10. Waste management

10.1 Managing your waste

This section of the manual provides information to help generators manage their hazardous wastes appropriately. It discusses what is considered mixing, blending, bulking and intermingling of hazardous wastes at waste generation and waste receiving facilities. It also identifies the main regulatory requirements associated with different waste management options for wastes that are managed on-site and off-site, as well as providing information to help generators understand the provisions of Section 17.1 and Section 17.2 of Regulation 347, which explain when an ECA is required for waste management activities that take place at the waste generation facility.

The requirements for on-site storage, mixing (including blending, bulking and intermingling) and processing of wastes may apply to waste generation facilities that are used mainly for activities other than waste management, as well as to sites that generate hazardous wastes that are subject to the land disposal treatment requirements. Whether or not these sections of the regulation apply depends on the type of wastes being generated (non-hazardous and hazardous) and the type of waste activities being carried out on-site. These requirements are further discussed below.

10.1.1 Mixing, blending and bulking of hazardous wastes

Regulation 347 limits mixing, blending, bulking or other intermingling of hazardous waste with any other waste or material at the waste generation facility, during transfer to a waste transportation vehicle, and at waste disposal sites.

The mixing, blending and bulking restrictions apply only to hazardous waste. Regulation 347 does not prevent the mixing, blending or bulking of LIW with similar wastes, and the province’s restrictions on these activities are most stringent for wastes that are subject to the LDR requirements.

To determine if a waste can be mixed, blended or bulked with other wastes, the generator first has to identify the type of wastes being generated. Each waste must be characterized at the point of generation to determine if it is hazardous, what type of hazardous waste it is, and whether it is subject to LDR requirements. These steps must be completed before it can be determined whether the waste can be mixed, blended or bulked with any other waste or material. In general, the bulking of waste is not prohibited, provided that the wastes are similar in nature (for example, solids bulked with other solids, liquids bulked with other liquids), they have the same waste number (i.e., same waste class and waste characterizations) and that no processing takes place.

Once the generator has identified the waste characterization, the waste class, and whether the waste is subject to the LDR requirements for each hazardous waste, a determination can be made on whether mixing, blending or bulking of the waste with another waste or material can take place.

In general, the mixing, blending and bulking of hazardous wastes is limited by the physical state of the waste, the waste class and hazardous waste characterization. However, if a waste is subject to the LDR requirements, the type of treatment needed to meet the treatment requirement must also be considered. Only wastes that are amenable to the same treatment may be considered for mixing, blending or bulking, even if they have the same waste class and waste characterization. Considerations that can help in determining when hazardous wastes may be mixed, blended or bulked or separately managed include the following:

• Do the wastes have the same waste class?
• Are the waste characterizations the same for each waste?
• Are the wastes similar in composition and physical state?
• Can the wastes be managed using the same method of treatment or disposal?
• Have the wastes been generated from similar operations?

In general, a "NO" answer for any of the first four considerations above means that the waste streams should not be mixed, blended or bulked.

Generators should also keep in mind that the mixture and derived-from rules apply to certain hazardous wastes (for example, listed wastes). When one of these wastes is mixed with any other waste or material or when another waste is derived from this waste, the waste retains the original waste characterization (i.e., a listed waste remains a listed waste), even after it has been treated.

The mixture rule ensures that the waste continues to be defined as a hazardous waste, to prevent the avoidance of appropriate waste management because of dilution. This rule applies if a listed waste (or other waste to which the mixture and derived-from rules apply) is mixed with any other waste or material. The mixed waste maintains its classification as a listed waste, and must be managed as such, even if the hazardous nature of the waste was changed through dilution during the mixing process.

As a general rule, wastes that must meet land disposal treatment requirements may be mixed, blended or bulked if all the wastes are amenable to the same treatment to meet the treatment requirement (i.e., different waste streams need to be treated using the same technology) and all regulated constituents identified in the individual waste streams are reported and treated to meet the treatment requirements (for example, the bulking has not diluted the regulated constituents that have been identified in the individual wastes streams with no processing taking place).

Wastes that are subject to the LDR requirements may be mixed, blended or bulked on-site if it is part of a treatment process designed to permit the land disposal of the waste. The regulation also allows a generator to mix, blend or bulk different types of wastes that are subject to the LDR requirements if the generator is sending these wastes to a receiving facility that is approved to mix, blend or bulk these different types of wastes. However, the generator would need a document from the receiver confirming that the receiving facility will take the mixed, blended or bulked wastes. If these conditions are met, the generator may mix, blend or bulk these wastes on-site (please see the Regulatory Requirements for more information).

If mixing, blending or bulking is being conducted at a waste management facility or through a waste management system, the owner/operator of the facility or system should have the ECA updated to reflect the approved activity that is taking place. This should help remove any doubts about the status of different wastes that are being mixed, blended or bulked. An ECA can be amended to identify the specific waste classes that are allowed to be mixed, blended or bulked. Updating the ECA will also help the waste generator comply with the requirements of subsections 17.1 (2) 5 and 17.1 (2) 11, if the generator plans to mix, blend or bulk wastes subject to the LDR requirements on-site, in accordance with a receiver’s ECA.

10.1.1.1 Examples of what is considered mixing and what is not considered mixing

The following examples are not intended to be exhaustive, but rather to provide guidance for generators with respect to the mixing of hazardous wastes.

Examples of mixing:

• wastes with the same waste class and waste characterization and the same physical state, unless the waste is subject to LDR requirements, in which case further restrictions may apply
• wastes that are generated from similar processes (for example, waste oils collected from various locations within a plant - i.e., bulking)
• where processing occurs as a result of mixing (for example, acid and base results in neutralized waste, although additional land disposal treatment requirements may apply)
• mixing of different waste classes limited to 251, 252 and 253 combined to create 254 at transfer stations
• wastes that can be processed using the same treatment method to meet land disposal treatment requirements

Please note that if a waste is subject to the LDR requirements, an ECA may be required, as set out in Section 17.1 of Regulation 347, even in the cases where mixing is allowed such as the cases illustrated above. In some cases, the generator may obtain an ECA for mixing. In other cases, where it is specified in Regulation 347, the ECA for the receiving facility or the waste transportation system may be sufficient, provided that the generator has a document from the facility that confirms its willingness to accept the mixed waste.

Examples of what is not considered mixing:

• wastes that are not "like" wastes (for example, oil and solvent)
• wastes with different primary waste characterizations (for example, T and H, L and T)
• wastes that are not in the same physical state (for example, liquid and solid)
• wastes that are not similar in composition (for example, organic and inorganic)
• wastes that have different land disposal treatment requirements that cannot be achieved using the same method of treatment
• if combining the wastes results in dilution of regulated constituents with no processing taking place (for example, two wastes that are subject to the LDR requirements with different metal constituents are combined to dilute the metals so that the combined waste is not hazardous for either metal)
• wastes that are subject to the LDR requirements are combined with wastes that are not subject to the LDR requirements
• combining wastes to change the nature of the wastes (for example, a T (leachate toxic) waste and non-hazardous waste combined to create a non-hazardous waste)

Where wastes are combined and it is not considered mixing, the nature of the more hazardous component or the more stringent treatment requirement will apply (for example, if L and H wastes are mixed, the mixture must be classified as H (the mixture rule). If a waste subject to LDR requirements is mixed with a waste that is not subject to LDR requirements, the entire mixture must be treated to the applicable land disposal treatment requirements.

10.1.2 Regulatory requirements

Table 2 below outlines the main regulatory requirements associated with each of those waste management options, according to whether the waste is being managed on- or off-site. Each of the regulatory requirements identified in the table are briefly discussed in this section.

10.1.2.1 Registration

No subject waste may be transported within Ontario without a valid generator registration document. Generators are required to register each subject waste stream produced at each operational site.

10.1.2.2 Land disposal restrictions (LDR)

The LDR program requires that generators of hazardous wastes ensure that these wastes are pre-treated to specified treatment requirements before the wastes can be land disposed. Waste generators are responsible for determining whether Ontario’s LDR requirements apply to their waste stream, and for notifying the receiver about the nature of the waste and the treatment standards that must be met.

Land disposal treatment requirements apply to all listed wastes and characteristic wastes that will be land disposed. Restrictions apply to waste that are subject to LDR requirements with respect to mixing, blending and bulking of the waste and other waste processing activities conducted on-site. Waste cannot be diluted in order to avoid meeting the required treatment. Generators that process LDR waste on-site are also required to develop and maintain a waste analysis plan, and maintain records for at least two (2) years.

As indicated in Table 2 - Options for managing hazardous waste and associated regulatory requirements, certain waste management activities, such as waste sent to a facility on the Tonnage Fee Exempt Recycling Facilities Directory, are not considered to be land disposal. Generators whose waste is not subject to LDR at the waste generation facility are not required to complete the LDR notification form and do not need to comply with LDR notification requirements. Although some wastes may not be subject to LDR requirements at the original waste generation facility, wastes that are generated through processing (i.e., at a facility on the Tonnage Fee Exempt Recycling Facilities Directory) must be characterized, and the processed waste may be subject to LDR requirements at the new point of generation, if the waste is to be land disposed.

10.1.2.3 Table 2: Options for managing hazardous waste and associated regulatory requirements

10.1.2.4 Waste environmental compliance approval

Section 27 of the EPA states that "no person shall use, operate, establish, alter, enlarge or extend a waste management system or a waste disposal site except under and in accordance with an environmental compliance approval". The ECAs are issued under Part II.1 of the EPA. Generators, carriers, processors and receivers of hazardous waste must operate within the parameters of their waste ECA.

Regulation 347 exempts certain activities from the requirements of Section 27 of the EPA. The Section 3 exemptions in Regulation 347 are discussed earlier in this manual. In addition, Section 17.1 of the regulation outlines the provisions with respect to activities that can be carried out at the generator’s site without an ECA.

Generators should note that this manual identifies when a waste ECA is required under the EPA. Generators should also be aware that they might need to comply with other federal, provincial and local regulations and bylaws.

10.1.3 On-site storage, processing and other waste management practices

Regulation 347 contains provisions that apply to all waste generators with respect to how the waste is managed at their site. These provisions (found in Section 17.1 and Section 17.2 of Regulation 347) relate to on-site storage, mixing and processing of waste. The on-site waste management provisions (detailed in Section 17.1 of Regulation 347) apply to both municipal waste and subject waste. The on-site storage provisions (found in Section 17.2 of Regulation 347) apply only to subject waste.

The on-site waste management practices and on-site storage provisions in Sections 17.1 and 17.2 of Regulation 347 apply to all waste generation facilities that are used mainly for activities other than waste management. Please note that there are specific cases where Sections 17.1 and 17.2 of Regulation 347 do not apply, and these are described at the end of this section.

10.1.3.1 On-site processing and other waste management practices

(In this section, the use of the term "mixing" includes mixing, bulking, blending or intermingling with any other waste or material.)

Section 17.1 of Regulation 347 applies to all waste generation facilities that handle, mix or process wastes. It identifies the conditions under which a waste ECA is not required for various types of waste management practices. Generators should note that although a waste ECA may not be required for these activities, other approval requirements (for example, for air quality, wastewater discharges) could apply. Generators should also note that Section 17.1 does not apply to a third party who may be contracted to process waste at a waste generation facility, and that in such cases an ECA may be required for mobile waste processing units.

Section 17.1 and Section 17.2 apply to waste generation facilities whose principal function is not waste management. Waste that comes to a waste generation facility from off-site generators must be both legally transported to the facility and legally received by the facility in accordance with Part V of the EPA and Regulation 347.

If the waste is generated on-site, or obtained legally from off-site generators, an ECA is not required for the on-site waste management practices described below. Waste that is obtained at a waste generation facility from off-site generators must be both legally transported to the facility and legally received by the facility in accordance with Part V of the EPA and Regulation 347. Obtaining the waste legally does not simply mean that the waste was transported by an approved carrier. The waste generation facility must also be able to receive the waste legally (for example, have an ECA for this purpose, or not be required to have an ECA to accept the waste).

10.1.3.1.1 Waste handling

No ECA is required for activities related to the production, collection, handling or storage for 24 months or less of subject waste.

10.1.3.1.2 Waste processing

No ECA is required for the processing of waste on-site, unless the processing involves any of the following:

• the combustion or land application of municipal waste, hazardous waste or LIW
• the mixing of any waste or other material with wastes that are subject to LDR treatment requirements, or
• the processing of soil, except if the processing is permitted to be carried out under Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Act

There are specific circumstances in which the processing of waste on-site may involve combustion of municipal waste, or the mixing of hazardous wastes that are subject to LDR requirements. In these circumstances, no waste ECA is required if:

• the processing of municipal waste occurs at an on-site incinerator where no hazardous waste or LIW is incinerated (this specific case is outlined in Section 28 of Regulation 347)
• the processing includes the mixing of characteristic or listed waste with other waste or material if it is part of the processing needed to meet the LDR requirements
• the processing includes the mixing of characteristic or listed waste with other waste or material if the waste is transported to a receiving facility that has an ECA that permits this practice, and the receiver has agreed to accept the processed waste

10.1.3.1.3 Waste recycling

No ECA is required for the processing of waste so that it becomes exempt from Part V of the EPA, in accordance with the requirements of paragraph 7 of subsection 3 (1) of Regulation 347.

10.1.3.1.4 Wastewater discharge

No ECA is required for wastes introduced or processed to be introduced into a sewage works or sewage system that is subject to the OWRA, or that was established before August 3, 1957, or that is regulated under Part 8 of Division B of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992.

10.1.3.1.5 Retail sale

No ECA is required for the packaging or offering of waste for retail sale, or any processing needed to package or offer the waste for retail sale, to meet a realistic market demand.

10.1.3.1.6 Waste transfer to a waste transportation vehicle

A waste generation facility does not need an ECA for the transfer of waste to a waste transportation vehicle in the following three scenarios:

• when municipal waste or subject waste that is not subject to LDR requirements is being transferred
• when hazardous waste that is subject to LDR requirements is being transferred but not mixed with any other waste or material
• when hazardous waste that is subject to LDR requirements is mixed with any other waste or material and being transferred, provided that:
  • the mixing is in accordance with the ECA for the receiving facility, and the carrier has a document from the receiver agreeing to accept the mixed waste, or
  • the mixing is in accordance with the ECA for a waste transportation system that includes the vehicle to which the waste is being transferred

10.1.3.2 On-site storage of subject waste

The requirements of Section 17.2 of Regulation 347 apply to waste generation facilities that store subject waste. A summary of these requirements is provided below. In addition to these storage requirements, the Ministry has developed guidelines, entitled "Guidelines for environmental protection measures at chemical and waste storage facilities, May 2007." The guidelines are designed for use by owners, operators and designers of chemical and waste storage facilities, as well as Ministry staff. The guidelines will help these user groups to assess the necessary environmental protection measures for chemical and waste storage areas. The guidelines are not intended to replace, but rather to supplement existing codes and regulations.

Waste generators are required to properly manage wastes at their facilities, and to ensure that the wastes are stored in an environmentally safe manner. Wastes must be stored, handled and maintained to prevent leaks or spills, or damage to or deterioration of the container in which the wastes are stored.

The first time that a subject waste is stored for more than 90 days, generators must provide a notice through the Registry that informs the Ministry about the stored waste and future plans regarding its storage and disposal. For more information about this requirement please see Section 4. Notice of on-site storage for a period of more than 90 days.

Please note that completing or updating a Notice in the Registry with the information about the stored wastes allows the generator to meet the legal obligations of Section 17.2 paragraph 7ii of Regulation 347 with respect to record-keeping so long as the information on the Registry is accessible at the site where the waste is stored.

The information that was submitted through the Registry must be updated within five business days only if there is a change in the original information submitted, or if the waste generation facility closes.

Subject waste cannot be stored for more than 24 months at a waste generation facility unless the facility has made a completed application for an ECA.

The 90-day storage period begins as soon as a subject waste is first stored at a waste generation facility. The 90-day storage period does not start when a container used to store the waste is full and ready to be shipped off-site for disposal. For waste streams that have a small quantity exemption associated with their primary characteristic, the waste is first considered to be stored when an amount equal to or greater than the SQE amount has been accumulated in a container or other means of storage. In the case of wastes for which there is no small quantity exemption, the 90-day period begins as soon as any amount of the waste is accumulated in a container or other means of storage. A brief discussion on when a waste is generated and becomes a subject waste is included in the section 2.1.3. Determining when waste is generated.

Subject waste cannot be stored for more than 24 months unless a completed application for an ECA has been made to the Ministry. Information on submitting an application can be found in the Ministry’s Guide for applying for an environmental compliance approval. The 24-month period begins when the subject waste is first stored. This provision is designed to ensure that subject waste is stored appropriately, but not indefinitely. At the same time, it ensures that wastes that are subject to LDR requirements will not be stored indefinitely as a means of avoiding appropriate treatment.

The 24-month limit on storage does not apply to a waste that is stored at a site in a manner that allows it to be emptied or removed and disposed of on a regular basis, more frequently than every 24 months (for example, waste stored in a drum that is emptied for disposal every six months on an ongoing basis). The requirement for an ECA permitting long-term storage applies to facilities where wastes have been in storage for an extended period of time (for example, a drum of waste that has been filled and stored for more than 24 months) and where no reasonable effort has been made to dispose of the waste.

10.1.4 Specific cases where section 17.1 and section 17.2 do not apply

Section 17.1 and Section 17.2 of Regulation 347 do not apply to PCB waste. Generators that handle, store or process PCB waste on-site must do so in accordance with Regulations 362, 352 and other provisions in Regulation 347. Please also note that there are federal government regulations covering PCB storage and processing that apply to these wastes.

10.1.5 Requirements for waste disposal sites and waste management systems

The following is a summary of the requirements in Section 14.0.1 and 16 (1) 5.1 of Regulation 347 that deal with the mixing of hazardous wastes for waste disposal sites and waste management systems.

Section 14.0.1 of Regulation 347 provides that hazardous waste which is managed at or transferred to a waste disposal site may only be mixed with other waste or material in accordance with the ECA for the waste disposal site. Paragraph 5.1 of subsection 16 (1) of Regulation 347 provides that hazardous waste transferred to or from, or transported in, a waste transportation vehicle may only be mixed with other waste or material if:

• the mixing is in accordance with the ECA issued for the receiving facility named in the related manifest, and the carrier has a document from the receiving facility agreeing to accept the mixed waste, or
• the mixing is in accordance with the ECA for a waste transportation system that includes the waste transportation vehicle