Appendix A: Proposed Criteria for Environmentally Sound Management of Imported/Exported Haxardous Wastes
The purpose, form and use of core performance criteria have been discussed in the text of the Discussion Paper. Collectively, the core performance criteria would form much of the basis for the Minister's decision under Section 185 (2) of CEPA on whether to approve a given transboundary movement of hazardous wastes or recyclable material.
To add greater clarity and definition, more specific benchmark standards could be developed for each of the performance criteria. The benchmarks could add clarity and consistency to decisions based on the criteria. The benchmarks could also be used to form a "checklist" for Environment Canada or third-party auditors who are conducting facility inspections that are key to the verification process as described in the Discussion Paper. Table A-1 shows some possible benchmarks corresponding to each of the proposed criteria.
| Criteria | Principe / Effect | Criteria for Minister's Decision | Possible Type of Benchmark |
|---|---|---|---|
| 1. Facilities licensed for treatment / disposal... | The facilities involved in the proposed movement are authorized, licensed or subject to regulation by the jurisdiction where they operate. | Are the facilities involved in the proposed movement authorized, licensed or subject to regulation by the jurisdiction where they operate? | The facility/facilities involved in the proposed movement should provide evidence of a valid authorization (permit, license or equivalent) issued by the jurisdiction in which they operate. |
| 2. Technology to be appropriate for the specific waste… | The proposed treatment/disposal technology is appropriate for the waste type being treated or disposed. | Is the proposed treatment/disposal technology environmentally acceptable for the waste type being treated or disposed? | The facility should be up-to-date technology for the treatment/disposal, or one that is recognized as acceptable by internationally accepted standards, guidelines or codes (i.e., the technology, processes and operating equipment are based on relevant scientific knowledge, whose functional value has been successfully tested in operative comparable plants). |
| 3. Specific wastes to be managed according to existing technical standards… | Management of specific waste streams complies with relevant standards, guidelines, codes. | Will the facility manage specific hazardous waste streams in accordance with relevant internationally recognized standards, guidelines, codes, etc., where they exist? | The facility should comply with any Canadian or international standards, guidelines or codes of practice that are relevant to the proposed Notification. |
| 4. Emissions to be controlled… | Emissions from the facility are within the regulatory limits of the jurisdiction in which they operate. | Will the emissions resulting from the proposed treatment/disposal process be within the limits of the jurisdiction in which they operate? | The facility should use the necessary equipment to ensure compliance with the standards of its jurisdiction for emissions/effluents to air, water and soil, when dealing with the proposed material. |
| 5. Process to be monitored… | The receiving facility monitors its emissions and keeps appropriate records. | Do the operators of the facility have an acceptable system for monitoring the emissions/effects of the proposed treatment/disposal process, and keeping relevant records, suitable for the type of operation and consistent with their provincial certificate of approval? | The facility should have in place a program to monitor incoming and outgoing wastes and materials, as well as stored stocks and residues. An effective screening system should be in place to avoid introduction of unauthorized materials, mixing or non-compatible materials, and generally to verify conformity with notification documents. |
| 6. Corrective action to be taken when necessary… | Appropriate corrective action is taken where warranted. | Is appropriate corrective action taken where monitoring indicates that the activities have resulted in unacceptable emissions or effects? | The facility should have a contingency plan for unintentional releases (e.g., spills, major leaks, fires, explosions, abnormal operating conditions and weather events) including procedures for initial response and containment, reporting, clean-up and remediation, and designated personnel. |
| 7. Personnel to be trained for what they are doing… | Persons involved in the management of hazardous wastes are adequately trained in this capacity. | Are personnel involved in the management of hazardous wastes adequately trained in their capacity? | The facility should have standard operating procedures (SOP's) including environmental protection, which are regularly updated to allow for different processes and materials being handled. |
| 8. Decommissioning plan and financial guarantee to be in place… | Recycling/recovery intended as chief purpose of the process, which does not ultimately lead to more environmental problems from resulting hazardous products or residues. | For recyclable materials, are (1) the proportion of hazardous residue relative to material entering the recycling process, (2) the nature of the residues, and (3) the proposed method of handling residues, consistent with applicable Canadian and international guidelines | At least one of the products of the process is/are returned to the economic mainstream, and the proportion of hazardous residue resulting from the process is an acceptable proportion of the volume entering the process, based on applicable guidelines. |
| 9. Recycling is for express purpose of recycling… | The facility has an appropriate decommissioning plan and financial guarantee for environmental damage. | Does the receiving facility have an appropriate decommissioning plan, and adequate financial guarantee for emergency situations and closure, consistent with applicable federal and provincial requirements? | The facility must have plan for decommissioning and reclamation (e.g., soil integrity, revegetation, decontamination, leachate detection, drainage control, ground water monitoring) and adequate financial security (e.g., comprehensive general liability insurance, environmental impairment liability insurance coverage, environmental contingency fund, earmarked fees) adequate for the costs of cleanup, remediation, damage to persons or property, and related matters in the event of an accidental release, and/or closure of the facility. |
| 10. Transportation to be according to the rules… | The proposed method of transportation is adequate to protect environment and human safety. | Is the proposed method of transportation to/from the waste management facility authorized by the jurisdiction of transit, and is it adequate to protect the environment and human safety? | The transport of the hazardous waste is in full compliance with the relevant legislation of the jurisdiction(s) of transit and treatment/disposal. If in Canada, to comply with TDGA and its regulations and any additional provincial/territorial acts and regulations. |
| 11. Commitment to continuous improvement… | An environmental management system is in place. | Does the receiving facility/facilities have a functional environmental management system, which is aimed at continuous improvements in the environmental performance of activities? | The management system should emphasize "good housekeeping", as implemented via its training, monitoring, record-keeping, inspection and other efforts. |
| 12. Waste movement to be minimized… | Transboundary shipments and transport of hazardous wastes are minimized, taking into account need for specific wastes requiring specialized treatment/disposal facilities, taking into account the proximity principle as well as the need for raw materials. | Does the decision on where the shipment will be treated take into account the proximity and the least transboundary movements principles? | Waste is disposed of as close as possible to the place where it is produced to limit transportation, including cross-border transportation. However, the rational ecological and economic management of certain types of waste requires disposal at certain distant specialized facilities, or facilities on the other side of the border. |
| 13. Waste generation to be minimized… | The volumes of hazardous wastes requiring treatment and/or disposal is minimized through source reduction or other means. | Do exporters (or generators) have an effective program for minimizing the generation/export of wastes destined for disposal? | Exporters (and generators) where applicable should show evidence of having an effective ongoing program for minimizing the generation/export of wastes destined for disposal and/or the toxicity thereof. |
| 14. Enforcement and Compliance… | The overall management standard is not diminished as a result of the export/import, i.e., the relevant regulations or standards in the receiving jurisdiction are equivalent to those international recognized standards. | Is there a regulatory/enforcement structure in the jurisdiction of treatment/disposal which ensures compliance with relevant regulations? | The country/jurisdiction of final destination, and those of transit, should have effective legislation to limit emissions (gaseous, liquid, solid) to acceptable levels, which applies to the proposed facility/facilities. |