Streamlining requirements for waste disposal site service area and fill rate changes

Ontario is proposing changes to requirements for waste disposal sites. These changes would support more efficient use of existing waste disposal capacity and provide communities with more options to meet their waste disposal needs while maintaining strong environmental protection.

The proposal would allow operators more flexibility to change the area where the waste comes from (the service area) and to change the rate at which they can accept it (the fill rate). The proposal reduces red tape while providing solutions for municipalities in Ontario with waste capacity needs, all while maintaining strong environmental protection.

The proposal would also remove the requirement to complete the Environmental Screening Process (ESP) under the Environmental Assessment Act (EAA) and would exempt applications for Environmental Compliance Approval (ECA) amendments for these changes from the requirement to post on the Environmental Registry of Ontario (ERO). It would also remove related appeal rights under the Environmental Bill of Rights, 1993 (EBR). Environmental protections would continue to apply through the ECA requirements.

Background

Currently, service area and fill rate changes for waste disposal sites have requirements under 2 separate statutes:

• completion of the ESP under the EAA
• an ECA amendment under the Environmental Protection Act (EPA)

Fill rate changes apply only to landfills and dumps, and do not apply to thermal treatment sites.

The ESP is an environmental planning and consultation process. It requires proponents to:

• identify and assess potential environmental effects
• determine mitigation measures to address those effects before proceeding
• engage Indigenous communities, municipalities and interested persons

The service area and fill rate of a waste disposal site are generally established through the environmental assessment (EA) process, and proponents are required to carry out the waste project in accordance with the EA documentation. Subsequently, expanding the service area or increasing the fill rate requires completion of the ESP.

An ECA sets conditions for the use, operation, establishment, alteration, enlargement or extension of waste disposal sites. It, among other things:

• defines where waste can be received from (the service area)
• can set the fill rate
• requires monitoring, reporting, and operational controls to manage environmental risk

Since ECAs define the service area for a waste disposal site, most changes to service areas require an ECA amendment, with limited exceptions under section 5.2 of Regulation 347 (General – Waste Management). All changes to the fill rate require an ECA amendment.

Proposed change

Ontario is proposing to remove the requirement to complete the ESP for service area and fill rate changes.

Instead, where an ECA defines the service area and fill rate for a waste disposal site, changes would require an ECA amendment, and the ministry would review these changes through the ECA application process. Ontario is proposing to exempt applications for ECA amendments for these changes from the requirement to post on the ERO and related appeal rights under the EBR. Environmental review, notification to adjacent landowners and potentially impacted Indigenous communities, and environmental protection would continue to apply through the ECA application process.

Rationale for change

The current framework requires proponents to complete 2 processes to assess the same operational changes for service areas and fill rates. This requirement is in addition to any other applicable environmental assessment requirements for when the site was first established or expanded. Typically, changes to the service area or fill rate have limited or no environmental impacts.

This proposal would simplify requirements by relying on the ECA process. This approach would provide greater flexibility and support more efficient use of existing waste capacity, while maintaining oversight.

Details of the change

Ontario proposes the following regulatory amendments:

• O. Reg. 50/24 (Part II.3 Projects – Designations and Exemptions - Environmental Assessment Act)

Remove the designations for service area changes at waste disposal sites and for fill rate changes at landfilling sites and dumps.

• O. Reg. 51/24 (Exemptions - Environmental Assessment Act)

Exempt waste disposal sites from EA-approved service area limits and fill rate limits.

• O. Reg. 73/94 (General - Environmental Bill of Rights)

Exempt proposals for ECA amendments for service area and fill rate changes from section 22 of the Environmental Bill of Rights, 1993. This would mean that ECA amendment proposals for service area and fill rate changes would not be required to be posted on the ERO, and would remove third-party rights to seek leave to appeal ECA decisions for these amendments.

Resulting Framework

Under the proposed approach, proponents would manage service area and fill rate changes through the ECA process. In practice, the following steps would be undertaken:

• Proponents would apply to amend their ECA
• The ministry would assess the proposed changes through the review of the application to amend the site’s ECA
• Proponents would notify nearby landowners, potentially impacted Indigenous communities, and members of a Community Liaison Committee (if one exists)
• The ministry would notify relevant municipalities, seek their input and undertake broader notification where needed
• The ministry would consider any input from landowners, Indigenous communities and municipalities
• The ministry may also require additional notification to fulfill any Duty to Consult obligations

Expected outcomes of the proposed changes

The proposal would:

• simplify and increase process efficiencies
• improve flexibility to manage provincial waste disposal capacity
• support more efficient use of existing infrastructure and strengthen system resilience
• maintain environmental protection, Indigenous consultation, and local notification through ECA requirements

Public consultation opportunities

This proposal is posted for a 45-day public comment period. The ministry will consider all comments before making a decision.

Regulatory impact assessment

The proposal would:

• reduce time and costs for waste disposal site operators
• allow operators to adjust service areas and fill rates more efficiently, thereby supporting better use of existing waste disposal capacity
• not introduce new compliance costs or ECA requirements

Through this posting, the ministry is seeking input on potential cost, operational, and social, economic, or environmental impacts.