Permit of equivalent level of environmental safety: PELES Permit EC 12-10/4 (Ren1)

  1. Permit No.: EC 12-10/4 (Ren1)

  2. Permit Holder:
    1. Name: Daniels Sharpsmart Canada Ltd.
    2. Street Address: 52 Bramsteele Road, unit 8
                                 Brampton, ON
                                 L6W 3M5
                                 Canada
    3. Telephone: (416) 793-2966
    4. Facsimile: (905) 793-2956

  3. Mode of Transport: road

  4. Issue Date: June 2nd, 2015

  5. Expiry Date: June 1st, 2018

  6. Regulations: Interprovincial Movement of Hazardous Waste Regulations (IMHWR)

  7. Definitions
    1. (1) The definitions in this subsection apply in this PELES.

      1. a) “IMHWR” means the Interprovincial Movement of Hazardous Waste Regulations;

      2. b) The definitions in section 1 of the IMHWR apply to  this PELES;

      3. c) The “authorized carriers”, as defined in section 1 of the IMHWR, are limited to:
        1. i) Purolator Inc.
          5995 Avebury Road
          Mississauga, Ontario
          L5R 3T8
        2. ii) Daniels Sharpsmart Canada Ltd
          52 Bramsteele Road, unit 8
          Brampton, Ontario
          L6W 3M5

      4. d) The “consignor”, as defined in section 1 of the IMHWR, must

        1. i) be a client of the “Daniels Ecoship Service” provided by the Permit Holder,

        2. ii) be a collection site for biomedical wastes, as described in section 9 of this PELES, and,

        3. iii) have entered into a written service request with the Permit Holder with regard to the transportation of its biomedical wastes to an authorized disposal facility in Canada;

      5. e) The “consignee”, as defined in section 1 of the IMHWR, is the Permit Holder; specifically, it is the following authorized biomedical waste disposal facility:

        1. i) Daniels Sharpsmart Canada Ltd
          106 Rideout Street
          Moncton, New Brunswick
          E1E 1E2

        2. ii) Daniels Sharpsmart Canada Ltd
          52 Bramsteele Road, unit 8
          Brampton, Ontario
          L6W 3M5;

      6. f) “Receiving site” means the site of the authorized biomedical waste disposal facilities identified in sub-paragraph 7(1)(e) of this PELES to which the biomedical wastes are transported;

      7. g) “Shipping site” means a collection site for biomedical wastes administered by a consignor, as defined in paragraph 7(1)(d) of this PELES from which the biomedical wastes are transported;

      8. h) “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) 938-4506
        Facsimile: (819) 938-4553;

      9. i) “TDGR” means Transportation of Dangerous Goods Regulations.

  8. Application
    1. (1) This PELES is hereby granted to the Permit Holder for the purpose of transporting, within Canada, with the exception of transporting within of the jurisdiction of Nunavut, biomedical wastes that meet the definition of hazardous wastes of the IMHWR and that are described in section 9 of this PELES.

    2. (2) The Permit Holder, the consignors, the consignees and any authorized carrier transporting hazardous waste under this Permit, shall comply with all of the requirements of the IMHWR, except where requirements other than those of the IMHWR are expressly set out in this PELES including the conditions and any Schedules.

  9. Description of Hazardous Wastes
    1. (1) For the purpose of this PELES, “biomedical waste” means, and is strictly limited to, non-anatomical waste or pharmaceuticals that are included in classes 6.2 (UN3291) or 6.1 (UN3249) of TDGR, respectively, as set out in the definition of “hazardous waste” in section 1 of the IMHWR.

  10. Conditions
    1. (1) This PELES authorizes the Permit Holder, the consignor and any authorized carrier transporting the hazardous wastes under this PELES to transport the hazardous wastes within Canada, in a manner that is at variance with sections 3 and 4 of the IMHWR, according to the requirements set in subsections 10(2) to 10(5) of this PELES and the following conditions:

      1. a) the hazardous wastes are biomedical wastes, as described in section 9 of this PELES, that are destined for disposal;

      2. b) the hazardous wastes are collected from the consignors at a shipping site and transported within Canada to a receiving site, as defined in paragraphs 7(1)(g) and 7(1)(f) of this PELES;

      3. c) the hazardous wastes are transported by an authorized carrier identified in paragraph 7(1)(c) of this PELES;
      4. d) the hazardous wastes are transported by the mode of transport identified in section 3 of this PELES;

      5. e) the Permit Holder must inform the consignor and any authorized carrier transporting the hazardous waste under this PELES of their responsibilities under this PELES, and they must have agreed to those responsibilities, prior to any transportation of the hazardous wastes within Canada.

    2. (2) In lieu of a manifest required under subsection 3(1) of the IMHWR and of the requirements set out in subsection 3(2), each container in which the hazardous wastes are packaged shall be accompanied by a shipping document, such as a shipping label or a bill of lading, that includes the following information:

      1. a) a unique shipping number for each shipment

      2. b) the name of the consignor;

      3. c) the shipping site address;

      4. d) the name of the consignee;

      5. e) the receiving site address;

      6. f) the shipping date;

      7. g) the scheduled arrival date;

      8. h) the shipping name, the UN number, the classification and the packaging group set out in the TDGR for the hazardous wastes;

      9. i) the quantity of the hazardous waste shipped in kg or L;

      10. j) the following statement:

        “Shipped in accordance with the Permit of Equivalent Level of Environmental Safety EC 12-10/4”

        or

        “Expédié conformément au Permis de sécurité environnementale équivalente EC 12-10/4”.

    3. (3) In lieu of the requirements set out in subsections 4(1) and 4(2) of the IMHWR, the Permit Holder and the consignor shall ensure that the shipping document, as described in subsection 10(2) of this PELES, is completed prior to the transportation of the hazardous wastes.

    4. (4) In lieu of the requirements set out in subsections 4(3) and 4(4) of the IMHWR, every authorized carrier transporting the hazardous wastes under this PELES shall ensure that the shipping document referred to in subsection 10(2) of this PELES accompanies the hazardous wastes during transportation.

    5. (5) In lieu of the requirements set out in subsection 4(5) and 4(6) of the IMHWR, the Permit Holder must:

      1. a) record the information listed in paragraphs 10(2)(a) to 10(2)(j) of this PELES, in addition to the date on which the hazardous wastes was received at an authorized disposal facility referred to in paragraph 7(1)(e), within three days of the hazardous waste being received by the consignee; and,

      2. b) provide a report that includes the information recorded in conformity with paragraph 10(5)(a) of this PELES to the competent authorities of the province where the hazardous wastes originated and of the province of destination, on a quarterly basis if not otherwise specified by the authorities of the provinces, if they require it.

    6. (6) In lieu of the requirements set out in subsection 4(7) of the IMHWR, the Permit Holder shall keep the shipping document referred to in sub-section 10(2) of this PELES, and the records and reports referred to in paragraphs 10(5)(a) and 10(5)(b) of this PELES for two years after the hazardous wastes are received by the consignee, at its street address of the authorized facility identified in paragraph 7(1)(e) of this PELES, so that the records and reports are available for inspection by an enforcement officer or an analyst designated under section 217 of the Canadian Environmental Protection Act, 1999.

  11. Miscellaneous Matters
    1. (1) The Permit Holder must inform the Director, in writing and within 30 days, of any change to:

      1. a) the Permit Holder’s name, street address, telephone or facsimile, as set out in section 2 of this PELES, or of the authorized facility identified in paragraph 7(1)(e) of this PELES;

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

    2. (2) This PELES is non transferable.

    3. (3) Compliance with the terms and conditions of this PELES does not absolve the Permit Holder, the consignor and any authorized carrier transporting the hazardous waste under this PELES from their responsibility to comply with the requirements of all applicable federal and provincial legislation or municipal by-laws.

  12. Revocation
    The Minister of the Environment may revoke this permit if one of the situations described in subsection 190(3) of the Canadian Environmental Protection Act 1999 applies.

  13. Contact Person Who is Authorized to Act on Behalf of the Permit Holder

  14. Contact Person: David Prince, Director of Operations
  15. Street Address: 52 Bramsteele Road, unit 8
                               Brampton, Ontario
                               L6W 3M5
                               Canada
  16. Telephone: (905) 793-2966
  17. Facsimile: (905) 793-2956
  18. E-mail: DPrince@danielsinternational.com

 

Signed for and on behalf of the Minister of the Environment

Gwen Goodier
Director

Waste Reduction and Management Division
Industrial Sectors, Chemicals and Waste
Environment Canada

 

Schedule 1

Table 1:  Applicability and Conditions from the Provincial and Territorial Authorities
# Provincial/Territorial Authority Conditions
1 Yukon No condition specified.
2 Northwest Territories No condition specified.
3 Nunavut PELES is not applicable.
4 British Columbia

Based on the information provided and subject to the conditions stated in this paragraph, the B.C. Ministry of Environment (MOE) has no objection to the proposed PELES application (No. EC 12-10/4-Ren 1) and to the variances to the federal IMHWR; however, the provincial requirements under the Environmental Management Act and its regulations (such as Hazardous Waste Regulation, Spill Reporting Regulation, etc.) still prevail. Some of the requirements to be met include, but are not limited to, authorization of storage facilities or transfer stations, the use of transporters of hazardous waste holding a valid licence to transport (LT) issued by the BC MOE, and the use and distribution of manifests and supplement forms.

BC MOE wishes to receive a copy of the reports that are to be submitted under this PELES. However, the receipt of these reports would not exempt the applicant and the other parties involved in the transactions (such as consignors, carriers, storage facilities/transfer stations, consignees) from having to submit the applicable copies of the manifest to the BC MOE.

5 Alberta No condition specified.
6 Saskatchewan No condition specified.
7 Manitoba

The “authorized carriers” defined and listed in sub-paragraphs 7 (1)(c) of the proposed PELES have to have a Registered ID/ Hazardous Waste Carrier Licence issued by the Province of Manitoba for the transportation of hazardous waste from Manitoba in order for this PELES to be applicable in Manitoba.

  • Purolator Inc. is a registered hazardous waste carrier in Manitoba but not authorized to transport Biomedical waste in Manitoba. An update to the Carrier Licence by Purolator Inc. is required before transporting any biomedical waste in Manitoba.

As per paragraph 10(5)b) of this PELES, the “report” shall be provided to the: Hazardous Waste Program, Environmental Approvals, Manitoba Conservation & Water Stewardship on a quarterly basis.

8 Ontario

In Ontario, the applicability of the exclusions listed in Daniels Sharpsmart Canada Ltd’s PELES is limited to sharps and pharmaceuticals and only from those generators whose waste is excluded from the subject waste definition in paragraph 6 of subsection 1(3) of Regulation 347 of the Revised Regulations of Ontario.

The province has confirmed their interest in being provided a quarterly report with information on the movement of biomedical wastes as required in paragraph 10(5) of the PELES. The report must be provided to the Central Region, Program Support Section of the Ontario Ministry of the Environment and Climate Change.

9 Quebec No condition specified.
10 New-Brunswick

Daniels Sharpsmart Canada Ltd. has an Approval to Operate a Biomedical Waste Management Facility, which includes approval to transport, receive, and autoclave (yellow bag waste) biomedical waste in NB. They are approved to import waste from Quebec, Nova Scotia, Newfoundland and Prince Edward Island by written request and export waste to the States for disposal of red bag waste. The Approval requires reporting with similar requirements to the PELES.  NB does not utilize manifests.

As long as Daniels Sharpsmart continues to abide by their Approval to Operate requirements there is no concern over this PELES.

11 Nova Scotia Nova Scotia does utilize manifests. Nova Scotia Environment does not require the report specified in section 10(5)(b) to be submitted.
12 Prince Edward Island No condition specified.
13 Newfoundland and Labrador On a semi-annual basis a report with information on the movement of biomedical wastes as required in paragraph 10(5) of the PELES shall be provided to the Pollution Prevention Division, Waste Management Section of the Department of Environment and Conservation. Copies of the report can be emailed to : joanhann@gov.nl.ca.
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