Hazardous Waste Storage Requirements

HAZARDOUS WASTE STORAGE REQUIREMENTS

Here are the general requirements for storing hazardous waste in each jurisdiction’s main environmental law and regulations. (The chart doesn’t include storage requirements for specific kinds or amounts of hazardous waste, or for hazardous waste treatment, recycling and storage facilities. It also doesn’t include requirements for certain kinds of containers used to store hazardous waste, such as underground tanks.)

1. A person who stores hazardous waste must store it in an amount and in a manner so that:

a. it won’t cause an adverse effect;

b. any leakage is contained and prevented from entering into the remainder of the facility and places beyond, including sewers and the ground underneath the site;

c. at least secondary containment is provided for liquid hazardous waste and there are no openings in the secondary containment system that provide a direct connection to the area surrounding the system;

d. the hazardous waste is adequately labelled, stating the identity of the hazardous waste that’s being stored;

e. incompatible hazardous wastes are stored in such a manner that there won’t be contact between them, even in the event of a release; and

f. routine inspections of the site can be performed [Sec. 11(1)].

2. A person who stores hazardous waste must ensure that the hazardous waste is stored in a place that’s:

a. secure from entry by unauthorized persons;

b. equipped with suitable equipment to handle emergency situations;

c. provided with operators trained to respond to emergency situations specific to the hazardous waste stored; and

d. designed and maintained so that surface run-off water can’t enter the secondary containment system [Sec. 11(2)].

A person must not store more than a prescribed amount of a hazardous waste except in accordance with any of the following that apply:

a. the regulations in relation to storing hazardous waste;

b. an order that requires the person to store that kind of hazardous waste; and

c. an approved waste management plan that provides for storage of hazardous waste [Sec. 9(1)].

Hazardous Waste Regulation:

1. Any person who’s required to store hazardous waste in a container must use a container that’s designed, constructed or lined with materials that are compatible with the waste [Sec. 50(2)(b)].

2. A person who uses a container to store hazardous waste must:

a. keep the container closed at all material times during storage or transport;

b. not open, handle, store or transport the container in a manner which may cause it to leak or rupture; and

c. ensure that the outside of the container is clearly labeled with the shipping name of the hazardous waste it contains and, if the hazardous waste is a dangerous good, the class and UN number of that hazardous waste, both as set out in the federal dangerous goods regulations [Sec. 50(3)].

3. A person must not store in the same container:

a. two or more hazardous wastes which aren’t compatible; or

b. a hazardous waste which isn’t compatible with any substance placed in the container [Sec. 50(4)].

4. A person must not place hazardous waste in an unwashed container that previously held a material which is incompatible with that hazardous waste [Sec. 50(5)].

5. A person must not use a container which contains residues of hazardous waste to hold, store or transport food, animal feed or a product which may directly become part of the human food chain [Sec. 50(7)].

6. A person must not store hazardous waste unless it’s placed in a container or otherwise secured so that under normal conditions of storage the hazardous waste doesn’t leak or escape into the environment [Sec. 50(8)].

Unless authorized under this Part or regulations made pursuant to this

Part, a person who handles (which is defined to include stores) dangerous goods, waste dangerous goods or pesticides must do so in a manner that ensures that the dangerous goods, waste dangerous goods or pesticides don’t cause an adverse effect to the environment [Sec. 75].

Dangerous Goods Management Regulations:

1. No person shall store waste dangerous goods which that person didn’t produce without the prior written approval of the Minister or an Administrator [Sec. 6(1)].

2. No person shall dilute or adulterate waste dangerous goods without the prior written approval of the Minister or an Administrator [Sec. 6(2)].

3. Dangerous goods or waste dangerous goods must not be stored in any container where the materials used to construct the container and the dangerous goods or waste dangerous goods are incompatible materials [Sec. 7(1)].

4. Dangerous goods or waste dangerous goods or the containers in which these goods are stored must be legibly and indelibly labelled:

a. in accordance with the Transportation of Dangerous Goods Regulations (Canada);

b. in accordance with the Workplace Hazardous Materials Information System (WHMIS) Regulations;

c. in accordance with policies, standards and guidelines established or adopted by the Minister; or

d. if clauses (a), (b) or (c) don’t apply, in accordance with standards established or adopted by industry [Sec. 7(5)].

5. Dangerous goods or waste dangerous goods must not be exposed during storage to incompatible materials [Sec. 7(6)].

6. If incompatible materials are stored in a location where an opportunity for accidental or uncontrolled contact may occur, the incompatible materials must be segregated and separated by a barrier designed, constructed and maintained to prevent contact between the incompatible materials [Sec. 7(7)].

If a waste generation facility to which Sec. 17.1(1) applies stores subject waste, the operator and the owner of the facility must ensure that it’s operated in accordance with the following rules:

1. Subject waste must be stored, handled and maintained so as to prevent:

a. leaks or spills of the waste; or

b. damage to or deterioration of the container in which the waste is stored [Sec. 17.2(1)].

2. Secs. 17.2(2)-(8) cover notice and recordkeeping requirements when storing subject waste.

1. Every building used to store residual hazardous materials must be built in such a way as to protect what’s stored from any alteration caused by water, snow, frost or heat. the floor must be impermeable, not liable to be attacked by the stored material and able to support that material. in addition, the layout of the storage area must be such that leakage or spillage can be contained [Sec. 33].

2. Every shelter under which residual hazardous materials are stored must have at least three sides, a roof and a floor. the floor must be impermeable, not liable to be attacked by the stored material and able to support that material. the floor must rise on each side to form an impermeable basin able to hold the greater of the following volumes: 25% of the total capacity of all the receptacles stored therein and 125% of the capacity of the largest receptacle [Sec. 34].

3. Every drain situated in a place where residual hazardous materials are stored must be:

a. tightly blocked off at all times to prevent the discharge of materials; or

b. connected to a system which, as the case may be, will ensure the discharge of materials into a system able to ensure their recovery. in the case of liquid materials, the system must be able to hold the greater of the following volumes: 25% of the total capacity of all the stored vessels and 125% of the capacity of the largest vessel notwithstanding the above, this section doesn’t apply where vessels are placed in a basin able to hold the greater of the following volumes: 25% of the total capacity of all the vessels and 125% of the capacity of the largest vessel [Sec. 35].

4. Every storage site, including a storage area, must be laid out and maintained in such a way as to be accessible to emergency crews at all times [Sec. 36].

5. Movable and immovable property designated for storage must be kept in good condition, as shall works and equipment used in the protection of such property [Sec. 37].

6. An operator must inspect the storage facilities at least once every three months to ensure that they’re in good condition and in good working order [Sec. 39].

7. Residual hazardous materials must be stored in vessels (with certain designated exceptions) [Sec. 40].

8. Residual hazardous materials must be stored in such a way as to prevent any situation liable to provoke, because of their incompatibility, hazardous physical or chemical reactions. Accordingly, receptacles of incompatible materials must be stored in separate storage areas or in separate cargo containers [Sec. 41].

9. No person shall store a residual hazardous material in a vessel previously used to store an incompatible hazardous material if the vessel hasn’t been washed out beforehand [Sec. 43].

10. No residual hazardous material receptacle shall be stored outside a building unless it’s stored in a cargo container or under a shelter or it’s a contaminated empty receptacle or gas cylinder stored in an area laid out to contain leakage and spillage [Sec. 44].

11. Every vessel containing residual hazardous materials must be closed, be impermeable where used outdoors and be sturdy, in good condition and designed to retain its contents; it must be made of material that can’t be altered by the material stored therein. Notwithstanding the foregoing, to prevent any accident risk, receptacles may be equipped with a safety valve and cargo containers, tanks and cargo tanks may be equipped with vents [Sec. 45].

12. Receptacles, cargo containers, tanks and cargo tanks containing bulk materials must bear a tag, in a visible place, indicating the name of the hazardous materials that are stored therein. A tag placed on any receptacle must bear the date on which storage began. A sign indicating the name of the material that’s stored therein must be posted in proximity to an underground tank. A building where bulk materials are stored must have a sign at the entrance indicating the name of the materials [Sec. 46].

1. No person shall store a hazardous substance or a waste dangerous good in a container or a stockpile unless the container or stockpile is:

a. situated in an impermeable area that’s constructed and maintained in a condition to prevent any release of a hazardous substance or waste dangerous good from:

i. entering any storm or sanitary sewage system or water supply; and

ii. contaminating any other area;

b. surrounded by a fence or other enclosure that’s posted with at least one sign adequate to give reasonable notice to persons of the storage of a hazardous substance or waste dangerous good inside the fence or enclosure and containing a telephone number to be used in an emergency at the storage facility;

c. subject to Sec. 16(6), clearly marked or labelled as required by the Transportation of Dangerous Goods Act (Canada) or in any other manner that clearly and concisely identifies the contents of the container or stockpile;

d. kept in segregated storage in accordance with sentences 3.3.6.6(1) and 3.3.6.6(2) of the 1990 National Fire Code of Canada as that code exists at the coming into force of this clause;

e. subject Sec. 16(5), stored apart from human food and ingredients or animal feed and ingredients by means of:

i. a separate warehouse or yard; or

ii. a physical barrier from floor to ceiling and separate containment system; and

f. situated apart from a permanent or temporary human residence, or from a building or other facility employed for the rearing or keeping of animals [Sec. 16(1)].

2. No person shall store a hazardous substance or waste dangerous good in a container that’s buried either fully or partially beneath the ground [Sec. 16(7)].