The proposed fee increase is expected to result in the ministry fully recovering costs of the ministry’s regulatory Hazardous Waste Program. This is consistent with:
- The 2015 Ontario Budget commitment to increase Hazardous Waste Fees;
- The recommendation of the Commission on the Reform of Ontario’s Public Service (CROPS) to “move towards full cost recovery and user-pay models for environmental programs and services”;
- The ministry’s Statement of Environmental Values and the September 2014 mandate letter in which Premier Kathleen Wynne directed the Minister of the Environment and Climate Change to place greater emphasis on the ‘polluter pays’ principle; and,
- The Auditor General’s 2007 recommendation to assess the adequacy of the Hazardous Waste fees in offsetting regulatory program costs.
Scope of Amending Regulation
Fees & Assessment
Every generator of subject waste who is required to submit an initial or annual Generator Registration Report under section 18 of Regulation 347 is subject to the fees established by the proposed regulation.
The fees proposed to be established in the regulation include three components:
- Initial and Annual Generator Registration Report Fee - a fee of $50.00 with the submission of an initial or annual Generator Registration Report as required by subsection 18 of Regulation 347.
- Manifest Fee - A fee of $5.00 per completed manifest in the Calendar year in which the Report was submitted with respect to the transfer of subject waste as required by clause 19(1)(a) of Regulation 347
- A Tonnage Fee for hazardous waste generated of:
i. From January 1st, 2016 to December 31st, 2016 -$20.00 per tonne
ii. From January 1st, 2017 onward - $30.00 per tonne
The tonnage fee is applied to every generator who transfers hazardous waste from their waste generation facility or disposes of hazardous waste at the waste generation facility (in accordance with the appropriate environmental approvals) where it is generated.
(Note: Fees are calculated based on the amount of waste reported as transferred off-site and received by a receiver or the amount of waste reported in the annual Generator Registration Report as disposed of at the waste generation facility in accordance with the appropriate environmental approvals. If the hazardous waste is stored or processed at the waste generation facility, the tonnage component of the fees is not calculated until it is either shipped off-site or disposed of at the waste generation facility.)
The Generator Registration Report component of the fee is due upon submission of the initial or annual Generator Registration Report. All other components of the fees are to be paid in accordance with the Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste (Manual).
Note: The Manual will be amended to provide additional information on ministry processes in relation to the administration of fees and any consequential changes to reflect any wording in the proposed Regulation. These amendments are expected to be administrative in nature and will be posted on the Environmental Registry prior to the effective date of the regulation, if approved.
The ministry will require that all outstanding fees that are payable in a calendar year must be paid prior to the posting of the annual Generator Registration Report in the following calendar year, or upon notifying the ministry that the waste generation facility has ceased operations and no longer requires registration.
Where the estimated amount of hazardous waste disposed of on-site in a calendar year (reported in an initial or annual Generator Registration Report) is less than the actual amount disposed of at the waste generation facility in that calendar year (reported in the subsequent annual Generator Registration Report), the remaining fee must be paid prior to the posting of the annual Generator Registration Report. Where the fee paid for the year is greater than the actual fee owed, the amount will be maintained in the generator’s pre-paid account for use over the following year.
The proposed regulation will continue the policy intent of the fee exemptions as set out in the ‘Minister’s Requirement for Hazardous Waste Fees’. These are described below.
Exemptions from Tonnage Component
- The generator is exempt from the tonnage component of the fee in respect of hazardous waste that is transferred to a waste transportation system (i.e. a carrier) for direct transportation to a receiver that is identified on the list of “Tonnage Fee Exempt Recycling Facilities” (https://www.hwin.ca/hwin/oda/recyclers.jsp). The waste must also meet the conditions specified in the list for this exemption to apply.
- If the tonnage component of the hazardous waste fee has already been paid by a generator and the same waste is being transferred again (i.e., from a Transfer station to another receiver) the tonnage component of the fee is not assessed again.
Exemptions from all three fee components
- The generator will be exempt from all three fee components where the ministry is satisfied that the subject waste generated at a facility is the direct result of collection of Municipal Hazardous and Special Waste (MHSW) as defined in O. Reg. 542/06 made under the Waste Diversion Act, 2002.
- The generator will be exempt from all three fee components where the ministry is satisfied that the subject waste generated at a facility that is a contaminated site and is the direct result of remediating contaminated materials located on, in or under a waste generation facility. Examples of this include:
• Waste generated as a result of remediation to meet soil, groundwater and sediment standards as identified in “Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act” (http://www.ontario.ca/document/soil-ground-water-and-sediment-standards-use-under-part-xv1-environmental-protection-act).
• Waste generated as a result of remediation to meet soil, groundwater and/or sediment standards established in a Risk Assessment ( as defined in Part XV.1 of the EPA)
• Waste generated as a result of remediation to meet soil, groundwater and/or sediment standards established in a ministry instrument
• Waste generated during the clean-up of a facility that has come under the care and control of the Province
- The generator will be exempt from all three fee components where the MOECC is satisfied that the subject waste was generated as a result of a spill, and the ministry’s Spills Action Centre has been given notice of the spill, and has provided a generator registration number for the purpose of transferring the subject waste in an effort to immediately clean up a spill.