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B.C. Reg. 63/88
O.C. 268/88
Deposited February 18, 1988
effective April 1, 1988

Environmental Management Act

Hazardous Waste Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 63/2009, April 1, 2009]

Part 1 — Interpretation and Application

Interpretation

1  (1) In this regulation:

"100 year flood" means a flood of such a magnitude that the chance of it being equalled or exceeded in any given year is one in one hundred;

"200 year flood" means a flood of such magnitude that the chance of it being equalled or exceeded in any given year is one in two hundred;

"200 year floodplain" means land where the chance of a flood occurring in any given year is at least one in two hundred;

"Act" means the Environmental Management Act;

"aquifer" includes any soil or rock formation that has sufficient porosity and water yielding ability to permit the extraction or injection of water at reasonably useful rates;

"authorized consignee" means a consignee who has

(a) a registered site number and an operational plan approved by a director, or

(b) a written authorization from a director to accept hazardous waste;

"biomedical waste" means waste generated by

(a) human or animal health care facilities,

(b) medical or veterinary research and teaching establishments,

(c) health care teaching establishments,

(d) clinical testing or research laboratories, and

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

and includes

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

(g) animal waste, including

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

(ii)   animal blood and blood products, consisting of

(A)  animal fluid blood and blood products,

(B)  items saturated or dripping with animal blood,

(C)  body fluids contaminated with animal blood, and

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

(h) microbiology laboratory waste consisting of

(i)   laboratory cultures,

(ii)   stocks of specimens of micro-organisms,

(iii)   live or attenuated vaccines,

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

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

(i) human blood and blood products, consisting of

(i)   human fluid blood and blood products,

(ii)   items saturated or dripping with human blood,

(iii)   body fluids contaminated with human blood, and

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

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

but does not include

(k) waste from animal husbandry,

(l) household waste,

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

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

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

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

(q) human teeth, hair or nails,

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

(s) human urine or feces;

"buffer zone" means land used to separate a facility from other land;

"bulk load" means a shipment in which 2 or more individual hazardous waste consignments are carried together within a larger container;

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

"cell" means a compartment within a landfill;

"chlorobiphenyls" means the chlorobiphenyls that have the molecular formula C12H10-nCln in which "n" is greater than 2;

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

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

(a) produces or stores hazardous waste, and

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

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

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

"dioxin TEQ" means the dioxin toxicity equivalent value which is determined by adding the products of the measured concentrations of each dioxin and furan congener listed in Column 1 of Schedule 1 multiplied by the toxicity equivalency factor (TEF) listed opposite in Column 2, as measured by test methods approved by a director;

"displacement" means the relative movement of any 2 sides of a fault measured in any direction;

"disposal" means the introduction of waste into the environment through any discharge, deposit, emission or release to any land, water or air by means of facilities designed, constructed and operated so as to minimize the effect on the environment;

"disposal in a secure building" means the storage of hazardous waste that is intended to be permanent in an above ground secure building;

"facility" means any works that are designed to or do handle, store, treat, destroy or dispose of hazardous waste, and includes recycle facilities, storage facilities, treatment facilities, incinerators, thermal treatment facilities, mobile facilities, secure landfills, piles, surface impoundments, land treatment facilities, secure buildings and in situ management facilities, but does not include an historical hazardous waste contaminated site;

"fault" means a geological fracture along which rocks on one side have been displaced with respect to those on the other side;

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

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

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

"free liquid" means any quantity of a liquid which is separated from a solid when subjected to the Free Liquid Test Procedure described in Part 3 of Schedule 4;

"groundwater" means water below the ground surface in a zone of saturation;

"hazardous waste" means

(a) dangerous goods if they

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

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

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

(b) PCB wastes,

(b.1) biomedical wastes,

(c) wastes containing dioxin,

(d) waste oil,

(e) waste asbestos,

(f) waste pest control product containers and wastes containing pest control products, including wastes produced in the production of treated wood products using pest control products,

(g) leachable toxic waste,

(h) waste containing tetrachloroethylene,

(h.1) wastes listed in Schedule 7,

(h.2) Repealed. [B.C. Reg. 261/2006, s. 1 (b).]

(i) waste containing polycyclic aromatic hydrocarbon, and

(i.1) Repealed. [B.C. Reg. 319/2004, s. 3 (e).]

but does not include

(j) household refuse that is collected from residential premises,

(k) domestic sewage,

(l) dangerous goods that are defective, surplus or otherwise not usable for their intended purpose and that are in the process of being returned directly to a manufacturer or supplier

(m) asphalts and tars used in the manufacture of asphaltic concrete and roofing materials,

(n) and (o) Repealed. [B.C. Reg. 214/2004, s. 1 (l).]

(p) waste wood products treated with wood preservatives or wood protection products registered under the Pest Control Products Act (Canada),

(q) household hazardous waste that

(i)   is removed from a return collection facility in accordance with an authorization from the owner of the return collection facility, and

(ii)   is to be reused for its originally intended purpose,

(r) wood ash, or pulp mill dregs and grit, that would be hazardous waste only because they are classified under the federal dangerous goods regulations as class 8, or

(s) waste that

(i)   has a pH greater than or equal to 2.0 and less than or equal to 12.5, and

(ii)   would be a hazardous waste only because it is classified under the federal dangerous goods regulations as class 8 because of pH;

"historical hazardous waste contaminated site" means any land or groundwater which

(a) was contaminated with hazardous waste on or before April 1, 1988, and

(b) is no longer used for any activity which adds new hazardous waste contamination to the land at that location;

"holocene fault" means a fault which is or has been active or has had displacement during the last 11 000 years;

"household hazardous waste" means a hazardous waste that

(a) results from any of the following involving anything in a "product category" as defined in the Recycling Regulation, B.C. Reg. 449/2004:

(i)   a domestic activity at a residence,

(ii)   personal use, or

(iii)   a person's use in relation to his or her own residence, and

(b) under a regulation must be accepted at a return collection facility;

"household hazardous waste collection facility" means a permanent place that is operated for the collection and storage of household hazardous waste;

"hydrocarbon contaminated soil" means soil, sand, gravel, rock or similar naturally occurring material which is only contaminated with a petroleum product including, but not limited to, gasoline, diesel, fuel oil, hydraulic oil and lubricating oil;

"ignitable" means having the properties of

(a) gases in Class 2.1,

(b) flammable liquids in Class 3, or

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

of the federal dangerous goods regulations;

"impervious" means having a permeability not greater than 1 x 10-7 cm per second when subjected to a head of 0.305 m of water;

"incinerator" means a thermal treatment facility using controlled flame combustion;

"incompatible hazardous waste" means a hazardous waste which, when in contact with another hazardous waste or substance and under normal conditions of storage or transportation, may react to produce

(a) heat,

(b) a gas,

(c) a corrosive substance, or

(d) a toxic substance;

"indoor" means enclosed and protected from precipitation and wind as in a building but does not include a shipping container used for passive storage;

"in situ management facility" means a facility used to

(a) prevent or control the movement or release of hazardous waste contaminants, or

(b) treat or destroy hazardous waste contaminants in soil or groundwater

at an historical hazardous waste contaminated site in such a way that the physical location of the hazardous waste contaminants and the soil is not substantially altered;

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

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

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

"land treatment" means the treatment of hazardous waste by applying it to land;

"leachate" means any liquid, including suspended materials which it contains, which has percolated through or drained from a hazardous waste facility;

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

"liner" means a continuous layer of synthetic or natural clay or earth materials, placed beneath and at the sides of a secure landfill, a surface impoundment or a pile, and intended to restrict the downward or lateral escape of hazardous waste or leachate;

"manage" means to handle, transport, store, treat, destroy or dispose of hazardous waste;

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

"mobile facility" means any movable or transportable facility that is designed, constructed and operated to treat or destroy hazardous waste;

"mobile household hazardous waste collection facility" means a movable or transportable truck or trailer that is operated for the collection and storage of household hazardous waste;

"off site facility" means a facility that is not an on site facility;

"on site facility" means a facility located on the property where the hazardous waste that it deals with is or was produced, and that is used solely to deal with the hazardous waste produced on that property, and for this purpose non-contiguous properties owned by the same person but connected by

(a) a right of way which the person controls and to which the public does not have access, or

(b) not more than 1 km of highway as defined in the Motor Vehicle Act,

must be considered to be the same property;

"owner" means the person who owns a facility or part of a facility and includes an operator who is authorized by the owner to act as the owner's agent;

"passive storage" means storage of hazardous waste in a facility where the only activity that takes place is placement, retrieval or inspection of the hazardous waste;

"PCB" means a chlorobiphenyl;

"PCB equipment" means a manufactured item that contains or is contaminated with PCB liquids or PCB solids and includes transformers, capacitors and containers;

"PCB liquid" means any liquid containing more than 50 parts per million by weight of chlorobiphenyls;

"PCB solid" means any material or substance other than PCB liquid that contains or is contaminated with chlorobiphenyls at a concentration greater than 50 parts per million by weight of chlorobiphenyls;

"PCB wastes" means PCB liquid, PCB solid and PCB equipment that have been taken out of service for the purpose of treatment, recycling, reuse or disposal or for the purpose of storage prior to treatment, recycling, reuse or disposal;

"pest control product" means a product registered as a pest control product under the Pest Control Products Act (Canada);

"polycyclic aromatic hydrocarbon TEQ" or "PAH TEQ" means the polycyclic aromatic hydrocarbon toxicity equivalent value relative to benzo[a]pyrene which is determined by adding the products of the measured concentrations of each listed PAH in Column 1 of Schedule 1.1 multiplied by the toxicity equivalency factor (TEF) listed opposite in Column 2, as measured by test methods approved by a director;

"principal organic hazardous constituents" or "POHC" means one or more organic components of a hazardous waste that are designated by a director;

"product of incomplete combustion" or "PIC" means a carbon containing compound, other than carbon dioxide, present in the exhaust stream of a thermal treatment facility;

"Provincial identification number" means

(a) a generator registration number,

(b) a licence to transport number, or

(c) a registered site number;

"radioactive waste" means waste containing a prescribed substance as defined in the Atomic Energy Control Act in sufficient quantity or concentration to require a licence for possession or use under that Act and regulations made under that Act;

"reactive" means waste that

(a) is an explosive substance as defined by Class 1 of the federal dangerous goods regulations,

(b) is an oxidizing substance as defined by Class 5 of the federal dangerous goods regulations,

(c) is normally unstable and readily undergoes violent change without detonating,

(d) reacts violently with water or air,

(e) forms potentially explosive mixtures with water,

(f) when mixed with water, generates toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment,

(g) is a cyanide or sulphide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment,

(h) is capable of detonation or explosive reaction if it is subject to a strong initiating source or if heated under confinement,

(i) is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure, or

(j) polymerizes in whole or in part by chemical action and causes damage by generating heat or increasing in volume;

"recharge area" means any land within which water enters an aquifer;

"recycle" means to wholly utilize hazardous waste or residue from a hazardous waste management facility

(a) in an agricultural, commercial, manufacturing or industrial process or operation, where the principal purpose of the process or operation is not waste management,

(b) by promptly packaging it for retail sale to meet a market demand, or

(c) by offering it for retail sale to meet a market demand,

but does not include

(d) the application of hazardous waste or residue into or onto land, or

(e) the disposal of hazardous waste or residue by burning, burning as a fuel or mixing with a fuel before burning;

"return collection facility" means a household hazardous waste collection facility or a mobile household hazardous waste collection facility;

"seasonally high water table" means the highest level of rise of the free surface of water below the ground surface at any time during the year;

"secure building" means an above ground indoor facility that meets the requirements set out in Division 8 of Part 4 of this regulation;

"secure disposal" means disposal in a secure building or secure landfill;

"secure landfill" means a disposal facility where hazardous waste is placed in or on land and that is designed, constructed and operated to prevent any pollution from being caused by the facility outside the area of the facility;

"sewage" means effluent from domestic sources but does not include effluent from industrial sources;

"shipping name", in relation to waste, means

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

(b) in the case of hazardous waste described by paragraph (h.1) of the definition of "hazardous waste", its type number under Schedule 7, and

(c) otherwise, the hazardous waste as it is described in the definition of "hazardous waste";

"slope failure" means a measurable downward and outward movement of soil, rocks, snow, ice, mud or debris caused by gravity acting on an unstable slope;

"small inside container" means an inner packaging, receptacle or container with a maximum capacity of 100 L;

"storage" means the storage of hazardous waste with the intention to move the hazardous waste for subsequent management;

"storm sewer" means a manmade drain, ditch or sewer used primarily to carry natural precipitation runoff;

"surface impoundment" or "impoundment" means a facility which is

(a) intended for the storage of hazardous waste, and

(b) a man-made excavation or dyked area formed primarily of earthen materials;

"tank" means a stationary device constructed of non-earthen materials such as wood, concrete, steel or plastic which provides containment and is designed for the storage of hazardous waste;

"thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures;

"treatment" means the handling or processing of hazardous waste in such a manner as to change the physical, chemical or biological character or composition of the hazardous waste, and "treat" has a corresponding meaning;

"unconfined aquifer" is an aquifer that extends downward from the surface with no low permeability material above it;

"underground injection" means the emplacement of fluids underground through a bored, drilled, driven or dug well;

"uppermost aquifer" means an aquifer that is nearest the natural ground surface as well as lower aquifers that are hydraulically connected with this aquifer within the boundaries of the waste disposal site;

"washout" means the movement of hazardous waste from any hazardous waste facility as a result of flooding;

"waste asbestos" means a waste containing friable asbestos fibres or asbestos dust in a concentration greater than 1% by weight either at the time of manufacture, or as determined using a method specified in section 40 (1);

"waste containing dioxin" means a waste containing dioxin TEQ in a concentration greater than 100 parts per billion by weight;

"waste containing polycyclic aromatic hydrocarbon" means waste containing polycyclic aromatic hydrocarbons (PAH) in a total concentration greater than 100 parts per million measured as polycyclic aromatic hydrocarbon TEQ by weight;

"waste containing tetrachloroethylene" means waste containing tetrachloroethylene in a concentration greater than 500 parts per million by weight;

"waste oil" means automotive lubricating oil, cutting oil, fuel oil, gear oil, hydraulic oil or any other refined petroleum based oil or synthetic oil where the oils are in the waste in a total concentration greater than 3% by weight and the oils through use, storage or handling have become unsuitable for their original purpose due to the presence of impurities or loss of original properties;

"waste pile" means any non-containerized accumulation of solid, nonflowing hazardous waste that is being stored or treated;

"wetland" includes any land such as a tidal flat, marsh, swamp, bog or fen which

(a) is frequently inundated and for that reason has developed an organic soil, and

(b) occurs in an area which is lower lying than its surroundings.

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

(a) must be in writing,

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

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

[am. B.C. Regs. 10/89, s. 1; 106/89, s. 1; 132/92, s. 1; 52/95, s. 1; 214/2004, s. 1; 319/2004, ss. 2 and 3; 261/2006, ss. 1 to 5; 375/2008, ss. 1 and 2.]

Repealed

1.1  Repealed. [B.C. Reg. 319/2004, s. 4.]

General

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(13) and (14) Repealed. [B.C. Reg. 375/2008, s. 3.]

[en. B.C. Reg. 319/2004, s. 4; am. B.C. Reg. 375/2008, s. 3.]

Part 2 — Minimum Siting Standards for All Hazardous Waste Facilities

Siting standards

3  No person shall establish, construct or operate any hazardous waste facility

(a) in a 200 year floodplain unless the hazardous waste facility

(i)   is designed, constructed, operated and maintained to prevent washout, or

(ii)   was in operation on the day this paragraph comes into force, in which case the facility must continue to be protected to the 100 year flood level,

(b) within 100 m of a holocene fault,

(c) in a place which is subject to tsunamis unless the hazardous waste facility is designed, constructed, operated and maintained to prevent washout of any hazardous waste by a tsunami,

(d) within 100 m of any land which is subject to slope failure, or

(e) within the boundaries of any

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

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

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

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

(v)   ecological reserve designated under the Ecological Reserve Act,

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

(vii)   wildlife area designated under the Canada Wildlife Act (Canada).

[am. B.C. Regs. 132/92, s. 3; 319/2004, s. 2; 375/2008, s. 1.]

Part 3 — Operational Requirements for All Hazardous Waste Facilities

Plans

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

(a) plans and specifications of new works;

(b) plans for the modification of existing works;

(c) a new operational plan;

(d) a modified operational plan.

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

(a) which hazardous wastes will be stored, treated, recycled or disposed of at the facility;

(a.1) the maximum quantity of each hazardous waste specified under paragraph (a) that the owner estimates will be stored at the facility at any time;

(a.2) the facility's maximum daily capacity for treating, recycling or disposing of each hazardous waste specified under paragraph (a);

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

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

(d) details of auditing activities.

(2.1) The plans and specification referred to in subsection (1) (a) and (b) must include the plans and specifications for the facility's spill containment system.

(2.2) On or before January 31, 2007, an owner that has not had an operational plan in relation to a facility approved under this section shall submit for approval an operational plan that complies with subsections (2) and (2.1).

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

[en. B.C. Reg. 319/2004, s. 5; am. B.C. Regs. 261/2006, s. 6; 375/2008, s. 1.]

Waste information

5  (1) An owner of a facility must not accept, handle, store, treat, destroy or dispose of hazardous waste at the facility or allow it to be accepted, handled, stored, treated, destroyed or disposed of at the facility without taking reasonable measures to identify all hazards associated with the hazardous waste through

(a) physical, chemical or biological analyses,

(b) published scientific documentation,

(c) consultation with the waste generator, or

(d) consultation with the manufacturer in the case of manufactured goods which become waste,

and without limiting the generality of this, the owner shall again inquire into and ascertain those hazards wherever that owner has reason to believe that

(e) a process or operation generating a hazardous waste delivered to the facility has changed, or

(f) the description of a hazardous waste received at the facility does not match the description of the hazardous waste on the accompanying waste manifest.

(2) The owner of a facility must not accept a hazardous waste that

(a) does not match the description on the accompanying manifest, or

(b) is not accompanied by a manifest,

and where any person attempts to deliver such waste to the facility, the owner of the facility shall immediately notify a director by telephone to seek

(c) authorization to accept the hazardous waste, or

(d) other instructions.

(3) A person must not accept, at any hazardous waste facility, hazardous waste which is described as a quantity more than 100 kg or 100 L on the accompanying manifest without first determining the quantity of waste delivered by measuring the weight or volume of the shipment.

(4) Where the quantity of hazardous waste received at a hazardous waste facility is either

(a) 5% greater than, or

(b) 5% less than

the quantity described in Part A of the manifest, the owner of the facility must

(c) describe the occurrence of the discrepancy on the manifest,

(d) submit a copy of the manifest, including the description required under paragraph (c), to the director within 3 days of receiving the hazardous waste, and

(e) include the description of the discrepancy in the annual summary required under subsection (5).

(5) If there has been an occurrence of a discrepancy as described in subsection (4), the owner of a hazardous waste facility must

(a) prepare an annual summary of all occurrences of discrepancies for the previous year,

(b) include in the annual summary an explanation of actions taken to reduce further occurrences of discrepancies, and

(c) submit the annual summary to the director within 60 days of the end of the calendar year in which the discrepancies occurred.

[am. B.C. Regs. 319/2004, ss. 2 and 6; 261/2006, s. 7; 375/2008, ss. 1 and 4.]

Waste record

6  (1) The owner of a hazardous waste facility must keep for inspection by an officer an operating record at his or her facility and must record in a written or retrievable electronic form the following information for each hazardous waste received, stored or shipped:

(a) the description including

(i)   the name and identification number as described in the federal dangerous goods regulations, and

(ii)   the physical state (i.e. whether it is solid, liquid, gaseous or a combination of one or more of these);

(b) the quantity in kilograms or litres;

(c) the method and date of storing, repacking, treating or disposing at the facility, cross-referenced to specific manifest document numbers applicable to the hazardous waste;

(d) the location of each hazardous waste within the facility and the quantity at each location.

(2) The owner of a hazardous waste facility must keep the records required under subsection (1) for a minimum of 2 years after the waste has been removed from the facility.

[am. B.C. Regs. 132/92, s. 4; 214/2004, s. 4; 319/2004, s. 2; 375/2008, ss. 1 and 5.]

Weather protection

7  A person must not operate a hazardous waste facility unless the facility has been designed, constructed and maintained so that elements of the weather such as precipitation, heat, frost, wind and humidity have no detrimental effect on the capability of the facility to manage hazardous waste.

[am. B.C. Regs. 319/2004, s. 2; 375/2008, s. 1.]

Access security

8  A person must not operate a hazardous waste facility unless access to the facility by unauthorized persons or by animals is prevented by

(a) a 24 hour surveillance system that continuously monitors and controls entry to the facility, and for this purpose television monitors or an approved system, or surveillance guards present at the facility must be used, or

(b) a barrier such as

(i)   a 2.13 m high chain link fence topped with 3 strands of barbed wire to prevent scaling of the fence, or equally effective approved barrier, and

(ii)   a means of controlled entry, at all times, through gates or other entrances,

(c) locks or locked covers on all valves, pumps, electrical controls and other operational controls which would be accessible if the prevention measures referred to in paragraph (a) or (b) above were breached, and

(d) a sign, legible from a distance of at least 10 m, reading

(i)   "DANGER — UNAUTHORIZED PERSONNEL KEEP OUT",

(ii)   "DANGER — AUTHORIZED PERSONNEL ONLY", or

(iii)   "RESTRICTED AREA — AUTHORIZED PERSONNEL ONLY",

or equivalent wording, posted at each entrance to the facility and at such other locations as a director may fix.

[am. B.C. Regs. 132/92, s. 5; 319/2004, ss. 2 and 7; 375/2008, s. 1.]

Prevention of fire, explosion and accidental reactions

9  (1) The owner of a hazardous waste facility must prevent the accidental ignition or reaction of ignitable or reactive waste by protecting such waste from sources of ignition or reaction such as open flames, smoking, grinding and welding, hot surfaces, frictional heat, static, electrical or mechanical sparks, spontaneous ignition from heat producing chemical reactions and radiant heat by means of

(a) electrical spark grounding where the potential for static buildup exists,

(b) suitable separation distances or a barrier with a minimum fire rating of 2 hours between the waste and ignition sources, and

(c) a warning sign, legible from a distance of 10 m, reading "DANGER — IGNITABLE/REACTIVE HAZARDOUS WASTE, NO OPEN FLAMES, SMOKING OR SPARKS".

(2) The owner of any indoor hazardous waste facility which manages reactive or ignitable hazardous waste must

(a) provide and maintain a continuous 24 hour fire alarm system with

(i)   smoke sensing alarms, and

(ii)   heat sensing alarms,

capable of automatically stopping any forced air ventilation systems in the facility and summoning a 24 hour external emergency response through

(iii)   a local fire department,

(iv)   a local response team, or

(v)   on site security staff who have immediate communication access to a local response agency,

(b) provide and maintain a fire suppression system specified by the Fire Commissioner or a local assistant to the Fire Commissioner as defined in the Fire Services Act, or where not so specified provide and maintain

(i)   a permanent, automatic system which uses foam, inert gas or dry chemical, or

(ii)   one portable ABC rated fire extinguisher with a minimum 10 kg capacity for every 250 m2 of the facility's space,

(c) provide and maintain sufficient aisle space between containers of hazardous waste to allow the unobstructed movement of persons, fire protection equipment, spill control equipment and decontamination equipment to any part of the facility,

(d) design and construct the facility so that the walls, doors and floor are noncombustible with a minimum fire rating of 2 hours, and

(e) ensure that any heat required for the facility is provided only by indirect means such as hot water, steam or electrical resistance and not by any device which uses an open flame within 10 m of where wastes are located, nor by any other device prohibited by the Fire Commissioner or a local assistant to the Fire Commissioner under the Fire Services Act.

(3) The owner of a hazardous waste facility that treats, stores or disposes of ignitable or reactive waste must take precautions to prevent reactions which may do any of the following:

(a) generate extreme heat or pressure, fire or explosions;

(b) produce uncontrolled toxic mists, fumes, dusts or gases in sufficient quantities to threaten human health or the environment;

(c) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion;

(d) damage the structural integrity of the facility.

[am. B.C. Regs. 10/89, s. 3; 132/92, s. 6; 319/2004, s. 2; 375/2008, s. 1.]

Spill protection and reporting

10  The owner of a hazardous waste facility must

(a) provide and maintain an approved spill containment system to contain on site any release of spilled hazardous waste,

(b) inspect the facility monthly and, where any free liquid hazardous waste is stored at the facility,

(i)   provide and maintain a 24 hour spill alarm system appropriate for the hazardous waste managed at the facility, or

(ii)   inspect the facility weekly for any irregularities such as malfunctions, deterioration, operator error, leaks or spills which may lead to the escape of hazardous waste from the facility or may pose a threat to human health,

(c) maintain at the facility a record of inspections conducted as required by paragraph (b) showing

(i)   any irregularities in the facility,

(ii)   dates that any such irregularities were discovered,

(iii)   corrective action taken, and

(iv)   date of corrective action, and

(d) immediately report any irregularities to a director.

[am. B.C. Regs. 132/92, s. 7; 319/2004, ss. 2 and 8; 375/2008, s. 1.]

Contingency plan

11  The owner of a hazardous waste facility must

(a) prepare and maintain in up-to-date readiness a contingency plan, approved by a director, which documents procedures to be followed during emergencies, including

(i)   shut down procedures,

(ii)   communication networks to be used, and

(iii)   notification procedures for

(A)  police departments in the vicinity,

(B)  fire departments in the vicinity,

(C)  emergency response teams,

(D)  ambulance and medical services,

(E)  contractors carrying on business in the vicinity,

(F)  schools, hospitals and residents,

(G)  federal, Provincial and municipal governments,

(iv)   evacuation procedures for facility staff,

(v)   abatement measures,

(vi)   inventories of spill response and cleanup equipment available

(A)  at the facility,

(B)  from contractors carrying on business in the vicinity,

(C)  from agencies operating in the vicinity, and

(D)  from regional suppliers,

(b) appoint one person and at least one alternate to act as an Emergency Response Coordinator with authority to carry out action in accordance with the contingency plan,

(c) provide a copy of the contingency plan to

(i)   the Emergency Response Coordinator,

(ii)   each alternate Emergency Response Coordinator, and

(iii)   a director, and

(d) provide clean up equipment, sorbents and other material and protective equipment and clothing, for all emergency response staff at the facility, appropriate for all the hazardous wastes managed at the facility.

[am. B.C. Regs. 10/89, s. 4; 319/2004, ss. 2 and 9; 261/2006, s. 8; 375/2008, s. 1.]

Emergency systems testing

12  (1) The owner of a hazardous waste facility must test or inspect

(a) the fire and explosion protection systems described in section 9 (2),

(b) the spill protection systems described in section 10 (a) and (b), and

(c) the contingency plan described in section 11 (a),

at least once a year to ensure that such protective measures, systems, procedures, equipment and clothing are capable of proper operation in an emergency.

(2) The owner of a hazardous waste facility must make a written record of each test carried out as required by subsection (1) and must include in the record

(a) the measures, systems, procedures, equipment and clothing tested,

(b) a description of the test methods,

(c) the date of the tests on each component,

(d) the results of the tests, and

(e) description and date of any corrective action

and the record shall be available for inspection by an officer.

(3) Where a facility manages more than 20 tonnes of hazardous waste in a calendar year, the owner of the facility shall submit a copy of the record referred to in subsection (2) to a director within 90 days after each test.

[am. B.C. Regs. 132/92, s. 8; 319/2004, ss. 2 and 10; 375/2008, s. 1.]

Personnel training

13  (1) The owner of a hazardous waste facility must ensure that every person employed in the operation of the facility receives training which includes instruction on

(a) the employed person's duties and responsibilities,

(b) use of personnel protective equipment,

(c) fire and explosion response procedures,

(d) spill response procedures,

(e) communications and alarm systems,

(f) use of abatement and cleanup equipment,

(g) shut down operations, and

(h) hazards of all hazardous waste managed at the facility,

before beginning employment in an operational capacity.

(2) The owner of any facility must provide to each operational staff member an annual review of the training required by subsection (1).

(3) An owner of a facility referred to in subsection (1) must maintain and must produce for inspection whenever required by an officer a record of

(a) all persons employed in the operations of the facility and their duties and responsibilities,

(b) a description of the level of training received by each person so employed, and

(c) the date of the last training session for each person so employed.

[am. B.C. Regs. 132/92, s. 9; 319/2004, s. 2; 375/2008, s. 1.]

Closure

14  (1) The owner of a hazardous waste facility must not operate the facility unless that owner has prepared a written closure plan and has received approval of the plan.

(2) A closure plan must include

(a) a schedule of how and when the facility will be closed,

(b) a description of decontamination procedures to be followed,

(c) a description and estimate of the quantity of any hazardous waste residues which will remain at the site after closure, and

(d) an estimate of the total time required to close the facility.

(3) The owner of a hazardous waste facility must, whenever changes in the operating plans, facility design or the expected year of closure are intended, submit amendments to the closure plan for approval.

(4) The owner of a hazardous waste facility must

(a) notify a director within 90 days after receiving or producing the final quantity of hazardous waste at the facility, and

(b) complete the closure of the facility within the period specified in, and in accordance with, the approved closure plan, or, where the closure plan has been amended, in accordance with the approved closure plan and its approved amendments.

[am. B.C. Regs. 319/2004, ss. 2 and 11; 261/2006, s. 9; 375/2008, s. 1.]

Part 4 — Additional Requirements

Division 1 —  Recycle Facilities

Operational requirements

15  (1) The owner of a recycle facility must provide an automatic means of stopping

(a) the process equipment, and

(b) the waste feed system

in the event of an accidental release or in circumstances which might lead to an accidental release of a hazardous waste.

(2) The owner of a recycle facility where liquid hazardous waste is being managed must

(a) use a dripless hose connection, or a containment system that provides equal or better protection than the protection provided by a dripless hose connection, when transferring liquid hazardous waste by means of detachable hoses or pipes, and

(b) ensure that all materials on pipes, pumps, containers and any other equipment which comes in contact with the hazardous waste is compatible with the hazardous waste.

[am. B.C. Regs. 319/2004, s. 2; 261/2006, s. 10; 375/2008, s. 1.]

Division 2 —  Storage Facilities

Operational requirements

16  (1) The owner of a storage facility where free liquid hazardous waste is stored in containers or tanks must

(a) provide space to allow for manual, visual inspection for leaks,

(b) provide and maintain an impervious containment system sufficient to hold the larger of

(i)   110% of the largest volume of free liquid hazardous waste in any given container or tank, or

(ii)   25% of the total volume of free liquid hazardous waste in storage,

(c) provide controlled forced air ventilation to any indoor facility so that 0.3 m3/min/m2 of a facility is exhausted at all times unless a facility is used solely for passive storage,

(d) provide overflow protection for tanks by means of

(i)   fixed piping to an empty adjacent tank with a capacity equal to or greater than 20% of the protected tank,

(ii)   a high level alarm set at 90% of the full liquid level of the tank, or

(iii)   an automatic feed cutoff system set at 95% of the full liquid level of the tank container,

(e) use a dripless hose connection, or a containment system that provides equal or better protection than the protection provided by a dripless hose connection, when transferring liquid hazardous waste by means of detachable hoses or pipes,

(f) ensure that all materials on pipes, pumps, containers and any other equipment which comes in contact with the hazardous waste is compatible with the hazardous waste, and

(g) ensure that all hazardous waste transfer lines, hoses and pipes are equipped with automatic shutoff or close on failure valves which close off the flow of hazardous waste in the event of a sudden accidental escape unless a method of containment is provided to prevent the release of free liquid hazardous waste.

(2) If an owner's primary business is not waste management and the owner's facility provides storage that is on site and passive storage, the owner

(a) despite section 4 (1), must prepare and maintain, but unless requested to do so by a director, need not obtain and must not seek approval of, the plans and specifications referred to in section 4 (1) (a) and (b),

(b) despite section 4 (1), unless requested to do so by a director,

(i)   need not prepare or maintain, and

(ii)   need not obtain, and must not seek approval of,

the operational plans referred to in section 4 (1) (c) and (d),

(c) despite section 11, unless requested to do so by a director, need not obtain and must not seek approval of the contingency plan required by that section, and

(d) despite section 14 (1) and (3), unless requested to do so by a director, need not obtain and must not seek approval of the closure plan, or amendments to the closure plan, required by that section.

[am. B.C. Regs. 132/92, s. 10; 319/2004, s. 2; 261/2006, ss. 10 and 11; 375/2008, ss. 1 and 7.]

Performance standards

17  (1) The owner of a storage facility must ensure that

(a) any emissions to the atmosphere resulting from the operation of the storage facility are controlled to meet approved emission specifications, and

(b) any discharge of liquid effluent to the environment, to storm sewers or to a municipal or industrial effluent treatment works which results from the operation of the storage facility meets the effluent criteria prescribed in Schedule 1.2.

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

[am. B.C. Regs. 132/92, s. 11; 319/2004, s. 12; 375/2008, ss. 1 and 8.]

Additional requirements for storage of PCB wastes

17.1  (1) Notwithstanding section 2 (3) to (6) and (8), all storage facilities where

(a) 1.0 kilogram or more of PCBs,

(b) 100 litres or more of PCB liquid, or

(c) 100 kilograms or more of PCB solids

are stored shall comply with sections 3 to 14, 16, 17 and this section.

(2) For the purpose of determining the quantity, volume or weight by which PCBs, PCB liquids or PCB solids exceed the amount specified in subsection (1), the total amounts stored at each location owned or controlled by the same owner or operator must be added together.

(3) The owner of a storage facility used to store PCB wastes must ensure that

(a) drums up to 205 litre capacity used for PCB solids

(i)   Repealed. [B.C. Reg. 132/92, s. 12 (a).]

(ii)   are made of 18 gauge steel or heavier,

(iii)   have a securely attached, close fitting removable steel lid and a gasket of PCB resistant material, and

(iv)   are painted to prevent rusting,

(b) drums up to 205 litre capacity used for PCB liquids

(i)   Repealed. [B.C. Reg. 132/92, s. 12 (b).]

(ii)   are made of 16 gauge steel for PCB liquids placed in storage or repackaged on or after April 1, 1992 and 18 gauge steel for PCB liquids placed in storage before April 1, 1992,

(iii)   have a closed top that is fitted with 2 screw plug bungs, and

(iv)   are painted to prevent rusting,

(c) all containers used for PCB wastes, and all PCB equipment except transformers on skids, must be placed on pallets or an alternate system of storage that allows for visual inspection for leaks and easy removal of the waste,

(d) drums of PCB wastes must not be stacked more than 2 drums high,

(e) containers of PCB wastes other than drums are not stacked unless the containers have been specifically designed for stacking and in such case that they are not stacked more than 2 containers high,

(f) an up-to-date inventory and site map indicating where all PCBs are stored at the facility and a fire safety plan acceptable to the local assistant to the fire commissioner

(i)   are provided to a director,

(ii)   are provided to the local assistant to the fire commissioner, and

(iii)   are kept on site for inspection by an officer,

(g) capacitors containing 0.5 kilogram or more of chlorobiphenyls are labelled with either Environment Canada's serialized, black and white "CAUTION/ATTENTION PCB" label, measuring 76 mm by 76 mm, or a reasonable alternative, unless the capacitor was stored in a container before this section came into effect,

(h) electrical transformers, electromagnets and other equipment containing chlorobiphenyls in a concentration exceeding 1% by weight are labelled with either Environment Canada's serialized, black and white "ATTENTION PCB" label, measuring 150 mm by 150 mm, or a reasonable alternative,

(i) electrical transformers, electromagnets and other equipment containing chlorobiphenyls in a concentration exceeding 50 parts per million by weight but not greater than 1% by weight are labelled with either Environment Canada's "ATTENTION – Contaminated with PCBs" label, or a reasonable alternative,

(i.1) containers containing chlorobiphenyls in a concentration exceeding 1% by weight are labelled with either Environment Canada's "ATTENTION – PCB Waste" label, or a reasonable alternative,

(j) the floor or other surface of the storage site on which undrained PCB equipment or PCB liquids are stored, whether indoors or outdoors, must be constructed of steel, concrete or other durable material,

(k) where undrained PCB equipment or PCB liquids are stored on a floor or other surface of the storage site, whether indoors or outdoors, the floor or surface of the site must be provided with curbing or sides sufficient to contain

(i)   in the case where a single item is being stored, 125% of the volume of the PCB liquid in the item, and

(ii)   in the case where more than one item is being stored, the greater of twice the volume in the largest item or 25% of the volume of all the PCB liquids stored on the floor or surface,

(l) where the material of the floor or other surface of the storage site or the curbing or sides referred to in paragraph (k) are capable of absorbing PCBs, they are sealed with a durable PCB resistant coating,

(m) where undrained PCB equipment or PCB liquids are stored on a floor or other surface of the storage site, any existing floor drains, sumps or other openings in the floor are closed and sealed to prevent the escape of liquid,

(n) doors to storage sites, fencing and other security barriers enclosing storage sites are labelled with Environment Canada's non-serialized, black and white "ATTENTION PCB" label, measuring 150 mm by 150 mm, or a reasonable alternative.

(4) Repealed. [B.C. Reg. 132/92, s. 13.]

[en. B.C. Reg. 10/89, s. 5; am. B.C. Regs. 132/92, ss. 12, 13; 319/2004, s. 13; 261/2006, s. 12; 375/2008, ss. 1 and 9.]

Division 3 —  Requirements For Treatment Facilities

Operational requirements

18  (1) The owner of a treatment facility must provide an automatic means of stopping

(a) the process equipment, and

(b) the waste feed system

in the event of an accidental release or in circumstances which might lead to an accidental release of hazardous waste.

(2) Before beginning operation of a treatment facility the owner must conduct an approved demonstration trial to demonstrate the effectiveness of each process intended to treat a hazardous waste that will be received at the facility.

(3) The demonstration trial referred to in subsection (2) must provide

(a) an adequate test of the treatment process to be used,

(b) a qualitative and quantitative description of the physical, chemical and biological properties of

(i)   the hazardous waste to be treated,

(ii)   any liquid or solid residues remaining after treatment, and

(iii)   any emissions to the atmosphere resulting from the treatment process,

(c) a description of operating conditions in the treatment process including but not limited to

(i)   temperatures,

(ii)   pressures, and

(iii)   residence times, and

(d) a description of any conditions which may cause a detrimental effect on human health or the environment.

(4) The owner of a treatment facility must submit a report with all the information described in subsection (3) to a director before beginning operation of the treatment facility.

[am. B.C. Regs. 319/2004, ss. 2 and 14; 261/2006, s. 13; 375/2008, s. 1.]

Performance standards

19  (1) The owner of a treatment facility must ensure that

(a) any discharge of liquid effluent to the environment, to storm sewers or to a municipal or industrial effluent treatment works which results from the operation of the treatment facility meets the effluent criteria prescribed in Schedule 1.2, and

(b) any emissions to the atmosphere resulting from

(i)   a treatment facility process, or

(ii)   the ventilation system of a treatment facility,

meet approved emission specifications.

(2) The owner of a treatment facility must not allow residue to be discharged from the treatment facility unless

(a) the residue is managed at a hazardous waste management facility in accordance with this regulation, or

(b) the owner demonstrates to the satisfaction of a director in accordance with test protocols or methods approved by a director under section 53 (1) that the residue no longer poses a hazard to human health or to the environment and that the residue is suitable for

(i)   disposal to a landfill authorized by a permit, approval under section 15 of the Act, order or waste management plan, or

(ii)   some other purpose under an approved management option.

(3) Where an owner has demonstrated to a director in accordance with subsection (2) that a residue no longer poses a hazard to human health or to the environment, the director may, notwithstanding section 39, authorize disposal of the residue to a landfill other than a secure landfill.

[am. B.C. Regs. 132/92, ss. 11, 14; 319/2004, ss. 2 and 15; 261/2006, s. 14; 375/2008, s. 1.]

Division 4 —  Requirements for Incinerators and Thermal Facilities

Operational requirements

20  (1) Before beginning construction or installation of an incinerator or thermal treatment facility, the owner must

(a) provide a detailed engineering description of the incinerator or thermal treatment facility including the following information:

(i)   manufacturer's name and model number (if available);

(ii)   type of incinerator or thermal treatment facility;

(iii)   internal dimension of the incinerator, or thermal treatment facility including the cross sectional area of the process chamber;

(iv)   description of any auxiliary fuel system including fuel type and feed rate;

(v)   capacity of air supply and exhaust systems;

(vi)   description of the automatic waste feed cutoff system or systems;

(vii)   any stack gas monitoring and pollution control equipment;

(viii)   nozzle and burner design if the thermal treatment facility is an incinerator;

(ix)   construction materials;

(x)   location and description of temperature, pressure and flow sensing and control devices,

(b) predict the maximum ambient ground level concentration of emissions from the facility by means of an approved atmospheric dispersion model, and

(c) submit a report with the information described in paragraphs (a) and (b) to the district director or a director, as applicable.

(2) Before beginning operation of an incinerator or thermal treatment facility, the owner must

(a) conduct a demonstration trial in an approved manner to demonstrate the effectiveness of the facility to treat or destroy hazardous waste, and must conduct the trial for a sufficient time under normal operating conditions to obtain

(i)   a qualitative and quantitative description of the physical, chemical and biological properties of

(A)  the hazardous waste to be incinerated or thermally treated including all principal organic hazardous constituents (POHCs),

(B)  any air emissions including all POHCs, products of incomplete combustion (PICs) and parameters listed in Schedule 2,

(C)  any liquid effluent discharges including all POHCs, PICs and parameters listed in Schedule 1.2, and

(D)  any solid residues including all POHCs, PICs and trace metals listed in Schedule 2;

(ii)   a determination of the destruction and removal efficiency (DRE), using Equation 1:

  DRE  =  Win— Wout  x  100% Equation 1

Win
  where Win = Mass feed rate of one POHC in the waste feed into the incinerator or thermal treatment facility,
  Wout = Mass emission rate of the same POHC present in the exhaust emissions,

(iii)   a determination of the combustion efficiency (CE), using Equation 2:

  CE  =  CO2  x  100% Equation 2

CO2 + CO
  where CO2  =  Concentration of carbon dioxide in exhaust emissions,
  CO  =  Concentration of carbon monoxide in the exhaust emissions,

(iv)   a determination of operating conditions including but not limited to

(A)  the temperature in the combustion zone or the zone of active thermal treatment,

(B)  the residence time of gases in the combustion zone or the zone of active thermal treatment, and

(C)  the concentration of excess oxygen in the exhaust emissions

whereby the DRE in Equation 1 was determined, and

(v)   a determination of specific

(A)  meteorological conditions, and

(B)  ambient concentrations of POHCs, PICs and other contaminants

as approved, and

(b) submit a report with the information described in paragraph (a) to the district director or a director, as applicable.

(3) The requirement in subsection (2) (a) (iii) does not apply to thermal treatment facilities which generate CO2 from sources other than the combustion process.

(4) The owner of an incinerator or thermal treatment facility must

(a) provide an alarm system and an automatic cutoff system to stop the hazardous waste feed to the facility when operating conditions specified in the permit are not met,

(b) test the automatic cutoff system weekly, and

(c) report any malfunction of the automatic cutoff system to the district director or a director, as applicable, within 24 hours after it occurs.

(5) The owner of an incinerator or thermal treatment facility must inspect the facility and all associated equipment such as pumps, valves, conveyors, pipes, etc. daily for any leaks, spills, fugitive emissions and signs of tampering or malfunction.

(6) Any leaks, spills or fugitive emissions from any incinerator or thermal treatment facility must be controlled by keeping the works sealed or by maintaining the internal pressure lower than the atmospheric pressure.

(7) The owner of an incinerator or thermal treatment facility must continuously measure and record for inspection by an officer

(a) the temperature in the combustion zone or the zone of active thermal treatment,

(b) the waste feed rate,

(c) the gas flow rate at the exit from the combustion zone or the zone of active thermal treatment, and

(d) carbon monoxide, carbon dioxide and oxygen concentrations in the exhaust gas.

(8) The owner of an incinerator or thermal treatment facility must monitor any process emissions for approved parameters at approved intervals.

(9) A report of the emissions monitoring including methods and results must be submitted to the district director or a director, as applicable, within 60 days after completion of the emissions monitoring referred to in subsection (8).

(10) The owner of an incinerator or thermal treatment facility must monitor the ambient air quality and meteorological conditions using approved methods.

(11) A report of the ambient air quality monitoring referred to subsection (10) must be submitted to the district director or a director, as applicable, within 60 days of the end of each calendar quarter.

[am. B.C. Regs. 10/89, s. 6; 132/92, s. 15; 319/2004, ss. 2 and 16; 375/2008, s. 1.]

Performance standards

21  (1) The owner of an incinerator or thermal treatment facility must ensure that during operation

(a) the DRE (Equation 1) of the facility is equal to or greater than that specified in Table 1,

Table 1
Parameter DRE Standards
Principal Organic Hazardous Constituents (POHCs) 99.99%
Polychlorinated biphenyls (PCBs) 99.9999%
Polychlorinated dibenzofurans 99.9999%
Polychlorinated dibenzo-p-dioxins 99.9999%

(b) the operating conditions are maintained at levels shown by the demonstration trial referred to in section 20 (2) to be necessary to meet the DRE criteria in Table 1,

(c) the CE (Equation 2) of an incinerator is equal to or greater than 99.9%,

(d) the exhaust emissions meet the emission standards as specified in Schedule 2, and

(e) any discharge of liquid effluent to the environment or to any system of waste disposal operated by a municipality or other public authority which results from the operation of an incinerator or thermal treatment facility meets the effluent standards prescribed in Schedule 1.2.

(2) Section 20 (2) and subsections (1) (a), (b), (c) and (d) do not apply to any industrial utility boiler used for destruction of wastes containing low levels of PCBs or PCP, where

(i) the PCB or PCP content of the waste is less than 500 parts per million,

(ii) the minimum rated capacity of the boiler is 15 MW,

(iii) the boiler is operated at a minimum of 90% of the design steam generating capacity when the waste is fed into the boiler,

(iv) the mass flow rate of the wastes does not exceed 10% of mass flow rate of the fuel into the boiler,

(v) the carbon monoxide concentration in the exhaust gas is not greater than 50 parts per million for a boiler using gaseous or liquid fuel and the carbon monoxide concentration in the exhaust gas for a boiler using solid fuel is not greater than 100 parts per million,

(vi) the excess oxygen shall be a minimum of 3% when the wastes are being burned, and

(vii) the concentrations of carbon monoxide and oxygen in the exhaust gas are monitored in an approved manner when the wastes are being burned.

(3) The owner of an incinerator or thermal treatment facility must not allow solid residue to be discharged from it unless

(a) the residue is managed at a hazardous waste management facility in accordance with this regulation, or

(b) the owner demonstrates to the satisfaction of a director in accordance with test protocols or methods approved by a director under section 53 (1) that the residue no longer poses a hazard to human health or to the environment and that the residue is suitable for

(i)   disposal to a landfill authorized by a permit, approval under section 15 of the Act, order or waste management plan, or

(ii)   some other purpose under an approved management option.

(4) Where an owner has demonstrated to a director in accordance with subsection (3) that a residue no longer poses a hazard to human health or to the environment, the director may, notwithstanding section 39, authorize disposal of the residue to a landfill other than a secure landfill.

[am. B.C. Regs. 132/92, s. 16; 319/2004, ss. 2 and 17; 261/2006, s. 14; 375/2008, s. 1.]

Division 5 —  Mobile Facilities

Siting requirements

22  Notwithstanding section 3, where the minister is satisfied that an equivalent level of safety will be maintained, the minister may specify less restrictive siting standards for specific sites on which any mobile facility

(a) operates for less than a total of 1 800 hours in any continuous 3 year period, and

(b) treats or destroys less than 1 000 tonnes of hazardous waste during the 3 year period specified in paragraph (a).

[am. B.C. Regs. 319/2004, s. 2; 261/2006, s. 15.]

Operational requirements

23  (1) Before a mobile facility is transported, the owner or operator of the facility must drain all open ended

(a) hoses,

(b) pipes, and

(c) containers

of any hazardous waste or hazardous reagents and ensure that the hazardous waste or reagents are not released to the environment.

(2) In addition to the annual emergency system testing as required in section 12, the owner of a mobile facility must repeat the test required in section 12 before beginning operation at any new location.

[am. B.C. Regs. 319/2004, s. 2; 375/2008, s. 1.]

Performance standards

24  The owner of a mobile facility must comply with the performance requirements pertaining to the appropriate specific type of facilities as prescribed in this Part.

[am. B.C. Reg. 375/2008, s. 1.]

Division 6 —  Secure Landfills

Permit requirement

24.1  (1) A person must not operate a secure landfill unless a permit has been issued under section 14 of the Act to operate the landfill.

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

[en. B.C. Reg. 319/2004, s. 18; am. B.C. Reg. 375/2008, s. 1.]

Siting requirements

25  (1) A person must not locate a secure landfill within a wetland area or an area immediately adjacent to a wetland so that natural drainage from the secure landfill would flow directly into a wetland area.

(2) A person must not locate a secure landfill on a site which has a predicted maximum peak seismic acceleration, in percent of gravity, greater than 8% with a probability of 10% exceedence in 50 years as determined from the National Building Code of Canada.

(3) A person must not locate a secure landfill where the landfill (including the underlying dual liners) cannot be constructed

(a) entirely above the seasonally high water table, and

(b) with a minimum separation depth of 3 m of unsaturated soil material with a permeability less than 1 x 10-6 cm/s above a seasonally high water table including the zone of capillary rise.

(4) A person must not locate a secure landfill in a recharge area for an unconfined aquifer with one or more high capacity wells ( > 100 L/minute) or a significant number of lower capacity wells used for fish hatcheries, domestic, irrigation, industrial, municipal or livestock watering supply.

(5) A person must not locate a secure landfill where it (including the underlying dual liners) would be underlain by less than 5 m of fine grained unconsolidated material with a permeability of less than 1 x 10-6 cm/s over fractured or permeable bedrock formations (e.g. sandstone, limestone, dolomite).

(6) A person must not locate a secure landfill within 300 m of any nonintermittent watercourse or any other permanent waterbody.

(7) A person must not locate a secure landfill within

(a) a designated community water supply watershed, Category I, as defined in Guidelines for Watershed Management of Crown Lands used as Community Water Supplies,

(b) the Greater Victoria Water District watershed, or

(c) the Greater Vancouver Water District watershed.

(8) A person must not locate a secure landfill within an area where

(a) on average, when calculated on a monthly basis, Pt is greater than Et + Ws, and

(b) on average, when calculated on an annual basis, Pt is greater than Et.

(9) In subsection (8), the formula used must be based on the following:

Pt  =  precipitation falling on the surface of the closed secure landfill;
Et  =  maximum possible loss of water from the surface of the closed secure landfill to the atmosphere by evaporation and by transpiration;
Ws  =  available soil water storage in any month in the final cover of the closed secure

landfill (maximum value is total available water storage capacity of the final cover).

(10) A person must not locate a secure landfill unless the person owns and provides an approved secure buffer zone surrounding the active area of the secure landfill.

[am. B.C. Regs. 132/92, s. 17; 261/2006, s. 16; 375/2008, s. 1.]

Operational requirements

26  (1) The owner of a secure landfill must

(a) at appropriate times during construction and installation, inspect

(i)   synthetic liners and covers to ensure tight seams and joints and the absence of punctures, blisters or tears, and

(ii)   soil or clay liners for imperfections (e.g. lenses, cracks, channels)

which would increase permeability,

(b) during operation, inspect weekly and immediately after any storm event or catastrophic events

(i)   liners, covers and drainage control facilities for evidence of deterioration, malfunction, leaks or improper operation, and

(ii)   leak detection and leachate collection systems to ensure proper functioning and to determine if leachate is being generated or is accumulating, and

(c) immediately repair or correct any defects or malfunctioning works as determined by any inspections specified in paragraphs (a) and (b) to maintain the integrity of all works.

(2) The owner of a secure landfill must carry out an approved monitoring program by

(a) establishing a groundwater monitoring system with a sufficient number of wells, installed at appropriate locations (upgradient and downgradient) and depths to yield from the uppermost aquifer groundwater samples that

(i)   represent the quality of groundwater that would not be affected by any leakage from a secure landfill facility, and

(ii)   represent the quality of groundwater that would be affected by leachate, if any, from the secure landfill,

(b) ensuring the quality of groundwater monitoring data by

(i)   casing sampling wells with appropriate materials to ensure the integrity of the boreholes,

(ii)   preventing contamination

(A)  of any part of the well during construction, and

(B)  from the surface during operation, and

(iii)   implementing procedures for

(A)  decontamination of sampling equipment,

(B)  sample collection,

(C)  sample preservation and shipment,

(D)  sample custody, and

(E)  analytical procedures and quality assurance,

(c) selecting indicator parameters (e.g. specific conductance, pH, total organic carbon) and chemical constituents for analysis of groundwater that

(i)   provide a reliable indication of the quality of groundwater below the secure landfill from the perspective of human health hazards and environmental quality,

(ii)   reflect the physical and chemical characteristics of the waste in the secure landfill, and

(iii)   provide a reliable indication of movement of any contaminant with groundwater flow,

(d) sampling groundwater sufficiently often to provide data that is representative of varying groundwater flow conditions, but in any case no less frequently than once every 3 months,

(e) measuring the groundwater surface elevation each time the groundwater is sampled,

(f) measuring volumes, sampling and analyzing any leachate collected by the leachate collection system,

(g) ensuring detection of any liquid leaking into the space between the 2 liners, and

(h) reporting monitoring results at intervals specified by a director.

(3) The owner of a secure landfill must, as one or more cells are being filled,

(a) operate under cover of a portable structure that acts as a roof to keep out rain and snow, or

(b) design another system to prevent leachate generation during operation.

(4) The owner of a secure landfill must, as operations proceed,

(a) record on a map the exact location and dimensions, including depth of each cell in relation to permanently surveyed benchmarks,

(b) record the contents of each cell and the location of each hazardous waste type within each cell, and

(c) keep records referred to in paragraphs (a) and (b) available for inspection by an officer.

(5) The owner of a secure landfill must,

(a) within 3 days after detection of leakage into the space between the 2 liners, report the leakage to a director, and

(b) within 3 days after receiving monitoring data indicating non-compliance with respect to groundwater conditions, notify a director.

(6) The owner of a secure landfill must empty any leachate or runoff storage facilities so as to maintain sufficient capacity to collect leachate and runoff at all times.

[am. B.C. Regs. 319/2004, ss. 2 and 19; 375/2008, s. 1.]

Performance standards

27  (1) The owner of a secure landfill must not use or operate the secure landfill to dispose of any waste listed in Schedule 3.

(2) The owner of a secure landfill must design, construct, install and maintain a dual liner system

(a) to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or groundwater during the operating life and after closure,

(b) with both liners constructed of impervious materials that prevent wastes from passing into or through the liner during the life of the facility, and

(i)   if composed of soil or clay, each being not less than 0.5 m thick, and

(ii)   if synthetic, each being at least 1 mm thick,

(c) with both liners constructed of materials having appropriate chemical properties, strength and thickness to prevent failure due to any of the following:

(i)   pressure gradients;

(ii)   contact with the waste or leachate to which the liners may be exposed;

(iii)   climatic conditions;

(iv)   stress of installation and operations, and

(d) with the liner system placed on base materials capable of providing support and resistance to pressure gradients above and below the liner system to prevent failure due to compression, uplift or settlement.

(3) The owner of a secure landfill must design, construct, install and maintain a leachate detection, collection and removal system that includes the following minimum characteristics:

(a) a leak detection system between the 2 liners to detect any leaks or migration of liquid into the space between the liners;

(b) a leachate collection system that is

(i)   installed at a slope greater than 2%, in a porous material drainage layer with a minimum thickness of 0.75 m and permeability greater than 1x10—3 cm/s immediately above the upper liner,

(ii)   constructed of materials that are

(A)  chemically resistant to waste placed in the landfill and any leachate which might be generated, and

(B)  of sufficient strength to prevent failure due to pressure of overlying loads in the secure landfill, and

(iii)   designed and constructed to prevent clogging during the life of the facility;

(c) a storage facility suitable to allow removal of leachate.

(4) A secure landfill is in a non-compliance situation, with regard to groundwater quality, when analytical data from upgradient and downgradient groundwater monitoring wells for any parameters or chemical constituents are significantly different using approved statistical methods.

(5) The owner of a secure landfill must design, construct and maintain

(a) a system capable of preventing water from draining onto any cells of the secure landfill, and

(b) a system to collect and control water draining from any cells of the secure landfill

during a storm with a magnitude that is exceeded, on average, only once in 25 years.

(6) The owner of a secure landfill must ensure that any discharge of liquid effluent to the environment, to storm sewers or to a municipal or industrial effluent treatment works from the secure landfill meets the effluent criteria prescribed in Schedule 1.2.

(7) If particulate matter subject to wind dispersal is placed in the secure landfill, the owner must cover or otherwise manage the facility to prevent dispersal by wind.

(8) The owner of a secure landfill must, during closure of the landfill or any cell,

(a) make any modifications to works including drainage control, leachate collection, leak detection, monitoring and storage facilities to ensure long term operation with minimum maintenance and security,

(b) install and construct for the secure landfill a final cover with the following minimum characteristics:

(i)   design and construction to function with minimum maintenance;

(ii)   a foundation layer with a minimum thickness of 0.75 m constructed of soil, or other suitable granular material, compacted to maximum density at optimum moisture content according to acceptable engineering practice, to ensure the overall structural integrity of the final cover;

(iii)   an intermediate layer of

(A)  not less than 0.50 m of impervious soil or clay, or

(B)  an impervious synthetic material not less than 1 mm thick;

(iv)   a top layer of not less than 0.5 m of soil

(A)  not containing waste, leachate or other material which would contaminate infiltrating water, and

(B)  which would provide a suitable long term rooting medium;

(v)   graded and maintained to prevent ponding and having slopes of 3% to 5%;

(vi)   vegetation which

(A)  is suitable to the area,

(B)  is established by approved agronomic practices, and

(C)  does not have a rooting depth greater than the depth of the top layer.

(9) An owner of a secure landfill must, before closure, prepare, to the satisfaction of a director, a post closure plan for

(a) maintaining the integrity and effectiveness of the final cover,

(b) maintaining and monitoring the leak detection system, reporting any migration of leachate through the liner,

(c) maintaining and operating the leachate collection and removal system and keeping records of any leachate removed,

(d) maintaining and operating the groundwater monitoring system,

(e) maintaining the drainage control system, and

(f) protecting and maintaining the survey benchmarks.

(10) On completion of closure the owner of the secure landfill site (including its buffer zone) must

(a) comply with the post closure plan approved under subsection (9), and

(b) transfer title of the property to the Crown.

[am. B.C. Regs. 132/92, s. 11; 319/2004, s. 20; 375/2008, s. 1.]

Division 7 —  Waste Piles, Surface Impoundments and Land Treatment Facilities

Siting requirements for waste piles, surface impoundments and land treatment facilities

28  (1) A person must not locate a waste pile, surface impoundment or land treatment facility within a wetland area or an area immediately adjacent to a wetland so that natural drainage from the waste pile, surface impoundment or land treatment facility would flow directly into the wetland area.

(2) A person must not locate a waste pile or surface impoundment where it cannot be constructed

(a) entirely above the seasonally high water table, and

(b) with a minimum separation depth of 3 m of unsaturated soil material with a permeability less than 1 x 10-6 cm/s above a seasonally high water table including the zone of capillary rise.

(3) A person must not locate a land treatment facility where it cannot be constructed

(a) entirely above the seasonally high water table, and

(b) with a minimum separation depth of 1 m of unsaturated soil with a permeability less than 1 x 10-6 cm/s above a seasonally high water table including the zone of capillary rise.

(4) A person must not locate a waste pile, surface impoundment or land treatment facility in a recharge area for an unconfined aquifer with one or more high capacity wells (>100 L/minute) or a significant number of lower capacity wells used for fish hatcheries, domestic, irrigation, industrial, municipal or livestock watering supply.

(5) A person must not locate a waste pile, surface impoundment or land treatment facility where it would be underlain by less than 5 m of fine grained, unconsolidated material with a permeability less than 1 x 10-6 cm/s over fractured or permeable bedrock formations (e.g. sandstone, limestone, dolomite).

(6) A person must not locate a waste pile, surface impoundment or land treatment facility within 150 m of any nonintermittent watercourse or any other permanent waterbody.

(7) A person must not locate a waste pile, surface impoundment or land treatment facility within

(a) a designated community water supply watershed, Category I, as defined in Guidelines for Watershed Management of Crown Lands used as Community Water Supplies,

(b) the Greater Victoria Water District watershed, or

(c) the Greater Vancouver Water District watershed.

[am. B.C. Reg. 375/2008, s. 1.]

Operational requirements for waste piles, surface impoundments and land treatment facilities

29  (1) The owner of a waste pile, surface impoundment or land treatment facility must

(a) at appropriate times during construction and installation inspect any

(i)   synthetic liners to ensure tight seams and joints and the absence of punctures, blisters or tears, and

(ii)   soil or clay liners for imperfections (e.g. lenses, cracks, channels)

which would increase permeability,

(b) during operation inspect weekly and immediately after any storm or catastrophic events

(i)   any liners and drainage control facilities for evidence of deterioration, malfunction, leaks or improper operation, and

(ii)   leak detection and leachate collection systems to ensure proper functioning and to determine if leachate is being generated or is accumulating, and

(c) immediately undertake to repair or correct any defects or malfunctioning works as determined by any inspections specified in paragraphs (a) and (b) to maintain the integrity of all works.

(2) The owner of a waste pile, surface impoundment or land treatment facility must carry out an approved monitoring program by

(a) establishing a groundwater monitoring system with a sufficient number of wells, installed at appropriate locations (upgradient and downgradient) and depths, to yield groundwater samples from the uppermost aquifer that

(i)   represent the quality of groundwater that would not be affected by leakage or leachate, if any, from a surface impoundment, waste pile or land treatment facility, and

(ii)   represent the quality of groundwater that would be affected by leakage or leachate, if any, from a surface impoundment or by leachate from a waste pile or land treatment facility,

(b) ensuring the quality of groundwater monitoring data by

(i)   casing sampling wells with appropriate materials to ensure the integrity of the boreholes,

(ii)   preventing contamination

(A)  of any part of the well during construction, and

(B)  from the surface during operation, and

(iii)   implementing procedures for

(A)  decontamination of sampling equipment,

(B)  sample collection,

(C)  sample preservation and shipment,

(D)  sample custody, and

(E)  analytical procedures and quality assurance,

(c) selecting indicator parameters (e.g. specific conductance, pH, total organic carbon) and chemical constituents for analysis of groundwater that

(i)   provide a reliable indication of the quality of groundwater below the waste pile, surface impoundment or land treatment facility from the perspective of human health hazards and environmental quality,

(ii)   reflect the physical and chemical characteristics of the waste being stored or treated, and

(iii)   provide a reliable indication of movement of any contaminant with groundwater flow,

(d) sampling groundwater sufficiently often to provide data that is representative of varying groundwater flow conditions, but in any case no less frequently than once every 3 months,

(e) measuring the groundwater surface elevation each time the groundwater is sampled,

(f) measuring volumes, sampling and analyzing leachate or leakage collected, if any, by the leachate collection system,

(g) ensuring detection of any liquid leaking through a liner where a liner is required, and

(h) reporting monitoring results at intervals specified by a director.

(3) The owner of a waste pile, surface impoundment or land treatment facility must

(a) within 3 days after detection of leakage through a liner, report the leakage to a director, and

(b) within 3 days after receiving monitoring data indicating non-compliance with respect to groundwater conditions, notify a director.

(4) The owner of a waste pile, surface impoundment or land treatment facility must empty any leachate or runoff storage facilities so as to maintain sufficient capacity to collect leachate and runoff at all times.

[am. B.C. Regs. 319/2004, s. 21; 375/2008, s. 1.]

Performance standards for waste piles

30  (1) The owner of a waste pile must not use a waste pile to store

(a) waste materials which are or contain free liquids,

(b) ignitable or reactive waste, or

(c) liquids in containers.

(2) The owner of a waste pile must design, construct, install, maintain and operate

(a) an approved containment system to prevent release of any hazardous waste or leachate,

(b) an approved leak detection system to detect any leaks or migration of liquid through any required liners, and

(c) an approved leachate collection system.

(3) A waste pile is in a non-compliance situation, with regard to groundwater quality, when analytical data from upgradient and downgradient groundwater monitoring wells for any parameters or chemical constituents are significantly different using approved statistical methods.

(4) The owner of a waste pile must design, construct and maintain a system capable of preventing water from draining onto the site containing the waste pile during a storm with a magnitude that is exceeded, on average, only once in 25 years.

(5) The owner of a waste pile must ensure that any discharge of liquid effluent to the environment, to storm sewers or to a municipal or industrial effluent treatment works which results from the waste pile meets the effluent criteria prescribed in Schedule 1.2.

(6) If particulate matter, subject to wind dispersal, is placed on the waste pile, the owner must cover or otherwise manage the facility to prevent dispersal by wind.

(7) The owner of a waste pile must during closure remove

(a) all stored waste, and

(b) any affected underlying soil to an approved depth.

[am. B.C. Regs. 132/92, s. 11; 319/2004, s. 2; 375/2008, s. 1.]

Performance standards for surface impoundments

31  (1) The owner of a surface impoundment must not use a surface impoundment to store or treat ignitable or reactive waste.

(2) The owner of a surface impoundment must design, construct, install and maintain

(a) sufficient depth in the impoundment to ensure a freeboard of 0.5 m at all times,

(b) an inner, fenced buffer area, 20 m wide, immediately surrounding the impoundment, and

(c) devices to immediately shut off flow of hazardous waste to the impoundment in the event of any malfunction of the works.

(3) The owner of a surface impoundment must design, construct, install and maintain an approved liner system

(a) to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil or groundwater during the operating life and closure period,

(b) constructed of impervious materials that prevent wastes from passing into the liner system during the life of the facility, and that

(i)   if composed of soil or clay materials, is not less than 0.5 m thick, and

(ii)   if synthetic, is at least 1 mm thick,

(c) constructed of materials having appropriate chemical properties, strength and thickness to prevent failure due to

(i)   pressure gradients,

(ii)   contact with the waste or leachate to which it may be exposed,

(iii)   climatic conditions, and

(iv)   the stress of installation and daily operations, and

(d) placed on base materials capable of providing support and resistance to pressure gradients above and below the liner system to prevent failure due to compression, uplift or settlement.

(4) The owner of a surface impoundment must design, construct, install and maintain

(a) an approved leak detection system to detect any leaks or migration of liquid through any required liners, and

(b) an approved leachate collection system.

(5) A surface impoundment is in a non-compliance situation, with regard to groundwater quality, when analytical data from upgradient and downgradient groundwater monitoring wells for any parameters or chemical constituents are significantly different using approved statistical methods.

(6) The owner of a surface impoundment must design, construct, install and maintain a system capable of preventing surface water from entering the surface impoundment during a storm with a magnitude that is exceeded, on average, only once in 25 years.

(7) The owner of a surface impoundment must ensure that any discharge of liquid effluent to the environment, to storm sewers or to a municipal or industrial effluent treatment works from the surface impoundment meets the effluent criteria prescribed in Schedule 1.2.

(8) If particulate matter, subject to wind dispersal, is placed in a surface impoundment, the owner must cover or otherwise manage the facility to prevent dispersal by wind.

(9) The owner of a surface impoundment must during closure remove

(a) all stored waste, and

(b) any affected underlying soil to an approved depth.

[am. B.C. Regs. 132/92, s. 11; 319/2004, s. 2; 375/2008, s. 1.]

Performance standards for land treatment

32  (1) The owner of a land treatment facility must treat only wastes which are approved for treatment in that facility.

(2) The owner of a land treatment facility must design, construct, install and maintain

(a) an approved system to prevent any release of hazardous waste or leachate,

(b) an approved leak detection system to detect any leaks or migration of liquid through any required liners, and

(c) an approved leachate collection system.

(3) A land treatment facility is in a non-compliance situation, with regard to groundwater quality, when analytical data from upgradient and downgradient groundwater monitoring wells for any parameters or chemical constituents are significantly different using approved statistical methods.

(4) The owner of a land treatment facility must design, construct, install and maintain

(a) a system capable of preventing surface water from draining onto the site containing the land treatment facility, and

(b) a system to collect and control water draining from a land treatment facility

during a storm with a magnitude that is exceeded, on average, only once in 25 years.

(5) The owner of a land treatment facility must ensure that any discharge of liquid effluent to the environment, to storm sewers or to a municipal or industrial effluent treatment works which results from the facility meets the effluent criteria prescribed in Schedule 1.2.

(6) If particulate matter, subject to wind dispersal, is placed on the surface of the land treatment facility, the owner must immediately incorporate the material into the land or otherwise manage the facility to prevent dispersal by wind.

(7) Unless otherwise approved by a director, the owner of a land treatment facility must, during closing, remove

(a) all residual hazardous waste, and

(b) any affected soil to an approved depth.

[am. B.C. Regs. 132/92, s. 11; 319/2004, s. 2; 261/2006, s. 17; 375/2008, ss. 1 and 10.]

Division 8 —  Disposal in a Secure Building

Siting requirements

33  (1) A person must not locate a secure building within a wetland area or an area immediately adjacent to a wetland so that natural drainage from the secure building would flow directly into a wetland area.

(2) A person must not locate a secure building where it cannot be constructed

(a) entirely above the seasonally high water table, and

(b) with a minimum a separation depth of 3 m of unsaturated soil material with a permeability less than 1 x 10-6 cm/s above a seasonally high water table including the zone of capillary rise.

(3) A person must not locate a secure building where it would be underlain by less than 5 m of fine grained unconsolidated material with a permeability of less than 1 x 10-6 cm/s over fractured or permeable bedrock formations (e.g. sandstone, limestone, dolomite).

(4) A person must not locate a secure building within 100 m of any nonintermittent watercourse or any other permanent waterbody

(5) A person must not locate a secure building within

(a) a designated community water supply watershed, Category I, as defined in Guidelines for Watershed Management of Crown Lands used as Community Water Supplies,

(b) the Greater Victoria Water District watershed, or

(c) the Greater Vancouver Water District watershed.

[am. B.C. Reg. 375/2008, ss. 1 and 12.]

Operational requirements

34  (1) The owner of a secure building must

(a) at appropriate times during construction and installation inspect

(i)   synthetic liners to ensure tight seams and joints and the absence of punctures, blisters or tears,

(ii)   floors, walls, doors, hatches and roofs for defects, and

(iii)   clay liners for imperfections (e.g. lenses, cracks, channels)

which would increase permeability,

(b) during operation inspect weekly and immediately after any catastrophic event all floors, walls, doors, hatches, roofs and drainage control facilities, for evidence of deterioration, malfunction, leaks or improper operation, and

(c) immediately repair or correct any defects or malfunctioning works as determined by any inspections specified in paragraphs (a) and (b) so as to maintain the integrity of all works.

(2) The owner of a secure building must carry out an approved monitoring program by

(a) establishing a groundwater monitoring system with a sufficient number of wells, installed at appropriate locations (upgradient and downgradient) and depths, to yield from the uppermost aquifer groundwater samples that

(i)   represent the quality of groundwater that would not be affected by leakage, if any, from a secure building, and

(ii)   represent the quality of groundwater that would be affected by leachate, if any, from a secure building,

(b) ensuring the quality of groundwater monitoring data by

(i)   casing sampling wells with appropriate materials to ensure the integrity of the boreholes,

(ii)   preventing contamination

(A)  of any part of the well during construction, and

(B)  from the surface during operation, and

(iii)   implementing procedures for

(A)  decontamination of sampling equipment,

(B)  sample collection,

(C)  sample preservation and shipment,

(D)  sample custody, and

(E)  analytical procedures and quality assurance,

(c) selecting indicator parameters (e.g. specific conductance, pH, total organic carbon) and chemical constituents for analysis of groundwater that

(i)   provide a reliable indication of the quality of groundwater below the secure landfill from the perspective of human health hazards and environmental quality,

(ii)   reflect the physical and chemical characteristics of the waste, and

(iii)   provide a reliable indication of movement of any contaminant with groundwater flow,

(d) sampling groundwater sufficiently often to provide data that is representative of varying groundwater flow conditions, but in any case no less frequently than once every 3 months,

(e) measuring the groundwater surface elevation each time the groundwater is sampled, and

(f) reporting monitoring results at intervals specified by a director.

(3) The owner of a secure building must, as operations proceed, record in tabular and graphic form the exact location and type of hazardous waste in relation to one or more permanently secured datum points and keep this information available for inspection by an officer.

(4) The owner of a secure building must

(a) within 3 days after detecting any defects or malfunctioning works, notify a director, and

(b) within 3 days after receiving monitoring data indicating non-compliance with respect to groundwater conditions, notify a director.

[am. B.C. Regs. 319/2004, ss. 2 and 2; 375/2008, ss. 1 and 12.]

Performance standards

35  (1) The owner of a secure building must not use it to store any waste which is listed in Schedule 3.

(2) The owner of a secure building must design, construct, install and maintain an approved liner system

(a) to prevent any migration of leakage from the secure building to any subsurface soil or groundwater during the operating life and closure period,

(b) constructed of impervious materials that prevent wastes from passing into the liner during the life of the facility, and that

(i)   if composed of clay materials, is not less than 0.5 m thick, and

(ii)   if synthetic, is at least 1 mm thick,

(c) constructed of materials having appropriate chemical properties, strength and thickness to prevent failure due to

(i)   pressure gradients,

(ii)   contact with leakage to which it may be exposed, and

(iii)   stress of installation and operations, and

(d) placed on base materials capable of providing support and resistance to pressure gradients above and below the liner system to prevent failure due to compression, uplift or settlement.

(3) A secure building is in a non-compliance situation, with regard to groundwater quality, when analytical data from upgradient and downgradient groundwater monitoring wells for any parameters or chemical constituents are significantly different using approved statistical methods.

(4) The owner of a secure building must design, construct and maintain a system capable of preventing surface water from entering the secure building during a storm with a magnitude that is exceeded, on average, only once in 25 years.

(5) The owner of a secure building must ensure that any discharge of liquid effluent to the environment, to storm sewers or to a municipal or industrial effluent treatment works from the facility meets the effluent criteria prescribed in Schedule 1.2.

(6) The owner of a secure building must, before closure, prepare, to the satisfaction of a director, a post closure plan for

(a) maintaining the integrity and effectiveness of the entire structure including making repairs as necessary,

(b) maintaining and operating the groundwater monitoring system,

(c) maintaining the drainage control system, and

(d) protecting and maintaining the permanent datum points as references to locate the wastes within the facility.

(7) On completion of closure, the owner of the secure building must

(a) comply with the post closure plan approved under subsection (6), and

(b) transfer title for the property to the Crown.

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

[am. B.C. Regs. 132/92, s. 11; 319/2004, s. 23; 375/2008, ss. 1 and 12.]

Contents  |  Parts 1 to 4  |  Parts 5 to 10  |  Schedules 1 to 4  |  Schedule 5  |  Schedule 6  |  Schedule 7  |  Schedule 8