Local Government and the Waste Management Act

Local governments operate landfills, sanitary sewers and storm-water sewers.  Each of these are potential sources of pollution that can damage the aquatic environment, as well as contributing to other environmental problems.

There are several mechanisms for regulating local governments emissions into the environment.  The Waste Management Act allows:

·          local governments, developers or others to operate landfills and dispose of liquid municipal waste if they have a permit.  (See Waste Management Act)

·          local government to operate landfills and dispose of liquid municipal waste under an approved waste management plan. (See below)

·          local governments or developers to dispose of liquid municipal waste if they comply with the Municipal Sewage Regulation and register under it. (See Waste Management Act Regulations)

The Waste Management Act also gives local governments powers to regulate solid waste and recycling and discharges to sewers.  In addition, it gives the Greater Vancouver Regional District powers to regulate air emissions. 

Waste Management Plans

The Waste Management Act allows municipalities and regional districts to develop Waste Management Plans for approval by the Minister of Water, Land and Air Protection. Waste Management Plans can cover various topics: solid waste, liquid waste, and biomedical waste. In each case, the plans include:

·          a relatively high level strategy to ensure that waste disposal conforms with Ministry objectives,

·          an implementation schedule, and

·          measures to accommodate future municipal growth.

Once a plan is approved by the Minister of Water, Land and Air Protection, regional managers issue operational certificates for specific waste management facilities.  Certificates contain many of the details that normally found in permits. The plan and the certificates authorize discharges of waste and storage of recyclable materials that are consistent with them. 

Historically, the Ministry of Water, Land and Air Protection has taken a somewhat lax approach to enforcement of the Waste Management Act against municipalities.  To a certain extent waste management plans formalize this approach while still identifying long term goals.  They create schedules for long-term compliance, but the timing takes into account the ability to finance the upgraded sewage facilities.  Unlike permits, high level decisions in waste management plans such as timing of moves to secondary treatment cannot be appealed to the Environmental Appeal Board.

Development of waste management plans by local government is generally voluntary, and local governments can choose to use the regular permitting process.  However, the Minister can require local governments to develop plans.  Where the Minister requires a waste management plan, municipalities do not need to ask local voters to approve implementation of the plan (the Local Government Act requires certain large infrastructure expenditures to be approved by voters). 

Content of Liquid Waste Management Plans

The Ministry of Water, Land and Air Protection’s Guidelines for Developing a Liquid Waste Management Plan requires Liquid Plans to include a schedule for moving toward secondary sewage treatment, but the Ministry will accept interim steps such as primary treatment.  The plans must also include a plan for addressing:

·          combined sewer overflows,

·          urban stormwater runoff,

·          municipal sludge management,

·          pump station overflows,

·          subdivisions with on-site disposal, and

·          source control programs (to deal with disposal of industrial, institutional and commercial waste to the municipal system).  

Standards based on the “Best Available Control Technology” (BACT) have not been set for other components of a Liquid Waste Management Plan.

Content of Solid Waste Management Plans

The Ministry of Water, Land and Air Protection’s Guide to the Preparation of Regional Solid Waste Management Plans by Regional Districts sets out the policies for solid waste management plans. The ultimate objective of plans is that regional solid waste stream be reduced to the greatest extent possible, in accordance with the hierarchy of reduce, reuse, and recycle.  Technical criteria for approval of landfills are found in the Landfill Criteria for Municipal Solid Waste.

Public Participation in Waste Management Plans

Municipalities are required to provide a process for comprehensive review and consultation with the public respecting all aspects of the development and content of a waste management plan, and the Minister cannot approve a plan until satisfied adequate consultation has occurred.  Further details on public consultation are contained in the waste management planning guidelines.

Approvals of waste management plans by the Minister can not be appealed to the Environmental Appeal Board, but details in operational certificates can be appealed.  (See Appeals to the Environmental Appeal Board on the Waste Management Act page) 

Local Government Powers

Local governments have a number of powers under the Waste Management Act:

·          Regional districts can, for the purposes of implementing an approved waste management plan, pass bylaws regulating the transportation and management of solid waste and recyclable materials.  Bylaws can potentially be used to require land fills to install pollution prevention works or to follow codes of practice that avoid harm to the environment.  Regional Districts can be given additiona powers by regulation

·          Where cabinet (the Lieutenant Governor in Council) designates a municipality as a sewage control area, the municipal council must appoint a sewage control officer, who has the power to regulate the discharge of commercial, institutional or industrial waste into the municipal sewage system.

·          Regional Districts that operate sewer systems can pass bylaws regulating sewage disposal into the systems.

·          The GVRD is given the power to regulate air emissions in the GVRD.

Related Guide Pages:

·          Waste Management Act

·          Stormwater and Sewage

For more information about Local Government and the Waste Management Act:

·          An electronic copy of the Waste Management Act.

·          Ministry of Water, Land and Air Protection, Local Government Home Page and especially their Guidelines for Developing a Liquid Waste Management Plan and Guide to the Preparation of Regional Solid Waste Management Plans by Regional Districts.