Permit of equivalent level of environmental safety: PELES Permit EC 06-02/8 (Ren 2)

1. Permit Number

EC 06-02/8 (Ren 2)

2. Permit Holder

Name: Tonolli Canada Ltd.

Street Address:
1333 Tonolli Road
Mississauga, Ontario
L4Y 4C2

Telephone: (905) 279-9555

Facsimile: (905) 896-3415

3. Mode of Transport

road or rail

4. Issue date

July 14 ,2012

5. Expiry Date

July 13 , 2017

6. Regulations

Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

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7. Definitions

(1) The definitions in this subsection apply in this Permit.

a. “CEPA, 1999” means the Canadian Environmental Protection Act , 1999;

b. “EIHWHRMR” means Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;

c. “Import Permit” means the import permit referred to in sub-paragraph 185(1)(b)(i) of the CEPA, 1999;

d. “Director” means the

Director,
Waste Reduction and Management Division
Environment Canada
Place Vincent-Massey, 9th Floor
351 St-Joseph Blvd
Gatineau, Quebec
Canada
K1A 0H3
Telephone: (819) 997-3377
Facsimile: (819) 997-3068

e. The “Permit Holder” is the person identified in section 2 of this Permit. The Permit Holder may hold an Import Permit in addition to this Permit.

(2) Sections 2 to 4 of the EIHWHRMR, including its referred Annexes, apply in this Permit.

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8. Application

(1) The Permit of Equivalent Level of Environmental Safety (PELES) EC 06-02/8 (Ren 1) is repealed and replaced with this permit [EC 06-02/8 (Ren2)].

(2) This PELES is hereby issued to the Permit Holder for the purpose of importing, transporting and recycling batteries that meet the definition of hazardous recyclable material of the EIHWHRMR, and are described in section 9 of this PELES.

(3) The Permit Holder and any authorized carrier transporting hazardous recyclable material under this PELES, shall comply with all the requirements of the EIHWHRMR and of the Import Permit issued to the Permit Holder under subparagraph 185(1)(a)(i) of CEPA 1999. However, where requirements other than those of the EIHWHRMR are expressly set out in this PELES (including the conditions), those requirements and conditions apply.

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9. Description of Hazardous Recyclable Material

For the purpose of this PELES, “battery” means, and is strictly limited to, waste batteries, wet, filled with acid, electric storage, described as UN2794 in Schedule 1 of the Transportation of Dangerous Goods Regulations (TDGR), and included in class 8 of the TDGR.

10. Conditions

(1) This PELES authorizes the Permit Holder to import hazardous recyclable materials into Canada, and any authorized carriers listed in its Import Permit to transport the hazardous recyclable material, by the modes of transport referred to in section 3 of this PELES, in a manner that is at variance with subparagraph 16(e)(v), clauses 16(e)(vi)(A) and 16(e)(vi)(B), subparagraph16(k)(i), subsections 18(1) and 18(2), and section 21 of the EIHWHRMR, under the following conditions:

  1. the hazardous recyclable materials are batteries, as described in section 9 of this PELES, to be recycled by the Permit Holder using operation R4 (recovery of metals and metal compounds) described in Schedule 2 of the EIHWHRMR;
  2. the hazardous recyclable material must be shipped from the continental United States of America (U.S.A.), which excludes Hawaii, Alaska and U.S.A. protectorates and possessions, to Canada;
  3. the hazardous recyclable material is transported only by authorized carriers named in the Import Permit and in accordance with the prescribed conditions set out in the Import Permit issued to the Permit Holder;
  4. the hazardous recyclable material is transported from the foreign shipping site indicated in the Import Permit issued to the Permit Holder to the street address of the Permit Holder as indicated in Section 2 of this PELES.

(2) a. In lieu of the requirements set in subparagraphs 16(e)v), 16(e)(vi)(A) and 16(e)(vi)(B) of the EIHWHRMR, in the signed and written contract required under paragraph 16(e) of the EIHWHRMR, the foreign exporter must authorize the Permit Holder to do the following activities on its behalf:

i) to complete and sign part A of the movement document, set out in Schedule 9 of the EIHWHRMR;

ii) A. to provide a copy of the movement document and a copy of the Import Permit to the first authorized carrier prior to the shipment of the hazardous recyclable material described in section 9 of this PELES,

or,

B. if providing a copy of the movement document and a copy of the Import Permit to the first authorized carrier prior to the shipment of the hazardous recyclable material is impracticable, the Permit Holder will provide the copies to the first authorized carrier at another location in the U.S.A. prior to the hazardous recyclable material entering Canada;

iii) to allow the first authorized carrier to provide directly to the Permit Holder the movement document with parts A and B dully filled.

b. The contract required under this PELESmust be submitted to the Minister in accordance with subsection 7(1) and paragraph 8(m) of the EIHWHRMR.

(3) The requirements of sub-paragraph 16(k)(i) of the EIHWHRMR apply in this permit, except during the portion of the shipment described in clause 10(a)(ii)B) of this PELES; for that portion of the shipment, in lieu of the requirements set out in sub-paragraph 16(k)(i) of the EIHWHRMR, a shipping document stating the reference number of the future movement document and the Import Permit number associated with the shipment of the hazardous recyclable material accompanies the hazardous recyclable material.

(4) In lieu of the requirements set in paragraph 18(2)(a) of the EIHWHRMR, and only if the conditions set in subsection 10(2) of this PELES are met, the Permit Holder will complete and sign part A of the movement document on the foreigner exporter’s behalf at the time of the import of the hazardous recyclable material described in section 9 of this PELES.

(5) In lieu of the requirements set in subsection 18(1) and paragraphs 18(2)(b) and 18(2)(c) of the EIHWHRMR, and only if the conditions set in subsection 10(2) of this Permit are met, the Permit Holder will:

a. provide a copy of the movement document and a copy of the Import Permit to the first authorized carrier prior to the shipment of the hazardous recyclable materials described in section 9 of this PELES,

or,

if providing a copy of the movement document and a copy of the Import Permit to the first authorized carrier prior to the shipment of the hazardous recyclable material is impracticable, the Permit Holder will provide the copies to the first authorized carrier at another location in the U.S.A. prior to the hazardous recyclable material entering Canada;

b. ensure that the first authorized carrier complete part B of the movement document and provide a copy of the movement document dully filled back to permit holder within the timeframe set out in subsection 18(3) of the EIHWHRMR.

(6) At least one of the following statements must be written on the movement document, and on the shipping document mentioned in subsection 10(3) of this PELES when applicable, for each shipment made under this PELES:

“Shipped in accordance with the “Permit of Equivalent Level of Environmental Safety EC 06-02/8 (Ren2)”,

or

“Shipped in accordance with the Permit of Equivalent Level of Environmental Safety EC 06-02/8 (Ren2)”.

(7) In addition to the requirements set in section 21 of the EIHWHRMR, the Permit Holder must keep a copy of the shipping document mentioned in subsection 10(3) of this Permit at their principal place of business in Canada, identified in section 2 of this Permit, for a period of three years after the date of import, so that these copies are available for inspection by an enforcement officer or analyst designated under CEPA 1999.

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11. Miscellaneous Matters

(1) The Permit Holder must inform in writing the Director within 30 days of any change to:

a) the Permit Holder’s name, street address, postal code, telephone or facsimile as set out in section 2 of this Permit; or,

b) the name, mailing address, telephone or facsimile of the Contact Person identified in section 13 of this PELES.

(2) The street address in section 2 of this PELES must correspond to a place in Canada.

(3) This Permit is non transferable.

(4) Compliance with the terms and conditions of this PELES does not absolve the permit holder and any authorized carriers transporting hazardous recyclable material under this PELES from the responsibility to comply with the requirements of all applicable federal and provincial legislation and regulations (for example, Ontario’s Regulation 347) or municipal by-laws.

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12. Revocation

The Minister of the Environment may revoke this Permit if one the situations described in subsection 190(3) of the CEPA 1999 applies.

Signed for and on behalf of the Minister of the Environment

Tim Gardiner

Director, Waste Reduction and Management Division

Chemicals Sector Directorate

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