1. (1) In this Regulation, “access road” means a road that leads from a public road to a waste disposal site; “acute hazardous waste chemical” means, (a)  a commercial waste chemical listed as an acute hazardous waste chemical in Part A of Schedule 2, other than a waste described in Schedule 2.1, (b)  a mixture of a waste referred to in clause (a) and any other waste or material, or (c)  a waste derived from a waste referred to in clause (a), unless, (i)  the waste that is derived from the waste referred to in clause (a) is listed in Schedule 2.1, or (ii)  the waste that is derived from the waste referred to in clause (a) is produced in accordance with an environmental compliance approval that states that, in the opinion of the Director, the waste that is produced in accordance with the approval does not have characteristics similar to the characteristics of the acute hazardous waste chemical from which it was derived; “agricultural waste” means waste generated by a farm operation activity, but does not include, (a)  domestic waste that is human body waste, toilet or other bathroom waste, waste from other showers or tubs, liquid or water borne culinary waste, (b)  waste from a sewage works within the meaning of the Ontario Water Resources Act, if one of the criteria set out in subsection (1.0.1) is met; (c)  a dead farm animal within the meaning of Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made
under the Nutrient Management Act, 2002 or a regulated dead animal within the meaning of Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001, (d)  inedible material within the meaning of Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act, 2001, or (e)  any material that is condemned or derived from a carcass at a registered establishment within the meaning of the Meat Inspection Act (Canada); “anaerobic digestion” means the decomposition of organic matter by bacteria in an oxygen-limiting environment; “anaerobic digestion materials” means materials that are intended for treatment in a mixed anaerobic digestion facility, whether the materials are generated at the agricultural operation or received at the agricultural operation from an outside source; “anaerobic digestion output” means any solid or liquid material that results from the treatment of anaerobic digestion materials in a mixed anaerobic digestion facility; “aqueous waste” means waste that is aqueous and contains less than 1 per cent total organic carbon by weight and less than 1 per cent total suspended solids by weight; “asbestos waste” means the following solid or liquid waste that contains asbestos in more than a trivial amount: 1.  Waste that results from the removal of asbestos-containing construction or insulation materials. 2.  Waste that results from the manufacture of asbestos-containing products. 3.  Waste that results from the removal of asbestos-containing components from a motor vehicle. 4.  Waste that results from the removal or handling of waste or materials described in paragraphs 1, 2 and 3, including personal protective equipment, tools that cannot be decontaminated and cleaning materials; “biodiesel” means a fuel or fuel component that is comprised of mono-alkyl esters of long-chain fatty acids that are derived from plant oils or animal fats, if the fuel or fuel component, (a)  conforms to the detailed requirements shown in Table 1 of ASTM International Standard D6751, entitled “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”, as amended from time to time, when tested by the test methods indicated in that Standard, or (b)  is in accordance with the limits specified in Table 1 of European Standard EN 14214, entitled “Automotive Fuels – Fatty acid methyl esters (FAME) for diesel engines – Requirements and test methods”, as amended from time to time, when tested by the test methods indicated in that Standard; “carrier” means the operator of a waste transportation system; “cell”, in respect of a landfilling site, means a deposit of waste that has been sealed by cover material so that no waste deposited in the cell is exposed to the atmosphere; “characteristic waste” means hazardous waste that is, (a)  corrosive waste, (b)  ignitable waste, (c)  leachate toxic waste, or (d)  reactive waste; “commercial waste” includes asbestos waste; “commercial waste chemical” means a waste that is or contains a commercial chemical product or manufacturing chemical intermediate of a specified generic name and includes, (a)  an off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the specified generic name, (b)  residues or contaminated material from the clean-up of a spill of a commercial chemical product or manufacturing chemical intermediate of the specified generic name or of an off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the specified generic name, or (c)  an empty container or the liner from an empty container that contained a commercial chemical product or manufacturing chemical intermediate of the specified generic name, or an off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the specified generic name, or residues or contaminated materials from the clean-up of a spill of any of them, unless the empty container or the liner from the empty container has been triple rinsed, but, except as specified in clause (a), (b) or (c), does not include a waste stream or waste material contaminated with material of the specified generic name; “common mercury waste” means, (a)  electrical switches, thermostats or fluorescent lamps that contain mercury and that are damaged, worn out or discarded, (b)  thermometers, barometers or other measuring devices that contain mercury and that are damaged, worn out or discarded, (c)  discarded material that contains mercury from dental procedures carried out by a member of the Royal College of Dental Surgeons of Ontario; “common mercury waste recovery facility” means a site at which common mercury waste is received for recovery of mercury and at which no disposal of common mercury waste or of mercury takes place; “composting” means the treatment of waste by aerobic decomposition of organic matter by bacterial action for the production of stabilized humus; “composting facility” means a facility, (a)  where composting is carried out, and (b)  in respect of which an environmental compliance approval has been issued under Part II.1 of the Act; “composting material” has the same meaning as in Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001; “corrosive waste” means, (a)  a waste that is aqueous and has a pH less than or equal to two or greater than or equal to 12.5 as determined by a pH meter, (b)  a waste that is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 millimetres per year at a test temperature of 55° Celsius using test NACE TM-01-69 or an equivalent test approved by the Director, or (c)  a waste that is a solid and, when prepared in a mixture or solution with distilled water that is 50 per cent waste by weight, has a pH less than or equal to two or greater than or equal to 12.5 as determined by a pH meter, other than, (i)  solid incinerator ash or fly-ash from a woodwaste combustor site, or (ii)  solid wastes generated by a manufacturer of pulp, paper, recycled paper, corrugated cardboard or other paper products; “cover material” means soil or other material approved for use in sealing cells in landfilling; “cured compost” has the same meaning as in Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001; “disposal facility” has the same meaning as in Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001; “domestic waste” includes asbestos waste; “dump” means a waste disposal site where waste is deposited without cover material being applied at regular intervals; “dust suppressant” means a waste used for dust suppression in accordance with an environmental compliance approval in respect of a dust suppression waste management system; “dust suppression site” means a waste disposal site where dust suppressant is deposited; “electroplating” includes common and precious metal electroplating, anodizing, chemical etching and milling, and includes cleaning and stripping associated with common and precious metal electroplating, anodizing, chemical etching and milling, but does not include chromating, phosphating, immersion plating, colouring or other chemical conversion coating, electroless plating or printed circuit board manufacturing; “empty container” means a container from which all wastes and other materials have been removed using the removal practices such as pumping or pouring commonly used for the specific materials and that contains less than 2.5 centimetres of material on the bottom of the container; “end-of-life vehicle” has the same meaning as in Ontario Regulation 85/16 (Registrations under Part II.2 of the Act - End-of-life Vehicles) made under the Act; “end-of-life vehicle waste disposal site” has the same meaning as in Ontario Regulation 85/16; “engineered facility” means, in respect of a landfilling site, anything affixed to or made part of land that is intended to be a functional element or feature of the landfilling site for more than five years and that is created or put in place by human activity; “excess soil” has the same meaning as in Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Act; “existing hospital incinerator” means an incinerator put into operation before the 31st day of December, 1985 owned by a hospital within the meaning of the Public Hospitals Act
at which pathological waste but no hauled liquid industrial waste or other hazardous waste is incinerated; “farm operation” means an agricultural, aquacultural or horticultural operation, other than a race track or a zoo, that is engaged in any or all of the following: 1.  Growing, producing or raising farm animals. 2.  The production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass. 3.  The processing, by the operator of the farm operation, of anything mentioned in paragraphs 1 and 2, where the processing is primarily in relation to products produced from the agricultural, aquacultural or horticultural operation. 4.  The use of transport vehicles by the operator of the farm operation, to transport anything mentioned in paragraphs 1 and 2, where the use of transport vehicles is primarily in relation to products produced from the agricultural, aquacultural or horticultural operation; “farm operation activity” means an activity mentioned in paragraphs 1 to 4 of the definition of “farm operation”; “field operations” means operations that, (a)  take place at a location that is not, (i)  the primary place of business of the person who undertakes the operations, (ii)  a warehouse, factory or production plant of the person who undertakes the operations, or (iii)  a local waste transfer facility, (b)  involve mobile health care, take place at a location that is owned or controlled by the person who undertakes the operations or take place in accordance with the written agreement of the person who owns or controls the location where the operations take place, (c)  are not primarily waste management operations, and (d)  primarily involve, (i)  construction, demolition or renovation, (ii)  mining, (iii)  servicing, maintaining or monitoring, (iv)  the operation of a utility, including communication networks, electric power lines or pipelines, (v)  the operation of highways, including a facility dedicated to the maintenance and upkeep of a section of highway, (vi)  environmental, geophysical or agricultural field testing, (vii)  mobile health care, (viii)  the supply of medical equipment or medication directly to the home of a human being to whom mobile health care is provided, (ix)  the operation of a specimen collection centre, (x)  the transportation in a vehicle of specimens and waste generated by the collection of specimens from a specimen collection centre, if, (A)  the specimens and waste result from the operation of the specimen collection centre, (B)  the sole purpose for which the vehicle is being operated is to transport the specimens and waste, and (C)  the specimens and waste are transported to a laboratory associated with the operation of the specimen collection centre, (xi)  spill clean-up or emergency response activities, if the person engaging in those activities is, (A)  the owner of the spilled material, (B)  a person who had control of the spilled material, (C)  a municipality, (D)  a person or member of a class of persons designated for the purposes of clause 100 (1) (c) of the Act, (E)  a person who has jurisdiction and control over a highway, (F)  a person who holds an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Act authorizing spill clean-up or emergency response activities, (G)  the Ministry, (H)  a police force, or (I)  a fire department, (xii)  housekeeping, maintenance and collection and removal of litter, rubbish, abandoned or discarded material and debris on or near a highway by a person who has jurisdiction and control over the highway, (xiii)  housekeeping, maintenance and collection and removal of littered, abandoned or discarded needles and syringes on or near parks, beaches or other public property by a person responsible for the maintenance of the property, or (xiv)  activities associated with operating trade shows, exhibitions or other temporary events; “fly-ash” means particulate matter removed from combustion flue gases; “food processing and preparation operations” include food packing, food preserving, wine making, cheese making and restaurants; “generator” means the operator of a waste generation facility; “generator registration document” has the same meaning as set out in Ontario Regulation 323/22 (Subject Waste Program) made under the Resource Recovery and Circular Economy Act, 2016; “Generator Registration Report” means the report required under section 18; “GNF” means GNF within the meaning of Ontario Regulation 300/14 made under the Nutrient Management Act, 2002 that is generated at a greenhouse operation that is registered under that regulation; “grinding” means the treatment of waste by uniformly reducing the waste to particles of controlled maximum size; “hauled liquid and hazardous waste collection system” means a waste management system or any part thereof for the collection, handling, transportation, storage or processing of hauled liquid industrial waste or hazardous waste but does not include the disposal thereof; “hauled liquid industrial waste” means liquid industrial waste transported in a tank or other container for treatment or disposal; “hauled sewage” means, (a)  domestic waste that is human body waste, toilet or other bathroom waste, waste from other showers or tubs, liquid or water borne culinary or sink waste or laundry waste, and (b)  other waste that is suitable for storage, treatment or disposal in a sewage system regulated under Part 8 of Division B of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992, if the waste is not fully disposed of at the site where it is produced, other than, (i)  waste that is, (A)  from a sewage works that is subject to an environmental compliance approval, and (B)  conveyed, by a sewer that is subject to an environmental compliance approval, away from the site where it is produced, (ii)  waste in a vehicle sewage holding tank, or (iii)  GNF; “hazardous industrial waste” means, (a)  a waste listed as a hazardous industrial waste in Schedule 1, other than a waste described in Schedule 1.1, (b)  a mixture of a waste referred to in clause (a) and any other waste or material, or (c)  a waste derived from a waste referred to in clause (a), unless, (i)  the waste that is derived from the waste referred to in clause (a) is listed in Schedule 1.1, or (ii)  the waste that is derived from the waste referred to in clause (a) is produced in accordance with an environmental compliance approval that states that, in the opinion of the Director, the waste that is produced in accordance with the approval does not have characteristics similar to the characteristics of the hazardous industrial waste from which it was derived; “hazardous waste” means a waste that is a, (a)  hazardous industrial waste, (b)  acute hazardous waste chemical, (c)  hazardous waste chemical, (d)  severely toxic waste, (e)  ignitable waste, (f)  corrosive waste, (g)  reactive waste, (h)  radioactive waste, except radioisotope wastes disposed of in a landfilling site in accordance with the written instructions of the Canadian Nuclear Safety Commission, (i)  pathological waste, (j)  leachate toxic waste, or (k)  PCB waste, but does not include, (l)  hauled sewage, (m)  waste from the operation of a sewage works subject to the Ontario Water Resources Act
where the works, (i)  is owned by a municipality, (ii)  is owned by the Crown or the Ontario Clean Water Agency, subject to an agreement with a municipality under the Ontario Water Resources Act, or (iii)  receives only waste similar in character to the domestic sewage from a household, (n)  domestic waste, (o)  incinerator ash resulting from the incineration of waste that is neither hazardous waste nor liquid industrial waste, (p)  waste that is a hazardous industrial waste, hazardous waste chemical, ignitable waste, corrosive waste, leachate toxic waste or reactive waste and that is produced in any month in an amount less than five kilograms or otherwise accumulated in an amount less than five kilograms, (q)  waste that is an acute hazardous waste chemical and that is produced in any month in an amount less than one kilogram or otherwise accumulated in an amount less than one kilogram, (r)  an empty container or the liner from an empty container that contained hazardous industrial waste, hazardous waste chemical, ignitable waste, corrosive waste, leachate toxic waste or reactive waste, (s)  an empty container of less than twenty litres capacity or one or more liners weighing, in total, less than ten kilograms from empty containers, that contained acute hazardous waste chemical, (t)  the residues or contaminated materials from the clean-up of a spill of less than five kilograms of waste that is a hazardous industrial waste, hazardous waste chemical, ignitable waste, corrosive waste, leachate toxic waste or reactive waste, or (u)  the residues or contaminated materials from the clean-up of a spill of less than one kilogram of waste that is an acute hazardous waste chemical; “hazardous waste chemical” means, (a)  a commercial waste chemical listed as a hazardous waste chemical in Part B of Schedule 2, other than a waste described in Schedule 2.2, (b)  a mixture of a waste referred to in clause (a) and any other waste or material, or (c)  a waste derived from a waste referred to in clause (a), unless, (i)  the waste that is derived from the waste referred to in clause (a) is listed in Schedule 2.2, or (ii)  the waste that is derived from the waste referred to in clause (a) is produced in accordance with an environmental compliance approval that states that, in the opinion of the Director, the waste that is produced in accordance with the approval does not have characteristics similar to the characteristics of the hazardous waste chemical from which it was derived; “highway” has the same meaning as in the
Highway Traffic Act; “hospital incinerator” means an incinerator owned by a hospital within the meaning of the Public Hospitals Act; “ignitable waste” means a waste that, (a)  is a liquid, other than an aqueous solution containing less than 24 per cent alcohol by volume and has a flash point less than 61° Celsius, as determined by the Tag Closed Cup Tester (ASTM D-56-79), the Setaflash Closed Cup Tester (ASTM D-3243-77 or ASTM D-3278-78), the Pensky-Martens Closed Cup Tester (ASTM D-93-79), or as determined by an equivalent test method approved by the Director, (b)  is a solid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a danger, (c)  is a Class 2.1 Flammable Gas within the meaning of paragraph 2.14 (a) of the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act, 1992 (Canada), (d)  is a Class 5.1 Oxidizing Substance within the meaning of paragraph 2.24 (a) of the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act, 1992 (Canada), or (e)  is a Class 5.2 Organic Peroxide within the meaning of paragraph 2.24 (b) of the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act, 1992 (Canada); “incinerator ash” means the ash residue, other than fly-ash, resulting from incineration where the waste is reduced to ashes containing by weight less than 10 per cent of combustible materials; “incinerator waste” means the residue from incineration, other than incinerator ash and fly-ash; “individual collection system” means the collection of a householder’s own domestic wastes by a householder and the transportation of such wastes to a waste disposal site by the householder; “industrial waste” means waste, other than municipal waste, from, (a)  an enterprise or activity involving warehousing, storage or industrial, manufacturing or commercial processes or operations, (b)  research or an experimental enterprise or activity, (c)  an enterprise or activity to which clause (a) would apply if the enterprise or activity were carried on for profit, (d)  clinics that provide medical diagnosis or treatment, (e)  schools, laboratories or hospitals, or (f)  a facility or vehicle owned or operated by a municipality; “inert fill” means earth or rock fill or waste of a similar nature that contains no putrescible materials or soluble or decomposable chemical substances but does not include excess soil; “intact waste battery” means an electric battery that is intact but is damaged, spent, worn out or discarded; “in-vehicle sewage” means waste produced in a vehicle that is human body waste, toilet or other bathroom waste, waste from other showers or tubs, liquid or water borne culinary or sink waste, laundry waste or similar waste that would normally be carried away by a sewer if it were not produced in a vehicle; “laboratory” has the same meaning as in the
Laboratory and Specimen Collection Centre Licensing Act; “land disposal” means, with respect to a waste, the deposit or disposal of the waste upon, into, in or through land, including, (a)  the deposit of the waste at a dump, (b)  the landfilling of the waste, (c)  the discharge of the waste into a geological formation by means of a well, and (d)  the landfarming of the waste, in the case of a petroleum refining waste, and “land disposed” has a corresponding meaning; “landfarming” means the biodegradation of petroleum refining wastes by naturally occurring soil bacteria by means of controlled application of the wastes to land followed by periodic tilling; “landfilling” means the disposal of waste by deposit, under controlled conditions, on land or on land covered by water, and includes compaction of the waste into a cell and covering the waste with cover materials at regular intervals; “leachate toxic waste” means a waste producing leachate containing any of the contaminants listed in Schedule 4 at a concentration equal to or in excess of the concentration specified for that contaminant in Schedule 4 using the Toxicity Characteristic Leaching Procedure; “liquid industrial waste” means waste that is both liquid waste and industrial waste but does not include, (a)  hazardous waste, (a.1)  hauled sewage, (a.2)  GNF, (b)  waste from the operation of a sewage works described in clause (m) of the definition of “hazardous waste”, (c)  waste from the operation of a water works subject to the Ontario Water Resources Act or the Safe Drinking Water Act, 2002, (d)  waste that is produced in any month in an amount less than twenty-five litres or otherwise accumulated in an amount less than twenty-five litres, (e)  waste directly discharged by a generator from a waste generation facility into, (i)  a sewage works, other than a storm sewer, that is subject to the Ontario Water Resources Act or was established before April 3, 1957, or (ii)  a sewage system regulated under Part 8 of Division B of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992, (f)  waste that results directly from food processing and preparation operations, (g)  drilling fluids and produced waters associated with the exploration, development or production of crude oil or natural gas, (h)  processed organic waste, or (i)  asbestos waste; “liquid soil” has the same meaning as in Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Act; “liquid waste” means waste that has a slump of more than 150 millimetres using the Test Method for the Determination of Liquid Waste (slump test) set out in Schedule 9; “listed waste” means hazardous waste that is, (a)  an acute hazardous waste chemical, (b)  hazardous industrial waste, (c)  a hazardous waste chemical, or (d)  severely toxic waste; “local waste transfer facility” means a site, (a)  at which waste from field operations is received, bulked, temporarily stored and transferred, (b)  that is owned or controlled by the person who undertakes the field operations referred to in clause (a) or by a person on whose behalf those field operations are undertaken, (c)  at which no waste is received other than waste from field operations, and (d)  that is used primarily for functions other than waste management; “lubricating oil” means petroleum-derived or synthetic crankcase oil, engine oil, hydraulic fluid, transmission fluid, gear oil, heat transfer fluid, or other oil or fluid used for lubricating machinery or equipment; “Manual” means the publication entitled “Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste”, published by the Ministry of Environment and Energy and dated April 1995, as amended from time to time; “marine craft waste disposal system” means a waste disposal system operated by a person or a municipality for the receiving of waste from marine craft for deposit in holding tanks; “mixed anaerobic digestion” means anaerobic digestion of both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials in the same facility; “mixed anaerobic digestion facility” means an anaerobic digestion facility that treats both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out; “mobile health care” means, (a)  human or animal health care that takes place at, (i)  the home of the human being or animal, (ii)  a location at which emergency services or ambulance services are provided to the human being or animal, (iii)  a location that is being used temporarily for health care providers to administer vaccinations to the human being or animal, or (iv)  a location that is being used temporarily for the purpose of collecting blood or other specimens from the human being or animal, but does not include any care at that location that is related to the collection of specimens as part of conducting COVID-19 antigen POCT testing within the meaning of subsection 29.6 (1), (b)  animal health care that, (i)  is provided by a person licensed to engage in the practice of veterinary medicine by the Registrar of the College of Veterinarians of Ontario, and (ii)  takes place at a temporary facility for which a certificate of accreditation has been issued by the Registrar of the College of Veterinarians of Ontario, but does not include health care that is provided at, (c)  a hospital as defined in the Public Hospitals Act or a private hospital as defined in the Private Hospitals Act, (d)  a psychiatric facility as defined in the Mental Health Act, (e)  a long-term care home as defined in the Fixing Long-Term Care Act, 2021, (f)  a home for special care as defined in the Homes for Special Care Act, (g)  homes that are part of the Ontario Government program known as the “Community Homes for Opportunity” program, (h)  the professional office of a member of the Royal College of Dental Surgeons of Ontario, (i)  the professional office of a member of the College of Physicians and Surgeons of Ontario, (j)  the professional office of a member of the College of Nurses of Ontario, (k)  the professional office of a member of the College of Veterinarians of Ontario, or (l)  a pharmacy in respect of which a certificate of accreditation has been issued under section 139 of the Drug and Pharmacies Regulation Act; “mobile refrigerant waste” means refrigerant removed from the air-conditioning, heat pump, refrigeration or freezer unit of anything used for the purposes of transportation; “mobile refrigerant waste collector” means a mobile refrigerant waste management system that collects mobile refrigerant waste it has removed from equipment in which refrigerant is used; “mobile refrigerant waste recycler” means a mobile refrigerant waste management system that receives mobile refrigerant waste from other mobile refrigerant waste management systems and recycles it; “municipal waste” means, (a)  any waste, whether or not it is owned, controlled or managed by a municipality, except, (i)  hazardous waste, (ii)  liquid industrial waste, or (iii)  gaseous waste, and (b)  solid fuel, whether or not it is waste, that is derived in whole or in part from the waste included in clause (a); “non-aqueous waste” means waste that is not aqueous waste; “non-hazardous solid industrial waste” means industrial waste that is not liquid industrial waste and is not hazardous waste and includes asbestos waste; “off-farm anaerobic digestion materials” means anaerobic digestion materials that are not generated at an agricultural operation and that are received at an agricultural operation from an outside source; “on-farm anaerobic digestion materials” means anaerobic digestion materials that are generated at an agricultural operation; “on-site garbage grinder” means a grinder, (a)  used for the treatment of waste that is subsequently discharged as sewage, and (b)  located in a building or structure used principally for functions other than waste management; “on-site incinerator” means an incinerator located at a site used principally for functions other than waste management in which only waste generated on that site is incinerated; “on-site road” means a road for the movement of vehicles and equipment within a waste disposal site; “on-site thermal treatment equipment” means thermal treatment equipment located at a site used principally for functions other than waste management in which only waste generated on that site is subject to thermal treatment, and includes an on-site incinerator; “organic soil conditioning” means the incorporation of processed organic waste in the soil to improve its characteristics for crop or ground cover growth; “packing and baling” means the treatment of waste by its compression into blocks or bales and binding or sheathing the blocks with wire, metal, plastic or other material; “pathological waste” means, (a)  any part of the human body, including tissues and bodily fluids, but excluding fluids, extracted teeth, hair, nail clippings and the like, that are not infectious, (b)  any part of the carcass of an animal infected with a communicable disease or suspected by a licensed veterinary practitioner to be infected with a communicable disease, (c)  non-anatomical waste infected with communicable disease, (d)  a mixture of a waste referred to in clause (a), (b) or (c) and any other waste or material, or (e)  a waste derived from a waste referred to in clause (a), (b) or (c), unless the waste that is derived from the waste referred to in clause (a), (b) or (c) is produced in accordance with an environmental compliance approval that states that, in the opinion of the Director, the waste that is produced in accordance with the approval does not have characteristics similar to the characteristics of pathological waste referred to in clause (a), (b) or (c); “PCB” has the same meaning as in Regulation 362 of the Revised Regulations of Ontario, 1990 (Waste Management — PCBs) made under the Act; “PCB waste” has the same meaning as in Regulation 362 of the Revised Regulations of Ontario, 1990 (Waste Management — PCBs) made under the Act; “processed organic waste” means waste that is predominantly organic in composition and has been treated by aerobic or anaerobic digestion, or other means of stabilization, and includes sewage residue from sewage works that are subject to the provisions of the Ontario Water Resources Act; “radioactive waste” includes, (a)  a mixture of radioactive waste and any other waste or material, and (b)  a waste derived from radioactive waste, unless the waste that is derived from the radioactive waste is produced in accordance with an environmental compliance approval that states that, in the opinion of the Director, the waste that is produced in accordance with the approval does not have characteristics similar to the characteristics of radioactive waste; “reactive waste” means a waste that, (a)  is normally unstable and readily undergoes violent change without detonating, (b)  reacts violently with water, (c)  forms potentially explosive mixtures with water, (d)  when mixed with water, generates toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment, (e)  is a cyanide or sulphide bearing waste which, when exposed to pH conditions between two and 12.5, can generate toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment, (f)  is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement, (g)  is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure, or (h)  is a Class 1 Explosive within the meaning of section 2.9 of the Transportation of Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act, 1992
(Canada); “receiver” means the operator of any facility to which waste is transferred by a carrier; “Registry” has the same meaning as in the Resource Recovery and Circular Economy Act, 2016; “regulated mixed anaerobic digestion facility” means a mixed anaerobic digestion facility that, (a)  is regulated under Part IX.1 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002, and (b)  is not subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Act; “scavenging” means the uncontrolled removal of reusable material from waste at a waste disposal site; “severely toxic waste” means, (a)  a waste that contains a contaminant listed as a severely toxic contaminant in Schedule 3 at a concentration greater than one part per million, (b)  a mixture of a waste referred to in clause (a) and any other waste or material, or (c)  a waste derived from a waste referred to in clause (a), unless the waste that is derived from the waste referred to in clause (a) is produced in accordance with an environmental compliance approval that states that, in the opinion of the Director, the waste that is produced in accordance with the approval does not have characteristics similar to the characteristics of severely toxic waste referred to in clause (a); “site” means one property and includes nearby properties owned or leased by the same person where passage from one property to another involves crossing, but not travelling along, a public highway; “soil mixture” includes a mixture of soil and liquids, sludges or solids, where, (a)  the mixture cannot be separated by simple mechanical removal processes; and (b)  based on visual inspection, the volume of the mixture is made up primarily of soil or other finely divided material that is similar to soil; “specimen collection centre” has the same meaning as in the Laboratory and Specimen Collection Centre Licensing Act; “stationary refrigerant waste” means refrigerant that is not mobile refrigerant waste and that is removed from an air-conditioning unit, heat pump, refrigeration or freezer unit; “stationary refrigerant waste collector” means a stationary refrigerant waste management system that collects stationary refrigerant waste it has removed from equipment in which refrigerant is used; “stationary refrigerant waste recycler” means a stationary refrigerant waste management system that receives stationary refrigerant waste from other stationary refrigerant waste management systems and recycles it; “subject waste” means, (a)  liquid industrial waste, (b)  hazardous waste, and (b.1)  waste that was characteristic waste but that has been treated so that it is no longer characteristic waste, if the waste may not be disposed of by land disposal under subsection 79 (1), but does not include waste described in subsection (3); “thermal treatment” includes incineration, gasification, pyrolysis or plasma arc treatment; “thermal treatment site” means a waste disposal site where thermal treatment is used; “total waste disposal volume” means, for a landfilling site, the maximum volume of waste, including the volume of any daily or intermediate cover, to be deposited at the site in the space extending from the base of the waste fill zone or the top of any engineered facilities located on the base of the site to the bottom of the final cover; “Toxicity Characteristic Leaching Procedure” means the Toxicity Characteristic Leaching Procedure, Method 1311, that appears in United States Environmental Protection Agency Publication SW-846 entitled “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, as amended from time to time, or a test method that the Director has approved in writing as equivalent; “transfer” means physical transfer of possession; “transfer station” means a waste disposal site used for the purpose of transferring waste from one vehicle to another for transportation to another waste disposal site; “treatment code” means a code listed as a treatment code in Schedule 7; “vehicle” includes a rail car; “vehicle sewage holding tank” means a device permanently mounted in or on a vehicle to receive in-vehicle sewage produced in the vehicle; “waste battery recovery facility” means a site at which intact waste batteries are received for recovery of battery components and at which no disposal of intact waste batteries or of recovered battery components takes place; “waste biomass” means organic matter that is derived from a plant or animal, that is available on a renewable basis and that is, (a)  waste from harvesting or processing agricultural products or forestry products, (b)  waste resulting from the rendering of animals or animal by-products, (c)  solid or liquid material that results from the treatment of wastewater generated by a manufacturer of pulp, paper, recycled paper or paper products, including corrugated cardboard, (d)  waste from food processing and preparation operations, or (e)  woodwaste; “waste electrical and electronic equipment” has the same meaning as in Ontario Regulation 389/16 (Waste Electrical and Electronic Equipment) made under the Waste Diversion Transition Act, 2016; “waste fill zone” means the three-dimensional zone in which waste is disposed of by landfilling; “waste generation facility” means those facilities, equipment and operations that are involved in the production, collection, handling or storage of waste at a site; “waste transportation system” means those facilities, equipment and operations that are involved in transporting waste beyond the boundaries of a site or from site to site; “waste-derived fuel” means waste that, (a)  is hazardous waste, liquid industrial waste, waste described in clause (p), (q), (r), (s), (t) or (u) of the definition of “hazardous waste” or waste described in clause (d) of the definition of “liquid industrial waste”, (b)  contains not more than 5 milligrams per kilogram arsenic, not more than 2 milligrams per kilogram cadmium, not more than 10 milligrams per kilogram chromium, not more than 50 milligrams per kilogram lead, not more than 2 milligrams per kilogram PCBs (as defined in Regulation 362 of the Revised Regulations of Ontario, 1990) and not more than 1,500 milligrams per kilogram total halogens, (c)  has a flash point of at least 38° Celsius as determined by the Tag Closed Cup Tester (ASTM D-56-79), the Setaflash Closed Cup Tester (ASTM D-3243-77 or ASTM D-3278-78), the Pensky-Martens Closed Cup Tester (ASTM D-93-79) or an equivalent test method approved by the Director, (d)  has a quality as fuel not worse than commercially available low grade fuel, and (e)  is located at or destined for a waste-derived fuel site, where it will be wholly utilized as a fuel or fuel supplement in a combustion unit; “waste-derived fuel site” means a waste disposal site where waste-derived fuel is wholly utilized as a fuel or fuel supplement in a combustion unit used principally for functions other than waste management and the site may include blending or bulking facilities but may not include facilities for treatment or processing of waste-derived fuel generated off the site; “woodwaste” means waste, (a)  that is wood or a wood product, including tree trunks, tree branches, leaves and brush, (b)  that is not contaminated with chromated copper arsenate, ammoniacal copper arsenate, pentachlorophenol or creosote, and (c)  from which easily removable hardware, fittings and attachments, unless they are predominantly wood or cellulose, have been removed, but does not include, (d)  an upholstered article, or (e)  an article to which a rigid surface treatment is affixed or adhered, unless the rigid surface treatment is predominantly wood or cellulose; “woodwaste combustor site” means a waste disposal site where woodwaste is subject to thermal treatment or wholly utilized as a fuel or fuel supplement in a combustion unit.  R.R.O. 1990, Reg. 347, s. 1; O. Reg. 240/92, s. 1; O. Reg. 501/92, s. 1; O. Reg. 555/92, s. 1; O. Reg. 105/94, s. 1; O. Reg. 190/94, s. 1; O. Reg. 512/95, s. 1; O. Reg. 157/98, s. 1; O. Reg. 460/99, s. 1; O. Reg. 558/00, s. 1 (1-11); O. Reg. 501/01, s. 1; O. Reg. 323/02, s. 1; O. Reg. 461/05, s. 1; O. Reg. 102/07, s. 1 (1-6); O. Reg. 280/07, s. 1; O. Reg. 292/07, s. 1; O. Reg. 395/07, s. 1; O. Reg. 217/08, s. 1 (1); O. Reg. 110/09, s. 1; O. Reg. 336/09, s. 1; O. Reg. 337/09, s. 1; O. Reg. 234/11, s. 1 (1-13); O. Reg. 283/12, s. 1; O. Reg. 334/13, s. 1; O. Reg. 302/14, s. 1 (1-4); O. Reg. 372/15, s. 1; O. Reg. 86/16, s. 1 (1-3); O. Reg. 391/16, s. 1; O. Reg. 408/19, s. 1 (1, 2); O. Reg. 324/22, s. 1. (1.0.1) For the purposes of clause (b) of the definition of “agricultural waste” in subsection (1), one of the following criteria must be met for waste from a sewage works to be excluded from the definition of “agricultural waste”: 1.  Section 53 of the Ontario Water Resources Act applies to the sewage works. 2.  The sewage works is for the management of GNF and the following criteria are met: i.  Section 53 of the Ontario Water Resources Act does not apply to the sewage works under clause 53 (6) (a) of that Act or section 3.3 of Ontario Regulation 525/98 (Approval Exemptions) made under that Act. ii.  Ontario Regulation 300/14 (Greenhouse Nutrient Feedwater) made under the Nutrient Management Act, 2002 does not apply to the management of the GNF under subsection 1 (3) of that regulation. O. Reg. 302/14, s. 1 (5). (1.1) For the purpose of better understanding the definition of “engineered facility” in subsection (1), the following things are examples of common engineered facilities, if they are intended to be functional elements or features of a landfilling site for more than five years: 1.  Berms. 2.  Drainage ditches. 3.  Liners. 4.  Covers. 5.  Pumps. 6.  Facilities to detect, monitor, control, collect, redirect or treat leachate, surface water or ground water. 7.  Facilities to detect, monitor, control, collect, redirect, treat, utilize or vent landfill gas.  O. Reg. 217/08, s. 1 (2). (2) For the purpose of this Regulation, a waste is derived from a hazardous waste if it is produced from the hazardous waste by blending, stabilization, processing, treatment or disposal.  O. Reg. 558/00, s. 1 (12). (3) The definition of “subject waste” in subsection (1) does not include the following wastes: 1.  Waste from the servicing of motor vehicles at a retail motor vehicle service station or service facility that has a written agreement for the collection and other management of such waste with the owner or operator of a waste management system in respect of which an environmental compliance approval has been issued authorizing the collection and other management of such waste. 2.  Intact waste batteries destined for a waste battery recovery facility. 3.  Common mercury waste destined for a common mercury waste recovery facility. 4.  Waste electrical and electronic equipment that is intact and is destined for a site at which it is to be processed for the recovery of materials. 5.  Printed circuit boards that are waste, are intact and are destined for a site at which they are to be processed for the recovery of materials. 6.  Waste from, i.  a nursing home under the
Nursing Homes Act, ii.  a home under the Homes for the Aged and Rest Homes Act, iii.  a home for special care under the Homes for Special Care Act, iv.  the professional office of a member of the Royal College of Dental Surgeons of Ontario, or v.  the professional office of a member of the College of Physicians and Surgeons of Ontario. 7.  Excess soil that is liquid soil, unless the liquid soil is hazardous waste.  O. Reg. 102/07, s. 1 (7); O. Reg. 234/11, s. 1 (14); O. Reg. 408/19, s. 1 (3). (4) For the purposes of paragraph 1 of subsection 1 (3), the servicing of motor vehicles does not include the management of end-of-life vehicles. O. Reg. 86/16, s. 1 (4). Designation and Exemption of Wastes