Introduction to Municipal Hazardous or Special Waste Plan Development Process

Introduction to Municipal Hazardous or Special Waste

Plan Development Process

January 9, 2007

1

Agenda

1) Waste Diversion Act (WDA)2) Waste Diversion Ontario (WDO)

Questions on WDA & WDO

3) Municipal Hazardous or Special Waste (MHSW)

Questions on MHSW Regulation & Letter

— BREAK —

4) WDO Actions on MHSW to DateDraft MHSW Consultation PlanStewardship Ontario Governance Proposal

Questions on Draft Consultation Plan & Governance Proposal

2

Welcome

• In person (~65)

• Webcast audience (over 60)– slides advance automatically

– enlarge slide

– email box for questions/comments on left-hand side of webcast console• use any time

• please include name & affiliation

• Archived webcast available for 180 days

3

Waste Diversion Act

Purpose

The purpose of this Act is to promote the reduction, reuse and recycling of waste and to provide for the development, implementation and operation of waste diversion programs.

4

Waste Diversion Act (WDA)

• WDA shifts some or all responsibility from government to industry for:

– managing end-of-life products & packaging– developing & implementing diversion programs– initiatives & incentives to achieve performance goals

such as • market development• R&D• financial incentives • consumer education

• WDA shifts some or all of costs – from government & general taxpayers – to industry & potentially their consumers

5

Waste Diversion Act

• Minister has authority to – designate waste

– require that WDO develop a diversion program in co-operation with• an existing IFO per WDA S.23(3)(a)

or• an IFO to be incorporated by WDO for the program

per WDA S. 23(3)(b)

6

Waste Diversion Act

• WDA establishes WDO as a non-crown corporation

• Multi-stakeholder board comprising representatives from

– stakeholder industries & associations– Association of Municipalities of Ontario– environmental non-government organization– Ontario public service

• Minister currently reviewing WDO Board structure

7

Waste Diversion Ontario

• Responsibility for waste diversion programs– develop, implement, operate– monitor effectiveness & efficiency– ensure programs affect Ontario’s marketplace in fair manner– enhance public awareness of & participation in programs

• Determine amount of money required by WDO & IFOs to carry out responsibilities under WDA

• Establish dispute resolution process for disputes between– IFOs & municipalities with respect to funding – IFOs & stewards with respect to rules

• If referred by Minister– conduct public consultations– advise or report to Minister

8

Roles & Responsibilities

• Minister of the Environment – establishes diversion policy – designates waste under WDA– sets diversion program performance goals– requires WDO to develop diversion program plan– approves or rejects diversion program plan – has authority to implement government plan by

regulation • Multi-stakeholder WDO Board

– co-ordinates industry initiatives– allows government & industry to operate at arms length– reviews/approves plans & recommends approval by

Minister

9

Roles & Responsibilities

• Industry – stewards manage Industry Funding Organization (IFO)

& lead program development/implementation

– haulers, processors, end markets provide services to IFOs

• Municipalities– provide collection of Blue Box materials (per WDA)

– provide collection of MHSW (per program request letter)

– may provide collection of other materials depending on agreements reached with IFOs during plan development

10

Questions?

Waste Diversion Act

Waste Diversion Ontario

11

MHSW Regulation

• Minister posted draft regulation on Environmental Registry June 9th for 30 days

• Received ~50 submissions– with over 400 comments in total

• Filed final regulation December 11– notice of decision posted on MOE website

– refer to # RA06E0003

12

MHSW Regulation

• Notice of Decision - Effect of Comments– added O.Reg 347 definition of corrosive waste

– Municipal Special Waste expanded to include• solvents & their containers

• items containing mercury

• antifreeze

– phrase ‘chemically-based’ removed• as an adjective of fertilizers, etc.

13

Included in MHSW Regulation

• Municipal Hazardous Waste– corrosive, flammable or toxic products

• by reference to Consumer Chemicals & Containers Regulations, 2001

– flammable, corrosive or toxicity hazards• by reference to CSA Standard Z752-03

– corrosive, ignitable, leachate toxic, reactive waste• by reference to Regulation 347

14

Included in MHSW Regulation

• Municipal Special Waste– batteries– pressurized & aerosol containers– portable fire extinguishers– fertilizers, fungicides, herbicides, insecticides, pesticides– paints & coatings– oil bottles & filters– fluorescent light bulbs or tubes– pharmaceuticals, sharps, syringes– switches, thermostats, thermometers, barometers &

measuring devices containing mercury– antifreeze & solvents

15

MHSW Program Request Letter

• WDO’s role– “I am requiring that WDO develop a waste diversion

program for Municipal Hazardous or Special Waste”

• Timelines– “I expect evaluation & analysis of all phases of the

program, as outlined in the addendum, to commence upon receipt of this letter.”

– governance proposal & Consultation Plan within 30 days (extended to January 26, 2007)

– “The MHSW program, Phase 1, shall be submitted by May 31, 2007 for my approval.”

16


• Stewardship Ontario’s role– “I am also requiring that

• Stewardship Ontario act as the Industry Funding Organization for the program”

• “the Board of Directors of the IFO include representatives from industry that will be affected by a MHSW program”

– “Stewardship Ontario shall ensure that only representatives from the affected industries are involved in program development”

17

MHSW Program Governance

• Stewardship Ontario governance proposal– to be submitted to Minister by January 26, 2007– short term i.e. plan development

• only representatives from affected industries involved in MHSW plan development

– longer term i.e. Phase 1 implementation• Stewardship Ontario Board to include representation

from eight Phase 1 MHSW materials• Minister will implement revised Stewardship Ontario

governance by regulation when approving MHSW plan

18

MHSW Materials

• Sources– residential waste – small quantity waste from industrial commercial

& institutional (IC&I) generators• not required to submit a generator report under

O.Reg 347 S.18(1)• limited to 100 kg/month of MHSW

• Phases– Phase 1 – 8 materials– Phase 2 – additional 8 materials– future phases

19


• Incentives to encourage 3Rs including– establishment of facilities with sufficient re-use

& recycling capacity to maximize management of MHSW

– R&D

– activities to develop & promote diversion of MHSW available for collection

– education & public awareness activities

20


• Defines obligated stewards – brand owners & first importers

• Defines products to be included in plan– produced or imported into the province for sale

in Ontario

– not included in another program• no double charging of containers in both Blue Box

& MHSW programs

21


• Defines basis for calculating Phase 1 fees (1)– program activities after initial collection of

waste at MHSW or other collection facilities, such as • transportation of waste from collection facilities

• processing, recycling, disposal

• other related waste management activities

• promotional & public education activities

22


• Defines basis for calculating Phase 1 fees (2)– capital costs to meet Phase 1 program

accessibility targets

– to maximize MHSW management through 3Rs

– not to fund or promote burning, landfilling or land application of MHSW unless 3R options not available or technically feasible

23


• Shall consider options with respect to internalizing program costs

– determine which option most appropriate for program

• Intended to encourage producer initiatives that reduce end-of-life management costs

• WDA provides WDO & IFO with authority to levy fees on stewards

– internalizing program costs therefore refers to process used by IFO to levy fees on stewards

– diversion program plan cannot comment on decisions taken by individual stewards to recover cost of fees from customers

24

MHSW Plan Requirements

• Baseline data– breakdown of quantity sold

– estimate of quantity available for collection

– existing diversion/recovery infrastructure & markets

• Collection & diversion targets– for each material

– for first 5 years

– taking into account reduction of quantity available for collection as a result of program

25


• Methodology to define accessibility targets

• Set program accessibility targets to– establish and/or expand MHSW collection

programs & sites

– make program convenient & accessible to all Ontarians including • high density urban areas

• rural communities

• Northern Ontario

26


• Methodology to expand & improve existing collection & diversion infrastructure to meet

– collection & diversion targets

– program accessibility targets

• Benchmarks & performance measures to encourage 3Rs, best practices, innovative diversion techniques

27


• Breakdown of financial payments– specific financial incentives for activities

identified in funding rules

– eligibility criteria for financial incentives

– procedure to receive incentives

• Tracking & audit mechanisms to ensure overall program compliance

28

Questions?

MHSW Regulation


29

Break

Introduction to Municipal Hazardous or Special Waste

Plan Development Process

30

WDO Datacall

• Yields data on current municipal MHSW programs

– permanent depot locations & operation

– special event operations

– quantities managed

– other program information

31

Current MHSW Program

• Permanent depots– 52 municipalities operate 98 depots

– level of service varies, e.g.• 1 day/year, 1 day/week, year round

• average is ~120 days/year

• Special events (in 2005)– 18 of 52 municipalities with depots operated

events

– additional 34 municipalities operated events

– total of 270 events32

Current MHSW Program

• In 2005– depots & events served

• ~11.4 million residents

• in ~ 4.4 households

– total of ~ 430,000 visits • assuming 1 visit per household per year

• ~10% of households participated

– 17 private contractors listed as providing MHSW services to municipalities

33

Quantities Managed

• With municipal staff - 50.75%

• Via contractors - 49.25%

• Management method– 7% reused

– 47% recycled

– 46% disposed

34

Quantities Managed in 2005 (kg)

0123456

Paint

Flam

mab

les O

il

Car B

attery

Org

anic

Oxidize

rs

Propan

e Tan

ks

Aeroso

ls

Dry C

ell Batte

ries

Antifr

eeze

Mill

ion

35

Quantities Managed in 2005 (kg) #2

0

50

100

150

200

250

Inor

ganic

Bases

Pestic

ides

Inor

ganic

Acids

Inor

ganic

Oxidize

rs

Misc

ellan

eous

MHSW

Oil Filte

rs

Bulk F

uel

Propan

e Cyli

nder

s

Pharm

aceutic

als

Floure

scen

t Lam

ps

Syringe

s

Th

ou

sa

nd

s

36

Quantities Managed in 2005

Paint 36% Pesticides 1%

Flammables 21% Inorganic Acids 1%

Oil 17% Inorganic Oxidizers 1%

Car Battery 8% Miscellaneous MHSW 1%

Organic Oxidizers 4% Oil Filters 1%

Propane Tanks 3% Bulk Fuel 1%

Aerosols 2% Propane Cylinders 0.4%

Dry Cell Batteries 2% Pharmaceuticals 0.2%

Antifreeze 2% Fluorescent Lamps 0.2%

Inorganic Bases 1% Syringes 0.1%

37

WDO Actions to Date

• December 13, WDO Board received Minister’s letter

– reviewed content with Minister’s Advisor & Director of Waste Management Policy Branch

– explored concerns & issues– agreed letter would be respected by WDO &

Stewardship Ontario – acknowledged Stewardship Ontario Board must review

letter

• December 15, Executive Director met with – Minister’s Advisor, Policy Branch Director, staff &

legal counsel– to review letter & clarify Minister’s expectations

38

WDO Actions to Date

• December 19, Executive Director met with municipal representatives

– to scope their program plan development issues

• December 21, Executive Director met with Stewardship Ontario Board

• January 5, Executive Director observed a Stewardship Ontario Board meeting

39

WDO Actions to Date

• WDO organized today’s workshop– to initiate plan development process

– to solicit comments on items to be submitted to Minister by January 26 • Consultation Plan

• Governance Proposal

• Remaining elements of Consultation Plan to be implemented by Stewardship Ontario in co-operation with WDO

40

Consultation Plan

• WDO Board will – review for approval on January 24, 2007

– submit to Minister on January 26, 2007

• Will be posted on WDO & Stewardship Ontario websites

41

Draft Consultation Plan

• Hard copies available today

• Electronic copy available – via WDO website (www.wdo.ca)

• Comments in writing to WDO – by end of business on January 15, 2007

42


• Identifies stakeholders including – stewards of products that result in MHSW

– affected industries (e.g., haulers, processors, etc.)

– associations for stewards & affected industries

– municipalities• that currently operate MHSW depots/events

• that do not

– environmental/community groups with an interest in MHSW issues

– IC&I small quantity generators of MHSW

– general public

43


• Minister directed “evaluation & analysis of all phases of the program to commence upon receipt of program request letter”

• Plan therefore encourages participation by– all stewards & stakeholders with interest in

Phase 1, Phase 2 & future phases

44

Key Elements of Draft Consultation Plan

• Information available – via WDO & Stewardship Ontario websites

• Notices distributed to database of– affected stewards, municipalities, stakeholders

• Press releases to national & industry media

• Three workshops/webcasts# 1 Introduction to MHSW Plan Development Process

(i.e., today’s workshop)

# 2 Baseline Data & MHSW Plan Options

# 3 Draft Preliminary Program Plan

45

Key Elements of Draft Consultation Plan

• Preparation of a consultation paper & backgrounder

• Record of consultation comments

• Posting of draft preliminary plan– comments to be submitted to WDO and/or

Stewardship Ontario

• Posting of final plan – following submission to Minister

46

In Addition

• Throughout implementation of consultation plan, information related to MHSW plan development also will be regularly reviewed by

– Stewardship Ontario Board & MHSW stewards directly involved with Stewardship Ontario in plan development

– WDO Executive Director & Board

– MOE staff & legal counsel

47

Stewardship OntarioGovernance Proposal

• Preliminary information provided today

• Comments in writing to WDO and/or Stewardship Ontario

– by end of business on January 15, 2007

• WDO Board will – review for approval on January 24, 2007

– submit to Minister on January 26, 2007

• Will be posted on WDO & Stewardship Ontario websites

48

Stewardship OntarioGovernance Proposal

• Short term - plan development– only representatives from affected industries

involved in MHSW plan development

• Longer term - Phase 1 implementation– Stewardship Ontario Board to include

representation encompassing 8 Phase 1 MHSW materials

– Minister will implement revised Stewardship Ontario governance by regulation upon approval MHSW plan

49

Stewardship Ontario Governance Proposal

• Stewardship Ontario Board established Governance Committee

• Members are – Diane Brisebois, RCC– Vaughn Crofford, CHHA – John Coyne, Unilever Canada– Sandra Banks, Coca Cola Bottling– Grant Caven, Canadian Tire– Jim Quick, CPPA – Marina Kovrig, Rechochem – Susan Antler, CHBA/RBRC

• First meeting scheduled for January 11, 2007– expected to produce a draft governance model

50

Stewardship Ontario Governance Proposal

• Goal – fairly represent interests of both BB & MHSW stewards

within one organization

• For purposes of preliminary consultation only– has been suggested this could be achieved by adopting a

bi-cameral governance structure that defines areas of• common interest

• material specific interest

• Note this not yet considered by Stewardship Ontario Governance Committee

– any consultation comments submitted will be provided to committee

51

Stewardship Ontario Bi-Cameral Governance

MHSW representation from- Paints & Coatings - Solvents- Oil Filters & Antifreeze- Propane Tanks- Garden Chemicals

BB representation from - Printed Media- Durable Goods- Consumer Products- Retailers & Distributors

Executive Committee

Stewardship Ontario Board

BB Committee MHSW Committee52

Plan Development

• Stewardship Ontario Board also established Program Committee

• Members are– 2 representatives from existing Stewardship Ontario

Board• Dennis Darby, P&G (Chair)

• Lyle Clarke, LCBO

– additional representatives from MHSW stewards• not yet identified

• First meeting scheduled for January 12, 2007– to receive presentations from organizations with interest

in designing & implementing program53

Key Dates

January 9Initiate plan development process & solicit comments on items to be submitted to Minister by January 26

January 15 Comments due on draft consultation plan & governance proposal

January 24 WDO Board will review plan & proposal for approval

January 26 WDO will submit Governance Proposal & Consultation Plan to Minister

January 26 onward Consultation on draft MHSW plan

May 31 Phase 1 MHSW program plan submitted for approval

54

Questions?

• Draft Consultation Plan

• Stewardship Ontario governance– short term - plan development

– longer term - Phase 1 implementation

• Process for submitting comments– to WDO & Stewardship Ontario by email or fax

– by January 15, 2007

55

Web site: www.wdo.ca

Email: [email protected]

Telephone: 416-226-5113

Fax: 416-226-1368

Contacting WDO

56

Documents

Introduction to Municipal Hazardous or Special Waste Plan Development Process