The Ontario Waste Management…

The Ontario Waste Management Association does not support the HSP regulation as currently drafted. The proposed regulation fails to establish an EPR regulatory framework that recognizes the significant environmental and human health & safety risk associated with hazardous waste and a regulatory framework that will support increased waste diversion.

The proposed HSP regulation, is needlessly confusing, contains serious omissions, is based on incorrect assumptions regarding the current management of MHSW and is more reflective or a regulation that has been ‘rushed’ and not fully developed. For example:

The proposed regulation, in its current wording, does not exclude producers that supply materials exclusively to IC&I businesses that are required to manage the wastes that they generate based on the requirements of Regulation 347 simply due to some products dispensed in containers that are 30 litres or less. The reference to containers “greater than 30 litres” (and/or 30 kilograms) is a wholly inadequate and erroneous method of excluding large generators. This appears to be a significant oversight which could substantially disrupt the collection network. The HSP Regulation must include provisions to exclude materials that are required to be managed under the requirements of Regulation 347 and would not be managed through the collection network requirements of the regulation.

Also, the de minimis thresholds exempt producers from being obligated if they only contribute a ‘small amount’ of hazardous or special products into the market, as described in Section 8 of the proposed regulation. It is paramount that the characteristics of the materials, compounds and chemicals managed under the HSP regulation continue to be recognized and acknowledged as ‘hazardous’ in terms of the potential adverse impact on human health & safety and on the environment, irrespective of the quantity. Based on the proposed exemptions, this regulation moves Ontario further away from a producer responsibility regime and instead adds costs on municipal governments, taxpayers and large producers. The proposed de minimis exemptions for small producers are an inadvisable policy with no evidence or data to support their rationale. The de minimis exemptions listed in Section 8 of the proposed regulation should be removed.

The proposed regulation will result in a reduction from current MHSW program performance in both the number of products and the volume of hazardous and special wastes managed. The opportunity to expand the management of HSP materials and increase diversion volumes under the new regulation has been rejected in the draft regulation. In this respect OWMA can only support a regulation that:

• Establishes aggressive waste diversion targets (collection and management targets);
• Clearly and unequivocally requires producers to fund 100% of the amount of materials that are collected;
• Sets realistic and achievable requirements for producers and service providers, compelling them to leverage the efficiencies and consumer value that comes with an open, competitive marketplace for diverting hazardous and special waste;
• Avoids unnecessary exemptions;
• Includes rigorous requirements for transparent and accountable reporting and auditing.

Our detailed comments are included in the enclosed submission document.