent form, for a period of at least 2 years.

[en. B.C. Reg. 132/92, s. 28; am. B.C. Reg. 319/2004, s. 2.]

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.

[en. B.C. Reg. 319/2004, s. 37.]

Analytical methods

49 (1) All methods for analyzing samples under this regulation must be approved by a director.

(2) Where any method is prescribed in this regulation for hazardous waste, a director may vary this method in whole or in part if he believes that an alternative method is more appropriate

(a) for a particular waste,

(b) in a particular waste management system, or

(c) under particular environmental circumstances.

[am. B.C. Reg. 319/2004, ss. 2 and 38.]

Part 8 — Containers for Hazardous Waste

Storage and transportation

50 (1) For the purposes of this section, materials are compatible with one another when, under normal conditions of storage or transport,

(a) hazardous waste will not be released into the environment,

(b) no heat, gas, corrosive or toxic substance is given off, and

(c) the effectiveness of the packaging of the hazardous waste is not reduced.

(2) Any person who

(a) transports hazardous waste, or

(b) is required to store hazardous waste in a container,

shall use a container that is designed, constructed or lined with materials that are compatible with the waste.

(3) A person who uses a container to store or transport hazardous waste shall

(a) keep the container closed at all material times during storage or transport, and

(b) not open, handle, store or transport the container in a manner which may cause it to leak or rupture.

(4) No person shall store or transport in the same container

(a) two or more hazardous wastes which are not compatible, or

(b) a hazardous waste which is not compatible with any substance placed in the container.

(5) No person shall place hazardous waste in an unwashed container that previously held a material which is incompatible with that hazardous waste.

(6) No person shall store or transport hazardous waste in a small inside container within a labpack unless

(a) the container is enclosed within an open head metal labpack which

(i) has a tight fitting gasketted lid, and

(ii) is lined with a plastic bag not less than 4 mil thick,

(b) the container is not leaking and is securely sealed,

(c) any container of liquid hazardous waste is put inside a clear plastic bag not less than 4 mil thick which is sealed before being placed inside the labpack,

(d) the waste within the container is identifiable either by

(i) the original label on the container, or

(ii) a new label applied to the container or plastic bag

stating the correct shipping name,

(e) sufficient inert packing material is used to fill all spaces between the inside containers so as to prevent accidental breakage and leakage, and

(f) a list of the contents and size of each container is

(i) retained for inspection by an officer while the hazardous waste is being stored,

(ii) attached to the manifest while the hazardous waste is being transported, and

(iii) attached, by the consignee, to the copies of the manifest which are sent to the appropriate authorities under the federal dangerous goods regulations.

(7) No person shall use a container which contains residues of hazardous waste to hold, store or transport food, animal feed or a product which may directly become part of the human food chain.

(8) No person shall store or transport hazardous waste unless it is placed in a container or otherwise secured so that under normal conditions of storage or transport the hazardous waste does not leak or escape into the environment.

[am. B.C. Regs. 132/92, s. 30; 214/2004, s. 8; 319/2004, ss. 2 and 39.]

Part 9 — Specific Exemptions

Application for change in requirements

51 (1) Any person who seeks a change in the requirements of this regulation may make application to a director by completing and submitting the form containing the matters set out in Form 4 of Schedule 5.

(2) An application may be filed by an agent of the applicant, and unless a director authorizes otherwise, an obligation imposed by this section on an applicant may be carried out by his agent.

(3) The applicant shall, within 15 days from the date of signing the application,

(a) post at a conspicuous place, at or near the point where the hazardous waste is produced or managed, a signed copy of the application, and

(b) file with a director 2 signed copies of the application.

(4) The applicant shall, if required by a director, do one or more of the following:

(a) publish a copy of the application in one or more newspapers specified by the director;

(b) serve a signed copy of the application on a person who, in the opinion of the director, may be adversely affected by the proposed change in requirements;

(c) display a copy of the application in one or more branch post offices of Canada Post Corporation.

(5) Any person who may be adversely affected by the proposed change in requirements may, within 30 days of the last date of

(a) posting under subsection (3) (a),

(b) publication, service or display under subsection (4), or

(c) any publication of the application in the British Columbia Gazette

notify a director in writing stating how he is affected.

(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.

(7) An applicant must demonstrate to the satisfaction of the director that

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

(b) the system used to manage or recycle the hazardous waste provides equal or better protection than the protection offered by this regulation, or

(c) site specific natural conditions mitigate the hazards associated with the hazardous waste,

to such an extent that human health and the environment will not be substantially impaired.

(8) A director may, on receipt of an application under this section

(a) request such additional information as he requires to evaluate the application,

(b) refuse to grant the change in requirements, or

(c) grant all or part of the requested changes from any or all of the requirements of this regulation for a definite or indefinite period of time, and with such conditions as he deems appropriate.

(9) On the granting or refusing of the application, a director shall serve a signed copy of his decision on the applicant and shall give notice of it to all persons who have submitted written notification under subsection (5).

(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 his application.

(11) Any decision made by a director under this section shall be deemed to be a decision for purposes of Part 8 of the Act.

[am. B.C. Regs. 132/92, s. 31; 319/2004, ss. 2 and 40.]

Hazardous wastes from accidental spills or abandonment

52 (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.

(2) Part 7 of this regulation does not apply to an officer, as defined in the Act, during the performance of his or her duties where the officer is responding to an accidental spill or abandonment of dangerous goods.

[en. B.C. Reg. 132/92, s. 32; am. B.C. Reg. 319/2004, ss. 2 and 41.]

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.

[en. B.C. Reg. 319/2004, s. 42.]

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).

[en. B.C. Reg. 319/2004, s. 43.]

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