Waste Discharge Authorization
Application
- British Columbia
WG6 Application Process WG
Document Review
presented by Helga Harlander October x, 2008
1
Documents Reviewed
•
‘Waste Discharge Authorization Application Process – Flowchart
•
‘Guidance on Applications for Authorizations under the Environmental
Management Act – Completing an Application Form’ Information to assist in
completing an application form for a permit, significant permit amendment or
approval to discharge waste.
•
‘Guidance on Applications for Authorizations under the Environmental
Management Act – Consultation’ Recommended activities for the applicant
to take prior to submitting an application for a permit, significant amendment
or an approval.
•
‘Guidance on Applications for Authorizations under the Environmental
Management Act – Technical Assessment’ Recommended content of a
technical assessment report for submission by the applicant as part of the
application for a permit or a significant amendment.
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Process Overview
The Waste Discharge Authorization Application progresses through
five distinct phases (stages), with responsibilities for activities within
each phase assigned to the applicant and/or the British Columbia
Ministry of the Environment.
Stage 1.
Stage 2.
Stage 3.
Stage 4.
Stage 5.
Pre-Application
Preparation of Application
Application
Ministry Review
Decision
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Stage 1. Pre-Application
A.
Review of authorization process
incl. review of legislation, guidance docs etc.
responsibility of the applicant
B.
Preparation of draft application documents
incl. application form, TOR for technical assessment, consultation plan,
draft Environmental Protection notice
responsibility of the applicant
C.
Pre-application meeting
incl. review of scope and detail of application, determine further
requirements
responsibility of ministry staff & applicant
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Stage 2. Preparation of Application
A.
Preparation of application & Consultation
incl. draft application, draft technical assessment, posting of
Environmental Protection notice, public notification & engagement
responsibility of the applicant
B.
Finalization of application
incl. preparation of consultation report, final application & final technical
assessment
responsibility of the applicant
Stage 3. Application
A.
Submission of application
incl. submission of complete application & applicable fees
responsibility of the applicant
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Stage 4. Ministry Review
A.
Review of application
responsibility of ministry staff
B.
Review of draft recommendations
responsibility of the applicant
Stage 5. Decision
A.
Decision on application
responsibility of ministry staff & director
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Guidance on Applications for Authorizations under the Environmental Management Act -
Completing an Application Form
The guidance document is designed to help an applicant:
•
determine which parts of an application have to be completed for a specific
development, by providing direction in the overview for each part
•
obtain required application forms, by providing links to electronic versions of the
forms,
•
correctly complete the application forms, by clearly stating information
requirements for each part/section,
•
obtain relevant MOE guidance documents, by providing links to electronic
versions of the documents,
•
locate relevant environmental data available to the public (federal & provincial
government sources) by providing links to the appropriate websites,
•
locate other relevant documents (statutory instruments, codes of practice,
guidelines etc.) by providing links to electronic versions of the documents.
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Guidance on Applications for Authorizations under the Environmental Management Act -
Completing an Application Form
continued
Detailed information requirements are laid out for the following:
•
•
•
•
•
•
•
•
Part 1 Applicant Details
Part 2 (a) and (b) Environmental Protection Notices Part 3 Discharge Details
(applicants who are required to submit a technical assessment –Part 7- must
include this information as part of the technical assessment)
Part 4 Receiving Environment (applicants who are required to submit a technical
assessment –Part 7- must include this information as part of the technical
assessment)
Part 5 (a) Site Plan and (b) Location Map
Part 6 Consultation
Part 7 Technical Assessment (requirement for a technical assessment is
determined by MOE staff prior to, or at the pre-application meeting; scope
determined at pre-application meeting, MOE to review detailed TOR prior to
preparation of document)
Part 8 Application Fee
Part 9 Agent Authorization
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Guidance on Applications for Authorizations under the Environmental Management Act -
Consultation
The guidance document is designed to help an applicant:
•
understand the purpose of the consultation process, by providing an overview of
the required engagement activities and their objectives
•
determine responsibilities in the consultation (engagement) process, by providing
a link to applicable regulation
•
understand Section 35 consultation responsibilities of government, by providing a
link to a policy document, as well a brief discussion of recent court decisions
•
obtain templates/forms, by providing links to electronic versions of the docs,
•
choose and complete the appropriate Environmental Protection Notice [EPN], by
providing detailed instructions
•
correctly publish the EPN, by providing detailed publishing specifications
•
be aware of the MOE’s expectation to respond to all concerns raised in the
engagement process, by clearly stating this expectation,
•
prepare a consultation report to be submitted as part of an application, by
specifying what information is expected to be included.
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Guidance on Applications for Authorizations under the Environmental Management Act –
Consultation
continued
Requirements and resources:
•
Referrals (regional agency contact lists & referral letter template, inform First
Nations of project details and impacts)
•
Notification (environmental protection notice form & detailed information
requirements, publication requirement in local paper & BC Gazette, incl. publishing
specifications, distribution to local government, referral agencies, property owner,
Fist Nations, other stakeholders)
•
Response to concerns (requirement for response to comments received, incl. use of
qualified professionals, potential requirement to meet with person(s) adversely
affected by proposed discharge, expectation to make reasonable effort to resolve
concerns)
•
Consultation report (submission of consultation report as part of an application must incl. referral list, response letters, dates of posting, publishing and distributing
notices, copies of notices and tear sheets, comments received & efforts made to
resolve concerns)
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Guidance on Applications for Authorizations under the Environmental Management Act –
Technical Assessment
The guidance document is designed to help an applicant:
•
prepare a technical assessment report, by providing a template and specifying
detailed information requirements for each section of the report,
•
locate relevant regulations , by providing links to electronic versions of the
documents,
•
locate guidance specific to contingency planning (BC, CSA, Industry) and risk
assessment (BC, USEPA), by providing links to electronic versions of the
documents,
•
locate relevant MOE documents specific to monitoring (sampling/testing
manuals), by providing links to electronic versions of the documents.
•
determine who is deemed qualified to assist in preparing a technical assessment
as a ‘qualified professional’ in BC, by providing a definition of the term.
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Guidance on Applications for Authorizations under the Environmental Management Act –
Technical Assessment
continued
Suggested structure/content of technical assessment report:
• executive summary
• table of contents
• introduction (incl. background, company overview, property description,
facilities layout)
• project description (incl. project history, overview, proposed phases,
operational system, management systems)
• discharges and treatment (incl. methods, tracking of inputs, pollution control
methods & cost)
• receiving environment (incl. geophysical information, ecosystem,
meteorology)
• assessment (incl. overall risk, comparison of proposed discharge quality to
existing criteria/guidelines/industry practices, modeling, cumulative impacts,
potential impacts etc.)
• proposed monitoring (sampling program, analytical methods, QA/QC,
environmental effects monitoring etc.)
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Review
(as per template)
Relevant information was found for the following sections:
c) Amendments
A significant amendment of a Waste Discharge Authorization follows the same
process as that for a new application. Minor amendments are processed by MOE
staff and approved by the director.
g) Review of Applications, Plans & Distribution
Determination of completeness – addressed under k)
MOE staff identifies appropriate agencies, which need to be consulted with (referral
agencies), during the pre-application meeting with the applicant. The applicant is
expected to carry out this ‘consultation’, except for aspects dealing with the
government’s responsibility to avoid unjustifiable infringements of aboriginal and
treaty rights. The MOE does provide the applicant with a referral letter template, and
contact information for referral agencies.
The applicant is required to post an Environmental Protection Notice (forms provided
by MOE) on site, publish the notice in a local newspaper, forward the notice to the
municipality and/or regional district, the property owner, first nations, and other
stakeholders. The application must also be published in the British Columbia Gazette
Part I. Details re notification requirements are specified in the ‘Public Notification
Regulation.’ (continued)
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Review
continued
The comment period on the Environmental Protection Notice is 30 days.
The MOE requires submission of a contingency plan, as part of the Technical
Assessment report. Applicants are referred to available guidance, namely ‘Guidelines
for Industry Emergency Response Plans’ - BC MOE, ‘Can/CSA-Z731-M91
Emergency Planning for Industry’ - Canadian Standards Association, and ‘Spill
Reporting Regulation’ – BC Reg. 263/90.
h) Land Use Plans Conformity
Not addressed as such in documents reviewed. The MOE does however instruct the
applicant to ‘give consideration to local planning processes’, as part of their guidance
to describe the receiving environment.
k) Deeming Applications Complete
The applicant is expected to complete all applicable sections of the application form,
as per the instructions in guidance documents. ‘Completing an Application Form,
Consultation, Technical Assessment.’ (slides 8/10/12)
l) Legislation Interpretation & Application
In the documents reviewed, legislation is cited for the following purposes
- to establish the authority under which a guidance document has been developed,
- to provide context for specific requirements laid out in the guidance document,
- to direct the applicant to a source with more detailed information, e.g. schedules
specific to waste types etc.
- to direct the applicant to other relevant legislation
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Review
continued
s) Water Use Fee Calculation
Waste discharge fees are calculated as per the Environmental Management Act
Permit Fees Regulation, schedules A and C. The ‘approval fee’ (not to be confused
with the standard application fee of $200 for all applications) is comprised of two
components, a base fee (currently $100) plus a contaminant fee, a variable fee based
on the quantity and quality of the discharge.
u) Water Licence Process
The documents reviewed are relevant to the deposit of waste. The application process
for a waste discharge authorization consists of the five stages described in the
document ‘Waste Discharge Authorization Application Process – Flowchart’, reviewed
on slides 3 through 6.
(A water licence in BC authorizes the use of water, but does not cover the deposit of
waste.)
w) Water Licence Amendment/Modification Request
A significant amendment of a Waste Discharge Authorization follows the same
process as that for new application. Minor amendments are processed by MOE staff
and approved by the director.
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