CA133_92Enacted

Storage of Recyclable Material Regulation - 133/92

Jurisdiction:: Canada
Type:: Other
Last action:: Apr 9, 1992

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Next steps for producers

Confirm your obligations under this measure and track its implementing rules

Obligations under this law

·Store recyclable material only in the manner specified in Schedule 1, Column 3 (drywall/gypsum products must be enclosed to protect from precipitation and ground moisture)
·Do not store recyclable material at any place of storage in a quantity exceeding the maximum quantity in Schedule 1, Column 4 (maximum 1,000 tonnes for drywall/gypsum products)
·Do not store recyclable material for a period exceeding the allowable storage period in Schedule 1, Column 5 (maximum 6 months for drywall/gypsum products, measured from date of delivery)

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Regulation establishes storage, handling, and time-limit requirements for recyclable materials to prevent environmental contamination and ensure proper management; operationally supportive of recycling infrastructure but not a demand-side policy instrument (EPR, content mandate, deposit scheme, or repair).

Covered Products

·Drywall, gyproc, gypsum plaster, plasterboard, wallboard, or any similar product containing gypsum, and the residue thereof, that has been discarded, is not generally usable as building material in its existing form, or has been sold, delivered or converted for recycling purposes

Producer Obligations

·Store recyclable material only in the manner specified in Schedule 1, Column 3 (drywall/gypsum products must be enclosed to protect from precipitation and ground moisture)
·Do not store recyclable material at any place of storage in a quantity exceeding the maximum quantity in Schedule 1, Column 4 (maximum 1,000 tonnes for drywall/gypsum products)
·Do not store recyclable material for a period exceeding the allowable storage period in Schedule 1, Column 5 (maximum 6 months for drywall/gypsum products, measured from date of delivery)
·Comply with any reduced maximum quantity limit substituted by a director where the director determines it is in the public interest
·For material already at a place of storage on the regulation's effective date (April 9, 1992), treat the effective date as the deemed date of delivery for calculating the allowable storage period
·For substances added to Schedule 1 after the regulation comes into force, treat the date of addition to Schedule 1 as the deemed date of delivery for calculating the allowable storage period

Exemptions

·Regulation does not apply to recyclable material stored in quantities less than the minimum quantity in Schedule 1, Column 2 (less than 1 tonne for drywall/gypsum products)

Key Deadlines

Apr 9, 1992compliance: Regulation comes into force; existing stored material deemed delivered on this date for storage period calculation purposes

Enforcement

Director under the Environmental Management Act (British Columbia): Contravention of storage manner requirements (s.4(1)), maximum quantity requirements (s.4(2)), or maximum storage period requirements (s.5(1)) constitutes an offence liable to a penalty not exceeding $200,000

Preemption Notes

This is a British Columbia provincial regulation under the Environmental Management Act; no preemption provisions noted. Applies within BC jurisdiction only.

Compliance Dimensions

PenaltiesUp to 200000 CAD per violation

“A person who contravenes section 4 (1) or (2) or 5 (1) commits an offence and is liable to a penalty not exceeding $200 000.”

Bans & RestrictionsStorage of gypsum-containing recyclable material in non-enclosed conditions (not protected from precipitation and ground moisture) (Material Restriction), 1992; Storage of gypsum-containing recyclable material exceeding 1,000 tonnes at any one place of storage (Material Restriction), 1992; Storage of gypsum-containing recyclable material for more than 6 months from date of delivery (Material Restriction), 1992

“No person shall store recyclable material except in the manner set out in Column 3 of Schedule 1 opposite the recyclable material. No person shall store recyclable material at any place of storage in a quantity that exceeds the maximum quantity set out in Column 4 of Schedule 1 opposite the recyclable material. No person shall, after the date of delivery of recyclable material to its place of storage, store the recyclable material for a period of time that exceeds the allowable storage period in Column 5 of Schedule 1 opposite the recyclable material.”

Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.

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Full bill text

133/92
O.C. 559/92
April 9, 1992
Environmental Management Act
Storage of Recyclable Material Regulation
[includes amendments up to B.C. Reg. 321/2004]

Interpretation
1
In this regulation:

recyclable material means a substance in Column 1 of Schedule
1;

store and storage mean to keep on land or water,
whether or not open to the air, covered or in a structure or container.

Designation of waste
2
For the purpose of this regulation, a substance in Column 1 of Schedule 1 is
designated a waste.

Application
3
This regulation does not apply to recyclable material that is stored in quantities
less than the quantity set out in Column 2 of Schedule 1 opposite the recyclable
material.

Storage of recyclable materials
4

1
No person shall store recyclable material except in the manner set out in Column 3
of Schedule
1 opposite the recyclable material.

2
No person shall store recyclable material at any place of storage in a quantity
that exceeds the maximum quantity set out in Column 4 of Schedule 1 opposite the recyclable
material.

3
Notwithstanding subsection (2), where a director is satisfied that it is
in the public interest, the director may, for the purpose of subsection (2), substitute a limit
respecting the maximum quantity of recyclable material which may be stored that is less
than the quantity set out in Column 4 of Schedule 1.

[am. B.C. Reg. 321/2004, s. 29.]

Period of storage
5

1
No person shall, after the date of delivery of recyclable material to its place of
storage, store the recyclable material for a period of time that exceeds the allowable
storage period in Column 5 of Schedule 1 opposite the recyclable material.

2
Notwithstanding subsection (1), where a director is satisfied that it is
in the public interest, the director may, for the purpose of subsection (1), extend the
allowable period of storage not more than an additional 6 months.

3
If recyclable material is already at a place of storage on the day this regulation
comes into force, the date of delivery for the purpose of subsection (1) is deemed to be the
day this regulation comes into force.

4
If a substance already at a place of storage is added to Schedule 1
after this regulation comes into force, the date of delivery of that substance for the
purpose of subsection (1) is deemed to be the day the substance is added to Schedule
1.

[am. B.C. Reg. 321/2004, s. 29.]

Offence
6
A person who contravenes section 4 (1) or (2) or 5 (1) commits an offence and is liable to a
penalty not exceeding $200 000.

Schedule 1

Item

Column 1 Recyclable Material

Column 2 Minimum Quantity

Column 3 Manner of Storage

Column4 Maximum Quantity

Column 5 Maximum Period of Storage

Drywall, gyproc, gypsum plaster, plasterboard, wallboard or any similar
product containing gypsum, and the residue of them, that (a) has been
discarded, (b) is not generally usable as building material in its
existing form, or (c) has been sold, delivered or converted for recycling
purposes, whether or not it has been subsequently collected or stored for
another purpose.

1 tonne

Enclosed to protect it from precipitation and ground
moisture

1 000 tonnes

6 months

Full text as ingested. Verify against the official source above.