Waste Resource Management Regulations

c t ENVIRONMENTAL PROTECTION ACT WASTE RESOURCE MANAGEMENT REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to August 10, 2019. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Environmental Protection Act Waste Resource Management Regulations Section 1 c ENVIRONMENTAL PROTECTION ACT Chapter E-9 WASTE RESOURCE MANAGEMENT REGULATIONS Pursuant to section 25 of the Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9, Council made the following regulations: 1. Definitions In these regulations (a) “Act” means the Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9; (b) “active area” means any area used for transfer, storage, disposal, separation, processing or treatment of compostable material including the tipping area, the composting area and the curing pad; (c) “active composting area” means any area used for the initial active phase, distinguished by a rapid increase in composting temperature to 55 degrees celsius or higher, of in-vessel composting or open windrow composting; (d) “approval” means Ministerial approval pursuant to section 2; (e) “backyard composting” means the composting at a residential dwelling site of organic waste, including grass clippings, leaves or food waste, where (i) the waste is generated by the residents of the dwelling unit or neighbouring dwelling units or both, and (ii) the annual production of compost does not exceed 60 cubic metres; (f) “biosolids” means organic materials which originated as settled matter in facilities treating municipal or industrial liquid wastes and may be used as feedstock for composting operations; (g) “CCME Guidelines” means the Canadian Council of Ministers of the Environment document “Guidelines for Compost Quality” dated March 1996 as amended from time to time; (h) “Canadian Environmental Quality Guidelines” means the Canadian Council of Ministers of the Environment document “Canadian Environmental Quality Guidelines” dated 1999 as amended from time to time; (h.1) “carrier” means a carrier that is authorized under the laws of Canada or a province to transport hazardous waste; (i) “compost” means a product of composting which is used or sold for use as a soil amendment, artificial topsoil or growing medium or for some other application to land in accordance with these regulations; c t Current to: August 10, 2019 Page 3 Environmental Protection Act Waste Resource Management Section 1 Regulations (j) “compostables” means (i) food scraps including meat, fish, dairy products and bones, (ii) paper food wrap, (iii) boxboard containers and packaging, (iv) all non-recyclable paper products including, but not limited to, paper towels, paper tubes, paper plates, construction and poster paper, and wax paper, (v) leaves and yard waste, and (vi) any other material that is biodegradable and organic. (k) “composting” means the biological decomposition of organic materials, substances or objects under controlled circumstances to a condition sufficiently stable for nuisance-free storage and safe use in land applications; (l) “composting area” means an area where organic material undergoes the rapid initial stage of composting; (m) “composting facility” means a waste resource management facility where composting occurs; (n) “compostable organic material” means vegetative matter, food processing waste, landscaping, garden and horticultural wastes, kitchen scraps, food processing wastes, and other organic wastes which can be readily composted in composting facilities; (o) “corporation” means the Island Waste Management Corporation constituted pursuant to section 18 of the Act; (p) “C & D debris” means materials not of a hazardous nature which are normally used in the construction of buildings, structures and walls, and other landscaping materials, and includes but is not limited to asphalt roofing materials, brick, mortar, drywall, plaster, cellulose, fibreglass fibres, gyproc, lumber and wood, but excludes (i) chemically treated lumber and wood, or (ii) lumber or wood covered in a protective coating containing concentrations of lead that does not pass a lead leachate test; (q) “C & D disposal site” means a construction and demolition debris disposal site used for the disposal of C & D debris; (r) “curing area” means an area where organic material that has undergone the rapid initial stage of composting is further stabilized into a mature finished compost; (s) revoked by EC163/04; (t) “food waste” means (i) any residual vegetative waste other than leaf and yard materials or woody materials, (ii) residual waste of animal origin including meat, fish, bones, carcasses or shells but not including manure, and (iii) biosolids from residential, industrial, commercial or institutional sources; (u) “foreign matter” means any matter resulting from human intervention and made of organic or inorganic components including metal, glass and synthetic polymers that may be present in compost but foreign matter does not include mineral soils, woody material, and rocks; (u.1) “generator” means a person who has possession of hazardous waste, other than household hazardous waste, immediately before the hazardous waste is transported; (v) “hazardous waste” means any waste material that Page 4 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 1 (i) contains a toxic substance specified in the list of Toxic Substances pursuant to the Environmental Protection Act (Canada) Interprovincial Movement of Hazardous Waste Regulations, or (ii) has been listed as a hazardous substance pursuant to the Transportation of Dangerous Goods Act (Canada) or any regulations made pursuant to that Act; (w) “hazardous waste management facility” means a facility or place operated for the purpose of treatment, disposal, recycling, reclamation, or storage of hazardous waste; (x) “industrial waste” means garbage, refuse, sludge, rubbish, tailings debris, litter and other discarded materials resulting from industrial or commercial activities requiring approval under section 9 of the Act; (y) “in-vessel composting” means any composting method in which composting materials are contained in an enclosed reactor, vessel or building and which utilizes forced ventilation with treatment of ventilation air for odour reduction; (z) “landfill” means a facility for the disposal of remaining waste; (aa) “leachate” means the fluid captured above the flexible membrane liner of a landfill; (bb) “leaf and yard waste” means vegetative matter resulting from gardening, horticulture, landscaping or land clearing operation, including materials such as tree and shrub trimmings, plant remains, grass clippings, leaves, trees and stumps, but excluding contaminated organic matter; (cc) “lifespan” means the period of time in which a landfill, composting facility, or C & D disposal site is in active operation plus any subsequent period during which effects monitoring is required; (dd) “manifest form” means the manifest form as set out in Schedule D of these regulations; (ee) “open windrow composting” means composting in which compostable organic material is open to the atmosphere during the composting process and includes windrow composting in a building but where there is no treatment of ventilation air for odour reduction; (ee.1) “receiver” means a person who is in the business of receiving hazardous waste from a generator, waste-generating facility or a carrier; (ff) revoked by EC691/09; (gg) “remaining waste” means any solid waste material that is not a compostable or recyclable material and includes, but is not limited to (i) toothbrushes and toothpaste tubes, (ii) glass dishes, (iii) ceramics, (iv) light bulbs, (v) pens, pencils, and crayons, (vi) plastic food wrap, (vii) vinyl, leather, and textiles, (viii) plastic or metal cutlery, (ix) styrofoam, (x) plastics #6 and #7, (xi) foil liners and bags, and (xii) fly ash and boiler ash produced by the PEI Energy Systems plant; c t Current to: August 10, 2019 Page 5 Environmental Protection Act Waste Resource Management Section 2 Regulations (gg.1) “special waste” includes (i) asbestos-containing material with asbestos fibres or asbestos dust in a concentration greater than 1% by weight, (ii) metal-containing soils that pass a leachate test, (iii) hydrocarbon-contaminated soils, (iv) sharps such as needles, broken glass and other sharp objects capable of causing cuts or punctures, (v) burnable waste from ships and aircraft from outside the province, (vi) oil-soaked materials, (vii) diseased potatoes from testing laboratories, (viii) empty ammonium nitrate fertilizer bags, (ix) screenings from a waste treatment plant, (x) non-hazardous laboratory waste, (xi) creosoted or pressure-treated material, including (A) chemically treated lumber and wood, and (B) lumber or wood covered in a protective coating containing concentrations of lead that does not pass a lead leachate test, (xii) biomass wet with a solvent, (xiii) absorbent materials and clothing contaminated with human or animal blood, tissue or bodily fluids produced from (A) surgical, medical or veterinary procedures in hospitals, medical centers or clinics, or veterinary hospitals or clinics, or (B) body-piercing procedures in tattoo or body-piercing establishments, (xiv) any other waste or material that in the opinion of the Minister is appropriate for disposal as special waste; (gg.2) “waste-generating facility” means an industry, factory, commercial business or institution, including a school or hospital, or other place where hazardous waste, other than household hazardous waste, is generated; (hh) “waste incinerator fly ash” means the finely-divided particulate matter, generated by the combustion of municipal solid waste, which is captured for disposal; (hh.1) revoked by EC576/04. (EC691/00; 529/01; 163/04; 576/04; 691/09; 484/14) DISPOSAL OF WASTE 2. Prohibition (1) No person shall dispose of (a) remaining waste; (b) compostable material; or (c) revoked by EC691/09; (d) special waste, except at the appropriate landfill or composting facility approved to accept each of these materials pursuant to these regulations. Page 6 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 2 Prohibition, C & D disposal sites (2) Subject to section 59, no person shall dispose of C & D debris except at a C & D disposal site operated in accordance with these regulations. Approval, landfill, etc. (3) No person shall own, construct, manage, operate, alter or modify (a) a landfill; (b) an ash disposal site; or (c) a composting facility which can process more than 60 cubic metres of compost annually except where (d) approval for the undertaking has been obtained from the Minister; and (e) a permit authorizing the undertaking has been issued to the person by the Minister. Approval, C & D disposal sites (4) Subject to section 59, no person shall own, construct, manage, operate, alter or modify a C & D disposal site except where (a) approval for the undertaking has been obtained from the Minister; and (b) a permit authorizing the undertaking has been issued to the person by the Minister. Farm composting (5) Clause (1)(b) does not apply to composting undertaken in accordance with normal farm practices and Codes of Practice established pursuant to the Farm Practices Act R.S.P.E.I. 1988, Cap. F-4.1. Prohibition - waste incinerator fly ash (6) No person shall dispose of waste incinerator fly ash except at an approved hazardous waste management facility. Fee & revocation of permit (7) The Minister may (a) charge an annual fee for any approval or permit sought pursuant to this section; and (b) revoke, at any time, any permit issued pursuant to this section where, in the opinion of the Minister, the person to whom the permit is issued is not in compliance with these regulations. (EC691/00; 50/01; 163/04; 691/09) 2.1 Requirements (1) No carrier, receiver, generator or person who operates a waste-generating facility shall transport hazardous waste off the site at which it was produced, unless the carrier, receiver, generator or person who operates a waste-generating facility (a) is registered and issued a provincial registration number under subsection (4); and (b) completes a manifest form, as set out in Schedule D of these regulations, prior to transporting the hazardous waste off the site at which it was produced. c t Current to: August 10, 2019 Page 7 Environmental Protection Act Waste Resource Management Section 3 Regulations Application (2) A carrier, receiver, generator or person who operates a waste-generating facility who wishes to be registered for the transport of hazardous waste off the site at which it was produced, shall (a) apply to the Minister to be registered on the form approved by the Minister; and (b) pay the fee of $100. Information (3) An applicant under subsection (1) shall provide such other information as the Minster may require and shall keep the Minister informed of any changes of address or other pertinent information. Provincial ID number (4) The Minister may register and issue a provincial registration number to an applicant under this section. Requirements (5) Every carrier, receiver, generator or person who operates a waste-generating facility shall (a) retain a copy of the manifest form, completed pursuant to subsection (1), for at least two years, for every shipment of hazardous waste transported or received by the carrier, receiver or person who operates a waste-generating facility; (b) send or cause to be sent a copy of the original manifest form, completed pursuant to subsection (1), to the department responsible for the environment in the originating province and to the destination province of the hazardous waste; and (c) ensure that any copies of a manifest form that are required to be retained or sent to a department under this subsection are complete and show all of the information contained in the original manifest form completed pursuant to subsection (1). Application of subsection (1) (6) Subsection (1) does not apply to a carrier, receiver, generator or person who operates a waste-generating facility in respect of the transportation of hazardous waste off the site at which it was produced if the carrier, receiver, generator or person who operates a waste-generating facility (a) transports the hazardous waste to a destination outside the province for recycling; and (b) holds an applicable permit of Equivalent Level of Safety issued by Environment Canada. (EC163/04; 576/04) REMAINING WASTE LANDFILL 3. Application for approval Applications for an approval to construct or operate a landfill shall be accompanied by (a) a report detailing information required by sections 4 to 30 of these regulations; (b) any other supporting documentation the Minister may require. (EC691/00) Page 8 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 4 LANDFILL DESIGN AND CONSTRUCTION 4. Minimum standards (1) All of the components, systems, and features of every landfill shall be (a) designed to function over the lifespan of the landfill; and (b) of a demonstrable technology. Alternative technology (2) Alternatives to the landfill components, systems, and features described in these regulations may be employed where they are based on improved technologies or on changing waste characteristics. Alternative design (3) Where the corporation proposes an alternative design to the minimum standard, it shall be the responsibility of the corporation to demonstrate to the satisfaction of the Minister that the proposed alternative design is capable of achieving an equivalent or higher level of protection than the minimum standards. (EC691/00) 5. General landfill requirements All landfills shall be designed to incorporate the components, systems, and features required by sections 6 to 30. (EC691/00) LANDFILL LINER SYSTEM 6. Bearing capacity (1) The subbase of the landfill liner system shall be composed of material of sufficient bearing capacity to support the material to be placed above it during the lifespan of the landfill. Insufficient bearing capacity (2) Where material is encountered in the subbase which does not meet the bearing capacity, the material shall be excavated and replaced by the corporation with appropriate structural fill material of sufficient bearing capacity. (EC691/00) 7. Compacted clay liner component (1) Every compacted clay liner component of the landfill liner system shall (a) be protected during and after construction from damage due to frost, desiccation, over-hydration, differential movement and impact; (b) be no less than 1,000 mm in depth; (c) be placed in uniform, horizontal lifts of approximately 150 mm maximum loose thickness and constructed to ensure that the minimum hydraulic conductivity of the compacted soil is 1 x 10-7 cm/sec or less; and (d) be installed in accordance with the requirements set out in Schedule C. Testing (2) The corporation shall submit test results to the Department in order to ensure the compacted clay liner meets the requirements of subsection (1). c t Current to: August 10, 2019 Page 9 Environmental Protection Act Waste Resource Management Section 8 Regulations Cost of testing (3) The testing required by subsection (2) shall be (a) undertaken by a testing agency approved by the Minister; and (b) paid for by the corporation. Modification (4) The compacted clay liner may be modified, if required, with an admixture such as bentonite clay in order to achieve the required hydraulic conductivity. Uniform conductivity (5) Where a compacted clay liner is modified pursuant to subsection (4), the hydraulic conductivity shall be uniform throughout the entire thickness of the soil. (EC691/00) 8. Flexible membrane liner component The flexible membrane liner component of the compacted clay liner shall be (a) manufactured of a high density polyethylene of a minimum 80 mil thickness; and (b) installed in accordance with the conditions set out in Schedule C. (EC691/00; 529/01) 9. Leachate collection system The leachate collection system shall (a) be able to convey all of the leachate to a common point for treatment as required; (b) have a hydraulic conductivity of 1 x 10-3 cm/sec or greater; (c) be sloped so that it can adequately drain the leachate; (d) be provided with adequate protection above the leachate collection system to prevent clogging of the leachate collection system; and (e) not exceed a depth of 300 mm or less of leachate head on all portions of the liner, excluding the leachate sumps, during routine operations. (EC691/00) 10. Standards for components (1) The various components of a leachate collection and removal system shall (a) be chemically compatible with the anticipated waste and leachate characteristics; (b) provide access for inspection, monitoring flow, monitoring head, controlling flow and cleaning; (c) maintain integrity under both dynamic and static loading events for all phases of landfill development; (d) contain geosynthetic fabrics that are specified on the basis of calculations which incorporate the leachate generation and flow rates anticipated to occur during the operating and post-closure phases of the facility; and (e) be designed to prevent the passage of fines in the leachate collection and piping systems as well as to mitigate or eliminate the effects of any material capable of reducing the hydraulic flow capacity of the leachate collection and piping systems. Recirculation (2) Recirculation of leachate shall be limited to emergency operations and shall be in accordance with the provisions of a contingency plan approved by the Department. Page 10 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 11 Alarms (3) Tanks, sumps, or other storage units associated with leachate collection and removal systems shall be equipped with high-level alarms. (EC691/00) 11. Standards for collection pipes Collection pipes shall (a) be a minimum of 150 mm diameter DR35 PVC having 12 mm perforations at the four and eight o’clock positions with perforations spaced a maximum of 150 mm center to center; (b) not require solvent welding; (c) where the collection pipes penetrate liners, be designed to prevent leakage and accommodate landfill settlement; (d) be designed to carry the peak leachate flow and shall have a minimum slope of 1% and a minimum flow velocity of 0.3 m/s; (e) have sufficient wall thickness and bedding to accommodate all static and dynamic loads incurred during construction and operation; (f) where the collection pipe is a perforated (lateral) collector pipe, have a minimum spacing of 45 m within any tributary cell area; (g) where the collection pipe is an unperforated primary (main) collector pipe, be provided with manholes at (i) a maximum of 150 m spacing, (ii) at changes in direction and grade, and (iii) at junctions with secondary collector pipes from all tributary cell areas; (h) be installed with a drop of 300 mm between a secondary collector pipe entering a manhole and the primary collector pipe; and (i) be installed with a minimum drop of 50 mm across primary flows through manholes. (EC691/00) 12. Standards for manholes All manholes shall (a) be a minimum of 1.2 m in diameter with precast and benched bases and inlet and outlet holes precast and gasketed; (b) have lifting holes grouted and joints sealed with gaskets; (c) be provided with a cast iron cover and frame grouted to the manhole top; (d) where the manhole is over 2 m in depth, be fitted with galvanized steel ladders; (e) extend 150 mm above the finished grade. (EC691/00) 13. Pump stations (1) Pump stations may be used to extract or transfer leachate where (a) gravity systems are not feasible; and (b) the use of a pump station has been approved by the Department. Standards for pump stations (2) Where a pump station has been approved pursuant to subsection (1), the pump station shall c t Current to: August 10, 2019 Page 11 Environmental Protection Act Waste Resource Management Section 14 Regulations (a) be designed so as to limit unnecessary perforation of liners by collector pipes or forcemains; (b) be equipped with intrinsically safe or explosion proof equipment; (c) be equipped with manually initiated two speed fans to ventilate wet walls, accessible for maintenance purposes; (d) be mechanically ventilated at 5 volume changes per hour and 10 volume changes per hour on high speed; (e) meet the requirements of the Environmental Protection Act Sewage Disposal Regulations (EC298/97); (f) be designed to prevent overflow of leachate during station failure; (g) be installed in a lined excavation; (h) have a chamber that is pressure tested to twice the maximum achievable leachate level if the pump station is lying outside of the fill material and liner; (i) be constructed of materials that are corrosion resistant or readily replaceable for all infrastructure exposed to leachate or leachate gases; and (j) have forcemains of plastic materials such as PVC or polyethylene with a wall thickness capable of withstanding anticipated pressures, with joints tested for leaks at twice the maximum surge pressure before the forcemain is put into place. (EC691/00) 14. Cushion layer (1) A minimum 450 mm thick cushion layer shall be placed above the leachate collection layer. Separation (2) The cushion layer shall be of structural fill material capable of separating the waste material from the leachate collection layer. Placement of waste material (3) Waste material, free of large or long objects which could cause stress to the liner, shall be placed above the cushion collection layer. (EC691/00) 15. Landfill final cover system The purpose of the landfill final cover system is to (a) control the amount of surface water infiltration into the buried waste material; (b) limit erosion and sedimentation; (c) control the release of methane gas from the landfill; and (d) protect the underlying waste from exposure. (EC691/00) 16. Requirements The landfill final cover system shall consist of (a) a grading pad; (b) a low hydraulic conductivity layer; and (c) a vegetative layer. (EC691/00) Page 12 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 17 17. Grading pad interim cover pad The grading pad of the landfill final cover system shall (a) be a minimum of 300 mm thick; (b) consist of structural fill material capable of supporting the material above; and (c) allow for the lateral movement of gases. (EC691/00) 18. Low hydraulic conductivity layer (1) The low hydraulic conductivity layer of the landfill final cover system shall (a) be designed to limit the surface water infiltration into the waste material; and (b) consist of either a flexible membrane liner manufactured of a low density polyethylene of a minimum 40 mil thickness or an equivalent flexible membrane liner approved by the Minister. Application for limited exception (2) Despite clause (1)(b), a municipality may, with respect to a landfill that existed immediately prior to the coming into force of this subsection but that was not constructed in accordance with sections 4 to 14 of these regulations, apply to the Minister in the form approved by the Minister for permission to construct a low hydraulic conductivity layer consisting of a soil component with a hydraulic conductivity of 1 x 10¯⁵ centimetres per second or less in a layer at least 750 millimetres thick. Ministerial authorization (3) The Minister may, if satisfied that the landfill is appropriate for covering with a low hydraulic conductivity layer constructed as specified in subsection (2), authorize the applicant to proceed in accordance with that subsection. (EC691/00; 519/19) 19. Vegetative layer The vegetative layer of the landfill final cover system shall (a) serve to stabilize the final cover system from the forces of wind and water erosion; (b) provide a low-maintenance surface; and (c) consist of a minimum of 300 mm of topsoil with a vegetative surface. (EC691/00) 20. Settling All components of the landfill final cover system shall be designed to accommodate settling and consolidation of the waste material below so that ponding of water does not occur on the surface. (EC691/00) 21. Leachate management system (1) The leachate management system shall consist of infrastructure and monitoring systems designed to monitor, control and treat leachate prior to discharge into the surrounding environment. Requirements (2) Every leachate management system shall (a) have a leachate collection and removal network from the waste burial portion of the landfill which shall be hydraulically separated from the landfill’s storm water system; c t Current to: August 10, 2019 Page 13 Environmental Protection Act Waste Resource Management Section 22 Regulations (b) function year round; (c) function effectively during the lifespan of the landfill; (d) have a means of monitoring all leachate flow; (e) record both instantaneous and total flows; and (f) have adequate storage capacity. Contaminants (3) All leachate shall be treated to remove contaminants prior to discharge into the environment and tested in accordance with the parameters set out in Schedule A. Discharge standards (4) The discharge standards for all leachate shall be determined by the Minister based on (a) the background water quality in the receiving water; (b) identified current and projected uses of the receiving water; (c) the Canadian Environmental Quality Guidelines; (d) any other environmental quality standards or guidelines deemed appropriate by the Minister. Leachates (5) The corporation shall ensure that leachates are not acutely lethal as determined by the Environment Canada Rainbow Trout Acute Lethality Test (Reference Method EPS-1/RM/13, July, 1990). (EC691/00) 22. Landfill gas management system (1) Landfill gas production shall be managed to control the discharge of potentially dangerous gases into the atmosphere. Venting (2) Venting or gas collection systems shall be installed to control and monitor the gas production in the landfill. Energy recovery (3) All new landfills shall be assessed for the viability of energy recovery from gas production. (EC691/00) 23. Surface water management system (1) Surface water management systems shall (a) divert surface and storm water from the disposal areas of the landfill; (b) control run-off discharge from the landfill; (c) control erosion, sedimentation, siltration, and flooding; (d) minimize the generation of leachate; and (e) be tested in order to ensure compliance with the parameters set out in Schedule A. Separation (2) All surface water management systems shall be hydraulically separate from the landfill’s leachate management systems. (EC691/00) Page 14 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 24 24. Groundwater management system (1) The seasonal high elevation of groundwater shall be maintained at a minimum of 500 mm below the lowest point of the compacted clay liner. Positive drainage (2) Groundwater lowering systems shall provide for positive drainage of the groundwater away from the landfill area. (EC691/00) 25. Groundwater monitoring system (1) The groundwater monitoring system for landfills shall be approved by the Minister and shall consist of (a) at least one groundwater monitoring well installed hydraulically above the gradient of the landfill, and at least three monitoring wells installed hydraulically below the gradient direction; and (b) a monitoring well system containing a sufficient number of multi-level well nests for measurement of vertical gradients. Location of monitoring wells (2) Locations of the monitoring wells required by subsection (1) shall be sufficiently close to the active disposal area to allow early detection of contamination and implementation of remedial measures. Duration of monitoring (3) All monitoring wells required by subsection (1) shall be retained throughout the lifespan of the landfill and tested in accordance with the parameters set out in Schedule A. (EC691/00) 26. Disposal material monitoring (1) All landfills and composting facilities approved after the coming into force of these regulations, and the East Prince Waste Management Facility - Wellington Center, shall have a monitoring station and monitoring systems in place to (a) enable inspection of material received by the landfill or composting facility; and (b) ensure compliance with the corporation’s Program Policies. Inspection station (2) All landfills and composting facilities approved after the coming into force of these regulations, and the East Prince Waste Management Facility - Wellington Center, shall have an inspection station and weigh scales, provided by and maintained by the corporation, at the entrance to the landfill or composting facility. Weigh scales (3) The scales required by subsection (2) shall provide for accurate weighing of the material to be buried or separated, according to Weights and Measures Canada Standards, (EC691/00) 27. Separation distances (1) The distance between the active disposal area of a landfill and the nearest residential, institutional, commercial or industrial building shall be a minimum of 750 m. c t Current to: August 10, 2019 Page 15 Environmental Protection Act Waste Resource Management Section 28 Regulations Property boundary (2) The distance between the active disposal area of a landfill and the nearest property boundary shall be a minimum of 100 m. Water (3) The distance between the active disposal area and the nearest bank top or high water mark of any surface watercourse or body of water, including salt water, or to any off-site well shall be a minimum of 100 m. (EC691/00) 28. Quality control programs (1) The corporation shall provide to the Minister a description of the quality control programs to be carried out on all aspects of the landfill system and materials. Quality control (2) For specific items including, but not limited to, flexible membrane liners and low hydraulic conductivity soil components, quality control shall be carried out by an independent third party approved by the Minister to ensure that the materials are manufactured and installed as specified and in accordance with generally accepted practices and tolerances. (EC691/00) 29. Landfill operation requirements Operation of a landfill shall incorporate, as a minimum, the following operational requirements: (a) placement of cover over all exposed remaining waste at least once each day or more often as required; (b) constant supervision during the hours that the landfill is open; (c) inspection of all loads prior to unloading; (d) acceptance of only the material identified in the approval of the application to operate the landfill; (e) control and recovery of litter; (f) stabilization of exposed areas to prevent erosion and sedimentation; (g) control of dust; (h) control of vectors; and (i) placement of appropriate signage at the entrance to the landfill which shall indicate the name of the landfill, hours of operation, emergency contact, and the materials acceptable for disposal at the landfill. (EC691/00) 30. Operation and Maintenance Manuals (1) The corporation shall submit an Operation and Maintenance Manual for every landfill owned by the corporation which shall include the following: (a) record drawings and specifications for the landfill; (b) a copy of the approval including terms and conditions contained in the approval for the landfill, and any amendments to the approval; (c) a complete description of the operational requirements; (d) monitoring logs including, but not limited to, monitoring well logs, leachate treatment records, gas management records, household hazardous materials handling Page 16 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 31 records, ozone depletion materials renewal records and storm water management records; (e) contingency plans as required by section 31; (f) copies of all report forms that are to be used at the site; and (g) disposal records which include the generator, for single generator loads, and carrier for the materials. Inspection (2) The Operation and Maintenance Manuals shall be left on the landfill premises at all times and shall be available for inspection during operating hours. Approval (3) The Operation and Maintenance Manual shall be submitted to the Minister for approval at least 30 days prior to commencement of operations. (EC691/00) 31. Contingency plan The corporation shall provide a contingency plan that (a) identifies all reasonably foreseeable emergencies, including fire, explosion, leachate leakage, spills, and bomb threats; and (b) describes appropriate remedial measures required to prevent damage to the landfill and the surroundings. (EC691/00) 32. Reports and records (1) The corporation shall ensure that records of the operation are completed daily and made available for inspection at all times. Content (2) The corporation shall submit a written report to the Minister on or before June 30 of each year for the immediately preceding fiscal year ending March 31, regarding the following items: (a) the results of leachate monitoring both pre-treatment and post-treatment including (i) total flows, peak and average flows, and (ii) leachate quality; (b) the results of gas production monitoring including total production, peak and average for landfills with landfill gas management systems; (c) the results of surface water monitoring and groundwater monitoring; (d) waste flow including (i) types of materials accepted at the landfill for the period, (ii) quantities of materials accepted at the landfill for the period, (iii) quantities of materials buried, (iv) quantities of materials separated for reuse and recycling. (EC691/00) 33. Landfill closure plan (1) The corporation shall include, in the application for approval, a preliminary closure plan for the landfill. c t Current to: August 10, 2019 Page 17 Environmental Protection Act Waste Resource Management Section 34 Regulations Idem, content (2) The closure plan shall include the following: (a) the anticipated date of closure; (b) a description of waste that will remain as part of the closed landfill; (c) a description of all post-closure control and monitoring programs which will be carried out at the landfill and the length of time they will be carried out; (d) a description of any decommissioning of components of the landfill; (e) a closure schedule; and (f) any other information required by the Minister. (EC691/00) 34. Notification At least 180 days prior to the planned closure of a landfill, the corporation shall (a) notify the Minister in writing of the intent to close the landfill; and (b) include a detailed description of the final closure plan. (EC691/00) COMPOSTING FACILITIES 35. Application (1) Sections 36 to 58 apply to all composting facilities requiring approval pursuant to section 2. Idem (2) Sections 36 to 58 do not apply to (a) backyard composting; (b) composting undertaken according to normal farm practices and Codes of Practice established pursuant to the Farm Practices Act; and (c) the processing of fish waste and sewage sludge at facilities approved by the Minister. (EC691/00) 36. Applications for approval (1) No person shall construct or operate a compost facility unless approval has been granted by the Minister. Information (2) Unless specifically exempted by the Minister, the corporation is to provide all information necessary to satisfy the requirements of sections 36 to 58. (EC691/00) 37. Composting facilities under 10,000 tonnes (1) Composting facilities receiving under 10,000 tonnes of compostables per year shall incorporate the following requirements: (a) systems designed to minimize odour generation; (b) measures to control and treat leachate and storm runoff and prevent groundwater contamination; (c) a groundwater and surface water monitoring plan approved by the Minister; and Page 18 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 38 (d) removal of by-products, including residuals from the site, in a timely manner and disposal thereof in a manner acceptable to the Minister. Separation distances, facilities under 10,000 tonnes (2) Composting facilities receiving under 10,000 tonnes of compostables per year shall have the following separation distances: (a) the distance between the active area and the nearest foundation of an off-site structure used for commercial, industrial, residential or institutional purposes shall be a minimum of 500 m; (b) the distance between the active area and the nearest property boundary shall be a minimum of 30 m; and (c) the distance between the active area and the nearest watercourse or body of water, including salt water, shall be a minimum of 30 m. (EC691/00) IN-VESSEL COMPOSTING FACILITIES 38. In-vessel composting facilities (1) The receiving and tipping areas of in-vessel composting facilities shall be underlain by an impermeable pad, the surface of which shall be concrete or asphalt. Drainage from impermeable pad (2) All drainage from the impermeable pad shall be collected for treatment or for return to the process. Enclosed structure (3) The receiving and tipping area shall be in an enclosed structure. (EC691/00) 39. Composting area (1) The composting areas of in-vessel composting facilities shall be designed to fully contain the compostable organic material and all leachate which may be generated. Containment system (2) The containment system shall be impermeable, and the surface of the containment system shall be constructed of concrete, asphalt, steel, or other material as approved by the Minister. Drainage (3) All drainage from the composting area shall be collected for treatment or for return to the process. (EC691/00) 40. Curing area (1) The curing area of in-vessel composting facilities shall be underlain by an impermeable pad, the surface of which shall be concrete or asphalt. Drainage (2) All drainage from the impermeable pad shall be collected for treatment or for return to the process. c t Current to: August 10, 2019 Page 19 Environmental Protection Act Waste Resource Management Section 41 Regulations Roof (3) All curing areas shall utilize permanent roof structures or other proven management techniques to control moisture and minimize odour and leachate generation. (EC691/00) 41. Leachate management systems (1) Leachate management systems for in-vessel composting facilities shall be developed which shall consist of infrastructure and monitoring systems designed to (a) collect; (b) monitor; (c) control; and (d) treat leachate prior to being discharged into the surrounding environment. Requirements (2) Leachate management systems shall (a) have a leachate collection and removal network in the active area; (b) function year round; and (c) have a means of monitoring all treated leachate discharges. Discharge standards (3) The discharge standards for all leachate shall be determined by the Minister based on (a) the background water quality in the receiving water; (b) identified current and projected uses of the receiving water; (c) the Canadian Environmental Quality Guidelines; and (d) any other environmental quality standards or guidelines deemed appropriate by the Minister. Biological test methods (4) The corporation shall ensure that leachate shall not be acutely lethal as determined by the Environment Canada Rainbow Trout Acute Lethality Test (Reference Method EPS-1/RM/13, July, 1990). (EC691/00) 42. Surface water management (1) The corporation shall submit, for approval from the Minister, a surface water monitoring program for in-vessel composting facilities. Extent (2) The extent of surface water monitoring requirements will be based on the design of the composting facility. Surface water monitoring program (3) The surface water monitoring program shall (a) divert surface and storm water from the active areas; (b) control run-off discharge from the composting facility; (c) control erosion, sedimentation, siltration, and flooding; and (d) minimize the generation of leachate. (EC691/00) Page 20 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 43 43. Groundwater management (1) The corporation shall submit, for approval from the Minister, a groundwater monitoring program for in-vessel composting facilities. Extent (2) The extent of groundwater monitoring requirements will be based on the design of the composting facility. Requirements where no roof (3) Where any of the active area is not protected from precipitation with permanently constructed roof structures, the groundwater monitoring program shall include (a) at least one groundwater monitoring well installed hydraulically above the gradient of the active area and at least three monitoring wells installed hydraulically below the gradient direction; (b) a monitoring well system including a sufficient number of multi-level well nests for measurement of vertical gradients. Location of monitoring (4) The location of every monitoring well required by subsection (3) shall be sufficiently close to the active area to allow early detection of contamination and implementation of remedial measures. Duration of monitoring (5) Every monitoring well required by subsection (3) shall be retained throughout the lifespan of the composting facility. (EC691/00) 44. Odour control systems (1) Mechanical ventilators for in-vessel composting facilities shall be provided for the composting area, areas for the storage of compostable organic feedstock and any other area containing readily putrescible materials such as the storage room for residuals. Negative pressure (2) All areas referred to in subsection (1) shall be under a negative atmospheric pressure in order to avoid the escape of odours. Ventilation air (3) All ventilation air shall be subject to a treatment system designed to remove odours prior to release into the environment. Aeration system (4) The corporation shall provide a building ventilation system with a capacity for at least 12 air exchanges per hour in every active composting area. (EC691/00) 45. Separation distances (1) The distance between the active area of an in-vessel composting facility and the nearest residential or institutional building shall be a minimum of 500 m. Distances, commercial, industrial (2) The distance between the active area and the nearest commercial or industrial building shall be a minimum of 250 m. c t Current to: August 10, 2019 Page 21 Environmental Protection Act Waste Resource Management Section 46 Regulations Property boundary (3) The distance between the active area and the nearest property boundary shall be a minimum of 100 m . Water course or body (4) The distance between the active area and the nearest watercourse or body of water, including salt water, shall be a minimum of 50 m. (EC691/00) OPEN WINDROW COMPOSTING FACILITIES 46. Receiving and tipping area (1) The receiving and tipping area of open windrow composting facilities shall be underlain by an impermeable pad, the surface of which shall be concrete or asphalt. Drainage (2) All drainage from the impermeable pad shall be collected for treatment or for return to the process. Enclosed structure (3) The receiving and tipping area shall be in an enclosed structure. (EC691/00) 47. Composting area (1) The composting areas of open windrow composting facilities shall be underlain by an impermeable pad, the surface of which shall be concrete or asphalt. Drainage (2) All drainage from the impermeable pad shall be collected for treatment or for return to the process. Enclosed structure (3) All composting areas shall utilize permanent roof structures or proven management techniques in order to control moisture and to minimize odour and leachate generation. (EC691/00) 48. Curing area (1) The curing areas of open windrow composting facilities shall be underlain by an impermeable pad, the surface of which shall be concrete or asphalt. Drainage (2) All drainage from the impermeable pad shall be collected for treatment or for return to the process. Odour and leachate (3) All curing areas shall utilize permanent roof structures or proven management techniques to control moisture and to minimize odour and leachate generation. (EC691/00) 49. Surface water management Surface water management systems of open windrow composting facilities shall Page 22 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 50 (a) divert surface and storm water from the active areas; (b) control run-off discharge from the open windrow composting facility; (c) control erosion, sedimentation, siltration, and flooding; and (d) minimize the generation of leachate. (EC691/00) 50.

Groundwater monitoring program (1) Every open windrow composting facility shall undertake a groundwater monitoring program consisting of (a) at least one groundwater monitoring well installed hydraulically above the gradient of the active area, and at least three monitoring wells installed hydraulically below the gradient direction; and (b) a monitoring well system including a sufficient number of multi-level well nests for measurement of vertical gradients. Location of monitoring (2) The location of every monitoring well required by subsection (1) shall be sufficiently close to the active area to allow early detection of contamination and implementation of remedial measures. Duration of monitoring (3) Every monitoring well required by subsection (1) shall be retained throughout the lifespan of the composting facility. (EC691/00) 51. Odour control (1) The corporation shall provide the Minister with detailed management techniques for the control of odours from the composting process of every open windrow composting facility owned by the corporation. Atmospheric dispersion modelling (2) All open windrow facilities which (a) include more than 1,000 tonnes annually of food waste in their feedstock; or (b) exceed 10,000 tonnes annually of total feedstock, shall provide atmospheric dispersion modelling to determine the potential for odour at the property boundary and other receptors near the open windrow composting facility. Modelling (3) The modelling shall (a) categorize the compounds which could result in odour; and (b) establish odour concentrations at the property boundaries and other receptors. Baseline odour concentrations (4) Baseline odour concentrations of open windrow composting facilities described in subsection (2) shall meet the requirements of the Minister and shall be used in testing for odours after the open windrow composting facility is in operation. (EC691/00) c t Current to: August 10, 2019 Page 23 Environmental Protection Act Waste Resource Management Section 52 Regulations 52. Separation distances (1) The distance between the active area of open windrow composting facilities and the nearest structure, including residential, institutional, commercial or industrial buildings, shall be a minimum of 500 m. Exception - food waste, feedstock (2) Where the open windrow composting facility (a) includes more than 1,000 tonnes annually of food waste in its feedstock; or (b) exceeds 10,000 tonnes annually of total feedstock, the separation distance shall be a minimum of 1,000 m. Property boundary (3) The distance between the active area of an open windrow composting facility and the nearest property boundary shall be a minimum of 100 m. Watercourse (4) The distance between the active area and the nearest watercourse or body of water, including salt water, shall be a minimum of 30 m. (EC691/00) 53. Composting facility objective (1) Subject to subsection (2), the corporation shall ensure that every composting facility operated by the corporation incorporates all compostable organic feedstock into the composting process the same day that it is delivered to the site. Feedstock (2) Where feedstock, except leaf and yard waste feedstock, is not incorporated into the composting process in the same day it is received at the composting facility, it shall be stored in an enclosed area with a mechanical system for the capture and treatment of odorous emissions. Supervision (3) Every composting facility shall have constant supervision during the hours that it is open. Approved feedstock (4) Every composting facility shall accept only the feedstock identified in the approval. Residual products (5) Any residual products associated with the composting operation shall be disposed of by the corporation in a manner acceptable to the Minister. Litter (6) Litter shall be controlled on the entire composting facility site. Exposed areas (7) Exposed areas shall be stabilized to prevent erosion and sedimentation. Dust (8) Dust particulate emission shall meet the Ministerial requirements for particulate emissions as prescribed by the Environmental Protection Act Air Quality Regulations (EC377/92). Page 24 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 54 Vectors (9) Vectors shall be controlled in accordance with a control plan approved by the Minister. Signs (10) Signs shall be placed at the entrance to the site indicating the name of the facility, hours of operation, emergency contact, and the materials acceptable at the site. (EC691/00) COMPOST REPORTING REQUIREMENTS 54. Operation and Maintenance Manual (1) The corporation shall submit an Operation and Maintenance Manual for every composting facility owned by the corporation which shall include the following: (a) record drawings and specifications for the composting facility; (b) a copy of the approval including terms and conditions of the approval for the composting facility; (c) a complete description of the operational practices and procedures; (d) a description of measures to control and monitor the aeration of the compost to ensure that the oxygen content in the compost material is sufficient to prevent the composting mass from becoming anaerobic; (e) a description of measures to control the aeration, blending and mixing of the compost to minimize odorous emissions from the composting operation as well as raw material and compost storage; (f) a description of monitoring programs including sampling protocols, locations and frequency for monitoring wells, leachate treatment and storm water management systems; and (g) contingency plans as required by subsection 55(1). Inspection (2) The Operation and Maintenance Manual shall be left on site at all times and shall be available for inspection during operating hours. Approval (3) The Operation and Maintenance Manual shall be submitted to the Minister for approval at least 30 days prior to commencement of operation. (EC691/00) 55. Contingency plans (1) Contingency plans for composting facilities shall identify all reasonably foreseeable emergencies including fire, explosion, leachate leakage or spills and shall describe appropriate responses to prevent an adverse affect on the surrounding environment. Contents (2) The corporation shall provide contingency plans addressing problems associated with vectors, groundwater contamination, equipment failure, odour generation, and complaints. (EC691/00) 56. Monitoring (1) The type and frequency of monitoring and reporting requirements for composting facilities shall be specified in the terms and conditions of the approval. c t Current to: August 10, 2019 Page 25 Environmental Protection Act Waste Resource Management Section 57 Regulations Annual report (2) The corporation shall submit for Ministerial approval an annual report which shall include the following information: (a) surface water monitoring and groundwater monitoring quality data; (b) feedstock flow including (i) types of materials accepted at the composting facility for the period, (ii) quantities of materials accepted at the composting facility for the period; (c) quantities of materials composted; (d) quantities of materials rejected and sent for disposal; (e) compost quality testing results; and (f) complaint records. Log book re complaints (3) The corporation shall record and respond to complaints regarding the composting operation. Record of complaints (4) Each complaint and associated measures taken by the corporation shall be recorded in a log book including (a) a description of the complaint and the date and time it was received by the corporation; (b) wind direction, wind speed, temperature, humidity and other atmospheric conditions at the time of the occurrence which resulted in a complaint; and (c) a description of the measures taken to address the cause of the complaint. (EC691/00) 57. Compost classification (1) All compost (a) shall be classified in accordance with the criteria identified in the CCME Guidelines; and (b) shall meet all criteria as established for trace elements set out in Schedule B of these regulations. Testing (2) Testing of the compost quality shall be completed for every 1,000 tonnes of compost produced or every three months, whichever occurs earlier, and conducted in accordance with the minimum testing procedures identified in section 4 of the CCME Guidelines. Classification (3) Compost which meets the criteria established in the CCME Guidelines as Category B shall be classified in accordance with metal concentrations, product maturity, amount of foreign matter, organic matter content, pH and salinity. Hazardous or special waste (4) Compost which is tested and classified as a hazardous or special waste shall be handled and treated in accordance with the requirements of the Act. (EC691/00; 529/01) Page 26 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 58 58. Category A compost (1) Compost which meets the criteria established in the CCME Guidelines as Category A may be used in accordance with the uses stated in the CCME Guidelines for Category A compost. Category B compost (2) Use of compost which meets the criteria established in the CCME Guidelines as Category B may be used in accordance with the uses stated in the CCME Guidelines for Category B. (EC691/00) Food crops (3) Revoked by EC529/01. C & D DISPOSAL SITES 59. Disposal of certain materials in excavation pits The following types of C & D debris may be disposed of in an excavation pit operated under a permit pursuant to the Environmental Protection Act Excavation Pits Regulations (EC753/90) if the placement of the materials is in accordance with the pit restoration plan approved by the Minister under those regulations: (a) bricks; (b) mortar; (c) concrete masonry; (d) asphalt pavement. (EC691/00; 484/14) 60. Application for approval An application for approval under section 9 of the Act for the initial construction or operation a C & D disposal site shall be accompanied by a report prepared by a professional engineer engaged in the practice of engineering in the province verifying that the proposed C & D disposal site complies with the design requirements imposed by the Minister in respect of the construction or operation of the C & D disposal site. (EC691/00; 253/09) 60.1 Design requirements or constraints The Minister may, prior to issuing a permit under clause 2(4)(b) to construct or operate a C & D disposal site, impose any one or more of the following design requirements or constraints in respect of the construction or operation of the C & D disposal site, including, but not limited to, requirements concerning: (a) the use or installation of liner systems; (b) the use or installation of leachate control and collection systems; (c) the use or installation of odor control and mitigation systems; (d) the use or installation of dust control and mitigation systems; (e) the use or installation of noise control and mitigation systems; (f) cell location, cell width, cell length, cell height or cell volume; (g) screening from view of a highway, public park, playground, public bathing beach, school, church, hospital, cemetery, residential premises or public hall. (EC253/09) c t Current to: August 10, 2019 Page 27 Environmental Protection Act Waste Resource Management Section 61 Regulations 61. C & D disposal sites (1) Every person who owns a C & D disposal site shall ensure that the site is selected, designed, constructed and operated so that it protects the environment during the life span of the C & D disposal site. Diversion of debris (2) A person who generates debris shall employ all reasonable and practical means, including source reduction, reuse or recycling, in order to divert C & D debris from being disposed of at a C & D disposal site. (EC691/00) 62. C & D disposal site requirements (1) Every owner of a C & D disposal site shall ensure that the C & D disposal site has, (a) where the C & D disposal site was constructed before April 18, 2009, (i) a minimum of 1 metre of soil with a hydraulic conductivity of 1 x 10-5 cm/sec or less between the lowest elevation of any of the waste and the highest elevation of the groundwater or bedrock, (ii) a coverage plan for the placement of cover on the waste, (iii) a controlled site entry and exit infrastructure, (iv) a drainage plan for surface water including control infrastructure (sedimentation ponds), (v) appropriately designed road surfaces, (vi) signs that indicate (A) the name of the C & D disposal site, (B) the hours of operation of the C & D disposal site, (C) the names of persons to contact and their contact information in the event of an emergency, and (D) all materials acceptable for disposal at the C & D disposal site, (vii) at least one groundwater monitoring well installed hydraulically above the gradient of the site and at least three groundwater monitoring wells installed hydraulically below the gradient direction, (viii) weigh scales approved and functioning pursuant to Weights and Measures Canada Standards, for the purpose of weighing waste received at the C & D disposal site, (ix) a minimum separation distance of 30 m from the nearest active disposal area to (A) the nearest property boundary, or (B) the road allocation of any common or public highway, (x) a minimum separation distance of 30 m from the nearest active disposal area to any watercourse boundary, (xi) a minimum separation distance of 30 m from the nearest active disposal area to any wetland boundary, and (xii) a minimum separation distance of 150 m from the nearest active disposal area to the foundation of the nearest off-site structure used for commercial, industrial, residential or institutional purposes; and (b) where the C & D disposal site is constructed after April 18, 2009, Page 28 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 63 (i) a minimum of 1 metre of soil with a hydraulic conductivity of 1 x 10-5 cm/sec or less between the lowest elevation of any of the waste and the highest elevation of the groundwater or bedrock, (ii) a coverage plan for the placement of cover on the waste, (iii) a controlled site entry and exit infrastructure, (iv) a drainage plan for surface water including control infrastructure (sedimentation ponds), (v) appropriately designed road surfaces, (vi) signs that indicate (A) the name of the C & D disposal site, (B) the hours of operation of the C & D disposal site, (C) the names of persons to contact and their contact information in the event of an emergency, and (D) all materials acceptable for disposal at the C & D disposal site, (vii) at least one groundwater monitoring well installed hydraulically above the gradient of the site and at least three groundwater monitoring wells installed hydraulically below the gradient direction, (viii) weigh scales approved and functioning pursuant to Weights and Measures Canada Standards, for the purpose of weighing waste received at the C & D disposal site, (ix) a minimum separation distance of 300 m from the nearest active disposal area to the nearest property boundary, (x) a minimum separation distance of 200 m from the nearest active disposal area to any watercourse boundary, and (xi) a minimum separation distance of 100 m from the nearest active disposal area to any wetland boundary. Application, initial construction of C & D disposal site (2) For greater certainty, (a) the requirements set out in this subsection do not apply to the issuance of subsequent permits pursuant to clause 2(4)(b) of these regulations; and (b) every owner of a C & D disposal site shall ensure that the C & D disposal site has, where the C & D disposal site is initially constructed after April 18, 2009, the following minimum separation distances in respect of the initial construction of the C & D disposal site: (i) a minimum separation distance of 500 m from the nearest active disposal area to the foundation of the nearest off-site structure used for commercial, industrial, residential or institutional purposes, (ii) a minimum separation distance of 150 m from the nearest active disposal area to the road allocation of any common or public highway, (iii) a minimum separation distance of 500 m from the nearest active disposal area to any public school, hospital, church, public park or playground. (EC691/00; 253/09) 63. Operational requirements (1) Every owner of a C & D disposal site shall ensure that the C & D disposal site incorporates, as a minimum, the following operational requirements: c t Current to: August 10, 2019 Page 29 Environmental Protection Act Waste Resource Management Section 64 Regulations (a) placement of cover material in accordance with the plan for cover placement approved by the Minister; (b) direct supervision during the hours that the C & D disposal site is open and is accepting materials; (c) inspection of all loads by the supervisor of the C & D disposal site prior to unloading; (d) acceptance of only C & D debris; (e) no acceptance of industrial waste unless otherwise approved by the Minister in the terms and conditions of the approval; (f) no acceptance of remaining waste, compostables, or recyclables; (g) no acceptance of liquid wastes; (h) litter is controlled; (i) stabilization of exposed areas to prevent erosion and sedimentation; (j) dust, odours and noise are controlled; (k) detailed records are kept which include the generator name, the carrier name and the quantity and types of the materials disposed of or stored; (l) records shall be maintained at the C & D disposal site for a minimum of two years and be available for inspection upon request; Monitoring program (2) The owner of the C & D disposal site shall conduct a groundwater and surface water monitoring program at the site. Groundwater (3) The owner of the C & D disposal site shall submit a written report to the Minister on or before March 31 of each year for the immediately preceding calendar year, identifying the quantities and types of material disposed of at the owner’s C & D disposal site. Report of material disposed (4) If additional recycling components are utilized at the C & D disposal site, the quantities of these materials shall also be reported. Water monitoring program (5) The owner of the C & D disposal site shall annually report to the Minister the results of the groundwater and ground and surface water monitoring program. Security (6) The Minister may require that privately owned, commercially operated C & D disposal sites post financial security. (EC691/00) 64. Operation and Maintenance Manual (1) Every owner of a C & D disposal site shall prepare an Operation and Maintenance Manual for each C & D disposal site owned. Requirements (2) The Operation and Maintenance Manual required by subsection (1) shall include the following: (a) record drawings and specifications of the C & D disposal site; (b) a complete description of the operational procedures; Page 30 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations Section 65 (c) monitoring well logs and surface water monitoring logs, including the location plans showing the monitoring points; (d) contingency plans to deal with any waste not acceptable for disposal; (e) contingency plans to deal with emergency issues including but not limited to fire, explosions and spills; (f) procedures for the maintenance of disposal records including the names of the generator and carrier of the materials; and (g) a copy of the approval, including all terms and conditions of the approval. Approval (3) The Operation and Maintenance Manual shall be submitted to the Minister for approval at least 30 days prior to commencement of operation. Inspection (4) The Operation and Maintenance Manual shall be kept on site at all times and shall be available for inspection. (EC691/00) RECYCLING PLANTS 65. Prohibition Revoked by EC691/09. (EC691/00; 691/09) 66. Requirements Revoked by EC691/09. (EC691/00; 691/09) 67. Report (1) Revoked by EC691/09. Recyclables not processed (2) Revoked by EC691/09. (EC691/00; 691/09) OFFENCE 68. Offence Every person who operates a landfill, composting facility, or C & D disposal site that is not in compliance with these regulations is guilty of an offence. (EC691/00; 691/09) c t Current to: August 10, 2019 Page 31 Environmental Protection Act Waste Resource Management Regulations SCHEDULE A SCHEDULE A GROUNDWATER, LEACHATE, AND SURFACE WATER MONITORING PARAMETERS PARAMETER Parameter Column 1 Column 2 Column 3 Column 4 Group Comprehensive Indicator List Comprehensive Indicator List List for for List for Groundwater and Groundwater for Surface Surface Leachate and Leachate Water Water Inorganics Alkalinity Alkalinity Alkalinity Alkalinity Ammonia Ammonia Ammonia Arsenic Arsenic Barium Barium Boron Boron Cadmium Cadmium Cadmium Calcium Calcium Chloride Chloride Chloride Chloride Chromium Chromium Conductivity Conductivity Conductivity Conductivity Copper Copper Iron Iron Iron Lead Lead Lead Magnesium Magnesium Manganese Mercury Mercury Nitrate Nitrate Nitrate Nitrate Nitrite Nitrite Nitrite Total Kjeldahl Total Kjeldahl Total Kjeldahl Nitrogen Nitrogen Nitrogen pH pH pH pH Total Phosphorus Total Phosphorus Total Phosphorus Potassium Potassium Sodium Sodium Suspended Solids Suspended Suspended Solids Suspended Solids Solids Total Suspended Total Total Suspended Total Suspended Solids Suspended Solids Solids Solids Sulphate Sulphate Sulphate Sulphate Zinc Zinc Volatile Organics Benzene 1,4 Dichlorobenzene Dichloromethane Dichloromethane Toluene Toluene Vinyl Chloride Other Organics Biochemical Biochemical Oxygen (BOD) Oxygen (BOD) Chemical Chemical Chemical Chemical Oxygen Demand Oxygen Oxygen Demand Oxygen Demand Demand Dissolved Dissolved Dissolved Organic Carbon Organic Organic Carbon Carbon c t Current to: August 10, 2019 Page 33 Environmental Protection Act Waste Resource Management SCHEDULE A Regulations Phenol Phenol Phenol Field Parameters Temperature Temperature pH pH pH pH Conductivity Conductivity Conductivity Conductivity Dissolved Dissolved Oxygen Oxygen Flow Flow (EC691/00) Page 34 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations SCHEDULE B SCHEDULE B CONCENTRATIONS OF TRACE ELEMENTS IN COMPOST*: CATEGORY A CATEGORY B Trace Elements Maximum Concentration Maximum Concentration within Product within Product (mg/kg dry weight) (mg/kg dry weight) Arsenic (As) 13 75 Cadmium (Cd) 3 20 Cobalt (Co) 34 150 Chromium (Cr) 210 1060** Copper (Cu) 100 760** Mercury (Hg) 0.8 5 Molybdenum (Mo) 5 20 Nickel (Ni) 62 180 Lead (Pb) 150 500 Selenium (Se) 2 14 Zinc (Zn) 500 1850 *See CCME Guideline for maximum cumulative additions to soil. ** See CCME Guideline for further description of these values. (EC691/00) c t Current to: August 10, 2019 Page 35 Environmental Protection Act Waste Resource Management SCHEDULE C Regulations SCHEDULE C QUALITY CONTROL / ASSURANCE PROGRAM 1.0 PURPOSE 1.1 Quality Control 1. For the purpose of this specification, quality control shall be defined as a planned system of inspection and tests to directly monitor and control the quality of the work. 2. The applicant shall submit a quality control, inspection and test program for all landfill components. 3. The applicant shall employ a quality control inspector (Inspector) who may be the same person as the installation supervisor. 1.2 Quality Assurance 1. For the purpose of this specification, quality assurance is defined as a planned system of activities, carried out by the applicant or his representative, that provides assurance that the landfill components were manufactured and installed as specified. 2. The quality assurance program shall include tests similar to those carried out for quality control. 2.0 GEOMEMBRANE 2.1 General Geomembrane shall be tested for both manufacture and installation. Both destructive and non-destructive tests shall be used. 2.2 Geomembrane Testing 1. A minimum of one complete set of quality control tests on geomembrane rolls shall be performed at the frequencies given in Table 1 to verify that all other specified parameters are in compliance with the material specifications. 2. Test samples which fail to meet strength and environmental specifications shall result in rejection of applicable rolls. Further testing on geomembrane manufactured from the same resin batch shall be conducted to determine acceptability. 3. A quality assurance consultant shall confirm that required quality control has been done and shall certify the quality of the geomembrane, prior to delivering. A quality control certificate is required for each batch of resin and each production shift. The certificate shall include: Product Identification Roll Numbers Sampling Procedures Test Methods Test Results (including Environmental Stress Cracking or single-point Notched and Constant Tensile Load Time to Failure test data) Page 36 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations SCHEDULE C Signature of Responsible Party The consultant may also request that all production line records be submitted for review. 4. The consultant shall have authority to visit the manufacturing facility at any time to witness production and quality control testing, examine production records and take independent samples. 2.3 Non-Destructive Testing 1. Test Seams (Start-up) - Test seams shall be made to verify that adequate conditions exist for field seaming to proceed. Each seaming apparatus shall produce a test seam at the beginning of each shift. In addition, if a seaming operation has been suspended for more than four hours, or after every 5 hours or if a breakdown of the seaming equipment occurs, a test seam shall be produced prior to resumption of seaming operations. Test seams shall be made in the field on pieces of the approved geomembrane. Each test seam shall be at least 1.5 m long x 300 mm wide for extrusion and 3 m long by 300 mm wide for fusion, with sufficient overlap for peel testing in the field tensiometer. Two samples 25 mm wide shall be taken from each end of the test seam using an approved template. The samples shall be tested in the field tensiometer, one from each and in peel and shear respectively. Samples tested in peel shall not fail in the seam. All test samples shall exhibit film tear bond and strength as defined under seam properties, Table 1. c t Current to: August 10, 2019 Page 37 Environmental Protection Act Waste Resource Management SCHEDULE C Regulations TABLE 1 GEOMEMBRANE Material Property Minimum Average Roll Values (Metric) Nominal Thickness 1.5 mm(60 mils) Units Value Thickness, ASTM D751, NDF Mod., Nominal mm 200 Indent Lowest Individual Reading mm 137 Density, ASTM D1505 g/cm3 0.940 Melt Flow Index, ASTM D1238 Cond, E. Max. g/10 min. 1.0 Carbon Black Content, ASTM D1603 percent 2.0 - 3.0 Carbon Black Dispersion, STM D3015 rating A2 Minimum Tensile Properties, STM D638 Stress at Yield N/cm 231 Stress at Break N/cm 399 Stress at Yield nominal gage of 1.30” per NSF Mod. percent 13 Stress at Break nominal gage of 2.5” per NSF Mod. percent 560 Tear Resistance, ASTM D1004 N/cm 1230 N 200 Puncture Resistance, FTMS 101, 2065 N/cm 2280 N 347 ESCR, ASTM D1693, NSF Mod., Pass hours 1500 Dimensional Stability, ASTM D1204, NSF Mod., Max. percent 2.0 Low Temperature Brittleness C -60 Single-Point Notched Constant Tensile Load Time to Failure (hr) 200 Field Seam Properties 1. Shear Strength N/cm 212 2. Peel Strength N/cm FTB and 139 1. Film Tear Bond (FTB) is defined as failure of one of the sheets by tearing, instead of separating from the welded seam - that test specimen shall not fail by more than 10% into the seam. For double hot wedge fusion welded seam, both inside and outside tracks shall be tested. If the seam fails to pass, the seaming apparatus shall not be used for field seaming until any deficiencies have been corrected. This shall be verified by the production and successful testing of two consecutive test seams. 2. Vacuum Testing - All extrusion welded seams and “T” seams shall be evaluated using vacuum box testing. A sudsy soap solution shall be applied to the test section and the vacuum box placed over the section. The vacuum box shall maintain at least .2 bar vacuum during the test. Once a tight seal has been established, the test section shall be viably examined for a period of not less than 10 seconds to determine whether bubbling of the soapy solution at the seam is occurring. The vacuum box is then moved and the process is repeated on the next adjacent section. A minimum of 100 mm overlap shall be provided between all test sections. All locations where bubbling of the sudsy solution is observed shall be clearly marked for repairs with a high visibility marker and recorded by number on field test reports. Any failed portion of seam shall be repaired and retested. 3. Air Pressure Testing - Double wedge welded seams shall be sealed off at both ends. If the end of a seam will be an integral part of the geomembrane, the sealing shall be done in such a way that it does not harm the function of the geomembrane. The pressure feed device shall be inserted into the air channel at one end of the seam and pressurized to 1.5 - 2.0 bars. The feed valve shall be closed and the pressure sustained for a period of Page 38 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations SCHEDULE C not less than 3 minutes. The pressure shall then be released by slitting the air channel at the opposite end of the seam. The inspector shall observe the drop in pressure on the manometer to verify the continuity of the air channel. If a pressure loss of greater than .2 bar is observed or if the required pressure cannot be reached, then the seam shall be rejected, and shall be either reconstructed in its entirety or the leak located and patched. The entire seam shall then be retested according to the procedure outlined above. 4. All seams shall be non-destructively tested by the installer over their full length to verify the integrity of the seam. Non-destructive testing shall be performed concurrently with field seaming. All non-destructive testing shall be observed and documented by the inspector. 5. Seams failing a test shall be repaired and retested. 6. Where there are cap seams which cannot be subjected to a non-destructive test using geomembrane of the same batch under the supervision of the inspector, test the cap seams. Alternatively, remove the seam and adjacent geomembrane panel, replace and test. 2.4 Destructive Testing 1. Destructive testing of field seams shall be performed at selected locations in order to verify seaming properties. All sampling and testing shall be done concurrently with field seaming so that verification of field seam properties is made as the work progresses and corrective action implemented, if necessary. 2. Test samples shall be taken at an average frequency of one test location per 150 m of seam. Sample locations shall be determined by the inspector taking into consideration the difficulty of subsequent repair and testing. 3. Samples shall be cut under the direction of the inspector. Each sample shall be indelibly numbered and identified. Each sample shall be identified with the sample number, seam number, panel number, date, name of welding technician, and welding equipment number. 4. The inspector may increase the amount of destructive testing based on the results of previous testing. Additional samples may also be required when the inspector has reason to suspect the presence of excess crystallinity, contamination, faulty seaming equipment or any reason affecting seam quality. 5. The test sample shall measure approximately 300 mm wide by 1.0 metre long with seam centred lengthwise along the sample. 6. Twenty-five (25) mm wide sample strips shall be cut from the sample using an approved die, and tested by an on-site tensiometer. Two 25 mm wide samples shall be taken from each end for shear and peel testing. The seam shall not fail either test as specified in Section 2.3. 7. The remaining sample shall be tested in an independent tensiometer to qualify seam strength properties and Film Tear Bond (FTB) according to the procedures outlined in this section. The inspector shall cut ten (10) 25 mm wide replicate specimens from the sample and shall test 5 specimens for seam shear strength and 5 for peel strength. To be acceptable, 5 out of the 5 replicate specimens must pass for each mode of testing. All specimens must fail in Film Tear Bond (FTB); any specimen that fails through the weld, or by adhesion at the weld-sheet interface, is a non-film Tear Bond break and shall be considered a failure. 8. The test method and procedures to be used by the inspector shall employ a grip separation rate of 50 mm/min for peel and shear. c t Current to: August 10, 2019 Page 39 Environmental Protection Act Waste Resource Management SCHEDULE C Regulations 9. The area from which the destructive test sample was taken shall be repaired without delay and shall be non- destructively tested by vacuum box as described in Section 2.3.2. 2.5 Inspection and Acceptance 1. As the work progresses, the inspector shall document all locations requiring repair work and shall verify and document that all repairs have been successfully made. No work on the liner shall be allowed if the inspector is not present. This includes start-up tests, general seaming and patching, and any work on penetrations or structures. 2. Seams are only considered to be accepted after they have passed the specified non-destructive and destructive tests, and the equipment used to produce the seams has passed the required start-up tests. If a seam fails the above criteria, the seam must be reconstructed. 3. A double hot wedge fusion seam shall be considered acceptable only when both outside and inside track welds are destructively tested and meet the specification criteria. 4. If a seam fails the destructive test, the seam may be reconstructed between the point of failure and any previously accepted test. 5. In lieu of #4 above, the installer may trace the extent of unacceptable seam. Take 25 mm samples at minimum 3 metre distance on each side of failed section. Test in both shear and peel. If one or both tests fail, continue along seam at minimum 3 metre increments. Continue until tests indicate pass results. Then take large samples for field laboratory tensimeter testing. If field laboratory tests pass, make repairs - if they fail, continue. 6. Reconstruction or repair of failed seam lengths shall be either by capping of the failed seam (extrusion or fusion weld) or, in the case of a double fusion weld, by extrusion fillet welding the overlap to the bottom sheet. Cutting off the overlap and topping the failed fusion weld with extrudate will not be permitted. 7. If the overlap of the outside (i.e. visible) weld is less than 30 mm, extrusion welding of the overlap to the bottom sheet in the failed section will not be permitted. 8. Continuity of all reconstructed seams shall be subject to non-destructive testing. If reconstructed length exceeds 50 m, sample shall be taken for laboratory destructive testing. 9. The entire geomembrane surface shall be examined by the inspector to confirm that it is free of any defects, blisters, undispersed raw materials, or contamination by foreign matter. The geomembrane surface shall be cleaned, if required, so that it is free of dust, mud, debris or any other material which may inhibit a thorough examination of the surface. Any suspect areas shall be clearly marked by the inspector and non-destructively tested according to the appropriate specified testing procedure. 10. Overburden shall not be applied to any portion of the liner system until that portion system is inspected and has been approved. 11. Gouges or scratches associated with grinding or from other sources whose depths are in excess of 10% of the geomembrane thickness shall be classified as defects and will require appropriate repairs in accordance with these specifications. 12. Small tears, wrinkles or pinholes shall be repaired by seaming or patching. Other areas shall be patched or capped. Page 40 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations SCHEDULE C 13. Patches shall be round or oval, of the same material and thickness, and shall extend a minimum of 150 mm beyond the damaged or faulty area in all directions. 14. Geomembrane surfaces to be patched, shall be abraded, in accordance with these Specifications. Surfaces must be clean and dry. 15. Use approved extrusion welding equipment. 16. All repairs shall be non-destructively tested. 17. Cut and repair any large wrinkles or “fishmouths” identified by the inspector. 3.0 COMPACTED CLAY LINER 3.1 Compacted Clay Liner Quality Control Quality control of low permeability fill material and placement shall be based on the following minimum procedures and criteria: 1. Prior to constructing the compacted clay liner, a test section shall be constructed in two lifts to the specified thickness, consisting of not less than three panels 3 m wide and 10 m long. 2. Mixing methods shall be modified as necessary to achieve specified coefficient of permeability. 3. Placement and compaction methods shall be modified as necessary to achieve specified coefficient of permeability. 4. Samples and measurements of test section shall be taken. Physical parameters to be tested in the laboratory include grain size, moisture content, Atterberg Limits, moisture density relationship and hydraulic conductivity. Compacted in-situ density (by Nuclear Method ASTM D2922) and permeability by air entry infiltrometer shall be measured. 5. The method of construction, verified by the applicant, shall then be submitted to the Department of Fisheries, Aquaculture and Environment. Once submitted, no deviation from the method of construction will be allowed by the contractor unless written approval is obtained from the Minister. 6. The installer shall employ a certified geotechnical company with laboratory testing capabilities that can supply the qualified personnel and equipment necessary to perform the required tests. 7. The geotechnical company shall perform all required tests on the compacted clay liner material at the mixing/stockpile area. The results of these tests shall be approved prior to the material being used for liner construction. 8. The geotechnical company shall perform all tests on the compacted clay liner subgrade. The results of these tests shall be available for inspection as required. 9. The geotechnical company shall perform all required tests on the compacted clay liner material while it is being placed, and after it is complete, as defined in this specification. The results of these tests shall be submitted for approval immediately upon completion of the Test. 10. The geotechnical company shall certify that all specified requirements are met. c t Current to: August 10, 2019 Page 41 Environmental Protection Act Waste Resource Management SCHEDULE C Regulations 3.2 Compacted Clay Liner Quality Assurance 1. Quality Assurance of compacted clay liner material and placement shall be based on the following minimum procedures and criteria: 1. An independent inspector shall perform all required tests on the compacted clay liner material at the stockpile area. The results of these tests shall be submitted for approval prior to the material being used for liner construction. 2. The inspector shall perform all required tests on the compacted clay liner material while it is being placed, and after it is complete. The results of these tests shall be submitted for approval immediately upon completion of the tests. 3. The average results of any ten consecutive density tests shall be equal to or greater than the specified density. 4. Results of not more than two in any ten consecutive density tests may be less than the specified density. 5. Results of any ten consecutive moisture content tests shall be within the specified moisture content limits. 6. Results of not more than two in any ten consecutive moisture content tests may lie outside the specified content limits. 7. Permeability evaluated from results of tests shall be equal to or less than the specified permeability. 8. Average of results of any ten consecutive grain size tests shall be within the specified limits for grain size. 9. The testing shall include the items identified in Table 2 as a minimum: Page 42 Current to: August 10, 2019 t c Environmental Protection Act Waste Resource Management Regulations SCHEDULE C TABLE 2 COMPACTED CLAY LINER TESTING ITEM TESTING MINIMUM FREQUENCY Clay Prior to Placement Moisture Content 750 m3 Moisture-density curve 1 test/4000 m3 Grain Size 1 test/750 m3 Atterberg Limits (liquid 1 test/4000 m3 limit and plasticity index) Lab permeability (remolded 1 test/7500 m3 samples) In Place Liner Density Every 200 m2 of exposed lift surfaces Moisture Content 100 m3 Atterberg Limits (liquid 2 tests/hectare/lift limit and plasticity index) Grain size (to the 2-micron 2 tests/hectare/lift particle size) Moisture-density curve 1,500 m3 or a minimum of 1 every 3 days placement Laboratory permeability of 2 tests/hectare/lift - undisturbed soil sample undisturbed Shelby sample In-situ permeability 5 tests/hectare/lift - undisturbed Shelby sample 10. Any portions of the completed liner which do not achieve compacted dry density and moisture contents in the range specified shall be replaced. 2. Method of testing of the compacted clay liner shall be as follows: 1. The maximum density of low permeability fill and the optimum water content for compaction will be determined in accordance with ASTM D698, Method D. 2. Bulk density will be determined in the field in accordance with ASTM D2922 or with ASTM D1556, whichever is most suitable, to obtain a representative density of the fill tested. 3. Particle size analysis of the soil will be performed in accordance with ASTM D422. 4. Samples for hydraulic conductivity testing of the compacted soil shall be collected in thin walled Shelby tubes from the compacted liner and tested in the laboratory. Confining pressure during the permeability testing will be equal to the applicable surcharge load. (EC691/00) c t Current to: August 10, 2019 Page 43 Environmental Protection Act Waste Resource Management SCHEDULE D Regulations SCHEDULE D Manifest Form (EC576/04; 572/05) Page 44 Current to: August 10, 2019 t c