PCB Storage Site Regulation

PCB Storage Site Regulation, M.R. 474/88 The Dangerous Goods Handling and Transportation Act , C.C.S.M. c. D12 Regulation 474/88 Registered November 14, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions and Application 2 Effective dates 3 PCB waste at storage sites only 4 Aggregate quantity, volume or weight 5 Requirements for all storage sites 6 Requirements for medium storage sites 7 Requirements for large storage sites 8 Maintenance and inspection 9 Labelling requirements 10 Information to be provided 11 Maintenance of books and records 12 Reporting requirements 13 New storage sites 14 No disposal without authorization Definitions and Application 1(1) In this regulation, "PCB" means a chlorobiphenyl that has the molecular formula C 12 H 10 -n C1 n in which "n" is greater than 2; (« BPC ») "PCB equipment" means a manufactured item that contains, contained, or is contaminated with a PCB liquid or a PCB solid and includes a container; (« équipement contenant des BPC ») "PCB liquid" means a liquid containing more than 50 parts per million by weight of PCB; (« liquide contenant des BPC ») "PCB solid" means a material or substance, other than a PCB liquid, that contains or is contaminated with PCB at a concentration greater than 50 parts per million by weight; (« solide contenant des BPC ») "PCB waste" includes a PCB liquid, a PCB solid or a piece of PCB equipment that is taken out of service for the purpose of disposal; (« déchets contenant des BPC ») "storage site" means a site or location that is used for the storage of PCB waste. (« lieu d'entreposage ») 1(2) This regulation does not apply to PCB waste in domestic quantities as defined in the Act. 1(3) The powers of the director under section 13 of the Act are not subject to, nor limited by, this regulation. Effective dates 2 This regulation comes into force on filing except: (a) clauses 5(2)⁠(g), 6(2)⁠(i) and (j), 9(e) and subsection 7(2) come into force 30 days after this regulation comes into force; (b) clauses 6(2)⁠(e) and (f), 5(2)⁠(c), (e) and (f), and 9(a), (b), (c) and (d) come into force 90 days after this regulation comes into force; and (c) clauses 6(2)⁠(a) and (b) come into force 180 days after this regulation comes into force. PCB waste at storage sites only 3 No person shall store PCB waste except at a storage site. Aggregate quantity, volume or weight 4 Where more than one storage site is situated on a piece of property or on adjacent pieces of property and the sites are owned or operated by or on behalf of the same person, the quantity, volume or weight of PCB, PCB liquids or PCB solids, for purposes of subsection 5(1), 6(1) or 7(1), is the aggregate amount stored at all the storage sites. Requirements for all storage sites 5(1) This section applies to a storage site that contains (a) PCB in a quantity exceeding 1 kilogram; (b) PCB liquids of an aggregate volume greater than 5 litres; or (c) PCB solids of an aggregate weight greater than 5 kilograms. 5(2) An owner or operator of a storage site shall ensure: (a) that access to the storage site is controlled so as to prevent entry by unauthorized persons; (b) that equipment or material that is not used for the handling of PCB waste is not stored in or allowed to enter the storage site; (c) where PCB liquid is stored outside of a building or an enclosed area, that the container of PCB liquid is covered with a waterproof roof or cover that extends beyond the curbing or sides; (d) that a container holding a PCB solid, PCB light ballast, drained PCB container or drained PCB equipment, where these are stored outside of a building or an enclosed area, are structurally sound and sealed from the weather; (e) where a drum is used to contain a PCB solid, that the drum (i) is not of a capacity greater than 205 litres, (ii) is made of steel having a gauge of at least 18, (iii) has a securely attached and removable steel lid and a gasket made of PCB resistant material, and (iv) is painted to prevent rusting; (f) where a drum is used to contain a PCB liquid, that the drum (i) is not of a capacity greater than 205 litres, (ii) is a closed double-bung drum made of steel having a gauge of at least 16, and (iii) is painted to prevent rusting; (g) that materials, such as sorbent or solvents, for the clean-up of liquids or solids are available for use at all times at the storage site; and (h) that an inert absorbent in a quantity sufficient to contain minor leakage is placed in the bottom of each container holding PCB equipment. Requirements for medium storage sites 6(1) This section applies to a storage site that contains (a) PCB in a quantity exceeding 1 kilogram; (b) PCB liquids of an aggregate volume greater than 100 litres; or (c) PCB solids of an aggregate weight greater than 100 kilograms. 6(2) An owner or operator of a storage site to which this section applies shall ensure: (a) that the floor or other surface area, whether indoors or outdoors, on which PCB liquid or undrained PCB equipment other than fluorescent lighting ballasts is stored, (i) is constructed of steel, concrete or other durable material, and (ii) has curbing or siding sufficient to contain at least twice the volume of the PCB liquid contained in the largest item of PCB equipment on the site or 25% of the volume of all the PCB liquid on the site, whichever is the greater; (b) where a floor or other surface area, or curbing or siding attached to a floor or other surface area, is capable or absorbing PCB, that the floor, surface area, curbing or siding is sealed with a durable PCB resistant coating; (c) that floor drains, sumps or other openings in the floor or other surface area are closed and sealed to prevent the escape of liquid; (d) that PCB waste is segregated from other chemicals kept in storage and, in the case of solvents and other flammable materials, is segregated by means of a fireproof barrier or adequate space separation; (e) where the storage site is an indoor storage site with a mechanical exhaust system, that it is equipped with heat or smoke sensory controls to stop the ventilation fan and to close the intake and exhaust dampers of the fan in the event of a fire; (f) that containers of PCB waste and PCB equipment, other than transformers on skids, are placed on pallets; (g) subject to (i), that containers of PCB waste are stacked and located in a manner that enables access to permit inspection from all sides; (h) that drums of PCB waste on pallets and containers that are designed for stacking are not stacked more than two high and are placed in storage in a manner that enables access to permit inspection from all sides; (i) that a fire control and an emergency procedures plan that is approved by the local fire department is in effect; and (j) that the local fire department is provided with a copy of any report submitted under section 12. Requirements for large storage sites 7(1) This section applies to a storage site that contains (a) PCB liquids of an aggregate volume greater than 10,000 litres; or (b) PCB solids of an aggregate weight greater than 10,000 kilograms. 7(2) Where a storage site to which this section applies is located inside a building or an enclosed area, the owner or operator of the site shall ensure that the storage site is equipped with a continuously monitored fire alarm system and portable or flood type fire extinguishers. Maintenance and inspection 8 An owner or operator of a storage site shall: (a) know and understand current PCB waste management procedures and the use of personal protection equipment and clean-up techniques; (b) inspect the storage site on a monthly basis and in particular shall, on a monthly basis, inspect PCB equipment, the floors, drains and drainage systems of the storage site, the fire prevention apparatus, the personal protection equipment and the security fences; (c) immediately repair the storage site and replace damaged or defective parts of the storage site as may be required from time to time; and (d) immediately repair a container or piece of equipment that is found to be leaking PCB and immediately clean up contaminated areas. Labelling requirements 9 An owner or operator of a storage site shall ensure: (a) that capacitors containing one kilogram or more of PCB shall be labelled with either Environment Canada's serialized black and white "PCB CAUTION" label measuring 76 mm by 76 mm, or a reasonable alternative; (b) that electrical transformers, electromagnets and other equipment containing PCB in a concentration exceeding 1% are labelled with either Environment Canada's serialized black and white "ATTENTION PCB" label measuring 150 mm by 150 mm, or a reasonable alternative; (c) that equipment containing PCB in a concentration exceeding 50  parts per million by weight but not greater than 1% are labelled with either Environment Canada's "Warning Label for PCB-Contaminated Equipment" or a reasonable alternative; (d) that drums containing PCB or material containing PCB in a concentration exceeding 50 parts per million by weight are labelled with a black and white "ATTENTION PCB" label measuring 150 mm by 150 mm or a reasonable alternative; and (e) that all doors to the storage site, all fencing and other security barriers enclosing the storage site are labelled with a black and white "ATTENTION PCB" label measuring 150 mm by 150 mm, or a reasonable alternative. Information to be provided 10(1) An owner or operator of a storage site shall provide the following information with respect to the storage site: (a) where the storage site is located in the City of Winnipeg or other municipality, the civic address of the storage site; (b) with respect to a storage site to which clause (a) does not apply, the legal description of the property on which the storage site is located; (c) the name and mailing address of the storage site owner and, where the operator of the storage site is not the owner, of the storage site operator; (d) the name and telephone number of one or more individuals who can be contacted on a regular basis at the storage site and who is or are authorized to provide information that is required under this regulation; and (e) a brief description of (i) the building in which PCB waste is stored, (ii) the size of the property that is used for the storage site, (iii) the precise location of PCB waste at the storage site, (iv) the container storage method used, (v) the spill containment features in place at the site, (vi) the security measures in place at the site, (vii) the fire detection systems in place at the site, and (viii) any other matter that pertains to the safe and secure storage of PCB waste. 10(2) An owner or operator of a storage site shall provide the following information with respect to PCB waste at the site: (a) with respect to a PCB liquid in a container, (i) the number and type of the container, (ii) the amount of PCB liquid, by volume, in the container, and (iii) subject to subsection (3), the concentration of PCB in the container; (b) with respect to a PCB solid in a container, (i) the number and type of the container, (ii) a description of the contents of the container, and (iii) the concentration of PCB in the PCB waste in the container where the concentration can be ascertained without breaking the seal of the container; (c) with respect to a PCB solid or a piece of PCB equipment not in a container, (i) a description of the piece of PCB equipment, including nameplate information, (ii) the volume of PCB liquid remaining in the piece of PCB equipment, (iii) subject to subsection (3), the concentration of PCB in the PCB liquid remaining in each piece of PCB equipment, (iv) subject to subsection (3), where the piece of PCB equipment is drained of PCB liquid, the concentration of PCB in the PCB liquid last contained in the PCB equipment, (v) a description of the method of storage of PCB liquids, PCB solids and PCB equipment. 10(3) For purposes of clauses (2)⁠(a)⁠(iii), (2)⁠(c)⁠(iii) and (2)⁠(c)⁠(iv), where the concentration of PCB is unknown for PCB waste that consists of PCB liquids or that consists of uncontained PCB solids, an owner or operator may submit the best information that is available and shall make arrangements to have the concentration determined within 60 days of the date of the submission of the information. Maintenance of books and records 11 An owner or operator of a storage site shall maintain books and records in which the owner or operator shall record (a) the information required under section 10; (b) with respect to each item of PCB waste that is stored at the site after the effective date of this regulation, (i) the date of receipt of the item, (ii) a description of the item, including the nameplate description, serial number, PCB registration number and quantity of the item, (iii) the condition of the item on the date of receipt, (iv) the source of the item, (v) the name of the carrier of the item to the site, and (vi) the name of the individual who accepted receipt of the item at the site; (c) with respect to an item of PCB waste that is removed from the site, (i) the date of removal of the item, (ii) a description of the item, including the nameplate description, serial number, PCB registration number and quantity of the item, (iii) the condition of the item at the time of removal, (iv) the name of the carrier that removed the item, (v) the destination of the item, and (vi) the name of the individual authorizing the removal and transport of the item; and (d) reports of monthly inspections and action, if any, that is taken under clauses 8(b), (c) or (d). Reporting requirements 12(1) Subject to subsection (2), an owner or operator of a storage site shall submit to the director, (a) subject to subsection (2), within 30 days after this regulation comes into force, a copy of the records kept in accordance with section 10; (b) a copy of the records in accordance with section 10 within 30 days of the establishment of a new storage site; and (c) twice in each year on, or within a 7 day period following, January 1 and July 1, a copy of the records kept in accordance with clauses 11(b) and (c). 12(2) Clause (1)⁠(a) does not apply to an owner or operator of a storage site who has complied with an order of the director made under section 13 of the Act that requires similar information. New storage sites 13 No person shall, after the effective date of this regulation, establish a storage site without the written approval of the director. No disposal without authorization 14 No person shall dispose of PCB waste without a prior written authorization from the director.