The Minister of the Environment recently released a solid waste - resource management strategy for Nova Scotia. The purpose of the strategy is to ensure that the 50% solid waste diversion goal for the year 2000, as set out in s. 93 of the Nova Scotia Environment Act, is met. At the same time, draft regulations intended to provide the regulatory basis for implementation of the strategy were released for comment. The Department of the Environment has requested comments on or before December 15, 1995. The regulations are due to come into force in January, 1996.
The first step under the action plan for the implementation of the strategy is the passage and proclamation of the solid waste resource management regulations discussed below. Beyond this, the Department of the Environment is proposing the implementation of a resource recovery fund, stewardship programs and industry agreements, most of which are to be put in place by the Spring of 1996. Internal government waste reduction programs are expected to be implemented during the same time period.
The strategy provides for disposal bans for a variety of substances to come into effect between April 1996 and April 1998. In 1996, the disposal ban will apply to all types of beverage containers, corrugated cardboard, newsprint, scrap tires, lead acid batteries, leaf and yard waste.
In 1997, waste paint, automotive antifreeze, as well as compostible organic material are added to the list. Finally, in April 1998, the disposal ban will also apply to steel and tin food containers, glass food containers, and low density polyethylene plastic bags as well as high density polyethylene plastic.
According to the strategy, the Province of Nova Scotia will be divided into seven solid waste resource management regions with one or more counties making up each region. In an effort to reduce the cost of waste disposal and limit to the extent possible the cost of waste diversion, each of these seven regions, will have to develop a coordinated waste disposal and diversion system. To that end, it is expected that each region will establish a regional waste disposal site.
Education and awareness programs will be implemented on the regional level. Each region is expected to develop a long term regional plan with the Department of the Environment on how to achieve 50% diversion and sound environmental practices at regional disposal facilities.
These regulations have been released in draft form and consist of three divisions.
Division I is divided into four parts. Part I of the regulations provides for the continuation of the resource recovery fund, initially established under the Recycling Act. Funding is expected through deposit refund systems on beverage containers and donations from governments as well as private individuals and corporations. Under s.10 of the Regulations, the Resource Recovery Fund Board, established to administer the fund, is required to file an annual report reviewing the activities of the Board, progress made towards reaching the 50% solid waste diversion target, and financial statements.
Part II of the Regulations focuses on industry. Section 13 regulates the sale, manufacturing, distribution, etc. of all beverage containers. AU beverage containers must either be refillable or recyclable and will be subject to a deposit refund system under these Regulations. For non-refillable containers the minimum refund is one half of the minimum deposit. For refillable containers they are the same. In other words, the expectation is that the refund for refillable containers will be the same as the deposit. For non-refillable, recyclable containers, only one half of the deposit will be refunded. Other packaging is addressed to some extent through the litter abatement provisions under Part III. There are, however, no equivalent provisions requiring the use of refillable or recyclable packaging. There is no deposit or refund system for packaging other than beverage containers.
Part III of the Regulations sets out the Etter abatement program. In addition to a general prohibition against littering, a number of sources of litter are addressed specifically. These include litter at commercial outlets, construction sites, convenience stores, fast food and vending outlets, public and private events, and flyers and advertisements posted in public places. The owner, operator or manager of such a business or premise is responsible for ensuring that litter which originates from that business or premise is properly disposed of.
Part IV of the Regulations applies to composing other than backyard composting. Any composting facility which can process more than 60 cubic metres of compost requires an approval from the Minister. Issues, such as odour control, runoff, management, moisture control, and programs for unauthorized materials are to be addressed in the approval process for these facilities.
This division of the Regulations sets out the approval process for waste disposal facilities. The open burning of solid waste is prohibited after April 1, 1996. Section 34 of the Regulations does, however, allow for incineration of municipal solid waste, if approved by the Minister.
Division III of the Regulations establishes the seven regions and requires the municipalities in each region to submit a regional solid waste resource management plan. The municipalities are then responsible for the implementation of that plan within the region. This will require cooperation amongst the municipal governments which make up the respective regions. The solid waste management plans must identify the roles and responsibilities of each municipality. A more detailed outline of the requirements for the management plan can be found in s. 41 of the Regulations.
Schedule A of the Regulations provides for minimum deposits and refunds for beverage containers. Schedule B confirms the disposal ban schedule set out in the strategy. Finally, Schedule C of the Regulations provides certain stack discharge limits for incinerators. Limits are set for particulate matter, hydrogen chloride, carbon monoxide, and dioxins.
The information contained in this Client Update is intended for general information only. If you have any questions regarding these matters or would like a copy of the draft Regulations and the Waste - Resource Management Strategy, please contact any of the members of the Environmental Group.
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