Special Waste (Shredder Residue) Regulation

Special Waste (Shredder Residue) Regulation, M.R. 113/2003 The Dangerous Goods Handling and Transportation Act , C.C.S.M. c. D12 Regulation 113/2003 Registered July 18, 2003 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Designation of shredder residue as special waste 3 Contaminant threshold levels 4 Disposal of low concentration shredder residue 5 Screening and removal of contaminants Definitions 1 In this regulation, "Act" means The Dangerous Goods Handling and Transportation Act . («  Loi  ») "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 ») "low concentration" , in relation to shredder residue, means that the shredder residue does not contain a higher level of any contaminant set out or referred to in section 3 than the level set out or referred to in that subsection. (« faible concentration ») "operator" , in relation to a facility, means the person who owns the facility, and the person who is responsible for the facility's day-to-day management if that person is not the owner. (« exploitant ») "person" includes an individual, body corporate, partnership or unincorporated association, or a trustee or legal representative of any of them. (« personne ») "shredder residue" means the residue generated by shredding a motor vehicle, an appliance or another source of recyclable steel, after removing the reusable and recyclable materials. (« résidus de déchiquetage ») M.R. 38/2016 Designation of shredder residue as special waste 2 Low concentration shredder residue is designated as a special waste for the purposes of clause 40(1)⁠(gg) of the Act. Contaminant threshold levels 3 Low concentration shredder residue must not contain (a) more than 15 mg of lead as a leachate per litre of residue; (b) more than 15 mg of cadmium as a leachate per litre of residue; (c) more than 50 parts per million by weight of PCBs, as defined in the PCB Storage Site Regulation ; or (d) a concentration of any other contaminant that meets or exceeds the criteria for hazardous waste set out in the Classification Criteria for Products, Substances and Organisms Regulation . Disposal of low concentration shredder residue 4(1) The operator of a facility that generates low concentration shredder residue must dispose of the residue (a) by using it as intermediate cover in a Class 1 waste disposal ground approved by the director for that purpose; (b) by using it or disposing of it in another manner approved or specified by the director or an environment officer; or (c) by disposing of it at a licensed hazardous waste disposal facility in accordance with subsection 8(3) of the Act in the same manner as if the residue was hazardous waste. 4(2) Clause (1)⁠(a) does not apply to low concentration shredder residue if the operator of the facility that generates the residue does not comply with section 5. Screening and removal of contaminants 5(1) The operator of a facility that generates shredder residue must (a) develop a written protocol for minimizing the presence of contaminants including, but not limited to PCBs, mercury, lead, cadmium, and petroleum hydrocarbons, in materials received or located at the facility and shredder residue generated at it; (b) submit the protocol to the director for approval; and (c) if the director approves the protocol, implement the protocol without delay after receiving the director's approval in writing, and continue to observe the protocol, subject to any conditions the director imposes on the approval. 5(2) The operator must include in the written protocol (a) a sampling plan for determining contaminant levels in material and shredder residue, including, but not limited to, details regarding the following: (i) frequency of sampling, (ii) sampling methodology, (iii) laboratory analytical methodology, (iv) reporting of sample analysis results to the director; and (b) the proposed destination of the shredder residue. 5(3) The operator of a facility that generates shredder residue and is in operation on the day this regulation comes into force must submit the protocol for the facility on or before the 90th day after this regulation comes into force. The operator of any other facility at which shredder residue may be generated must file the protocol before any shredder residue is generated at the facility. 5(4) The director may (a) with or without conditions, approve a protocol submitted under this section; or (b) reject a protocol submitted under this section. 5(5) If the director rejects a protocol, he or she must provide reasons for the rejection. 5(6) An operator must not generate, handle or transport shredder residue except in accordance with a protocol approved by the director for the operator's facility. An operator whose protocol the director approves with conditions must observe the conditions. 5(7) Before transporting or allowing the transportation of any shredder residue for use, disposal or processing, an operator must sample and analyze all shredder residue generated at the operator's facility in accordance with the sampling plan set out in the protocol the director has approved for the operator's facility. 5(8) The operator of a facility that generates shredder residue must ensure that any residue transported from the facility is transported in a vehicle that is covered with a tarp or is otherwise contained in a manner that prevents the escape of any residue from the vehicle or container at any time during transport. 5(9) An operator must report to the director the sample analysis results for all shredder residue generated at the operator's facility in accordance with the sampling plan set out in the protocol the director has approved for the operator's facility.