Amendment to O. Reg 347 under the Environmental Protection Act Regarding the Hazardous Waste Program Fee
Regulation - LGIC
Bill or Act:
Summary of Decision:
Regulation 347, made under the Environmental Protection Act, has been amended to include a provision with respect to the Hazardous Waste Fee. The amendments would increase the tonnage component of the Hazardous Waste Fee from $10 per tonne to $20 per tonne as of January 1, 2016 and from $20 to $30 per tonne as of January 1, 2017.
August 5, 2015
Summary of Proposal:
The Ministry of the Environment and Climate Change (ministry) regulates the management of subject waste through the Environmental Protection Act ("the EPA"), and Regulation 347 (General - Waste Management) made under that act ("Regulation 347"). Subject waste includes liquid industrial waste, hazardous waste or specific treated characteristic waste. The regulatory activities include tracking the movement of such waste from generation or point of last transfer before import (for waste from out-of-province) to final destination.
There are three parties that are regulated as part of the Hazardous Waste Program:
1. Generators - those that operate waste generation facilities and collect, produce, handle or store subject wastes.
2. Carriers - those approved to transport subject waste from a generator's waste generation facility to a receiver's site.
3. Receivers - those approved to accept subject waste for disposal, treatment, processing, bulking, etc.
Ontario's Hazardous Waste Fees were implemented in 2002 through the Minister's Requirement for Hazardous Waste Fees (made December 18, 2001 under the EPA) and are paid by the generator. The intent of the Hazardous Waste Fees was to recover costs of regulating the management and disposal of subject waste. The Fees have not been updated since their implementation in 2002 and do not currently achieve full program cost recovery.
The Hazardous Waste Fees include three components:
1. Annual Registration - $50 upon submission of the initial or annual Generator Registration Report;
2. Manifest Fee - $5 per manifest completed; and
3. Tonnage Fee - $10 for every tonne of hazardous waste generated.
The ministry is proposing a regulation to amend Regulation 347 and replace the Minister's Requirement for Hazardous Waste Fees. The proposed regulation, if made, would raise the tonnage component of the Hazardous Waste Fees from $10 per tonne to $20 per tonne for hazardous waste transferred or disposed of between January 1, 2016 and December 31, 2016. The tonnage component of the Hazardous Waste Fees would be further increased to $30 per tonne as of January 1, 2017. The ministry proposes to phase the fee change in over a two year period to give hazardous waste generators time to adapt processes before the full impact of the fee change is in place.
January 1, 2016