Permit to operate landfills

(1) No person shall construct, operate or manage a landfill or hazardous waste disposal facility without a permit from the (2) The deep well injection site/facility for the purpose of disposal of hazardous wastes shall be considered as a hazardous waste disposal facility. (3) No person shall construct, operate or manage an incinerator or co-generation facility that utilizes refuse derived fuel as its source of fuel without a permit from the Department. (4) The Department may issue a permit subject to conditions including a requirement for a performance bond or guarantee. 63 SCHEDULE ENVIRONMENTAL PROTECTION ACT Hazardous Substances [sections 2 and 17] PART I List of Hazardous Substances Subpart A 1. Organohalogen compounds. 2. Mercury and mercury compounds. 3. Cadmium and cadmium compounds. 4. Persistent plastics and other persistent synthetic materials. 5. Crude oil and its wastes, refined petroleum products, petroleum distillate residues and any mixtures containing any of those substances. 6. High-level radioactive wastes or other high-level radio active matter that may be prescribed. 7. Substances in whatever form, produced for biological and chemical warfare. Subpart B 1. Arsenic and its compounds. 64 Environmental Protection 2. Lead and its compounds. 3. Copper and its compounds. 4. Zinc and its compounds. 5. Organosilicon compounds. 6. Cyanides. 7. Fluorides. 8. Pesticides and their by-products not included in the List of Hazardous Substances in Part I, subpart A. 9. Beryllium and its compounds. 10. Chromium and its compounds. 11. Nickel and its compounds. 12. Vanadium and its compounds. 13. Containers and scrap metal. 14. Radioactive wastes or other radioactive matter not included in the List of Hazardous Substances in Part I, subpart A. 15. Substances that by reason of their bulk would interfere with fishing. 16. Substances that, though of a non-toxic nature, may become harmful due to the quantities in which they are dumped, or that are liable to seriously reduce amenities. Environmental Protection 65 PART II List of Factors 1. Characteristics and Composition of Substance (a) Total amount and average composition of substance dumped (e.g., per year). (b) Form (e.g., solid, sludge, liquid or gaseous). (c) Properties: physical (e.g., solubility and density), chemical and biochemical (e.g., oxygen demand and nutrients) and biological (e.g., presence of viruses, bacteria, yeasts and parasites). (d) Toxicity. (e) Persistence: physical, chemical and biological. (f) Accumulation and biotransformation in biological materials or sediments. (g) Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic environment with other dissolved organic and inorganic materials. (h) Probability of production of taints or other changes reducing marketability of resources (fish and shellfish). 2. Characteristics of Dumping Site and Method of Deposit (a) Location (e.g., coordinates of the dumping site, depth and distance from the coast) and location in relation to other areas (e.g., 66 Environmental Protection amenity areas, spawning, nursery and fishing areas and exploitable resources). (b) Rate of disposal per specific period (e.g., quantity per day, per week, per month). (c) Methods of packaging and containment, if any. (d) Initial dilution achieved by proposed method of release. (e) Dispersal characteristics (e.g., effects of currents, tides and winds on horizontal transport and vertical mixing). (f) Water characteristics (e.g., temperature, pH, salinity, stratification, oxygen indices of pollution - dissolved oxygen (DO), chemical oxygen demand (COD), biochemical oxygen demand (BOD) - nitrogen present in organic and mineral form including ammonia, suspended matter, other nutrients and productivity). (g) Bottom characteristics (e.g., topography, geochemical and geological characteristics and biological productivity). (h) Existence and effects of other dumpings that have been made in dumping site (e.g., heavy metal background reading and organic carbon content). (i) Whether an adequate scientific basis exists for assessing the consequence of dumping, as outlined in this List, taking into account seasonal variations. Environmental Protection 67 3. General Considerations and Conditions (a) Possible effects on amenities (e.g., presence of floating or stranded material, turbidity, objectional odour, discoloration and foaming). (b) Possible effects on marine life, fish and shellfish culture, fish stocks and fisheries, seaweed harvesting and culture. (c) Possible effects on other uses of the sea (e.g., impairment of water quality for industrial use, underwater corrosion of structures, interference with ship operations from floating substances, interference with fishing or navigation through deposit of waste or solid objects on the sea floor and protection of areas as of special importance for scientific or conservation purposes). (d) The practical availability of alternative land based methods of treatment, disposal or elimination, or of treatment to render the substance less harmful for dumping at sea.