WILLMS & SHIER

Latest | Services | Lawyers | Contact
Publications | Resources | Search
Register | Comment / Subscribe | Title

ENVIRONMENTAL LAW FLASH

July 2001
Page 1 of 1

Cashing In On Red Tape For Haz Waste Generators

We commend the MOE for updating its waste registration system and seeking regular updates from generators. It is consistent with emerging practices in other jurisdictions to levy costs of waste tracking on the generators of the waste. However, Willms & Shier notes that MOE is also seeking to recover other costs of enforcement, standard setting and policy making, the Spills Action Centre and research and public education. Industry may well argue that many of these items should be paid for from general revenue.

The regulation will completely revamp the generator registration and reporting systems. Generators will be obliged to file annual reports of all quantities of subject waste generated, whether sent off site or not. Currently, reporting is only required when shipping waste offsite or storing onsite for more than 90 days.

The MOE will post the annual registration on the MOE website and no waste can be shipped offsite without the posting.

The proposed fee of $10 per tonne would apply to hazardous waste generated at the facility. According to the current MOE information release on the EBR Registry, the tonnage charge would not apply to liquid industrial waste. The proposal provides no rationale for this distinction, and Willms & Shier notes that the regulation as drafted does not contain this exemption. As drafted, the regulation would require a fee for liquid industrial waste that is hazardous waste. Generators of liquid waste should track this and seek clarification from the MOE.

No tonnage fee would be applied for hazardous waste recycled at a designated recycling facility. The MOE has given no indication of criteria for designation or how it will treat wastes recycled on site.

The tonnage fee will be payable in advance based on an MOE estimate of waste to be generated. The fee will be adjusted based on the next annual report of actual quantities generated.

The regulation is complex and difficult to work with. It is difficult to reconcile the complexity of this regulation with the Red Tape Commission's tests.

We urge our industrial and commercial clients that generate significant quantities of subject waste to consider the potential costs to them, and weigh the need for submissions to MOE. The comment period will expire on September 1, 2001.

For legal advice on the potential impact of this regulation on your business call John Willms (416) 862-4821 or Doug Petrie (416) 862-4835.

INDUSTRY FACES STRICTER REPORTING RULES AND NEW FEES ON HAZARDOUS WASTES

TORONTO - The government of Ontario is proposing to make hazardous waste generators register on an annual basis and pick up the cost of regulating their industry, Environment Minister Elizabeth Witmer announced today.

Under a proposed regulation, each company producing hazardous waste must register the type and amount produced on an annual basis with the Ministry of the Environment and pay $50 for each registration. Previously, generators were required to register only once. In addition, companies must pay $5 for each manifest used to move or ship waste off-site for disposal, and $10 for each tonne of hazardous waste sent for disposal.

"Taxpayers should not have to pay for managing hazardous wastes in this province," said Witmer. "Generators must assume their share of responsibility for the waste they produce and handle."

When implemented, the regulation will generate nearly $12 million to offset the ministry's costs for managing hazardous waste. More than 16,000 hazardous waste generators will be affected. They include large waste management companies, power producers, the chemical, oil and steel industries, and municipal, provincial and federal governments.

"This initiative is part of our government's commitment to strengthen Ontario's hazardous waste management framework," Witmer added. "Part of that commitment was a new regulation that took effect in March, 2001. It makes our hazardous waste rules the toughest in Ontario's history."

This re-registration and fee system is another step towards achieving the government's goal. Annual registration will help keep an up-to-date picture of the amounts and types of hazardous wastes being produced. The fees will act as an incentive for companies to reduce the amount of hazardous wastes they generate.

The proposed regulation will be posted Thursday, July 5th on the Environmental Bill of Rights (EBR) Registry for a 60-day public comment period. To review a copy, visit the ministry's web site at www.ene.gov.on.ca. Click on EBR, then Environmental Registry.


ENVIRONMENTAL LAW FLASH
July 2001	Page 1 of 1

Cashing In On Red Tape For Haz Waste Generators We commend the MOE for updating its waste registration system and seeking regular updates from generators. It is consistent with emerging practices in other jurisdictions to levy costs of waste tracking on the generators of the waste. However, Willms & Shier notes that MOE is also seeking to recover other costs of enforcement, standard setting and policy making, the Spills Action Centre and research and public education. Industry may well argue that many of these items should be paid for from general revenue. The regulation will completely revamp the generator registration and reporting systems. Generators will be obliged to file annual reports of all quantities of subject waste generated, whether sent off site or not. Currently, reporting is only required when shipping waste offsite or storing onsite for more than 90 days. The MOE will post the annual registration on the MOE website and no waste can be shipped offsite without the posting. The proposed fee of $10 per tonne would apply to hazardous waste generated at the facility. According to the current MOE information release on the EBR Registry, the tonnage charge would not apply to liquid industrial waste. The proposal provides no rationale for this distinction, and Willms & Shier notes that the regulation as drafted does not contain this exemption. As drafted, the regulation would require a fee for liquid industrial waste that is hazardous waste. Generators of liquid waste should track this and seek clarification from the MOE. No tonnage fee would be applied for hazardous waste recycled at a designated recycling facility. The MOE has given no indication of criteria for designation or how it will treat wastes recycled on site. The tonnage fee will be payable in advance based on an MOE estimate of waste to be generated. The fee will be adjusted based on the next annual report of actual quantities generated. The regulation is complex and difficult to work with. It is difficult to reconcile the complexity of this regulation with the Red Tape Commission's tests. We urge our industrial and commercial clients that generate significant quantities of subject waste to consider the potential costs to them, and weigh the need for submissions to MOE. The comment period will expire on September 1, 2001. For legal advice on the potential impact of this regulation on your business call John Willms (416) 862-4821 or Doug Petrie (416) 862-4835. INDUSTRY FACES STRICTER REPORTING RULES AND NEW FEES ON HAZARDOUS WASTES TORONTO - The government of Ontario is proposing to make hazardous waste generators register on an annual basis and pick up the cost of regulating their industry, Environment Minister Elizabeth Witmer announced today. Under a proposed regulation, each company producing hazardous waste must register the type and amount produced on an annual basis with the Ministry of the Environment and pay $50 for each registration. Previously, generators were required to register only once. In addition, companies must pay $5 for each manifest used to move or ship waste off-site for disposal, and $10 for each tonne of hazardous waste sent for disposal. "Taxpayers should not have to pay for managing hazardous wastes in this province," said Witmer. "Generators must assume their share of responsibility for the waste they produce and handle." When implemented, the regulation will generate nearly $12 million to offset the ministry's costs for managing hazardous waste. More than 16,000 hazardous waste generators will be affected. They include large waste management companies, power producers, the chemical, oil and steel industries, and municipal, provincial and federal governments. "This initiative is part of our government's commitment to strengthen Ontario's hazardous waste management framework," Witmer added. "Part of that commitment was a new regulation that took effect in March, 2001. It makes our hazardous waste rules the toughest in Ontario's history." This re-registration and fee system is another step towards achieving the government's goal. Annual registration will help keep an up-to-date picture of the amounts and types of hazardous wastes being produced. The fees will act as an incentive for companies to reduce the amount of hazardous wastes they generate. The proposed regulation will be posted Thursday, July 5th on the Environmental Bill of Rights (EBR) Registry for a 60-day public comment period. To review a copy, visit the ministry's web site at www.ene.gov.on.ca. Click on EBR, then Environmental Registry.