NLR 57/05 - Waste Diversion Regulations under the Environmental Protection Act

NEWFOUNDLAND AND LABRADOR REGULATION 57/05 Waste Diversion Regulations under the Environmental Protection Act (O.C. 2005-402) (Filed July 12, 2005) Under the authority of subsection 111(1) of the Environmental Protection Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John's , July 8, 2005 . Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Designated material ban 4. Ban information 5. Publication 6. Prohibition Short title 1. These regulations may be cited as the Waste Diversion Regulations . 57/05 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Environmental Protection Act ; (b) "designated material" means a material designated by the minister under section 3; (c) "effective date" means the date stated in accordance with paragraph 4(e); and (d) "waste disposal site" means real property, a building or a structure upon which waste material is deposited and disposed of in accordance with an approval. 57/05 s2 Back to Top Designated material ban 3. The minister may, for a specified area of the province or a part of the province, designate a material as a designated material that is banned from disposal into one or more waste disposal sites. 57/05 s3 Back to Top Ban information 4. (1) Where the minister makes a designation under section 3, that designation shall (a) be in writing; (b) describe the banned designated material; (c) describe the area to which the designated material ban applies; (d) indicate the waste disposal sites that shall not accept the banned designated material for disposal; and (e) state the date upon which the designated material ban will come into effect. (2) The minister may vary or revoke a designation made under section 3 and paragraphs (1)(a) to (e), with the necessary changes, shall apply to that variation or revocation. 57/05 s4 Back to Top Publication 5. A designated material ban and a variation or revocation of that ban made under these regulations shall be published in a newspaper in general circulation in the area covered by that ban, variation or revocation not fewer than 15 days before the effective date of that ban, variation or revocation. 57/05 s5 Back to Top Prohibition 6. (1) A person in an area shall not dispose of a designated material into a waste disposal site after the effective date of a ban on the disposal of that designated material for that area. (2) A person responsible for a waste disposal site shall not allow a designated material to be disposed of at that site after the effective date of a ban on the disposal of that designated material into that site. 57/05 s6