Waste Management Facilities Regulation

Waste Management Facilities Regulation, M.R. 37/2016 The Environment Act , C.C.S.M. c. E125 Regulation 37/2016 Registered February 23, 2016 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions PART 2 LICENCES AND PERMITS FOR WASTE MANAGEMENT FACILITIES 2 Licence or permit required 3 Licence application 4 Permit application 5 Decision on application 6 Term 7 Amending terms and conditions 8 Application for renewal 9 Suspension or revocation of permit 10 Reinstatement of permit PART 3 WASTE MANAGEMENT FACILITY OPERATING REQUIREMENTS 11 Application 12 Operator requirements 13 Surface water drainage 14 Leachate removal 15 Reducing noise and odour 16 Burning prohibited 17 Burning requirements 18 Burn records 19 Reporting fire at waste management facility 20 Sign 21 Operations manual 22 Documents accessible 23 Operating records 24 No liquid waste 25 Prohibitions re hazardous waste 26 Monitoring and reporting program 27 Monitoring well requirements 28 Contingency plan 29 Landfill operation requirements 30 Transfer station operation requirements 31 Composting facilities operation requirements 32 Material recovery facility operating requirements 33 Remote seasonal waste facility operating requirements PART 4 CLOSURE REQUIREMENTS 34 Preliminary closure plan 35 Final closure notification and plan 36 Deadline to start closure 37 Closure requirements 38 Completion of closure 39 Closure report 40 Post-closure requirements PART 5 MISCELLANEOUS 41 Municipalities and communities to arrange waste disposal 42 Assessment and recommendation 43 Operator must comply with notice from director 44 Technical bulletins and guidelines 45 Building restrictions near landfills 46 Duties on persons depositing solid waste 47 Requirements when large volumes of waste received PART 6 TRANSITIONAL AND REPEAL 48 Transitional — class 1 waste disposal grounds 49 Transitional — permits under former regulation 50 Transitional — material recovery facilities 51 Transitional — remote seasonal waste facilities 52 Repeal 53 Coming into force Schedule A Waste management facility permit application B Landfill requirements C Transfer station requirements D Composting facility requirements E Material recovery facility requirements F Remote seasonable waste facility requirements PART 1 INTERPRETATION Definitions 1 The following definitions apply in this regulation. "Act" means The Environment Act . («  Loi  ») "active area" means an area of a landfill or a remote seasonal waste facility that is currently being used for the deposit of solid waste. (« aire active ») "berm" means an embankment or ridge that forms a barrier. (« talus ») "building" means a structure used for residential or business purposes, other than a building used in the operation or maintenance of a waste management facility. (« bâtiment ») "bulky metallic waste" means large metallic waste that can be recycled or reused, such as motor vehicles, farm and industrial machinery, large appliances and sheet metal. (« déchets métalliques volumineux ») "cell" means an area of a landfill or a remote seasonal waste facility in which solid waste has been, or is to be, deposited. (« alvéole ») "Class 1 waste disposal ground" means a landfill that (a) receives more than 5,000 tonnes of solid waste in a year or 400 tonnes of solid waste in a 30-day period; (b) receives solid waste from outside the province; or (c) is operated by anyone other than a municipality or regional waste management authority and (i) disposes of solid waste generated by the operator, or (ii) receives solid waste generated by others for commercial purposes. (« décharge de catégorie 1 ») "Class 2 waste disposal ground" means a landfill other than a Class 1 waste disposal ground or a Class 3 waste disposal ground. (« décharge de catégorie 2 ») "Class 3 waste disposal ground" means a landfill that was the subject of an operating permit for a Class 3 waste disposal ground under the former regulation that was in effect immediately before the coming into force of this regulation. (« décharge de catégorie 3 ») "commercial composting facility" means a facility at which composting is carried out for commercial purposes, but does not include composting that is carried out at an agricultural operation in accordance with the Livestock Manure and Mortalities Management Regulation , Manitoba Regulation 42/98. (« installation commerciale de compostage ») "community" means a community continued or designated under The Northern Affairs Act . (« collectivité ») "compost" means the solid mature product resulting from composting. (« compost ») "composting" means the managed process of bio-oxidation of a solid heterogeneous organic substrate, including a thermophilic phase. (« compostage ») "composting facility" means a facility at which composting is carried out. (« installation de compostage ») "former regulation" means the Waste Disposal Grounds Regulation , Manitoba Regulation 150/91, as it read immediately before the coming into force of this regulation. (« règlement antérieur ») "groundwater" means water under the surface of the ground, whether in liquid or solid form. (« eaux souterraines ») "hazardous waste" means hazardous waste as defined in The Dangerous Goods Handling and Transportation Act . (« déchets dangereux ») "landfill" means a facility at which solid waste is disposed of by placing it on or in land, but does not include a remote seasonal waste facility. (« décharge ») "leachate" means liquid that has percolated though solid waste and contains dissolved and suspended materials from the solid waste. (« eaux de lessivage ») "licence" means a licence issued under the Act. (« licence ») "liquid waste" means waste that has a slump of more than 150 mm using the Canadian Standards Association Slump Test Method A23.2-5C. (« déchets liquides ») "material recovery facility" means a facility where comingled recyclable materials are separated, processed or where source separated recyclable materials are processed for sale. (« installation de récupération des matériaux ») "monitoring well" means a well drilled to measure groundwater levels and collect groundwater samples for analysis to determine the concentration of groundwater constituents. (« puits de surveillance ») "operator" , in relation to a waste management facility, means the holder of a licence or permit issued in respect of the waste management facility. (« exploitant ») "organic waste" means waste derived from living organisms that can be readily degraded by composting. (« déchets organiques ») "permit" means a permit issued under section 5. (« permis ») "regional waste management authority" means an authority established under The Regional Waste Management Authorities Act . (« office régional de gestion des déchets ») "remote seasonal waste facility" means a facility for the deposit of solid waste that (a) serves a population of less than 200; (b) is located in an area that does not have all-season road access; and (c) is operated for less than six months in a year. (« installation d'élimination des déchets éloignée et saisonnière ») "solid waste" means any waste in solid form, including dead animals. (« déchets solides ») "surface water" means any naturally or artificially created body of flowing or standing water that is above the surface of land, but does not include a wastewater lagoon or water in a ditch along a road or highway. (« eaux de surface ») "transfer station" means a facility at which solid waste is received and temporarily stored for the purpose of transporting it to another site for processing, recycling or disposal. (« station de transfert ») "waste management facility" means a landfill, a composting facility, a transfer station, a material recovery facility or a remote seasonal waste facility. (« installation de gestion des déchets ») PART 2 LICENCES AND PERMITS FOR WASTE MANAGEMENT FACILITIES Licence or permit required 2(1) A person must not construct, operate or modify a Class 1 waste disposal ground or a commercial composting facility except under authority of a licence. 2(2) Subject to subsection (3), a person must not construct, operate or modify a waste management facility other than a Class 1 waste disposal ground or commercial composting facility except under authority of a permit. 2(3) The holder of a licence for a Class 1 waste disposal ground does not require a permit to construct, operate or modify any other type of waste management facility on the site of the Class 1 waste disposal ground if the holder is authorized to do so under the terms and conditions of the licence. 2(4) A person does not require a licence or permit to engage in composting if (a) no more than ten cubic metres or four tonnes of organic waste accumulates at the composting site at any time; or (b) the composting is carried out on the property of an agricultural operation in accordance with the Livestock Manure and Mortalities Management Regulation . Licence application 3 An application for a licence for a Class 1 waste disposal ground or a commercial composting facility must be made in accordance with the requirements of the Act. Permit application 4(1) An application for a permit for a waste management facility other than a Class 1 waste disposal ground or a commercial composting facility must be made on a form approved by the director and include the information set out in Schedule A. 4(2) The director may require an applicant to provide any additional information that he or she considers necessary to assess the application. Decision on application 5(1) The director may (a) issue a permit and impose such terms and conditions on a permit that he or she considers necessary to protect human health and the environment; or (b) refuse to issue a permit if he or she determines that the proposed waste management facility will have a negative impact on human health or the environment. 5(2) If the director refuses to issue a permit, he or she must, within 30 days of the decision, provide written reasons for the refusal to the applicant. Term 6 A permit may be issued for a period not longer than five years. Amending terms and conditions 7 The director may amend the terms and conditions of a permit if (a) the holder requests the amendment and, in the director's opinion, the amendment is consistent with the protection of human health and the environment; or (b) in the director's opinion, the amendment is necessary to protect human health and the environment. Application for renewal 8(1) The holder of a permit may apply to the director to renew the permit on a form approved by the director. 8(2) An application for a renewal must (a) be submitted at least 90 days before the expiry of the permit; and (b) include all information required on the application form. 8(3) The director may require an applicant for a renewal to provide any additional information that he or she considers necessary to assess the application. 8(4) If an applicant complies with subsection (2) and provides any information requested by the director under subsection (3), the permit continues in force until a decision on the application is made. 8(5) The director must make a decision on an application to renew a permit in accordance with section 5. Suspension or revocation of permit 9(1) The director may suspend or revoke a permit if (a) the operator fails to comply with the Act, this regulation or a term or condition of the permit; or (b) in the director's opinion, the suspension or revocation is necessary to protect human health and the environment. 9(2) If a permit is suspended or revoked under subsection (1), the operator of the waste management facility must cease operations and close the facility until the suspension expires or the permit is reinstated. Reinstatement of permit 10 The director may reinstate a permit that was suspended or revoked under subsection 9(1) if he or she is satisfied that adequate steps have been taken to remedy the circumstances that led to the suspension or revocation. PART 3 WASTE MANAGEMENT FACILITY OPERATING REQUIREMENTS Application 11 The operator of a waste management facility must comply with all requirements of this Part unless the licence or permit for the facility specifies otherwise. Operator requirements 12(1) Subject to subsection (2), the operator of a waste management facility must (a) establish and maintain controls to minimize the escape of waste or other material from the facility and minimize the presence of animals and insects at the facility; (b) retrieve waste or other material that is washed or blown onto adjacent properties or accumulates on the facility; (c) maintain natural or artificial barriers along the perimeter of the facility to control public access and vehicle traffic onto the facility; (d) prohibit public access to the facility with a barrier, locked gate or locked access control when the facility is not open to the public; (e) operate the facility in a manner that minimizes noise and odour nuisances; (f) manage leachate so that it is not recirculated in solid waste or discharged from the facility site; and (g) prevent contamination of groundwater, surface water or soil. 12(2) Clauses (1)⁠(c) and (d) do not apply to a remote seasonal waste facility. Surface water drainage 13 The operator of a waste management facility must develop and maintain a surface water drainage network to minimize the entry of water into an active area or into areas in which waste or other material is stored or recycling occurs. Leachate removal 14 The operator of a waste management facility must not allow leachate to be removed or discharged from the facility, except with the written approval of the director. Reducing noise and odour 15 The director may, by written notice, require the operator of a waste management facility to take the steps specified in the notice to eliminate or reduce noise and odour at the facility. Burning prohibited 16 The operator of a waste management facility must not burn waste at the facility unless authorized to do so under the licence or permit issued for the facility. Burning requirements 17(1) The operator of a waste management facility who is authorized to burn specified waste at the facility must not burn waste within (a) 400 metres of a building not located on the facility site; (b) 50 metres of an active area, in the case of a landfill or a remote seasonal waste facility; or (c) 50 metres of compost or an area used to collect flammable materials. 17(2) The operator of a waste management facility who is authorized to burn specified waste at the facility must not burn waste except within (a) a burn area that is enclosed on three sides by a berm that is at least 1.8 metres high; (b) an enclosed metal burn containment vessel or cage; or (c) a container or area approved by the director. 17(3) The operator of a waste management facility who is authorized to burn specified waste at the facility must not burn waste unless (a) the area where burning occurs is graded to prevent the collection of water; (b) the burning occurs only (i) in daylight hours, unless the licence or permit restricts burning to specified hours, (ii) under constant supervision, and (iii) when wind direction and speed will prevent smoke or odour from affecting nearby roads and properties; and (c) the ashes are regularly removed from the area where burning occurs, once the ashes are completely extinguished. 17(4) When specified waste is burned at a waste management facility, the operator of the facility must extinguish all burning material at the end of each day and at any time when the burn area is not under direct supervision. Burn records 18(1) The operator of a waste management facility who is authorized to burn specified waste at the facility must keep a record of all burns at the facility that sets out (a) the date, time and duration of the burn; (b) the volume and types of waste burned; (c) the weather conditions during the burn; (d) any deviations from normal operations in respect of the burn; and (e) any complaints received respecting the burning of waste at the facility. 18(2) The operator of a waste management facility must (a) keep a burn record at the waste management facility or the premises from which the facility is managed for at least five years; and (b) produce a burn record to the director or an environment officer on request. Reporting fire at waste management facility 19 If a fire occurs at a waste management facility due to an accident, natural causes or vandalism, the operator of the facility must report the fire and the actions taken to extinguish it by phoning the Manitoba Conservation Emergency Response Team at 204-944-4888 or 1-855-944-4888 and reporting the information to the person who answers the call. Sign 20(1) The operator of a waste management facility must post and maintain a sign at the entrance to the facility that sets out (a) the name of the facility; (b) the operating hours of the facility; (c) the types of materials that may be deposited at the facility; (d) the types of materials that are not accepted at the facility; and (e) a 24-hour emergency contact telephone number. 20(2) Subsection (1) does not apply to a remote seasonal waste facility. Operations manual 21(1) The operator of a waste management facility must prepare an operations manual that includes (a) an emergency response plan; (b) waste acceptance procedures and policies; and (c) the drawings and process descriptions necessary for the safe and efficient operation of the facility. 21(2) The operator of a waste management facility must (a) review and update the operations manual at least every five years, or at an earlier time if required by the director; and (b) submit the operations manual to the director on request. 21(3) The director may, by written notice, require the operator of a waste management facility to amend the operations manual in the manner specified in the notice. 21(4) The operator of a waste management facility must operate the facility in accordance with the operations manual for the facility. Documents accessible 22(1) Subject to subsection (2), the operator of a waste management facility must keep the following documents at the facility site and ensure that the documents are accessible to every person working at the facility: (a) the licence or permit for the facility; (b) any map, design, diagram or plan referred to in the licence or permit; (c) the operations manual. 22(2) If it is not practicable to keep a document referred to in subsection (1) at the waste management facility, the operator must keep the document at the premises from which the facility is managed. 22(3) The operator of a waste management facility must produce a document referred to in subsection (1) to the director or an environment officer on request. Operating records 23 The operator of a waste management facility must (a) keep the operating records required under the operations manual for the facility or the operating records specified by the director; (b) maintain the operating records for a period of at least five years after they are made; and (c) produce the operating records to the director or an environment officer on request. No liquid waste 24 Unless authorized in writing by the director, the operator of a waste management facility must ensure that no liquid waste is deposited at the facility. Prohibitions re hazardous waste 25 The operator of a waste management facility must ensure that no hazardous waste is deposited at the facility, unless the facility is authorized to accept hazardous waste under The Dangerous Goods Handling and Transportation Act . Monitoring and reporting program 26(1) The director may, by written notice, require the operator of a waste management facility to develop a monitoring and reporting program to detect and report the release of pollutants from the facility. 26(2) The operator of a waste management facility must submit the monitoring and reporting program to the director on request. 26(3) The director may, by written notice, require the operator of a waste management facility to amend the monitoring and reporting program in the manner specified in the notice. 26(4) The operator of a waste management facility must comply with the monitoring and reporting program for the facility. 26(5) The operator of a waste management facility must report to the director on the results of all monitoring carried out at the facility under a monitoring program. 26(6) This section does not apply to material recovery facilities. Monitoring well requirements 27(1) The director may, by written notice, require the operator of a waste management facility to install and maintain monitoring wells at the facility. 27(2) The operator of a waste management facility must (a) protect each monitoring well installed for the facility from damage and keep it locked except when a sample is being taken; and (b) promptly clean, repair or replace a monitoring well that is damaged or is no longer able to produce representative groundwater samples. 27(3) The director may require the operator of a waste management facility to decommission a monitoring well that is damaged or is no longer able to produce representative groundwater samples. 27(4) This section does not apply to material recovery facilities. Contingency plan 28(1) The director may, by written notice, require the operator of a waste management facility to develop a contingency plan to be implemented in the event that a parameter in surface water or groundwater at the boundary of the facility site exceeds levels acceptable to the director. 28(2) The operator of a waste management facility must submit a contingency plan to the director if required under subsection (1). 28(3) The director may, by written notice, require the operator of a waste management facility to amend its contingency plan in the manner specified in the notice. 28(4) The operator of a waste management facility must comply with the contingency plan for the facility. Landfill operating requirements 29 In addition to the requirements of this Part, the operator of a landfill must comply with the applicable requirements of Schedule B unless the licence or permit specifies otherwise. Transfer station operating requirements 30 In addition to the requirements of this Part, the operator of a transfer station must comply with the requirements of Schedule C unless the applicable permit specifies otherwise. Composting facility operating requirements 31 In addition to the requirements of this Part, the operator of a composting facility must comply with the requirements of Schedule D unless the applicable licence or permit specifies otherwise. Material recovery facility operating requirements 32 In addition to the requirements of this Part, the operator of a material recovery facility must comply with the requirements of Schedule E unless the applicable permit specifies otherwise. Remote seasonal waste facility operating requirements 33 In addition to the requirements of this Part, the operator of a remote seasonal waste facility must comply with the requirements of Schedule F unless the applicable permit specifies otherwise. PART 4 CLOSURE REQUIREMENTS Preliminary closure plan 34(1) Subject to subsections (2) and (3), the operator of a waste management facility must submit a preliminary closure plan to the director within 12 months after the licence or permit for the facility is issued. 34(2) The operator of a waste management facility that is the subject of a permit issued before the coming into force of this regulation is not required to comply with subsection (1) while that permit is in force. However, the operator must submit a preliminary closure plan within 12 months after the permit is renewed. 34(3) The operator of a waste management facility that is the subject of a licence issued before the coming into force of this regulation must submit a preliminary closure plan to the director within 12 months after the coming into force of this regulation. Final closure notification and plan 35(1) The operator of a waste management facility must, at least six months before the permanent closure of the facility, (a) notify the director in writing of the intended closure; and (b) submit a final closure plan to the director. 35(2) The director may, by written notice, require the operator of a waste management facility to amend its final closure plan in the manner specified in the notice. 35(3) The operator of a waste management facility must close the facility in accordance with the final closure plan for the facility. Deadline to start closure 36 The operator of a waste management facility must begin closure of the facility no later than (a) in the case of a landfill or a remote seasonal waste facility, 12 months after the facility reaches its final design elevations or receives its last load of waste; (b) in the case of a transfer station, three months after the transfer station receives its last load of waste; (c) in the case of a composting facility, six months after the facility receives its last load of organic waste; or (d) in the case of a material recovery facility, three months after the facility receives its last load of material. Closure requirements 37(1) The operator of a waste management facility that is being closed must (a) remove all solid waste that is not buried at the facility and remove all finished compost, bulky metallic waste and all separated and recyclable material from the facility; (b) in the case of a landfill, apply a final clay cap compacted to a thickness of at least 0.5 metres to the surface of the active area; (c) grade the facility site to minimize the ponding of water; (d) undertake revegetation of the facility site with a minimum 15 cm layer of soil capable of supporting vegetation; or (e) in the case of a remote seasonal waste facility, apply a final cover of soil compacted to a thickness of at least 0.5 metres to the surface of the active area or an alternative cover that has been approved by the director; 37(2) Clauses (1)⁠(b), (c) and (d) do not apply to material recovery facilities. Completion of closure 38(1) Unless an extension is granted under subsection (2), the operator of a waste management facility must complete the closure of the facility no later than 12 months after the date on which closure began. 38(2) The director may extend the period within which closure of a waste management facility must be completed if the operator of the facility provides written reasons for the delay and a description of the steps satisfactory to the director that will be taken to prevent adverse effects caused by the extended closure. Closure report 39 When a Class 1, Class 2 or Class 3 waste disposal ground or a remote seasonal waste facility has been closed, the operator of the facility must submit a closure report to the director that includes (a) a description of the final cover system and the installation methods and procedures used; (b) a description of how the operator has addressed or will address (i) the final use of the site, (ii) drainage restoration, (iii) soil replacement, (iv) the final cover slopes, (v) erosion control, (vi) revegetation and conditioning of the site, (vii) subsidence remediation, (viii) the post-closure monitoring period, and (ix) environmental monitoring; and (c) an estimate of the volume of waste deposited in the facility during its operation. Post-closure requirements 40 The operator of a Class 1, Class 2 or Class 3 waste disposal ground that is closed must, during the post-closure monitoring period identified in the closure report, (a) maintain the integrity of the diversion and drainage structures and the final cover system, and repair the cover system as necessary to correct the effects of settling, subsidence, erosion or other events affecting the integrity of the cover; (b) maintain, operate and monitor any installed groundwater monitoring, leak detection, leachate collection and gas venting systems; and (c) maintain surveyed benchmarks. PART 5 MISCELLANEOUS Municipalities and communities to arrange waste disposal 41 Every municipality and community must operate a waste management facility to dispose of all residential solid waste created within its boundaries or make arrangements satisfactory to the director respecting the disposal of such solid waste. Assessment and recommendation 42(1) The director may, by written notice, require the operator of a waste management facility to provide a report prepared by a person with qualifications satisfactory to the director respecting any matter related to the construction or operation of the facility that the director considers necessary for the protection of human health and the environment. 42(2) A report referred to in subsection (1) must include (a) an assessment of the impact of the matter specified by the director on human health and the environment; and (b) any recommendations of the person preparing the report. Operator must comply with notice from director 43 The operator of a waste management facility who receives a written notice from the director under this regulation must comply with the requirements of the director set out in the notice. Technical bulletins and guidelines 44 The director may issue technical bulletins or guidelines to provide guidance on the application and interpretation of the requirements of this regulation. Building restrictions near landfills 45 A person must not construct or place a building on the site of an operating landfill or a closed or abandoned landfill, or within 400 metres of the site of an operating landfill or a closed or abandoned landfill, except with the written approval of the director. Duties on persons depositing solid waste 46(1) A person who is depositing solid waste at a waste management facility must not deposit any type of solid waste that the facility is not authorized to accept. 46(2) A person who is depositing (a) solid waste at a landfill or a remote seasonal waste facility must deposit the waste in a designated area of the facility; (b) solid waste at a transfer station must deposit the waste in a designated waste container or designated area; and (c) organic waste at a composting facility must deposit the waste at a designated collection area. Requirements when large volumes of waste received 47(1) If a report submitted by the operator of a Class 2 or Class 3 waste disposal ground in respect of the waste reduction and recycling support fund under The Waste Reduction and Prevention Act indicates that more than 4,500 tonnes of solid waste was deposited at the facility in a year, the operator must, (a) within 90 days of submitting the report, give the director a plan that sets out the steps the operator will take to ensure that the amount of solid waste deposited at the facility does not exceed 5,000 tonnes the following year, if less than 5,000 tonnes of solid waste was deposited at the facility in the year; or (b) within six months of submitting the report, apply for a Class 1 waste disposal ground licence in respect of the facility if 5,000 tonnes or more of solid waste was deposited at the facility in the year. 47(2) For the purpose of clause 11(1)⁠(b) of the Act, the operator of a Class 2 or Class 3 waste disposal ground who is subject to clause (1)⁠(b) is exempt from the requirement to hold a licence to operate a Class 1 waste disposal ground until a decision on the licence application is made. PART 6 TRANSITIONAL AND REPEAL Transitional — Class 1 waste disposal grounds 48(1) A person who, immediately before the day this regulation comes into force, holds a permit under the former regulation to operate a landfill for which a Class 1 waste disposal ground licence is required under the Act must, within one year after the day this regulation comes into force, apply for a licence in respect of the landfill. 48(2) For the purpose of clause 11(1)⁠(b) of the Act, a person who applies for a licence in accordance with subsection (1) is not required to hold a licence to operate the landfill until a decision on the application is made. Transitional — permits under former regulation 49(1) Except in cases subject to section 48, a permit issued under the former regulation that does not have a specific expiry date continues in force until (a) if the amount of solid waste received at the waste management facility exceeds 1,000 tonnes in a year but does not exceed 5,000 tonnes in a year, two years after the day this regulation comes into force; (b) if the amount of solid waste received at the waste management facility exceeds 500 tonnes in a year but does not exceed 1,000 tonnes in a year, three years after the day this regulation comes into force; or (c) if the amount of solid waste received at the waste management facility does not exceed 500 tonnes in a year, four years after the day this regulation comes into force. 49(2) A permit issued under the former regulation (a) is subject to the terms and conditions to which it was subject under the former regulation; and (b) may be suspended or revoked, and the terms and conditions of the permit may be amended, in accordance with this regulation. Transitional — material recovery facilities 50(1) The operator of a material recovery facility that is operating on the coming into force of this regulation must, within two years after the day this regulation comes into force, apply for a permit in respect of the facility. 50(2) A person who applies for a permit in accordance with subsection (1) is not required to hold a permit to operate the facility until a decision on the application is made. Transitional — remote seasonal waste facilities 51(1) The operator of a remote seasonal waste facility that is operating on the coming into force of this regulation must, within two years after the day this regulation comes into force, apply for a permit in respect of the facility. 51(2) A person who applies for a permit in accordance with subsection (1) is not required to hold a permit to operate the facility until a decision on the application is made. Repeal 52 The Waste Disposal Grounds Regulation , Manitoba Regulation 150/91, is repealed. Coming into force 53 This regulation comes into force on July 1, 2016. SCHEDULE A (Subsection 4(1)) WASTE MANAGEMENT FACILITY PERMIT APPLICATION Application requirements 1(1) Subject to subsections (2) and (3), an application for a permit in respect of a waste management facility must include the following: (a) the legal description of the area to be used for the facility; (b) a description of the service area, including the population, communities and industries, to be served by the facility; (c) the months during which the facility will be open each year; (d) a description of the types of waste to be received at the facility, the capacity of the facility for each type of waste and the methods of collection, management, processing, handling, storage, disposal, recycling, composting or transport of waste; (e) a description of any activities to be undertaken at the facility in respect of designated material under The Waste Reduction and Prevention Act ; (f) a description of any activities to be undertaken at the facility respecting the collection and handling of recyclable material; (g) if waste is to be transported to another location, the final disposal site of the waste, if known; (h) unless the director grants an exemption, a study completed by a person with qualifications satisfactory to the director that demonstrates the suitability of the proposed site for the waste management facility; (i) a map showing the existing zoning and land ownership of the area, the external access roads and haul routes to the site and the location of any buildings, surface water or water supply wells situated within two kilometres of the proposed site; (j) a diagram showing the proposed site boundaries and the internal layout, dimensions and surface water management design, including the location of any access road, active area, storage area, disposal facility, recyclable material collection area, compost processing or curing area, operator and equipment facility, fence and drainage ditch; (k) if the proposed facility is to be operated by anyone other than a municipality, community or regional waste management authority, a copy of the written consent of the municipality or community where the facility will be located; (l) one electronic copy and two printed copies of engineering plans and specifications in respect of a Class 1, Class 2 or Class 3 waste disposal ground; (m) one electronic copy and two printed copies of a design plan for all other waste management facilities; (n) proof that the applicant is the owner or lessor of the land on which the facility is located. 1(2) Clauses (1)⁠(h) and (k) do not apply to an application respecting a remote seasonal waste facility. 1(3) Clause (1)⁠(h) does not apply to an application respecting a transfer station or a material recovery facility. Additional information for Class 2 or 3 waste disposal grounds 2 In addition to the information and documents required under section 1, an application for a permit for a Class 2 or Class 3 waste disposal ground must include the following: (a) a statement of need and a business plan, or a regional impact assessment, including social, economic and infrastructure impacts, to demonstrate that the development of the facility will meet the needs of the region for the proposed lifetime of the facility; (b) a description of the cover material to be used; (c) a description of geographic and other features to limit animal and insect access to the facility; (d) information respecting the equipment to be present on the facility site for the facility operation; (e) where applicable, descriptions of the proposed (i) cell liners, (ii) any subsurface drainage systems, (iii) leachate collection and treatment systems, (iv) cell construction requirements, and (v) quality assurance and quality control procedures for the cell liner materials and liner system installation. Additional information for composting facilities 3 In addition to the information and documents required under section 1, an application for a permit for a composting facility must include the following: (a) the types of organic waste and bulking agents tobe used in composting at the facility; (b) a description of the composting method and processes, including processes for curing, blending of materials and storage; (c) a copy of the design calculations supporting the size of the composting and curing area; (d) an itemized description of the equipment to be used, including its specifications and capacities; (e) a flow diagram showing the compost operating steps; (f) design details of the composition and permeability of the operating surface to be used for receiving, processing, producing and curing compost; (g) details of the proposed end use of the compost; (h) details of the odour control and animal and insect control systems; (i) details of the storm water run-on and run-off management system, including its dimensions and capacities; (j) details of the plans for moisture control; (k) information respecting the location of the supplemental water source to be used for the composting, if necessary; (l) details of the plans for dealing with material that the composting facility is not authorized to receive. Additional information for transfer stations 4 In addition to the information and documents required under section 1, an application for a permit for a transfer station must include a description of the management of materials and types of containers to be used for the collection of waste. Additional information for material recovery facilities 5 In addition to the information and documents required under section 1, an application for a permit for a material recovery facility must include the following: (a) a list of equipment at the facility; (b) the hours when the facility will be in operation; (c) the tonnage of material to be processed at the facility; (d) the storage time onsite for processed materials and waste; (e) the storage capacity of the facility; (f) air emission controls or activities undertaken at the facility to reduce the amount of contaminants and maintain indoor air quality; (g) a summary of any other activities undertaken to limit or reduce the impact on the site of environment. SCHEDULE B (Section 29) LANDFILL REQUIREMENTS Location requirements 1 The site of a landfill at the time it is established must be at least (a) 100 metres from any railway or public road, other than the access road to the landfill; (b) 400 metres from the property boundary of any cemetery; (c) 400 metres from any potable water well; (d) 100 metres from a natural gas pipeline or an underground utility corridor; (e) 400 metres from any building; and (f) 1 kilometre from any surface water. Groundwater table 2 A landfill cell must be located on land where the seasonal high groundwater table is at least one metre below the lowest point of the cell. Flood elevation and protection 3(1) Unless authorized by the director, a landfill must be located at an elevation at which, on average, a flood is expected to occur no more than once in 100 years. 3(2) The director may, by written notice, require the operator of a landfill to provide flood protection for the flood water level specified by the director. Surface water drainage network 4 The surface water drainage network for a landfill must be designed to accommodate the peak flow rates from a one-in-25-year storm. Access roads 5 A landfill must be serviced by an all weather access road during the period it is in operation. Use of permafrost prohibited 6 The operator of a landfill must not deposit solid waste in permafrost or use permafrost as a cell liner. Operator requirements 7 The operator of a landfill must (a) provide on-site supervision at the landfill when it is open to the public; (b) compact the solid waste and cover it with a layer of soil, or another material approved by the director, compacted to a depth of at least 15 cm, (i) in the case of a Class 1 waste disposal ground, on a daily basis, and (ii) in the case of a Class 2 or Class 3 waste disposal ground, once each month or at another interval required by the director; (c) store bulky metallic waste in a designated area that is separate from the active area and above the average grade elevation of the landfill; (d) bury animal remains with a minimum of one metre of cover material within 24 hours of deposit of the remains at a landfill, or as required by an environment officer; (e) dispose of fish offal and other readily decomposable material within 24 hours by burial or otherwise manage it in a manner that does not attract animals or insects; and (f) undertake a general clean-up to confine solid waste to the smallest practicable area within the active area at least once each spring and once each autumn, or more frequently if required by an environmental officer. Fencing 8 Unless authorized in writing by the director, the operator of a landfill must enclose any active area with a fence or berm at least 1.8 metres higher than the height of the solid waste that is constructed to contain solid waste and prevent windblown scatter. Recycling bulky metallic waste 9 Unless authorized in writing by the director, the operator of a landfill must ensure that all bulky metallic waste deposited at the landfill is sent to a facility acceptable to the director for recycling. Winter construction or modification 10 Unless authorized in writing by the director, the operator of a landfill must not construct or modify a cell in the landfill between November 1 and April 30. Petroleum concentration of soil 11 The operator of a landfill must not accept or use as cover material for a cell any soil that is contaminated with a petroleum product, unless the petroleum concentration of the soil meets the requirements consistent with industrial land use set out in the most recent edition of the following publications of the Canadian Council of Ministers of the Environment: (a) Environmental Quality Guidelines ; (b) Canada-Wide Standards for Petroleum Hydrocarbons (PHC) in Soil . Buffer zone 12 The operator of a landfill must manage solid waste disposal so that the landfill site includes at least (a) 30 metres of land not used for solid waste disposal located between the toe of the berm surrounding the active area and the boundary with adjacent properties; and (b) 15 metres of land not used for solid waste disposal located between the toe of the final cap elevation and the boundary with adjacent properties. Notice of new cell 13(1) The operator of a landfill must give written notice to an environment officer at least 5 days and not more than 10 days before construction begins on a new cellat the landfill. 13(2) The operator of a landfill must not allow waste to be placed in a new cell except with the written authorization of an environment officer or the director. Education requirement for Class 1 waste disposal grounds 14(1) Commencing July 1, 2019, at all times when a Class 1 waste disposal ground is open to the public, one of the following must be present at the facility: (a) a person who has successfully completed the Landfill Operations Basics Course provided by the Solid Waste Association of North America; (b) a person who has completed a course of instruction that the director considers to be equivalent; (c) a person who holds an equivalent valid certification acceptable to the director. 14(2) Commencing July 1, 2019, the operator of a Class 1 waste disposal ground must employ at the facility (a) a person who has successfully completed the Manager of Landfill Operations Course provided by the Solid Waste Association of North America; (b) a person who has completed another course of instruction that the director considers to be equivalent; or (c) a person who holds an equivalent valid certification acceptable to the director. Education requirement for Class 2 waste disposal grounds 15 Commencing July 1, 2019, at all times when a Class 2 waste disposal ground is open and the public has access to an active area at the facility, one of the following must be present: (a) a person who has successfully completed the Landfill Operations Basics Course provided by the Solid Waste Association of North America; (b) a person who has completed a course of instruction that the director considers to be equivalent; (c) a person who holds an equivalent valid certification acceptable to the director. Education requirement for Class 3 waste disposal grounds 16(1) Commencing July 1, 2019, at all times when a Class 3 waste disposal ground is open and the public has access to an active area at the facility, one of the following must be present: (a) a person who has successfully completed the Landfill Operations Basics Course provided by the Solid Waste Association of North America; (b) a person who has completed a course of instruction that the director considers to be equivalent; (c) a person who holds an equivalent valid certification acceptable to the director. 16(2) In exceptional circumstances, the director may issue a written authorization to the operator of a Class 3 waste disposal ground that exempts the operator from complying with the requirements of subsection (1) for the period specified in the authorization.

16(3) The director may impose any terms or conditions on an authorization under subsection (2) that he or she considers appropriate. 16(4) The operator of a Class 3 waste disposal ground must comply with all terms and conditions imposed on an authorization. Restricting access at Class 2 waste disposal grounds 17 If a person who has the qualifications set out in section 15 is not present at any time after July 1, 2019 when a Class 2 waste disposal ground is open, the operator of the facility must ensure that effective measures are taken to prevent any member of the public from gaining access to an active area of the facility. Restricting access at Class 3 waste disposal grounds 18(1) If a person who has the qualifications set out in subsection 16(1) is not present at any time after July 1, 2019 when a Class 3 waste disposal ground is open, the operator of the facility must ensure that effective measures are taken to prevent any member of the public from gaining access to an active area of the facility. 18(2) Subsection (1) does not apply if the director has issued an authorization under subsection 16(2). SCHEDULE C (Section 30) TRANSFER STATION REQUIREMENTS Location requirements 1 The site of a transfer station at the time the transfer station is established must be at least (a) 30 metres from any building; (b) 30 metres from any surface water; and (c) 30 metres from any potable water well. Flood elevation and protection 2(1) A transfer station must be located at an elevation at which, on average, a flood is expected to occur no more than once in 100 years. 2(2) The director may, by written notice, require the operator of a transfer station to provide flood protection for the flood water level specified by the director. Access road 3 A transfer station must be serviced by an all weather access road during the months that it is in operation. Operator requirements 4(1) The operator of a transfer station must (a) store bulky metallic waste in an area that (i) is separate from all waste transport containers, and (ii) is above the average grade elevation of the transfer station; (b) contain all waste accepted at the transfer station site and send the solid waste to a facility that is acceptable to the director for final disposal or recycling; and (c) perform a general clean-up of the transfer station at least once in the spring and once in the autumn as well as at any other times specified by an environment officer. 4(2) The operator of a transfer station must not allow (a) petroleum-contaminated soil or dead animals to be received at the transfer station; or (b) solid waste to be buried at the transfer station. Waste transport container 5 A container used to transport solid waste to or from a transfer station must be leakproof and resist animal and insect access. SCHEDULE D (Section 31) COMPOSTING FACILITY REQUIREMENTS Location requirements 1 The site of a composting facility at the time the composting facility is established must be at least (a) 30 metres from any public road or railway, other than the access road to the facility; (b) 100 metres from any building; (c) 100 metres from any surface water; and (d) 100 metres from any potable water well. Flood elevation and protection 2(1) The elevation of a composting facility must be 0.5 metres higher than the elevation at which, on average, a flood is expected to occur no more than once in 100 years. 2(2) The director may, by written notice, require the operator of a composting facility to provide flood protection for the flood water level specified by the director. Access road 3 A composting facility must be serviced by an all weather access road during the months that it is in operation. Facility area and elevation 4 The operator of a composting facility must (a) maintain at least 30 metres of land not used for composting on the facility site between the active composting site and the boundary with adjacent properties; (b) maintain a sufficient area on the facility site to allow for curing of the compost generated on the site; and (c) locate the curing area at an elevation that is more than 0.5 metres above the seasonal high water table level. Composting and curing area requirements 5 The composting and curing area of a composting facility must (a) be underlain by (i) a minimum of 0.5 metres of clay material that has a permeability of less than 1 × 10 −7  cm/s or another material approved by the director, and (ii) a sacrificial layer with a slope to shed water; and (b) be constructed to (i) prevent impacts to groundwater, (ii) have positive drainage throughout the area, (iii) minimize ponding, (iv) control run-off and storm water, and (v) withstand daily operating requirements and equipment movement. Wastewater solids prohibited 6 The operator of a composting facility must not allow organic solids resulting from wastewater treatment processes or wastewater sludge to be received at the facility. Operator requirements 7 The operator of a composting facility must (a) manage organic waste and compost to reduce dust and airborne pollutants; (b) store cured or finished compost at the facility for no more than 18 months from maturity, except with the written approval of the director; and (c) manage organic waste, actively composting material and curing and finished composting material to control moisture content, oxygen levels, temperature and vegetative growth. SCHEDULE E (Section 32) MATERIAL RECOVERY FACILITY REQUIREMENTS Access road 1 A material recovery facility must be serviced by an all weather access road during the months that it is in operation. Vector control plan 2(1) The operator of a material recovery facility must submit a plan to control the presence of animals and insects at the facility. 2(2) The director may, by written notice, require the operator of a material recovery facility to amend the control plan in the manner specified in the notice. 2(3) The operator of a material recovery facility must implement the control plan at the facility. General clean-up 3 The operator of a material recovery facility must undertake a general clean-up to confine solid waste to the smallest practicable area within the facility area at least once each spring and once each autumn, or more frequently if required by an environmental officer. Prohibitions 4 The operator of a material recovery facility must not (a) store any material at any location other than the material recovery facility; (b) store material received at the facility outside for more than two days; (c) accept petroleum contaminated soil or dead animals at the facility; or (d) bury solid waste at the facility. Waste transport container 5 All containers used to transport solid waste to or from a material recovery facility must be leakproof and resist animal and insect access. SCHEDULE F (Section 33) REMOTE SEASONABLE WASTE FACILITY REQUIREMENTS Location 1 The site of a remote seasonal waste facility at the time it is established must be at least (a) 400 metres from the property boundary of any cemetery; (b) 100 metres from any potable water well; (c) 100 metres from a natural gas pipeline or an underground utility corridor; (d) 100 metres from any building; and (e) 150 metres from any surface water. Use of permafrost prohibited 2 The operator of a remote seasonal waste facility must not deposit solid waste in permafrost or use permafrost as a cell liner. Operator requirements 3 The operator of a remote seasonal waste facility must (a) cover solid waste with a layer of soil, or another material approved by the director, compacted to a depth of at least 15 cm once at the end of each season of operation or at an another interval required by an environment officer; and (b) undertake a general clean-up to confine solid waste to the smallest practicable area within the active area at least once each spring and once each autumn, or more frequently if required by an environmental officer. Notice of new cell 4(1) The operator of a remote seasonal waste facility must give written notice to an environment officer at least 5 days and not more than 10 days before construction begins on a new cellat the landfill. 4(2) The operator of a remote seasonal waste facility must not allow waste to be placed in a new cell except with the written authorization of an environment officer or the director.