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Waste Diversion Regulations
under the
Environmental Protection Act
(O.C. 2005-402)

(Filed July 12, 2005)

Under the authority of subsection 111(1) of the Environmental Protection Act , the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , July 8, 2005 .

Robert C. Thompson
Clerk of the Executive Council



Short title

        1. These regulations may be cited as the Waste Diversion Regulations .

57/05 s1

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        2. In these regulations

             (a)  "Act" means the Environmental Protection Act ;

             (b)  "designated material" means a material designated by the minister under section 3;

             (c)  "effective date" means the date stated in accordance with paragraph 4(e); and

             (d)  "waste disposal site" means real property, a building or a structure upon which waste material is deposited and disposed of in accordance with an approval.

57/05 s2

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Designated material ban

        3. The minister may, for a specified area of the province or a part of the province, designate a material as a designated material that is banned from disposal into one or more waste disposal sites.

57/05 s3

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Ban information

        4. (1) Where the minister makes a designation under section 3, that designation shall

             (a)  be in writing;

             (b)  describe the banned designated material;

             (c)  describe the area to which the designated material ban applies;

             (d)  indicate the waste disposal sites that shall not accept the banned designated material for disposal; and

             (e)  state the date upon which the designated material ban will come into effect.

             (2)  The minister may vary or revoke a designation made under section 3 and paragraphs (1)(a) to (e), with the necessary changes, shall apply to that variation or revocation.

57/05 s4

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        5. A designated material ban and a variation or revocation of that ban made under these regulations shall be published in a newspaper in general circulation in the area covered by that ban, variation or revocation not fewer than 15 days before the effective date of that ban, variation or revocation.

57/05 s5

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        6. (1) A person in an area shall not dispose of a designated material into a waste disposal site after the effective date of a ban on the disposal of that designated material for that area.

             (2)  A person responsible for a waste disposal site shall not allow a designated material to be disposed of at that site after the effective date of a ban on the disposal of that designated material into that site.

57/05 s6