PART V WASTE MANAGEMENT
Approval, waste management system or waste disposal site
27 (1) No person shall use, operate, establish, alter, enlarge or extend a waste management system or a waste disposal site except under and in accordance with an environmental compliance approval.  2010, c. 16, Sched. 7, s. 2 (20). Exception, prescribed activities (1.1) Subsection (1) does not apply to a person who is engaging in an activity at a site if the activity has been prescribed by the regulations for the purposes of subsection 20.21 (1), unless one of the following circumstances applies: 1. An environmental compliance approval in respect of the activity engaged in at the site has been issued before the day when a regulation prescribing the activity for the purposes of subsection 20.21 (1) comes into force, and the approval has not ceased to have effect as determined under section 20.17. 2. Subject to subsection (1.2), the Director has issued an order under section 20.18 in respect of the activity at the site.  2010, c. 16, Sched. 7, s. 2 (20). Same (1.2) If a registration under Part II.2 is in effect in respect of an activity engaged in at a site when the Director issues an order under section 20.18 in respect of the activity, subsection (1) applies only once the Director has removed the registration from the Environmental Activity and Sector Registry established under Part II.2.  2010, c. 16, Sched. 7, s. 2 (20). Exception, routine maintenance (1.3) Subsection (1) does not apply to routine maintenance carried out on any waste management system or waste disposal site.  2010, c. 16, Sched. 7, s. 2 (21). Niagara Escarpment Plan Area (2) Despite subsection (1), no person shall use, operate, establish, alter, enlarge or extend a waste disposal site in the Niagara Escarpment Plan Area as set out in the Niagara Escarpment Plan, unless the Director has issued a certificate of approval or a provisional certificate of approval before this subsection comes into force.  1994, c. 5, s. 1; 2009, c. 12, Sched. L, s. 4. Exceptions (3) Subsection (2) does not apply with respect to, (a) a transfer station or recycling facility, including a composting site, which receives waste only from the local municipality in which it is located; or (b) in the case of a site approved before this subsection comes into force, a proposed use, operation, alteration, enlargement or extension of a waste disposal site which will not result in a greater area at a waste disposal site being covered with waste than permitted under the existing approval.  1994, c. 5, s. 1. Lakes (3.1) Despite subsection (1), no person shall use, operate, establish, alter, enlarge or extend a waste disposal site where waste is deposited in a lake.  2004, c. 6, s. 7 (1). Same (3.2) In subsection (3.1), “lake” includes, (a) a body of surface water that, (i) results from human activities, and (ii) directly influences or is directly influenced by ground water, and (b) an area of land that was covered by a body of water described in clause (a) or a lake on the day this subsection came into force, but does not include, (c) a body of water described in clause (a) or a lake, if the body of water or lake is less than one hectare in area, or (d) an area of land described in clause (b), if the body of water described in clause (a) or lake that covered the area of land on the day this subsection came into force was, in total, less than one hectare in area on that day.  2004, c. 6, s. 7 (1). No proceeding (4) No proceeding directly or indirectly based upon the prohibition in subsection (2) or (3.1) may be brought against the Crown in right of Ontario, the Government of Ontario, any member of the Executive Council or any employee of the Crown or Government.  1994, c. 5, s. 1; 2004, c. 6, s. 7 (2). Section Amendments with date in force (d/m/y) 1994, c. 5, s. 1 - 23/06/1994 2004, c. 6, s. 7 (1, 2)
- 17/06/2004 2009, c. 12, Sched. L, s. 4 - 14/05/2009 2010, c. 16, Sched. 7, s. 2 (20, 21) - 31/10/2011