12. Appendices

12.1 Appendix A: Ontario waste classes

12.1.1 Inorganic wastes

12.1.2 Organic wastes

12.1.3 Other wastes

12.1.4 Examples of common waste numbers

(The combination of the 3 digit waste class and waste characterization)

Note: For other wastes, please follow the instructions in this manual.

12.2 Appendix B: Sample certificate for sealed container

Section 80(3) of Regulation 347 states that the certificate must contain the following:

• the name, address and telephone number of the generator
• a statement that, pursuant to subsection (1), sections 75, 77 and 79 do not apply to the land disposal of the sealed container, as long as:
  • the container does not appear to be broken or leaking, and
  • the seal does not appear to be broken or tampered with
• a description of the contents of the container, including:
  • a statement that all the waste in the container is hazardous industrial waste, hazardous waste chemical or characteristic waste
  • a statement that no waste in the container has been mixed, blended, bulked or in any other way intermingled with any other waste or material, and
  • a statement that the waste in the container was produced at the generator’s waste generation facility
• a statement that the waste generation facility produces a total of less than 100 kilograms of hazardous industrial waste, hazardous waste chemical and characteristic waste in any month
• a statement that the container and its seal comply with any requirements of the Manual
• a statement that the total weight of the container and its contents does not exceed 250 kilograms

The LDR Handbook contains a sample certificate available for download.

12.3 Appendix C: Ministry regional and district offices

For emergencies, please contact the Spills Action Centre at 1-800-268-6060.

Access the Ministry district locator.

Central Region

Barrie District Office
54 Cedar Pointe Dr. Unit 1201 Barrie ON L4N 5R7
Toll-free: 1-800-890-8511
Tel: 705-739-6441
Fax: 705-739-6440

Halton-Peel District Office
4145 North Service Rd Suite 300 Burlington ON L7L 6A3
Toll-free: 1-800-335-5906
Tel: 905-319-3847
Fax: 905-319-9902

Toronto District Office
5775 Yonge St., 9th floor
Toronto ON M2M 4J1
Tel: 416-326-6700
Fax: 416-325-6346

York Durham District Office
230 Westney Rd. S., 5th floor Ajax ON L1S 7J5
Toll-free: 1-800-376-4547
Tel: 905-427-5600
Fax: 905-427-5602

West Central Region

Guelph District Office
1 Stone Road W. Guelph ON N1G 4Y2
Toll-free: 1-800-265-8658
Tel: 519-826-4255
Fax: 519-826-4286

Hamilton District Office
119 King St. W, 9th floor Hamilton ON L8P 4Y7
Toll-free: 1-800-668-4557
Tel: 905-521-7650
Fax: 905-521-7806

Niagara District Office
301 St. Paul St., 9^th floor St. Catharines ON L2R 3M8
Toll-free: 1-800-263-1035
Tel: 905-704-3900
Fax: 905-704-4015

Southwest Region

London District Office
733 Exeter Road London ON N6E 1L3
Toll-free: 1-800-265-7672
Tel: 519-873-5000
Fax: 519-873-5020

Owen Sound District Office
101 17th Street E. Owen Sound ON N4K 0A5
Toll-free: 1-800-265-3783
Tel: 519-371-2901
Fax: 519-371-2905

Sarnia District Office
1094 London Road Sarnia ON N7S 1P1
Toll-free: 1-800-387-7784
Tel: 519-336-4030
Fax: 519-336-4280

Windsor Area Office
4510 Rhodes Drive Unit 620 Windsor ON N8W 5K5
Toll-free: 1-800-387-8826
Tel: 519-948-1464
Fax: 519-948-2396

Eastern Region

Kingston District Office
Unit 3, 1259 Gardiners Rd, Kingston, ON K7P 3J6
Toll-free: 1-800-267-0974
Tel: 613-549-4000
Fax: 613-548-6908

Belleville Area Office
345 College St. E. Belleville ON K8N 5S7
Toll free from area code 613: 1-800-860-2763
Tel: 613-962-9208
Fax: 613-962-6809

Ottawa District Office
103-2430 Don Reid Drive Ottawa ON K1H 1E1
Toll-free: 1-800-860-2195
Tel: 613-521-3450
Fax: 613-521-5437

Cornwall Area Office
113 Amelia St. Cornwall ON K6H 3P1
Toll free number for area code 613: 1-800-860-2760
Tel: 613-933-7402
Fax: 613-933-6402

Peterborough District Office
300 Water Street, Robinson Place Peterborough ON K9J 8M5
Toll free from area codes 613/705/905: 1-800-558-0595
Tel: 705-755-4300
Fax: 705-755-4321

Northern Region

Sudbury District Office
199 Larch St. Suite 1201 Sudbury ON P3E 5P9
Toll free from area codes 705/807: 1-800-890-8516
Tel: 705-564-3237
Fax: 705-564-4180

Sault Ste Marie Area Office
110-70 Foster Dr. Sault Ste. Marie ON P6A 6V4
Tel: 705-942-6354
Fax: 705-942-6327

Thunder Bay District Office
435 James St. S. Suite 331, 3rd floor Thunder Bay ON P7E 6S7
Toll free from area codes 705/807: 1-800-875-7772
Tel: 807-475-1205
Fax: 807-475-1754

Kenora Area Office
808 Robertson St., P.O. Box 5150 Kenora ON P9N 3X9
Toll free from area code 807: 1-888-367-7622
Tel: 807-468-2718
Fax: 807-468-2735

Timmins District Office
Ontario Gov’t Complex 5520 — Hwy 101 East
P.O. Bag 3080 South Porcupine ON P0N 1H0
Toll free in area codes 705/807: 1-800-380-6615
Tel: 705-235-1500
Fax: 705-235-1520

North Bay Area Office
191 Booth Road Units 16 & 17 North Bay ON P1A 4K3
Toll-free: 1-800-609-5553
Tel: 705-497-6865
Fax: 705-497-6866

12.4 Appendix D: Questions and answers

12.4.1 General questions — Regulation 347 and generator registration

12.4.1.1 Question 1

What do I need to do to meet the LDR requirements for my waste and how do the requirements affect approved waste transfer and processing facilities?

12.4.1.2 Answer

You need to either treat the wastes on site (this may require an ECA) to meet land disposal treatment requirements or arrange for the wastes to be treated by an approved waste management facility. You must complete the LDR notification form to reflect LDR requirements and the treatment status of your waste. You must also provide notification to the waste receiver either before or at the time of the delivery of the first shipment of waste.

Due to the restrictions on mixing, blending, bulking or other intermingling of hazardous waste with other waste or material, waste management facilities that conduct these activities (for example, processing that is not dilution) need to ensure that they are approved for these activities on their waste ECA. These facilities also need to provide guidance to waste generation facilities that are planning to mix LDR wastes on-site, to ensure that they do so in accordance with the waste receiver’s ECA.

All waste management facilities that receive and transfer or process LDR wastes also have additional administrative requirements. For example, waste receiving facilities must receive LDR notification forms before they accept LDR wastes for handling. Moreover, the generator registration and LDR notification requirements must be complied with for all LDR wastes that are shipped from a facility for subsequent management. The regulation also requires processors of LDR wastes to maintain a waste analysis plan.

In addition, the regulation may make it desirable to build new treatment facilities or to expand existing facilities. In both cases, new approvals or amendments to existing approvals will be required.

12.4.1.3 Question 2

Are lab packs subject to LDR requirements?

12.4.1.4 Answer

Lab packs that come from small quantity generators that meet the requirements of S. 80 of Regulation 347 (SQG exemption) are not subject to land disposal treatment requirements. Since the SQG exemption from the land disposal treatment requirements does not apply to acute hazardous waste chemicals or severely toxic wastes, these wastes cannot be included in the container and must be dealt with separately.

Generators that have wastes that are subject to land disposal treatment requirements but do not meet the requirements for SQGs, or that have acute hazardous waste chemicals or severely toxic wastes, can still package their wastes as lab packs. However, these lab- packed wastes are subject to all land disposal treatment requirements, including reporting of the hazardous waste number for each waste in the lab pack in the LDR notification form.

12.4.1.5 Question 3

How is the management and subsequent registration of waste derived from the management of "lab packs" at a waste management facility with a waste ECA affected by the "mixture" and "derived-from" rules?

12.4.1.6 Answer

In situations where a number of different wastes are being managed, it is often useful from an administrative standpoint to assume the worst likely hazardous waste characterization for all the wastes, and to manage a number of wastes as a single load. This situation arises frequently in laboratories during inventory clean-up, and lab packs are often used in this scenario. Lab packs involve the packing of individual wastes in their own separate containers that are put in a single larger container, and then managing the whole load using either the waste class of 148 (inorganic wastes) or 263 (organic wastes). The use of "lab packs" is not limited to laboratories.

When registering and shipping lab packs, the waste characterization chosen should represent the "worst" type of waste that is included in the lab pack (i.e., the first waste characterization identified when following the Waste Characterization flowchart). For example, a lab pack may contain individual containers of hazardous wastes with waste characterizations of I, B, C, T, and A. In this case, the lab packed waste would be registered with a waste characterization of "A" since this is the first waste characterization identified in the flowchart.

Lab packs received by a waste management facility may simply be transferred and shipped out in the same containers in which they arrived. In such situations, the outgoing lab pack should retain its original waste class and characterization.

The ECA of a waste management facility may allow lab packs to be emptied and the individual waste containers from inside the lab pack to be sorted according to their characterization. Contents from these individual containers could then be poured into larger storage containers for bulking purposes — for example, by pouring the contents of small containers of "I" wastes into a larger storage container that also contains "I" wastes. With this type of mixing, the contents of the larger storage container maintain an "I" characterization, despite the fact that the smaller containers of "I" waste originally came from a lab pack that had an "A" characterization.

Wastes that are packaged in a sealed container in accordance with the SQG provisions of the LDR program may also be lab packed. However, it should be noted that sealed containers from SQG that are to be land disposed cannot contain wastes with the characterizations "A" or "S." In addition, liquids should not be included in sealed SQG containers that are being sent for land disposal. Generators, therefore, should segregate wastes that will be packaged in a sealed container for land disposal from wastes that are being managed in another way through a lab pack.

When handling sealed containers that are to be land disposed, waste management facilities should ensure that the containers are not registered with the waste characterizations "A" or "S," since these wastes may not be included in sealed containers under the provisions of Section 80 of Regulation 347. Wastes that are received in sealed containers from SQGs and are subsequently unpacked at a waste management facility no longer meet the SQG provisions of the LDR program. Accordingly, these wastes become subject to the LDR program’s provisions when they are being land disposed.

12.4.1.7 Question 4

When am I required to register my waste — when it is initially generated, or before it is transferred? Do I need to register if I don’t ship any waste off-site during a calendar year?

12.4.1.8 Answer

The requirement to register waste generated at a waste generation facility applies both prior to the waste’s transfer and, when the waste is produced on an on-going basis. When a waste is first generated, it must be registered before it is transferred. If the transfer does not take place immediately, the waste must be registered before the passing of 90 days after it has been produced, collected, handled or stored. If a waste is produced, collected, handled or stored, but not transferred from the waste generation facility (i.e., because it is being managed on-site) it must also be registered.

Please note that if the waste is temporarily stored, the 90 day reporting requirement applies (see subsection 17.2 of Regulation 347).

12.4.1.9 Question 5

I am currently registered for a hazardous waste with a leachate toxic (T) characterization. Upon analyzing a sample using the TCLP, I’ve determined that the waste is not hazardous. Can I remove the waste from my generator registration document?

12.4.1.10  Answer

Information posted on the generator registration document on the Registry should reflect the information you submitted on the GRR. It is your responsibility to correct the information on your generator registration document whenever it is no longer accurate. You can submit a supplemental Generator Registration Report at any time identifying that you no longer generate a particular subject waste, but it must be submitted within 15 days of a change from the information submitted.

12.4.1.11 Question 6

I have always managed my used oil as a liquid industrial waste (L) is this correct?

12.4.1.12 Answer

As the waste generator, you are responsible for ensuring that the liquid industrial waste is actually non- hazardous. Liquid wastes, such as waste oil, may exhibit various hazardous characterizations, including leachate toxicity (T), since the TCLP applies to both liquid and solid wastes. For liquids with less than 0.5 per cent filterable solids, the liquid is considered the TCLP extract. If a liquid tests hazardous under the TCLP and is not otherwise exempt from generator registration requirements, it is hazardous waste.

12.4.1.13 Question 7

I generate hazardous waste but do not use manifests. I dispose of the waste on-site. Do I need to register?

12.4.1.14 Answer

Yes. All generators of subject waste, including those that manage the waste through on-site disposal, must register. You are required to estimate the quantity of subject waste you expect to generate over a period of time up to a year when you complete the generator registration process, and will be expected to report the actual quantity disposed on-site at the end of that period. You must also keep records for at least two (2) years of the quantity, waste number and method of disposal used for each subject waste that you dispose of on-site.

12.4.1.15 Question 8

If I store my waste on-site, when do I need to have an ECA in order to continue storing this waste? How do I apply for an ECA for on-site storage?

12.4.1.16 Answer

An ECA is required for on-site storage of a subject waste for a period longer than 24 months. To apply for an ECA, please visit the Ministry Environmental Permissions webpage or contact your local Ministry district office.

12.4.2 Registration of wastes affected by the LDR pogram

12.4.2.1 Question 9

LDR would apply to my waste if I disposed of it in Ontario, but it is being sent out of province for disposal. How do I register this waste?

12.4.2.2 Answer

If you are shipping listed waste or characteristic waste out of the province, you must meet LDR requirements. You must complete the LDR portion of generator registration and LDR notification form, unless the waste is destined for processing exclusively at a facility on the Tonnage Fee Exempt Recycling Facilities Directory. This requirement ensures that information about the waste is transferred to the receiver of the waste in the event that the waste does not end up going to the intended out-of-province receiver and could thus wind up being managed or disposed of in an Ontario facility.

12.4.2.3 Question 10

How do I determine if my current knowledge of my waste is sufficient for LDR waste characterization purposes and generator registration, or whether I should perform additional analysis?

12.4.2.4 Answer

Generators are responsible for properly characterizing the wastes that they generate. If you generate a listed waste through a process that is similar to that described in the listing, or if you generate hazardous waste chemicals, additional analysis is probably not needed to characterize the waste and identify the required treatment. If you do not have enough analytical data on the presence and concentration of regulated constituents in the waste, you can either perform analytical testing or identify that all regulated constituents need to be addressed. If there is a difference between your process and the process identified in the appropriate listing for your waste, you should determine whether your waste exhibits any additional hazardous characteristics that would not have been present in the waste described in the listing.

If you generate a characteristic waste and the treatment standard indicates that Schedule 6 standards must be met, you should conduct additional analysis to identify the concentration of any additional regulated constituents listed in Schedule 6 that might be present at or above the treatment standards, based on the nature of the waste and the waste generation process.

12.4.2.5 Question 11

How do I determine if the LDR notification requirements apply to my waste?

12.4.2.6 Answer

If you generate a listed waste or a characteristic waste, LDR requirements may apply. If you will be shipping subject waste off-site, the questionnaire provided in Appendix F: Declaration of wastes subject to land disposal restrictions should be completed to identify whether registration as an LDR waste is required. If you are uncertain how the waste will be managed once it is shipped off-site, you must complete the LDR notification form and notify the receiver of the waste of the information contained in the form.

If you change from on-site to off-site treatment or vice versa, or the degree of on-site treatment has changed (for example, from partial treatment to full treatment) you must update the LDR notification form to reflect this change. If you ship the waste off-site for treatment and the receiver changes, the GRR does not need to be updated, but you need to send the LDR notification form to the new receiver.

There are cases where registration of your waste as an LDR waste is not required; however, in such cases, other LDR requirements may apply. If you treat characteristic waste on-site to meet LDR standards, or if you meet SQG provisions (for example, sealed container requirements in Section 80 of Regulation 347) and the waste will be land disposed, you should refer to section 9. Land disposal restrictions to identify your LDR program requirements.

12.4.2.7 Question 12

I treat characteristic waste on-site to remove the hazardous characteristic prior to land disposal. My treated waste contains regulated constituents from Schedule 6 that I will not be treating. When is this waste considered to be a subject waste, and what are my registration, manifesting and LDR requirements?

12.4.2.8 Answer

A characteristic waste that has been treated in accordance with the LDR requirements, but contains regulated constituents that do not meet the Schedule 6 standards is subject waste. Registration and manifesting of the treated waste is required.

All generators that treat characteristic wastes that will be land disposed require a waste analysis plan.

Notification to the receiver must also be provided for treated wastes.

12.4.2.9 Question 13

What is the difference between the small quantity exemptions that are part of the hazardous waste and liquid industrial waste definitions and the small quantity generator provisions that are part of the LDR program requirements?

12.4.2.10 Answer

For many of the different types of hazardous waste (hazardous industrial waste, ignitable waste, corrosive waste, etc.), the province provides a small quantity exemption (SQE) that is identified in the definition of hazardous waste in Section 1 of Regulation 347 (please see section 2.3. Overview of waste streams requiring generator registration). The SQE amounts are not hazardous wastes or liquid industrial wastes, but are still wastes and can be transported and properly disposed of without having to register these wastes. However, the small quantity exemptions are only valid if you generate less than the quantity specified in a one-month period, or if you never accumulate an amount that is equal to or more than the SQE amount on the site at any one time.

By contrast, the small quantity generator (SQG) provisions under the Land Disposal Restrictions (LDR) program are available to generators that produce a total of less than 100 kg of hazardous industrial waste (H), hazardous waste chemical (B) and characteristic waste (I, C, R, or T) in any month and transport these wastes in sealed containers to be land disposed. These wastes are exempt from meeting the land disposal treatment requirements if the generator follows the container and labelling requirements identified in Section 80 of Regulation 347 (please see section 9.5.1 Waste from a small quantity generator (SQG)). Please note, however, that the SQG provisions cannot be used for hazardous waste that is acute hazardous waste chemical or severely toxic waste.

12.4.2.11 Question 14

Is a new waste generated after mixing or processing more than one hazardous waste?

12.4.2.12 Answer

12.4.2.12.1 Mixed wastes

If a hazardous waste is mixed with any other waste or material, the mixed waste retains the characterizations of all the wastes in the mixture. If, for example, an LDR waste has been mixed under the terms of an ECA, all hazardous waste numbers and all regulated constituents that are present in each of the individual wastes that went into the mixed waste must be reported in the LDR Notification Form for both listed wastes and characteristic wastes. For LDR wastes, it is therefore very important that the individual wastes be characterized at the original point of generation, prior to any mixing.

When registering wastes that have been mixed, the most appropriate waste class should be chosen when the mixed waste is being registered. Generally, this will be the waste class that best represents the bulk of the mixed waste stream (see section 2.7. Determining the appropriate waste class for the generator’s waste stream on choosing waste classes). The primary characterization of the mixed waste is the first characterization you encounter that applies to the wastes in your mixture when you follow Figure 3: Waste characterization flowchart.

12.4.2.12.2 Processed wastes

For processed wastes that are listed wastes, the treated waste and treatment residual always retain the characterizations of the wastes that entered the treatment process along with their associated hazardous waste numbers, unless a valid ECA specifies otherwise.

There are only two cases where treated waste or treatment residuals are considered to be a new point of generation that requires a new waste characterization after processing, and both of these cases are only for characteristic wastes. If the treated waste or residual is subject waste, it retains the initial waste characterization, unless a new characteristic (i.e., C, I, R or T) is created by the processing or there is a change in the treatability group. Treatability groups are aqueous wastes, non-aqueous wastes, and soils or debris, for which different treatment standards apply.

If there is a change in treatability group after the processing of a characteristic waste, the processed waste or residual is considered to be a new point of generation, and the newly generated waste must be characterized. In addition, if a new characteristic (i.e., C, I, R or T) is created through the processing of a characteristic waste, the processed waste or residual waste is considered to be a new point of generation and must be characterized at that point.

It should be noted that Regulation 347 contains a specific provision for treated characteristic wastes where a regulated constituent becomes concentrated above the standard by the required treatment. In such cases, if a regulated constituent in the treated waste increases, further treatment is not required — provided that the concentration of the regulated constituent was below the numerical treatment standard before treatment (see subsection 79 (3) of Regulation 347 for details on this provision).

In the two cases for characteristic wastes identified above (i.e., a change in treatability group or a new characteristic as a result of processing), the characterization of each of the wastes that entered the treatment process is not carried through when the newly generated waste is being registered. For example, if an aqueous waste that is characteristic waste is treated and the residual is a non-aqueous waste (i.e., a new treatability group), it is considered to be a new point of generation, and the non-aqueous waste generated by the treatment process needs to be characterized. The non-aqueous waste needs to be registered and treated, if required, in accordance with the new characterization. The characterization of the aqueous waste that entered the treatment process is not carried through when registering the non- aqueous waste generated from the treatment.

12.4.2.13  Question 15

How do you characterize residues that are generated at waste management facilities that are not considered land disposal (for example, OWRA facilities, facilities on the Tonnage Fee Exempt Recycling Facilities Directory, incineration facilities, waste-derived fuel sites)?

12.4.2.14 Answer

In Ontario, the management of wastes at certain facilities is not considered land disposal (for example, OWRA facilities, facilities on the Tonnage Fee Exempt Recycling Facilities Directory, incineration facilities, waste-derived fuel sites) and for the purpose of the LDR program are considered to be a new point of generation for the residues. All the hazardous waste numbers of the wastes that enter these facilities are not carried through to the residues for LDR purposes since the original waste generators were not required to provide this information to the facilities (provided that the wastes were not processed before being received at these sites).

The residues from these facilities need to be characterized at the new point of generation and must meet the requirements of Regulation 347, including registering and meeting applicable treatment requirements for the newly characterized residues. If the wastes that are going for final disposal (i.e., incineration facility or waste derived fuel site) are a listed waste, then the waste residues remain a hazardous waste because of the derived-from rule and if land disposed, must be treated to meet the land disposal treatment requirements based on the hazardous waste characteristic exhibited by the residues and disposed of at a hazardous waste facility.

12.4.3 LDR-specific questions

12.4.3.1 Question 16

How does the LDR program affect my contaminated site remediation?

12.4.3.2 Answer

Ontario has put in place various Acts, regulations and guidelines governing site remediation activities. The implementation of the LDR program does not change existing site remediation requirements. However, hazardous wastes that are generated from site remediation activities and are to be land disposed may be subject to the LDR requirements.

Land disposal treatment requirements do not apply to in-situ soils or for the excavation of contaminated soils. Existing provisions regarding on-site remedial activities remain in effect. Land disposal treatment requirements only apply once a decision is made to remove the soils from the remediation site, and if the soils are characterized as hazardous waste and are to be land disposed. Land disposal of soils that have been excavated from a site may include waste soils sent off-site to be land disposed or soils that will be permanently disposed at another on-site location unrelated to the area of the site remediation (for example, on-site landfill).

If the waste generated through site remediation activities meets the definitions of soil, soil mixture, debris or debris mixture, then alternate treatment standards available under the LDR program may apply to the waste.

12.4.3.3 Question 18

Do Land Disposal Restrictions apply to a one-time accidental spill of hazardous waste?

12.4.3.4 Answer

Yes. If the waste is hazardous (either listed or characteristic) and will be land disposed, the land disposal treatment requirements and all other LDR requirements apply.

LDR requirements include notification to the receiver of information about the waste before or at the time the waste is received at the receiving facility. The Ministry recognizes that meeting LDR notification requirements may not be feasible in the immediate response to a spill, particularly with respect to a comprehensive characterization of the waste and treatment that may be required. However, once the immediate threat from the spill has been addressed, the generator is responsible for the waste’s characterization, and for providing the LDR notification to the receiver of the waste.

If the waste generated through a one-time accidental spill meets the definition of soil or soil mixture, alternate treatment standards available under the LDR program may apply.

12.4.3.5 Question 18

Who is required to have a written plan (i.e., waste analysis plan), and does this include generators who treat their waste on-site?

12.4.3.6 Answer

Anyone who processes LDR wastes must have a waste analysis plan. This includes:

• generators that treat LDR wastes on-site at the original waste generation facility
• waste management companies that treat LDR waste off-site
• facilities that conduct partial treatment of LDR waste
• facilities that conduct full treatment of LDR waste
• processors that treat characteristic waste to meet the land disposal treatment requirement for disposal at a non-hazardous waste facility, even if no subject waste is subsequently sent off-site for disposal

12.4.3.7 Question 19

I operate a non-hazardous waste landfill and receive notifications from generators that treat characteristic waste to meet LDR requirements. What are my record-keeping requirements with respect to notifications received for these wastes?

12.4.3.8 Answer

The LDR program does not specify record-keeping requirements for the final disposal facilities that receive LDR wastes. You should therefore maintain such records in the same manner as the other records you maintain with respect to the waste, as required by regulation and/or through your ECA.

12.4.3.9 Question 20

I process characteristic waste on-site to remove the characteristic before the waste is land disposed. What are my requirements and how do I need to deal with the regulated constituents in Schedule 6?

12.4.3.10 Answer

All regulated constituents in Schedule 6 must be treated to meet the land disposal treatment requirements.

Before implementation of the LDR program, characteristic wastes required treatment only if disposal was at a non-hazardous waste landfill. Now, the land disposal treatment requirements for a characteristic waste must be met prior to land disposal, even if the waste will be sent for disposal at a hazardous waste landfill.

Please see Question 21 for more information on the registration requirements for characteristic waste that are processed on-site.

Any facility that processes a characteristic waste on-site is required to have a waste analysis plan. Moreover, LDR notification requirements apply to any treated or untreated characteristic waste that is shipped off-site for land disposal, whether the waste is disposed at a non-hazardous waste or hazardous waste facility.

12.4.3.11 Question 21

Do I need to register if I process characteristic waste on-site?

12.4.3.12 Answer

If the de-characterized waste or residual will not be land disposed, there are no requirements for registration. If the de-characterized waste or residual will be land disposed, you may be required to register. The table below summarizes the registration requirements for generators that de-characterize their waste on-site.

12.4.3.13 Question 22

I send my hazardous waste for incineration. Do LDR program requirements apply to this waste?

12.4.3.14 Answer

In Ontario, incineration is considered to be final disposal. Therefore, LDR reporting and notification requirements do not apply to the hazardous waste at the point of generation (i.e., the waste generation facility) provided that the waste will be wholly managed through incineration and the waste is not processed at another facility prior to being incinerated. If any processing of the waste takes place prior to its arrival at the incineration facility, the original waste generator must comply with all LDR requirements, including registration and notification requirements. Following incineration, the incineration facility must characterize the residue and determine whether LDR requirements apply, as the incineration facility is considered a new point of generation.

12.4.3.15 Question 23

How does the LDR program affect waste that is disposed of at a landfarm?

12.4.3.16 Answer

While the LDR program does not prohibit the use of landfarms, it does require that hazardous wastes applied to the land at these facilities meet the land disposal treatment requirements. Liquid industrial wastes are not affected by the LDR program. Hazardous wastes that meet the land disposal treatment requirements can be applied to the land in accordance with the landfarm ECA.

12.4.3.17 Question 24

I have a leachate toxic waste with a hazardous waste number in the E100-series. This waste has a treatment requirement that indicates "best efforts to achieve (removal of the characteristic)." What happens if I can’t remove the characteristic?

12.4.3.18 Answer

If the characteristic of an E100-series waste cannot be removed, the waste may be land disposed, but the disposal must be at a hazardous waste landfill. When completing the LDR notification form, the processor must indicate that although the characteristic waste meets the treatment requirement (since best efforts were made), it must be disposed at a hazardous waste facility because the characteristic that makes the waste hazardous has not been removed.

12.4.3.19 Question 25

I have a soil that is leachate toxic with a hazardous waste number in the E100-series (for example, E- 115, malathion). There is no standard in the UTS table (Schedule 6) for the constituent that makes the waste leachate toxic (for example, malathion). What is the alternate treatment standard for this soil?

12.4.3.20 Answer

If any other regulated constituents are present in the soil at more than 10 times the value listed in Schedule 6, those regulated constituents must be treated to meet the alternate treatment standards. Since the contaminant that caused the waste to be leachate toxic is not listed in Schedule 6, treatment for this constituent (for example, malathion) is not required for the waste to be land disposed, although the waste must be disposed in a hazardous waste landfill. If the contaminant that caused the waste to be leachate toxic (for example, malathion) is treated so that the waste is no longer leachate toxic, and any other regulated constituent is also treated accordingly, the soil may be disposed in a non-hazardous waste landfill.

12.5 Appendix E: Generator registration and land disposal restrictions reporting

12.5.1 Generator registration

Generators of waste streams that are subject to the land disposal restrictions (LDR) program are required to provide additional information during registration. Generators may need to conduct additional assessments for subject wastes potentially affected by the LDR requirements, to identify the presence of regulated constituents that may need treatment before land disposal.

With the implementation of the land disposal treatment requirements, it is mandatory for generators to provide additional information about the types of hazardous waste streams being registered. This provision includes generators that have treated characteristic wastes that no longer meet the definition of hazardous waste but are subject waste because the wastes do not meet the land disposal treatment requirements (see the Treatment requirements for characteristic wastes section of this manual for information on characteristic wastes affected by the Schedule 6 treatment standards).

All listed and characteristic wastes have to meet the applicable land disposal treatment requirements identified in Schedules 1 through 3, and Schedule 5, before these wastes are land disposed. All generators of listed and characteristic wastes that will be shipped off-site, including treated characteristic wastes with regulated constituents that do not meet the Schedule 6 treatment standards, must determine for each waste stream being registered, whether the LDR Notification Form needs to be completed. Completion of the questionnaire (if required) will indicate to the generator whether additional information about the waste stream needs to be provided during registration.

Please see section 3.1.2. Waste identification and section 3.1.7. Land disposal restrictions notification form for details about the information that is needed in the GRR.

12.6 Appendix F: Declaration of wastes subject to land disposal restrictions

The waste identification section of the GRR includes a series of questions that when answered, will help you determine if you are required to fill out the LDR Notification Form (see Figure 7: Declaration of waste streams subject to land disposal restrictions for a flowchart format).

• Does your waste stream require LDR treatment and you would like to go directly to the LDR requirements?
  • A generator may know that the LDR Notification Form needs to be filled out for the waste stream being registered and wishes to go directly to the LDR Notification Form without completing the questionnaire.
  • If the answer to this question is Yes, the generator goes directly to the LDR Notification Form to complete it. If the answer is No, proceed to the next question.
• Is the primary characterization of this waste stream liquid industrial (L), PCB (D) or pathological (P)?
  • The LDR Notification Form of the GRR must be completed only for listed or characteristic hazardous waste, including waste that has been treated so that it is no longer hazardous. Liquid industrial (L), PCB (D) or pathological (P) wastes are not subject to LDR requirements.
  • If the answer to this question is Yes, The LDR Notification Form is not required for this waste stream. If the answer is No, proceed to the next question.
• Is this waste stream being shipped out of Ontario to any facility not listed in the Tonnage Fee Exempt Recycling Facilities Directory?
  • LDR information must be provided for all listed and characteristic hazardous wastes even if they will be shipped out of Ontario for treatment or disposal.
  • If the answer to this question is Yes, the LDR Notification Form must be completed for this waste stream. If the answer is No, proceed to the next question.
• Are you unsure of any applicable exemptions or where your waste stream will be managed?
  • If a generator is unaware of any applicable exemptions that may remove the need to complete the LDR Notification Form or where and how the waste is to be managed (e.g. whether it is to be land disposed), the LDR Notification Form needs to be completed.
  • If the answer to this question is Yes, the generator goes directly to the LDR Notification Form to complete it. If the answer is No, proceed to the next question.
• Is the primary characterization of your waste acute hazardous waste chemical (A) or severely toxic waste (S)?
  • If the answer is Yes, proceed to the next question as there is no exemption from LDR treatment standards for generators of small quantities of this waste stream.
  • If the answer is No, you must answer the second part of the question: does your facility qualify as a small quantity generator under S. 80?
  • In order to qualify as a small quantity generator, the sum of all hazardous wastes with primary characterizations B, H, C, I, R, and T generated at your facility must be less than 100 kg/month and all conditions of Section 80 and the manual with respect to the disposal of SQG waste must be met (see section 9.5.1. Wastes from a small quantity generator (SQG)).
  • If the answer to this question is Yes, you must provide an estimate of the total quantity of B, H, C, I, R & T hazardous wastes generated per month. The LDR Notification Form is not required for this waste stream.
  • If the answer is No, proceed to the next question.
• Is this waste stream Municipal Hazardous or Special Waste that is exempt under Section 81 of Regulation 347 or waste received at your transfer station that is a small quantity generator (SQG) waste in a sealed container that is exempt under Section 80 of Regulation 347?
  • This question is for MHSW depots and receiving facilities that may accept and transfer wastes that are exempt under Sections 80 and 81 of Regulation 347. In order for these wastes to remain exempt, the requirements of Sections 80 or 81 must continue to be met (see section 9.5.1. Wastes from a small quantity generator (SQG) and section 9.5.2. Wastes from municipal hazardous or special waste (MHSW) depots). Most generators are not receiving facilities and will answer No to this question.
  • If the answer is Yes because the waste stream is MHSW that meets the S. 81 requirements, you must enter the ECA number of the MHSW depot that generated the waste. The LDR notification Form is not required for this waste stream.
  • If the answer is Yes because the waste stream is SQG waste that meets the Section 80 requirements, no additional information is required. The LDR notification Form is not required for this waste stream.
  • If the answer is No, proceed to the next question. The waste stream does not meet the requirements of either Sections 80 or 81.
• Will this waste stream be managed at a facility listed on the Tonnage Fee Exempt Recycling Facilities Directory without being processed at another off-site facility prior to receipt at the facility? (Note that you may answer "Yes" if the waste will be bulked with like wastes, but you must answer "No" if any processing of the waste will occur).
  • The LDR Notification Form is required only if the waste will be processed at an intermediate facility prior to receipt at the facility. The waste may be shipped via a transfer station where the waste may be bulked with other like wastes, but the waste must not be processed or mixed with any other waste or material at a transfer station prior to receipt at the facility on the Tonnage Fee Exempt Recycling Facilities Directory, unless the mixing is conducted in accordance with an ECA and the mixed waste will be wholly managed at the facility on the Tonnage Fee Exempt Recycling Facilities Directory.
  • If the answer to this question is Yes, you must provide the ECA number for the facility on the Tonnage Fee Exempt Recycling Facilities Directory that will receive the waste. The LDR Notification Form is not required for this waste stream.
  • If the answer to this question is No, proceed to the next question.
• Will this waste stream be managed at any of the following facilities in Ontario without being processed at another off-site facility prior to receipt at the facility listed below? (Note that you may answer "Yes" if the waste will be bulked with like wastes, but you must answer "No" if any processing of the waste will occur):
  • OWRA facility
    Incineration facility
    Waste-derived fuel site
  • The LDR Notification Form is required ONLY if the waste will be processed at an intermediate facility prior to receipt at one of the facilities listed above. The waste may be shipped via a transfer station where the waste may be bulked with other like wastes, but the waste must not be processed or mixed with any other waste or material at a transfer station prior to receipt at one of the facilities listed above, unless the mixing is conducted in accordance with an ECA and the mixed waste will be wholly managed at the identified receiving facility.
  • If the answer to this question is Yes, you must provide the ECA number for the facility that will manage the waste. The LDR Notification Form is not required for this waste stream.
  • If your waste will not be managed at any of these facilities, or it will be partially managed at one or more of these facilities, the answer to this question is No, and the LDR Notification Form must be completed for this waste stream.

Your generator registration will not be complete until the LDR Notification Form has been completed for all listed and characteristic waste streams, including characteristic wastes that have been treated to meet LDR standards, unless your answers to the questions above indicate that the form is not required.

Any transfer station or processing facility that receives wastes destined for a facility listed on the Tonnage Fee Exempt Recycling Facilities Directory, OWRA, waste-derived fuel or incineration facility also needs to make the declaration above when completing their GRR with respect to the intended destination for their waste.