3. (1) The following wastes are exempted from Part V of the Act and this Regulation: 1.  Agricultural wastes. 2.  Inedible material within the meaning of Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act, 2001. 2.1  Any material that is condemned or derived from a carcass at a registered establishment within the meaning of the Meat Inspection Act (Canada). 3.  Dead farm animals within the meaning of Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made
under the Nutrient Management Act, 2002 or regulated dead animals within the meaning of  Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001. 4.  Revoked: O. Reg. 157/98, s. 3. 5.  Inert fill. 6.  Rock fill or mill tailings from a mine. 7.  Material set out in subsection (2). R.R.O. 1990, Reg. 347, s. 3; O. Reg. 105/94, s. 3 (1); O. Reg. 157/98, s. 3; O. Reg. 110/09, s. 2 (1). (2) The material referred to in paragraph 7 of subsection (1) is any of the following: 1.  Municipal waste, hazardous waste or liquid industrial waste, other than used or shredded or chipped tires, if, i.  the waste is transferred by a generator for direct transportation to a site to be wholly used at the site in an ongoing agricultural, commercial, manufacturing or industrial process or operation that, A.  is used principally for functions other than waste management, and B.  does not involve combustion or land application of the waste, or ii.  the waste is neither excess soil, other than excess soil described in subsection 3 (8) of Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Act, nor processed organic waste from a composting facility, and the waste is transferred by a generator for direct transportation to a site, A.  to be promptly packaged for retail sale to meet a realistic market demand, or B.  to be offered for retail sale to meet a realistic market demand. 2.  Municipal waste, consisting solely of waste from a single category of waste set out in Schedule 1, 2 or 3 of Ontario Regulation 101/94, transferred by a generator and destined for, i.  a waste disposal site that, but for the exemption in section 5 of Ontario Regulation 101/94, would be a municipal waste recycling site to which Part IV of that regulation applies and that is located at a manufacturing establishment that uses all the output, other than residues, of the site, or ii.  a site for use at the site in an ongoing agricultural, commercial, manufacturing or industrial process or operation used principally for functions other than waste management if the process or operation does not involve combustion or land application of the waste. 3.  Residue remaining after metal is recovered from wire and cable and transferred by a generator for direct transportation to a site at which it will be processed for recovery of metal and plastic using a process that does not involve combustion of the residue or any part of the residue. 4.  Chipped wood, other than chipped painted wood, chipped treated wood or chipped laminated wood, intended for use as ground cover. 5.  Waste wood, other than painted wood, treated wood or laminated wood, transferred by a generator and destined for a site at which it is to be chipped for eventual use as ground cover. 6.  Pickle liquor transferred by a generator for direct transportation to a site at which it is to be wholly utilized as a treatment chemical in, i.  a sewage works that is subject to the Ontario Water Resources Act, i.1  a sewage works outside Ontario, if the utilization of pickle liquor for this purpose is acceptable to the environmental regulatory authority in the jurisdiction where the sewage works is located, or ii.  a wastewater treatment facility that discharges into a sanitary sewer. 7.  Solid photographic waste that contains silver, including spent chemical recovery cartridges that contain silver, transferred by a generator and destined for a site at which it is to be processed for recovery of silver. 8.  Waste paint or waste coatings transferred by a generator and destined for a site at which the waste is to be used in an ongoing manufacturing process for the production of paint or coatings, if the process does not involve combustion of the waste and the paint or coatings that are produced are not used as fuel. 9.  Emission control dust from the primary production of steel in electric furnaces, if the dust is transferred by a generator for direct transportation to a site at which it is to be used as a feedstock in an ongoing high temperature metal recovery process in a rotary kiln, flame reactor, electric furnace, plasma arc furnace, slag reactor, industrial furnace or combination of a rotary hearth furnace and electric furnace. 10.  Spent activated carbon transferred by a generator for direct transportation to a site at which it is to be used in a process to reactivate activated carbon. 11.  Metal bearing waste, other than lead acid batteries or aqueous waste, that is transferred by a generator for direct transportation to a smelter at which the waste is to be used as a feedstock in an ongoing operation for the recovery of metal, including waste that, for the purpose of being used as a feedstock, is processed through size reduction, blending, calcining, roasting, sintering, drying, pelletizing, cleaning, leaching or separation of solids from liquids, but not including waste that, for the purpose of being used as a feedstock, is processed in any other manner. 12.  Printed circuit boards that are waste and that are transferred by a generator and destined for a smelter at which they are to be used as a feedstock in an ongoing operation for the recovery of metal. 13.  Waste that is to be processed and used at the same site where it is generated, if, i.  neither the processing nor the use of the waste involves combustion or land application of the waste, and ii.  the waste is not PCB waste, soil or a soil mixture. 14.  Waste biomass transferred by a generator and destined for a site at which it is to be used as a feedstock in the production of ethanol or biodiesel, whether or not it is processed before it is used as a feedstock and whether or not it is processed before it is received at the site at which it is to be used as a feedstock. 15.  Crumb rubber recovered from used, chipped or shredded tires and destined for use as a feedstock in the production of rubber products other than fuel products. 16.  Waste glass that is to be used as
aggregate in pipe bedding or in the subsurface of roads or parking areas. 17.  Waste asphalt pavement transferred by a generator for direct transportation to, i.  a site at which it is to be used as construction aggregate, or ii.  a site at which waste asphalt pavement is processed for use as construction aggregate and at which no disposal of waste or processed waste takes place. 18.  Waste asphalt pavement transferred by a generator for direct transportation to a site at which waste asphalt pavement is stored for use as construction aggregate, if, i.  the waste asphalt pavement is stored at least 30 metres away from the nearest watercourse, lake or pond, or there are engineered works in place to prevent the waste from having any adverse effect on any watercourse, lake or pond, and ii.  the waste asphalt pavement is stored at, A.  a construction area for not more than 120 days, B.  a permanent place of business for a person who is in the business of construction, C.  a pit or quarry for which a permit or licence has been issued under the Aggregate Resources Act, D.  a road works yard owned by a municipality or the Crown in right of Ontario, or E.  a place that is at least 100 metres from the nearest dwelling. 19.  Waste asphalt shingles transferred by a generator and destined for a site at which they will be used as aggregate or surface layer in the construction of walkways for pedestrian use, roads or parking areas, if, before being used for that purpose, the shingles are processed at a site at which the only processing that occurs is sorting, size reduction and the removal of other wastes from the shingles. 20.  Organic waste from food processing and preparation operations or operations for the sale or distribution of food, if, i.  the waste is transferred by a generator and destined for a site at which the waste will be used in an ongoing agricultural, commercial, manufacturing or industrial process or operation, whether or not it is processed before it is used in the process or operation and whether or not it is processed before it is received at the site at which it will be used in the process or operation, and ii.  the agricultural, commercial, manufacturing or industrial process or operation does not involve combustion or land application of the waste. 21.  Anaerobic digestion output that is intended for application on agricultural land as nutrient, i.  if it was generated by a regulated mixed anaerobic digestion facility, or ii.  if the anaerobic digestion materials did not contain sewage biosolids or human body waste and at least 50 per cent, by volume, of the total amount of anaerobic digestion materials were on-farm anaerobic digestion materials. 22.  Manure, paunch manure or used animal bedding transferred by a generator for direct transportation to a farm operation at which it is to be used to improve the growing of crops, whether or not it is processed at the operation before it is used to improve the growing of crops. 23.  Solid waste plant material that is, i.  generated from crops that have not been processed, or that have been processed without any use of chemicals, other than food grade chemicals used only to clean the crops or the surrounding processing area and equipment, and ii.  transferred by a generator for direct transportation to a farm operation at which it is to be used to improve the growing of crops, whether or not it is processed at the operation before it is used to improve the growing of crops. 24.  Composting material or cured compost if it is transferred by a disposal facility that is operating under a licence issued under the Food Safety and Quality Act, 2001. 25.  Processed organic waste from a composting facility, if the waste meets the requirements for Category AA or Category A compost in Part II of the document published by the Ministry entitled “Ontario Compost Quality Standards”, as amended from time to time, originally dated July 25, 2012 and available on a website of the Government of Ontario and through the Ministry’s Public Information Centre. 26.  Revoked: O. Reg. 283/12, s. 2 (3). O. Reg. 105/94, s. 3 (2); O. Reg. 128/98, s. 2 (1); O. Reg. 461/05, s. 2; O. Reg. 102/07, s. 2 (1); O. Reg. 395/07, s. 2 (1); O. Reg. 110/09, s. 2 (2); O. Reg. 336/09, s. 2; O. Reg. 283/12, s. 2; O. Reg. 372/15, s. 2; O. Reg. 777/20, s. 1. (3) Despite subsection (1), material that is referred to in subparagraph 1 i or paragraph 6, 9, 10 or 11 of subsection (2) is exempt from Part V of the Act and this Regulation only if the carrier has in his or her possession while transporting the material a document from the owner or operator of the site to which the material is being transported that, (a)  indicates that the owner or operator of the site to which the material is being transported agrees to accept the material; (b)  specifies the use that will be made of the material; and (c)  if the paragraph of subsection (2) that refers to the material refers to an ongoing process or operation, stipulates that the process or operation is ongoing at the time the material is being transported.  O. Reg. 102/07, s. 2 (2). (3.0.1) Despite subsection (1), material that is referred to in paragraph 2, 2.1 or 3 of subsection (1) or paragraph 24 of subsection (2) is exempt from Part V of the Act and this Regulation unless it is transferred to a waste disposal site that is operating under an environmental compliance approval.  O. Reg. 110/09, s. 2 (3); O. Reg. 234/11, s. 2. (3.0.2) Despite subsection (1), material that is referred to in paragraph 1, 2, 2.1 or 3 of subsection (1) or paragraph 22, 23 or 24 of subsection (2) is not exempt from section 29 of the Act.  O. Reg. 110/09, s. 2 (3). (3.1) Despite subsection (1), material that is referred to in paragraph 7 or 8 of subsection (2) is exempt from Part V of the Act and this Regulation only if, (a)  every carrier has in his or her possession while transporting the material a document from the owner or operator of the site to which the material is destined that, (i)  indicates that the owner or operator of the site to which the material is destined agrees to accept the material, (ii)  specifies the use that will be made of the material, and (iii)  if the material is referred to in paragraph 8 of subsection (2), stipulates that the manufacturing process referred to in that paragraph is ongoing at the time the material is being transported; and (b)  the owner or operator of every site to which the material is delivered and at which the material is collected, handled, stored or transferred before reaching the site to which the material is destined has in his or her possession while collecting, handling, storing or transferring the material a document from the owner or operator of the site to which the material is destined that, (i)  indicates that the owner or operator of the site to which the material is destined agrees to accept the material, (ii)  specifies the use that will be made of the material, and (iii)  if the material is referred to in paragraph 8 of subsection (2), stipulates that the manufacturing process referred to in that paragraph is ongoing at the time the material is being collected, handled, stored or transferred.  O. Reg. 102/07, s. 2 (2). (3.2) If a waste referred to in paragraph 13 of subsection (2) is one of the following types of waste, any residue from the processing of the waste shall be deemed, for the purposes of this Regulation, to be a waste derived from a waste referred to in clause (a) of the definition of that type of waste in subsection 1 (1): 1.  Acute hazardous waste chemical. 2.  Hazardous industrial waste. 3.  Hazardous waste chemical. 4.  Severely toxic waste.  O. Reg. 102/07, s. 2 (2). (3.3) Paragraph 20 of subsection (2) does not apply to organic waste from food processing and preparation operations or operations for the sale or distribution of food, if the waste is transferred by a generator and destined for a site at which the waste will be subject to anaerobic digestion, composting or any other process or operation that results in the production of material intended for land application.  O. Reg. 395/07, s. 2 (2). (4) In subsection (2), “ground cover” means, (a)  mulch, (b)  landscaping material, or (c)  surfacing material for, (i)  trails or walkways for pedestrian use, (ii)  trails or paths for use by livestock or other animals, (iii)  pens or enclosures for livestock or other animals, (iv)  playgrounds, (v)  parking areas, or (vi)  private roads.  O. Reg. 128/98, s. 2 (2). Waste Disposal Sites and Waste Management Systems