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"Point in Time" Regulation Content

Environmental Management Act

Hazardous Waste Regulation

B.C. Reg. 63/88

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 July 19, 2016
March 11, 2021
Section 2 July 19, 2016
Section 6 March 11, 2021
Section 24.1 July 19, 2016
Section 41.1 July 19, 2016
Section 42.2 March 11, 2021
Section 45 March 11, 2021
Section 46 March 11, 2021
Section 52 March 11, 2021
Section 54 March 11, 2021
Schedule 1 November 1, 2017
Schedule 1.1 November 1, 2017

 Section 1 (1) definitions of "contaminated site", "contamination", "ex situ" and "on site media" were added by BC Reg 179/2016, effective July 19, 2016.

 Section 1 (1) definition of "facility" BEFORE amended by BC Reg 179/2016, effective July 19, 2016.

"facility" means any works that are designed to or do handle, store, treat, destroy or dispose of hazardous waste, and includes recycle facilities, storage facilities, treatment facilities, incinerators, thermal treatment facilities, mobile facilities, secure landfills, piles, surface impoundments, land treatment facilities, secure buildings and in situ management facilities, but does not include an historical hazardous waste contaminated site;

 Section 1 (1) definition of "hazardous waste", paragraphs (i.2) and (t) were added by BC Reg 179/2016, effective July 19, 2016.

 Section 1 (1) definitions of "historical hazardous waste contaminated site" and "in situ management facility" BEFORE repealed by BC Reg 179/2016, effective July 19, 2016.

"historical hazardous waste contaminated site" means any land or groundwater which

(a) was contaminated with hazardous waste on or before April 1, 1988, and

(b) is no longer used for any activity which adds new hazardous waste contamination to the land at that location;

"in situ management facility" means a facility used to

(a) prevent or control the movement or release of hazardous waste contaminants, or

(b) treat or destroy hazardous waste contaminants in soil or groundwater

at an historical hazardous waste contaminated site in such a way that the physical location of the hazardous waste contaminants and the soil is not substantially altered;

 Section 1 (3) was added by BC Reg 179/2016, effective July 19, 2016.

 Section 1 (1) definition of "household hazardous waste", paragraph (a) (iii) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(iii) a person's use in relation to his or her own residence, and

 Section 2 (11) and (12) BEFORE repealed by BC Reg 179/2016, effective July 19, 2016.

(11) Subject to subsection (12), sections 3, 6 to 13, 25, 28 and 33 do not apply to a facility used to manage hazardous waste from an historical hazardous waste contaminated site if

(a) the facility is located on the historical hazardous waste contaminated site or on other land that the director may approve,

(b) any requirement imposed by the director under subsection (12) is met, and

(c) in the case of an in situ management facility, the person who constructs the facility and the person who operates the facility receive a director's prior approval of the construction or operation.

(12) If a director considers it necessary for the protection of the public or the environment, the director may impose a requirement, in relation to a facility exempted under subsection (11), that the director considers will accomplish the same purpose as a requirement in a provision from which the facility is exempt.

 Section 6 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) The owner of a hazardous waste facility must keep for inspection by an officer an operating record at his or her facility and must record in a written or retrievable electronic form the following information for each hazardous waste received, stored or shipped:

 Section 24.1 (2) BEFORE amended by BC Reg 179/2016, effective July 19, 2016.

(2) Subsection (1) does not apply in relation to an on-site hazardous waste landfill associated with contaminated site remediation activities.

 Section 41.1 (1) (a) BEFORE repealed by BC Reg 179/2016, effective July 19, 2016.

(a) treatment and storage on the site where the hydrocarbon contaminated soil was generated,

 Section 42.2 (2) (a) and (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) by an occupant of a residential property from his or her place of residence, or

(b) by a farmer from his or her farm.

 Section 45 (5) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(5) Where a holder of a transport licence violates the terms of his or her licence or contravenes the Act or a regulation under the Act, a director may suspend or cancel his or her licence.

 Section 46 (2) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(c) the hazardous waste is transported by a homeowner or farmer from his or her home or farm directly to a facility operated by the government or, a municipality or an agent of the government or a municipality.

 Section 52 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(2) Part 7 of this regulation does not apply to an officer, as defined in the Act, during the performance of his or her duties where the officer is responding to an accidental spill or abandonment of dangerous goods.

 Section 54 BEFORE repealed by 2003-53-141 (3), effective March 11, 2021.

Transition — hazardous waste storage permits

54   During the period that this provision is in force in accordance with section 141 (3) of the Act, despite the repeal of section 10 of the Waste Management Act, a director may

(a) order that a specific permit issued under that section of the Waste Management Act authorizing the storage, treatment, disposal or recycling of hazardous waste remains valid and in force,

(b) exercise the authority under section 13 of the Waste Management Act in relation to a permit in respect of which the director has made an order under paragraph (a) as if that section had not been repealed, and

(c) cancel an order under paragraph (a).

[en. B.C. Reg. 319/2004, s. 43.]

 Schedule 1 BEFORE re-enacted by BC Reg 243/2016 (as amended by BC Reg 195/2017), effective November 1, 2017.

Schedule 1

[en. B.C. Reg. 132/92, s. 34.]

Dioxin Toxicity Equivalency Factors


Column 1Column 2

CongenersTEF*

2,3,7,8-tetrachlorodibenzo-p-dioxin1.000
1,2,3,7,8-pentachlorodibenzo-p-dioxin0.500
1,2,3,4,7,8-hexachlorodibenzo-p-dioxin0.100
1,2,3,6,7,8-hexachlorodibenzo-p-dioxin0.100
1,2,3,7,8,9-hexachlorodibenzo-p-dioxin0.100
1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin0.010
octachlorodibenzo-p-dioxin0.001
2,3,7,8-tetrachlorodibenzofuran0.100
1,2,3,7,8-pentachlorodibenzofuran0.050
2,3,4,7,8-pentachlorodibenzofuran0.500
1,2,3,4,7,8-hexachlorodibenzofuran0.100
1,2,3,6,7,8-hexachlorodibenzofuran0.100
1,2,3,7,8,9-hexachlorodibenzofuran0.100
2,3,4,6,7,8-hexachlorodibenzofuran0.100
1,2,3,4,6,7,8-heptachlorodibenzofuran0.010
1,2,3,4,7,8,9-heptachlorodibenzofuran0.010
octachlorodibenzofuran0.001
  
* Toxicity equivalency factor 

 Schedule 1.1 BEFORE re-enacted by BC Reg 243/2016, effective November 1, 2017.

Schedule 1.1

[en. B.C. Reg. 132/92, s. 34.]

PAH Toxicity Equivalency Factors


Column 1Column 2

PAHTEF*

benzo[a]anthracene0.1
benzo[a]pyrene1.0
benzo[b]fluoranthene0.1
benzo[k]fluoranthene0.1
dibenzo[a,h]anthracene1.1
indeno[1,2,3-cd]pyrene0.2
  
* Toxicity equivalency factor