Waste Management Act
The BC Waste Management
Act (1982) is the central
anti-pollution law in the province, regulating the introduction of waste into
the environment. Administered through
the Ministry of Water, Land and Air Protection,
the Act contains a number of key elements:
·
A broad prohibition against introducing waste into
the environment without government approval.
·
Authorization for introducing waste into the
environment where authorized by permits or regulations,
or by other laws.
·
A special system for regulating municipal waste
operations including sewage systems and combined sewer outflows. (See the Guide
Page on Local Governments and Waste Management Act)
·
Powers for local governments to regulate solid waste
and disposal of liquid waste into their sewage system. (See the Guide Page on Local
Governments and Waste Management Act)
·
A regime for the assessment and clean up of sites contaminated by past industrial or commercial activity.
·
Powers to make special pollution prevention and
abatement orders.
·
Rights of public participation, including rights to
appeal permit decisions.
“Waste” is broadly defined and
includes “air contaminants, litter, effluent, refuse, and biomedical waste” as
well as other substances designated by the provincial cabinet. Both air contaminants and effluent are defined
by the Act in terms of their potential to harm human health, the natural
environment, business opportunities or property (among other things).
Introducing waste into the environment
The pollution prevention
provisions of the Waste Management Act begins with two broad prohibitions:
·
A person must not in the course of conducting a
industry, trade or business, introduce waste into the environment.
·
A person must not introduce waste into the
environment in such a manner or quantity as to cause pollution (defined as the
presence in the environment of contaminants that substantially alter or impair
the usefulness of the environment).
However, the Act then lists a
number of exceptions, including that the introduction of waste into the
environment is legal if it is in compliance with:
·
a permit, approval or variance order – The
government may use each of these types of authorization to allow a specific
individual or facility to introduce waste into the environment;
·
a regulation – The Provincial cabinet may pass regulations
that authorize emissions from a particular industry or a class of facilities;
·
an approved waste management plan – A municipal
government may be authorized to dispose of its waste under a plan approved by
the provincial government (See the Guide Page on Local
Governments and Waste Management Act); and
·
a pollution abatement order or pollution prevention
order – Orders given by the government to stop pollution that is occurring or
may occur can temporarily authorize limited discharges of waste.
In addition, the Act exempts
certain activities authorized under other legislation from requiring a permit
or other authorization under the Waste Management Act. Examples include:
·
internal combustion engines in compliance with the
Motor Vehicle Act;
·
disposal of waste into a municipal system;
·
emissions from incinerators that are allowed under
municipal bylaws;
·
the burning leaves or other organic debris that
falls under the Weed Control Act; and
·
the use of pesticides in compliance with the Pesticide Control Act.
Permits,
issued by the government, is the primary system for regulating large industrial
operations. A permit sets out how much
and what type of wastes a facility can introduce into the environment. It may also set conditions for keeping the
impact of the waste to a minimum.
The
Ministry of Water, Land and Air Protection maintains industry sector objectives
and water or air quality objectives that guide the levels of waste that the Ministry
will authorize in a permit. However, a
permit may also impose site specific requirements that flesh out details of the
objectives and protect the environment.
Conditions
in permits typically include requirements for specific types of pollution control
equipment, maximum emission levels (often expressed as a rate of emissions
without regard to total amounts that can be discharged), and monitoring
requirements. However, permits can
include a broad range of other requirements related to reducing the impact of
emissions or understanding those impacts.
For example, permits may require:
·
works that protect habitat from pollution;
·
polluters to monitor levels of pollution in the
receiving environment; or
·
polluters to monitor impacts of their emissions on
the environment (e.g. monitor fish health and populations).
Under
the Public Notification Regulation,
when a person applies for a new or amended permit or approval, they are required
to give public notice of the application.
For significant amendments or new permits, public notice must include a
sign at entrances to the site and notices in local newspapers. This allows local residents an opportunity
to write to the local regional waste manager at the Ministry of Water, Land and
Air Protection, and raise concerns or request special provisions in a permit to
protect the local environment. Once a
person has raised concerns in writing, they will receive notice of the
Ministry’s decision.
Powers
to stop pollution
The Waste Management Act allows
Regional Waste Managers to issue pollution abatement orders where they
have reasonable grounds for believing that a substance is causing
pollution. They can order polluters to
control the pollution and undertake tests to determine the impact of pollution
(substantial alteration or impairment of the usefulness of the environment).
The power to issue pollution abatement orders applies regardless of whether
someone is in compliance with a permit.
Managers can also issue pollution
prevention orders where an activity is likely to release a substance and
cause pollution. If you have reason to
believe that pollution is harming a wetland, you may ask the Ministry of the
Environment to issue a pollution abatement order or a pollution prevention
order.
Even
if a person is not emitting waste into the environment, regional waste managers
can order someone who controls a potentially polluting substance to develop a
contingency plan for preventing spills of polluting substances and construct
works to prevent spills.
Appeals
to the Environmental Appeal Board
Once
Regional Managers or other Ministry staff have issued, renewed or amended a
permit, approval, variance order or an operational certificate, any person
“aggrieved by the decision” can appeal the decision to the Environmental Appeal
Board (EAB). Similarly, approvals of
contaminated sites remediation plans and clean up orders can be appealed to the
EAB. The EAB has interpreted this provision fairly liberally, and generally
individuals or groups with legitimate concerns will be granted standing. Lawyers are not needed to appeal Waste
Management permits, but legal skills often increase the chances of a successful
appeal. Information on how to appeal Waste
Management Act decisions is found at the EAB website. Some cases assistance for appeals may be available from the West
Coast Environmental Law Environmental Dispute Resolution Fund.
The
Waste Management Act and Non Point Source Pollution
The Waste Management Act is
designed to deal with point source pollution, although increasingly non-point
sources of pollution such as farms, septic fields and urban run off pose major
threats to water and air quality. To the extent it deals with non-point source
pollution, the Waste Management Act deals with it through the municipal waste
management planning process and regulations.
Regulations deal with non-point sources of pollution including farms, open
burning and vehicles. See Local Government and the Waste Management Act and
Waste Management Act Regulations.
·
Local Government and the Waste Management Act.
·
Waste Management Act Regulations
·
Waste Management Act -- Contaminated Sites
For more information about the Waste Management Act:
·
An electronic copy of the Waste Management Act.
·
The Environmental Management Branch
page of the Ministry of Water, Land and Air Protection website.
·
The Environmental Appeal Board Website. Of special note are A
Guide to the Effective Presentation of your Case Before the Environmental
Appeal Board and Filing an Appeal under the Waste Management Act.
·
T. 'Buck' Suzuki Environmental Foundation. 1994.
Resource Manual for Salmon Habitat Protection Activities. Vancouver, BC.
