Results Based Regulation Implications for Municipal Solid Waste Management

1. Results Based RegulationImplications for Municipal Solid Waste Management Presented By: Blake E. Nesbitt Saskatchewan Ministry of Environment SUMA Convention - January 31, 2010

2. Today’s Topics • Overview of Current Regulatory Model • Description of Results Based Regulatory Model • Key Elements • An Example Application of RBR

3. The Prescriptive Approach Enabling (umbrella) legislation – The Environmental Management & Protection Act (EMPA 2002) Under the umbrella are various regulations which attempt to address environmental concerns associated with specific media or receptors Examples: Water – The Water Regulations, 2002 (amended 2007) Air – The Clean Air Act 1989 (last amended 2003) Land – The Municipal Refuse Management Regulations (1986)

4. Prescriptive Regulation - Benefits • Provides clarity in what is necessary for compliance with the law • Does a particular activity require a permit? • What contaminants (pollutants) are regulated? • What level of contaminant discharge is acceptable? • What reporting requirements are there? • Usually provides a consistent set of goals specific to the target environmental media • Ambient air quality criteria, Drinking water standards, etcetera

5. Limitations • Prescriptive regulation requires considerable expenditure of resources up front to ensure that the regulation: • Can be effectively applied (ie. it is legally & operationally enforceable) • Is comprehensive – does it address the foreseeable circumstances that require regulation? • Is supported by sufficient scientific data to allow the development of compound specific standards which are protective of human health and the environment? • Usually does not readily allow for the use of innovative or new technologies • Regulations are written to deal with today’s issues – typically unable to accommodate changes in society or improvements in scientific knowledge.

6. Results Based Regulation What is it? How will it work?

7. RBR in a Nutshell • The Ministry will identify waste management activities which have the potential to harm human health or the environment • For each activity the Ministry will establish a set of Objectives that must be met in order to reduce the potential harm to acceptable levels • Each activity will require the creation of an Environmental Protection Plan • Each activity will have its own Code of Practice which can be used as a template or guideline for achieving compliance with the regulatory objectives

8. RBR Flow Chart(proposed) Municipality identifies the need to create more landfill space Municipality retains the services of Qualified Person (s) Results Base Objectives Qualified Person will assess Design Options Code of Practice Qualified Person will prepare Environmental Protection Plan (s) Plans submitted to MOE for Review & Acceptance

9. Qualified Person Civil Engineer Preparation of design specifications for earthen works, roads, utilities Geologist Analysis of native soil & rock, slope stability assessment Hydrogeologist Characterization of ground water – flow modeling (direction, rate & volume), presence of aquifers, quality of water Hydrologist Analysis of surface water (flow paths, quantity, quality, seasonal variability) Terrestrial Biologist Assessment of native flora & fauna which may be impacted by landfill

10. RBR Flow Chart(proposed) Municipality identifies the need to create more landfill space Municipality retains the services of Qualified Person (s) Results Base Objectives Qualified Person will assess Design Options Code of Practice Qualified Person will prepare Environmental Protection Plan (s) Plans submitted to MOE for Review & Acceptance 10

11. Gas Vents Engineered Landfill – Typical Cross Section Compacted Final Cap Top Soil Cover Compacted Base Liner Sand Base Layer Leachate Collection Network (embedded in granular fill) FML (flexible membrane liner)

12. Contaminant Egress Pathways precipitation Completed landfill Ditch/creek Native Soils; k ≈ 10-7 cm/sec. Aquitard Thickness Bedrock Potable water supply well Regional aquifer Typical Permeabilities K = 10-7 cm/sec ≡ 3.2 centimeters/year (clay) K = 10-5 cm/sec ≡ 3.15 meters/year (clay loam – topsoil) K = 10-3 cm/sec ≡ 32 kilometers/year (gravel aquifer) Ground water flow path “Toe” discharge

13. RBR – The Good News • Under the Results Based Regulation initiative, the Ministry focuses on prescribing the OBJECTIVES that must be met to protect the environment over both the short & long term • The proponent selects the HOW • For landfills (and most other waste management activities), the basic design can be altered based on: • Site geology & hydrogeology • Types of waste received • Risk assessment

14. The current prescriptive regulations are: Specific to media of concern (air, water, land) or Specific to activity (ie. waste disposal grounds) Inflexible Not all inclusive TheResults Based Regulatory Model will: Encourage the use of innovative, timely & cost effective environmental solutions Afford the proponent a high degree of flexibility in achieving compliance Summary

15. Thank You Any Questions???

16. Municipal Waste Landfill Under a prescriptive regulatory model, the Ministry creates rules governing every aspect of the life of the landfill including: • Site selection • Landfill Design • Waste Acceptance Criterion & Practices • Operating Procedures • Monitoring Programs (air, surface water, ground water, biota) • Closure Plans & Protocols • Post-Closure Maintenance & Monitoring Programs • Site Restoration or Ultimate Closure • Financial Assurance

17. Results Based Objectives-An Example- The results based objective for the siting, design, construction, operation and closure of a landfill must ensure (over its contaminating lifespan) that it does not: Create adverse effects which might endanger flora, fauna and other wildlife in accordance with both the Wildlife Habitat Protection Act (1983) and the Fisheries Act (1994), and Cause discharges or other releases to the environment beyond the site’s compliance boundary in quantities or at concentrations which could result in an exceedence of established criteria for both health & non-health related parameters that may be applied to drinking water (applies to both ground water and surface water resources)