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1. (1) In this Regulation, “base side slope” means any portion of the base of the waste fill zone extending from ground surface downward at an angle steeper than one unit vertical to four units horizontal; “buffer area” means that part of a landfilling site that is not waste fill area; “contaminant attenuation zone” means a three-dimensional zone that, (a) is located on land adjacent to a landfilling site, (b) is in the subsurface or extends into the subsurface, and (c) is used or is intended to be used for the attenuation of contaminants from the landfilling site to levels that will not have an unacceptable impact beyond the boundary of the zone; “contaminating life span” means, (a) in respect of a landfilling site, the period of time during which the site will produce contaminants at concentrations that could have an unacceptable impact if they were to be discharged from the site, and (b) in respect of a landfilling site and a contaminant or group of contaminants, the period of time during which the site will produce the contaminant or a contaminant in the group at concentrations that could have an unacceptable impact if they were to be discharged from the site; “maximum waste loading” means, for a landfilling site, the total waste disposal volume divided by the area of the waste fill area; “primary leachate collection system” means the uppermost leachate collection system below the waste fill zone; “primary liner” means the uppermost liner below the waste fill zone; “secondary leachate collection system” means a leachate collection system located below the primary leachate collection system; “secondary liner” means a liner located below the primary liner; “service life” means the period of time during which a properly maintained engineered facility will function in accordance with the performance specifications for its design; “unacceptable impact” means interference with existing or potential reasonable uses of, (a) land, (b) ground water in or under land, or (c) surface water on land; “waste fill area” means the area on the surface of a landfilling site beneath which or above which waste is disposed of by landfilling.  O. Reg. 232/98, s. 1 (1); O. Reg. 216/08, s. 1 (1). (2) The words and expressions defined in section 1 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act, except for the definition of “Director”, have the same meanings in this Regulation.  O. Reg. 216/08, s. 1 (2). (3) Revoked: O. Reg. 216/08, s. 1 (3). Application

2. (1) This Regulation applies to the following landfilling sites: 1. Every landfilling site that comes into existence on or after August 1, 1998 and that is intended at the time it comes into existence to have a total waste disposal volume of more than 40,000 cubic metres and to accept only municipal waste for disposal. 2. Every landfilling site for which an alteration, enlargement or extension is proposed on or after August 1, 1998 that involves an increase in the site’s total waste disposal volume, if the site is intended after the alteration, enlargement or extension to have a total waste disposal volume of more than 40,000 cubic metres and to accept only municipal waste for disposal.  O. Reg. 232/98, s. 2 (1). (2) Subsection (1) does not apply with respect to a landfilling site in respect of which an application for a certificate of approval has been received by the Director under Part V of the Act before August 1, 1998, unless the operator or owner of the landfilling site gives written notice to the Director that the operator or owner wants this Regulation to apply.  O. Reg. 232/98, s. 2 (2). (3) The notice under subsection (2) must be given before the earlier of the following dates: 1. The date the certificate of approval or provisional certificate of approval is issued. 2. January 1, 1999.  O. Reg. 232/98, s. 2 (3). (4) The standards, procedures and requirements set out in this Regulation do not apply to the extent that terms and conditions set out in an environmental compliance approval impose different standards, procedures or requirements.  O. Reg. 232/98, s. 2 (4); O. Reg. 268/11, s. 1. PART II   OWNERSHIP Landfilling Site

3. The holder of an environmental compliance approval to which a landfilling site is subject must own the entire site in fee simple, unless the site is on Crown land.  O. Reg. 232/98, s. 3; O. Reg. 268/11, s. 2. Contaminant Attenuation Zone

4. (1) If a contaminant attenuation zone is necessary for proper operation of a landfilling site, the holder of an environmental compliance approval to which the landfilling site is subject must own property rights respecting the contaminant attenuation zone, unless, (a) the contaminant attenuation zone is on Crown land and the Crown has agreed in writing to the use of the land for that purpose; or (b) the contaminant attenuation zone is on a public road and the road authority has agreed in writing to the use of the land for that purpose.  O. Reg. 232/98, s. 4 (1); O. Reg. 268/11, s. 3 (1). (2) The holder of the environmental compliance approval must continue to own the property rights for all of the contaminating life span of the site.  O. Reg. 232/98, s. 4 (2); O. Reg. 268/11, s. 3 (2). (3) The ownership of the property rights must include the right to, (a) discharge contaminants from the landfilling site into the contaminant attenuation zone; (b) enter into the contaminant attenuation zone and onto the surface above the contaminant attenuation zone for purposes of testing, monitoring, intercepting contaminants and carrying out remedial work; (c) install, operate and maintain works, for the purposes mentioned in clause (b), in or above the contaminant attenuation zone, including on the surface above the contaminant attenuation zone; and (d) prevent the owner of the land in which the contaminant attenuation zone is located from paving, erecting a structure or making any use of land above or in the vicinity of the contaminant attenuation zone that would interfere with the functioning of the contaminant attenuation zone or with the exercise of any of the rights mentioned in this subsection.  O. Reg. 232/98, s. 4 (3). Changes

5. The holder of an environmental compliance approval or the applicant for an environmental compliance approval to which a landfilling site is or will be subject shall notify the Director in writing within 30 days after any change in his, her or its identity or status or any change in ownership of the site or ownership of property rights in the contaminant attenuation zone.  O. Reg. 232/98, s. 5; O. Reg. 268/11, s. 4. PART III   DESIGN Design Specifications