PCB Waste Export Regulations, 1996 (SOR/97-109)

Regulations are current to 2017-07-03

PCB Waste Export Regulations, 1996

SOR/97-109

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 1997-02-04

PCB Waste Export Regulations, 1996

P.C. 1997-155 1997-02-04

Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection ActFootnote a, the Minister of the Environment published in the Canada Gazette, Part I, on October 5, 1996, a copy of the proposed PCB Waste Export Regulations, 1996, substantially in the form annexed hereto;

Whereas, within the sixty days after the publication of the proposed Regulations, notices of objection requesting that a board of review be established under section 89 of that Act and stating the reasons for the objections were filed pursuant to subsection 48(2) of the Canadian Environmental Protection ActFootnote a with the Minister of the Environment;

Whereas the Minister of the Environment did not establish the board of review that was requested pursuant to subsection 48(2) of the Canadian Environmental Protection ActFootnote a;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection ActFootnote a, the annexed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament;

Therefore, His Excellency the Governor General in Council, pursuant to sections 34Footnote b and 45Footnote c of the Canadian Environmental Protection ActFootnote a, on the recommendation of the Minister of the Environment and the Minister of Health and after the federal-provincial advisory committee has been given an opportunity to provide its advice under section 6 of that Act, hereby makes the annexed PCB Waste Export Regulations, 1996.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

authorized carrier

authorized carrier means

  • (a) in the case of a carrier that is required under the applicable laws to be the holder of a licence, permit, certificate or other written authorization to carry the type of PCB waste that is being exported, a carrier in respect of which such licence, permit, certificate or other written authorization has been issued by the competent governmental and international authorities; and

  • (b) in any other case, a carrier that is authorized under the applicable laws to carry the type of PCB waste that is being exported. (transporteur agréé)

authorized facility

authorized facility means a facility in respect of which a licence, permit, certificate or other written authorization has been issued under the TSCA by the U.S. EPA for the disposal of PCB waste. (installation agréée)

Chief

Chief means the Chief of the Transboundary Movement Division, Operations Branch, Department of the Environment. (chef)

country of transit

country of transit means a country, excluding all airspace and marine areas outside the limits of its territorial sea, into which a PCB waste is being or is proposed to be imported and from which that PCB waste is being, or is proposed to be, subsequently exported without being disposed of. (pays de transit)

disposal

disposal means any operation, other than landfilling with PCB waste, that will destroy PCB waste, whether by dechlorination, by incineration or other thermal treatment or by any other method of destruction, and includes any operation that will

  • (a) decontaminate PCB waste; and

  • (b) dispose of the residues from the decontamination of PCB waste.

This definition includes temporary storage of PCB waste awaiting disposal at the authorized facility indicated on the PCB waste notice as the foreign receiver’s authorized facility. (élimination)

electrical equipment

electrical equipment means any manufactured item, including any transformer or capacitor, that contains or is contaminated by a PCB liquid, PCB mixture or PCB solid. (équipement électrique)

exporter

exporter means any person who proposes to export or who exports a PCB waste from Canada; (exportateur)

PCB

PCB means any chlorobiphenyl described in item of the List of Toxic Substances in Schedule I to the Act. (BPC)

PCB-contaminated soil

PCB-contaminated soil means any soil or other loose material contaminated by a PCB liquid, PCB solid or PCB mixture to the extent that the soil or material contains 50 mg or more of PCBs per kilogram of the soil or material. (sols contenant des BPC)

PCB equipment

PCB equipment means any equipment that contains or is contaminated by a PCB liquid, PCB mixture or PCB solid, but does not include electrical equipment. (matériel contenant des BPC)

PCB liquid

PCB liquid means a liquid that contains 50 mg or more of PCBs per kilogram of the liquid. (liquide contenant des BPC)

PCB mixture

PCB mixture means a mixture that contains 50 mg or more of PCBs per kilogram of the mixture. (composé contenant des BPC)

PCB solid

PCB solid means a solid that contains 50 mg or more of PCBs per kilogram of the solid. (solide contenant des BPC)

PCB waste

PCB waste means

  • (a) any PCB liquid, PCB solid, PCB mixture, PCB equipment, PCB-contaminated soil or electrical equipment, that is no longer being used in Canada; and

  • (b) any packaging or container that has held any of the items referred to in paragraph (a), that is no longer being used in Canada and that is contaminated with 50 mg or more of PCBs per kilogram. (déchets contenant des BPC)

PCB waste notice

PCB waste notice means the notice of the proposed export of PCB waste for the purpose of notifying the Minister under subsection 185(1) of the Act. (préavis)

TSCA

TSCA means the Act of the United States entitled the Toxic Substances Control Act, 40 CFR, c. 1. (loi TSCA)

U.S. EPA

U.S. EPA means the United States Environmental Protection Agency. (U.S. EPA)

  • SOR/2000-103, s. 8.

Application

 These Regulations apply where Canada is not a country of transit.

Export

 No person shall export PCB waste

  • (a) to a country other than the United States; and

  • (b) for any purpose other than for disposal.

Pcb Waste Notice

 A PCB waste notice shall be in the form set out in Schedule I.

 A PCB waste notice shall have a reference number, provided by the Chief, that is unique to that notice.

 A PCB waste notice shall provide

  • (a) the identification number, set out in column II of Schedule II, for the type of PCB waste set out in column I of the same item of that Schedule; and

  • (b) the identification number, set out in column II of Schedule III, for the type of disposal operation set out in column I of the same item of that Schedule.

 A PCB waste notice shall be given to the Chief by hand delivery, registered mail or facsimile.

 Where more than one export of PCB waste is proposed, an exporter shall give a separate PCB waste notice for each of the proposed exports, unless all of the PCB wastes in question

  • (a) have essentially the same physical and chemical characteristics;

  • (b) are to be shipped to the same authorized facility for disposal; and

  • (c) are to be shipped only through those customs offices that are specified in the PCB waste notice.

 An exporter shall give a PCB waste notice within the 12 months before the export of the PCB waste.

Conditions

 An exporter may export PCB waste to the United States for disposal only if

  • (a) the export of that PCB waste is not prohibited under the laws of Canada;

  • (b) at the time the PCB waste notice is given, the United States has not notified the Chief that import of that PCB waste into the United States is prohibited;

  • (c) the Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Waste, which came into effect on November 8, 1986, in its form as amended on November 25, 1992, is in effect at the time of export;

  • (d) the exporter is a resident of Canada or, in the case of a corporation, has a place of business in Canada;

  • (e) the exporter is a person

    • (i) whose activity generated the PCB waste,

    • (ii) who is removing the PCB waste from a site that the person owns or operates, for disposal,

    • (iii) who is acting on behalf of a government, or

    • (iv) who collects or receives PCB waste and then processes it for disposal at the person’s facility in a manner that changes the physical and chemical characteristics of that PCB waste;

  • (f) the PCB waste is being exported to an authorized facility;

  • (g) the exporter takes all practicable measures to ensure that the PCB waste will be transported and disposed of in a manner that protects the environment and human health from the adverse effects that could result from the transportation and disposal of that PCB waste;

  • (h) there is a signed, written contract or a series of such contracts between the exporter and the person who imports the PCB waste into the United States or, where the exporter and the person who imports the PCB waste into the United States are the same legal entity doing business in both Canada and the United States, there is a signed, written arrangement between representatives of the entity in both countries;

  • (i) the contract, series of contracts or arrangement referred to in paragraph (h)

    • (i) specifies the type of disposal operation set out in column I of an item of Schedule III and provides the identification number set out in column II of that item and, in the case of a disposal operation with identification number PCB-D-6, provides a full description of the operation,

    • (ii) includes a clause stating that the PCB waste is to be exported for disposal only,

    • (iii) includes a clause that requires the person who imports the PCB waste into the United States to submit to the Chief

      • (A) within the five days after the person accepts delivery of the PCB waste, a copy of the manifest referred to in paragraphs (p) to (s), duly completed and signed, and

      • (B) within the 30 days after the PCB waste is disposed of and, where applicable, after residues from the decontamination of transformers and PCB waste have been disposed of, written confirmation that it has been disposed of,

    • (iv) includes a clause that requires the person who imports the PCB waste into the United States, where delivery has been accepted by the authorized facility and the PCB waste cannot be disposed of in accordance with the terms of the contract, series of contracts or arrangement, to take all practicable measures to help the exporter fulfil the terms of the exporter’s obligations under section 11, and

    • (v) includes a clause that identifies the facility in which the PCB waste will be temporarily stored, for a maximum period of 90 days, if it is not immediately accepted by the authorized facility identified in the PCB waste notice;

  • (j) each carrier named in the PCB waste notice is an authorized carrier;

  • (k) each facility named in the PCB waste notice is an authorized facility;

  • (l) the exporter and the carrier of the PCB waste, if other than Her Majesty in right of Canada or a province or Her agent, are insured for liability in accordance with section 12;

  • (m) the exporter receives from the person who imports the PCB waste from Canada a copy of

    • (i) the written authorization issued under the TSCA to that person by the U.S. EPA authorizing that person to import the PCB waste from Canada or a document reflecting the fact that 45 days have lapsed and that no objection has been made by the U.S. EPA against its import, and

    • (ii) the licence, permit, certificate or other written authorization issued under the TSCA by the U.S. EPA for the disposal of the PCB waste;

  • (n) the exporter annexes to the PCB waste notice the following documents:

    • (i) on request from the Chief, a copy of the authorizations referred to in subparagraphs (m)(i) and (ii),

    • (ii) a copy of the contract, series of contracts or arrangement referred to in paragraph (h), excluding any confidential financial information, and

    • (iii) a copy of the exporter’s and the carrier’s policy or certificate of insurance, with respect to the insurance referred to in section 12;

  • (o) the exporter receives written confirmation from the Chief that

    • (i) the Chief has been notified in writing by the U.S. EPA that it consents, in accordance with the laws of the United States with respect to giving that consent, to the proposed import of the PCB waste into the United States, or

    • (ii) the U.S. EPA has not, within the 45 days after its written acknowledgement of receipt of the PCB waste notice, made any objection to the import of the PCB waste;

  • (p) the exporter completes and signs Part A of a manifest, in Form 1 of Schedule IV to the Transportation of Dangerous Goods Regulations, and sends the manifest, in accordance with Part IV of those Regulations, as though the exporter were a consignor;

  • (q) the carrier completes, signs and dates Part B of the manifest in accordance with Part IV of the Transportation of Dangerous Goods Regulations, and the exporter ensures that Part C of the manifest will be completed, signed and sent in accordance with Part IV of those Regulations;

  • (r) the reference number of the PCB waste notice is on the manifest;

  • (s) the manifest, with copies of the PCB waste notice and the written confirmation referred to in paragraph (o) attached thereto, accompanies the PCB waste, and copies of the manifest and its attachments are deposited at the customs office at which the PCB waste is required to be reported under section 95 of the Customs Act; and

  • (t) where the PCB waste is to be exported through a country of transit,

    • (i) at the time the PCB waste notice is given, the Chief has not received notice in writing from the country of transit that transit of that PCB waste through that country is prohibited, and

    • (ii) the exporter receives written confirmation from the Chief

      • (A) that the Chief has received notice in writing from the authority in the country of transit who is legally competent to consent to the transitting through that country of PCB waste that the authority consents, in accordance with the laws of that country with respect to giving that consent, to the proposed transit, or

      • (B) that, in those cases in respect of which the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, signed on March 22, 1989, provides that export of the PCB waste may proceed if the country of transit has not responded within the 60 days after receiving notification of the proposed transit of the PCB waste through it, the Chief has not received notice in writing from the authority in the country of transit who is legally competent to consent to the transitting through that country of PCB waste that the authority refuses to consent, in accordance with the laws of that country with respect to refusing that consent, to the proposed transit.

Alternative Arrangements

 Where a PCB waste was exported but as a result of an unforeseen event cannot be received or disposed of in accordance with the contract, series of contracts or arrangement referred to in paragraphs 10(h) and (i), the exporter shall immediately so notify the Chief and the U.S. EPA and

  • (a) make such arrangements as may be approved by the Chief and the U.S. EPA, for the PCB waste to be both temporarily stored and disposed of within the 90 days after the date of delivery or within such longer period as the exporter, the Chief and the U.S. EPA may agree on; or

  • (b) make such arrangements as may be approved by the Chief and the U.S. EPA to return the PCB waste to the exporter’s facility in Canada.

Liability Insurance

  •  (1) Exporters and carriers of PCB waste shall have insurance in respect of

    • (a) any third-party damages for which the exporter or carrier is responsible; and

    • (b) any costs imposed by the applicable laws on the exporter or carrier for cleaning up the environment in respect of any PCB waste that is released into the environment.

  • (2) In the case of exporters, the amount of insurance in respect of each export of PCB waste shall be at least $5,000,000.

  • (3) In the case of carriers, the amount of insurance in respect of each shipment of PCB waste shall be the amount required by the laws of the country in which the PCB waste is carried.

  • (4) The insurance shall cover liability from the time PCB waste leaves the shipping site of the exporter to the time an authorized facility accepts delivery of the PCB waste for disposal.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on February 4, 1997.

SCHEDULE I(Section 4)Pcb Waste Notice

For proposed export of PCB wastes, where Canada is not a country of transit, pursuant to subsection 185(1) and section 191 of the Canadian Environmental Protection Act, 1999

Form

GRAPHIC IS NOT DISPLAYED, SEE SOR/97-109, PP. 11, 12; SOR/2000-103, S. 9.

  • SOR/2000-103, s. 9.

SCHEDULE II(Paragraph 6(a))

TYPE OF PCB WASTE AND IDENTIFICATION NUMBER

ItemColumn IColumn II
Type of PCB WasteIdentification Number
1PCB equipment or electrical equipment containing commercial formulations consisting principally of PCB liquids, PCB mixtures or PCB solids.PCB-1
2Transformers that contained PCBs but have subsequently been drained and refilled with a non-PCB dielectric fluid that contains residual PCB concentrations of 50 mg or more of PCBs per kilogram of the fluid.PCB-2
3Commercially formulated PCB liquids drained from PCB equipment or electrical equipment, or PCBs/solvent mixtures obtained through the flushing and rinsing of such equipment.PCB-3
4All other liquid wastes, including solvents and waste oils, which may be described as secondary fuels, that contain 50 mg or more of PCBs per kilogram of the liquid.PCB-4
5Any soil or other loose materials, including absorbents, that contain 50 mg or more of PCBs per kilogram of the solid.PCB-5
6Packaging or containers that have held PCB liquids, PCB solids, PCB mixtures, PCB equipment, PCB-contaminated soil or electrical equipment, and that are contaminated by 50 mg or more of PCBs per kilogram.PCB-6

SCHEDULE III(Paragraph 6(b) and subparagraph 10(i)(i))

TYPE OF DISPOSAL OPERATION AND IDENTIFICATION NUMBER

ItemColumn IColumn II
Type of Disposal OperationIdentification Number
1DechlorinationPCB-D-1
2Incineration or other thermal treatmentPCB-D-2
3Decontamination of transformers to a level of surface contamination of less than 10 µg of PCBs per 100 cm2 of transformer surfacePCB-D-3
4Decontamination of PCB waste, other than transformers, to a level of less than 50 mg of PCBs per kilogram of wastePCB-D-4
5Destruction of residues from the decontamination of PCB equipment, electrical equipment, PCB-contaminated soil, packaging or containersPCB-D-5
6Other methods of destructionPCB-D-6
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