How Ontario regulates Landfills
Ontario has implemented landfill-related laws and regulations to help protect our environment and our health. Here are the key points of that legislation.
Part V of the Environmental Protection Act
Landfill sites and other waste management activities are subject to Part V of the Environmental Protection Act (EPA) and the regulations made under the Act. The EPA is the overarching piece of legislation that provides the basic legislative framework for waste management in Ontario.
| EPA Legislation |
Relation to landfills |
| Section 27 of the EPA |
- Requires that a Certificates of Approval must be obtained from the Ministry of the Environment prior to using, operating, establishing, altering, enlarging or extending a waste management system or a waste disposal site
- To obtain approval for a new or expanding landfill site, a detailed assessment of the site must be carried out to identify any potential effects on the environment including groundwater, surface water, air and soil and to show how these potential effects can be satisfactorily addressed
- The Certificate of Approval:
- Defines the capacity of the landfill
- Defines the types of waste to be accepted
- Defines any necessary conditions for design and operation
- Describes how a site is to be closed
- Describes the measures to be taken following closure to ensure the site is properly maintained and monitored for the long-term protection of the environment
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| Regulation 347 (R.R.O. 1990 Regulation 347) |
- Provides definitions of waste
- Designates, classifies and exempts waste sites
- Establishes standards for waste disposal sites and waste management systems
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| Regulation 232/98 |
- Sets standards required for landfills’ design, operation, closure, post-closure care and financial assurance
- Standards apply to all new or expanding municipal (i.e.. non-hazardous) waste landfill sites larger than 40,000 cubic metres
- New standards became effective on August 1, 1998.
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| Regulation 217/08 |
- Requires mandatory landfill gas collection and use or flaring (thermal destruction) for all operating or proposed new or expanding landfills with total waste disposal capacities larger than 1.5 million cubic metres.
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Other Ontario Acts that affect landfill site management
| Act |
Relation to landfills |
| The Ontario Water Resources Act |
- Leachate Collection systems that discharges to surface water require approval under the Ontario Water Resources Act (OWRA)
- Provincial water quality objectives have been established by the Ministry of the Environment and any surface water discharges from a landfill site must meet these criteria
- For a landfill discharging to a sewer, the quality and quantity of the discharge is controlled by local sewer use bylaws, and the requirements or limitations of the receiving wastewater treatment plant
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| Environmental Assessment Act (EAA) |
- Many landfill proposals, particularly larger sites, may require approval under the Environmental Assessment Act (EAA)
- Under the EAA, a broader view of the environment is taken and issues beyond the effects on the natural environment must be addressed
- An Environmental Assessment is triggered by the proposed capacity of the landfill
- Once a landfill is subject to EAA approval, the decision to hold a public hearing and give approval for the undertaking rests with the Minister
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| Regulation 101/07 |
- Typically, sites smaller than 40,000 cubic metres are not subject to the requirements of the EAA. Sites that are larger than 40,000 cubic metres but are less than 100,000 cubic metres are subject to the EA Screening Process
- Sites larger than 100,000 cubic metres are subject to an Individual Environmental Assessment
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