Importation of Waste
Statute Law Amendment Act, 1996
This Bill amends the Environmental Protection Act to set conditions that must be met in order to establish or operate a landfill waste disposal site in a municipality if the purpose of the landfill site is to accept and dispose of waste generated outside the boundaries of the municipality. The landfill site must be established and operated in accordance with the highest standards available in the industry. The establishment of the site must have been the subject of a hearing by the Environmental Assessment Board. Finally, a referendum must have been held among the people residing within 100 kilometres of the site and the results must indicate that the majority of persons who voted are in favour of the establishment or operation of the site.
The Bill also amends the Waste Management Act, 1992 to ensure that the conditions set out in the Environmental Protection Act apply to landfill sites established under the Waste Management Act, 1992.
An Act to amend the Environmental Protection Act and the Waste Management Act, 1992 with respect to the Importation of Waste
from one municipality into another
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
ENVIRONMENTAL PROTECTION ACT AMENDMENTS
1. The Environmental Protection Act is amended by adding the following section:
Site to accept transported waste
29.1 (1) Despite anything in sections 30, 31 and 32, if the Director receives an application for a certificate of approval for the use, operation, establishment, alteration, enlargement or extension of a landfill waste disposal site within the boundaries of a municipality and the purpose of the site is to accept or dispose of waste from a source outside the boundaries of the municipality, the Director shall not issue the certificate unless,
(a) the Director is satisfied that the landfill waste disposal site will be established and operated in accordance with the highest industry standards, as prescribed by regulation;
(b) the Director notifies the Environmental Assessment Board in writing to hold a hearing and the hearing has been held; and
(c) a referendum is held in accordance with the regulations and the results of the referendum indicate that more than 50 per cent of the persons residing within 100 kilometres of the proposed site who voted in the referendum are not opposed to the establishment or operation of the landfill waste disposal site.
(2) If this section conflicts with the provisions of the Waste Management Act, 1992 or of any other Act, this section prevails.
2. Subsection 176 (4) of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 34, is further amended by adding the following clauses:
(a.1) governing standards with respect to landfill waste disposal sites for the purpose of clause 29.1 (1) (a);
(a.2) governing the manner in which a referendum referred to in clause 29.1 (1) (c) will be held and prescribing the procedures and rules that apply to such a referendum.
WASTE MANAGEMENT ACT, 1992 AMENDMENTS
3. Subsection 18 (7) of the Waste Management Act, 1992 is amended by adding "Subject to section 18.1" at the beginning.
4. The Act is amended by adding the following section:
18.1 Despite anything in section 18, a landfill waste disposal site to which section 29.1 of the Environmental Protection Act applies shall not be established or operated unless the requirements of that section are met.
5. Section 19 of the Act is amended by adding the following subsection:
(1.1) This section does not apply with respect to a landfill waste disposal site to which section 29.1 of the Environmental Protection Act applies.
COMMENCEMENT AND SHORT TITLE
6. This Act comes into force on the day it receives Royal Assent.
7. The short title of this Act is the Importation of Waste Statute Law Amendment Act, 1996.