Subject waste fees, exemption from tonnage portion
  2. (1) For the purposes of this section, “Director” means the Director appointed under section 5 of the Environmental Protection Act
in respect of section 75 of Regulation 347; (“directeur”) “tonnage fees” means subject waste fees that are calculated based on the weight, mass, volume or other quantity-based measure of a particular quantity of subject waste. (“droits de tonnage”) (2) Subject to subsection (3), the Authority shall not collect any tonnage fees in respect of a particular quantity of subject waste from any person other than the generator of the subject waste. (3) The Authority shall not collect any tonnage fees in respect of a particular quantity of subject waste from the generator of the subject waste in any of the following circumstances: 1.  The subject waste is not hazardous waste. 2.  The subject waste is hazardous waste that, i.  is transferred by the generator to a waste transportation system for direct transport to a facility listed on the Tonnage Fee Exempt Recycling Facilities Directory, ii.  is accepted at the facility, and iii.  meets any applicable waste stream restrictions with respect to the facility, as specified in the Tonnage Fee Exempt Recycling Facilities Directory. 3.  The subject waste is hazardous waste and a generator has already paid, or is exempt from paying, tonnage fees with respect to that hazardous waste or with respect to the hazardous waste from which that hazardous waste was derived. (4) The Tonnage Fee Exempt Recycling Facilities Directory, available on the Registry, shall be maintained by the Registrar and shall contain the following information, subject to subsection (8): 1.  The facilities listed on the “Tonnage Fee Exempt Recycling Facilities” list on the day before the day this Regulation comes into force and any applicable waste stream restrictions in respect of those facilities as set out in that list on that day. 2.  Any facilities that the Director has approved pursuant to subsection (6) of this section and any applicable waste stream restrictions in respect of those facilities that the Director has approved. (5) The Registrar shall ensure that an up-to-date version of the Tonnage Fee Exempt Recycling Facilities Directory is available on the Registry. (6) A person who operates a facility that receives and processes hazardous waste may submit, in accordance with subsection (7), a written request to the Director for the facility to be added to the Tonnage Fee Exempt Recycling Facilities Directory and the Director may approve the addition of the facility if the Director is satisfied of the following: 1.  That the following criteria will be met regarding the facility and the particular hazardous waste in respect of which the request is made: i.  The hazardous waste will be transferred by a generator for direct transport to the facility. ii.  The hazardous waste will be accepted at the facility for the primary purpose of reusing, recycling or reclaiming the waste through a manufacturing process or operation. iii.  The hazardous waste will be used as feedstock in the manufacturing process or operation. iv.  The manufacturing process or operation will not involve, A.  combustion or land application of the hazardous waste, or B.  use of the hazardous waste as fuel or fuel supplement. 2.  That the following criteria has been met regarding the product created at the facility through the manufacturing process or operation that uses the particular hazardous waste in respect of which the request is made: i.  There is a demonstrated market demand for the product to be created by the manufacturing process or operation. ii.  The product to be created by the manufacturing process or operation does not pose a substantial hazard to human health or the environment when used as intended. (7) The written request referred to in subsection (6) shall set out the following information in accordance with any instructions set out in the Manual: 1.  Information respecting the operations of the facility. 2.  Information respecting the hazardous waste in respect of which the request is made. 3.  Information respecting any other waste received at the facility. 4.  A copy of all environmental compliance approvals in respect of the facility, or, in the case of a facility outside of Ontario, all similar instruments from the applicable jurisdiction. 5.  Information describing the manufacturing process or operation in which the hazardous waste will be used, including the quantities of product described in paragraph 2 of subsection (6) that will be created. 6.  Any other information required by the Director or the Manual. (8) The Registrar shall remove a facility from the Tonnage Fee Exempt Recycling Facilities Directory if the Director is of the opinion that the facility no longer satisfies the criteria mentioned in subsection (6) or the facility ceases operations.