PCB Regulations (SOR/2008-273)

PART 3Storage

Marginal note:Application — concentration of 50 mg/kg or more

• 18 (1) Subject to subsection (3), this Part applies to all solids and liquids containing PCBs in a concentration of 50 mg/kg or more that are located at a particular site if the liquids or solids are present in a quantity greater than or equal to

  • (a) 100 L, in the case of liquids; and

  • (b) 100 kg, in the case of solids.

• Marginal note:Application — quantity of 1 kg or more

  (2) Subject to subsection (3), this Part also applies to all solids and liquids containing PCBs in a concentration of 50 mg/kg or more that are located at a particular site in a quantity of less than 100 L, in the case of liquids, and 100 kg, in the case of solids, if the total quantity of PCBs contained in the liquids or the solids or in the liquids and solids combined, determined in accordance with the following formulas, as applicable, is 1 kg or more:

  • (a) in the case of liquids,

    Σ((V × D × C)) ÷ 1 000 000

    where

    V

    is the volume of each liquid containing PCBs in a given concentration, expressed in L,

    D

    is the density of PCBs in each liquid as follows:

    • (i) 0.9 kg/L, if the concentration of PCBs in the liquid is less than 10 000 mg/kg, and

    • (ii) 1.5 kg/L, if the concentration of PCBs in the liquid is 10 000 mg/kg or more, and

    C

    is the concentration of PCBs in each liquid, expressed in mg/kg; and

  • (b) in the case of solids,

    Σ((M × C)) ÷ 1 000 000

    where

    M

    is the weight of each solid containing PCBs in a given concentration, expressed in kg, and

    C

    is the concentration of PCBs in each solid, expressed in mg/kg.

• Marginal note:Non-application

  (3) This Part does not apply in respect of the following products containing PCBs:

  • (a) solid or liquid products that are processed daily or used;

  • (b) pipelines that transport natural gas, petroleum or petroleum products, and any associated equipment that is in contact with the natural gas, petroleum or petroleum products, if they remain in place on September 5, 2008; and

  • (c) cables, if they remain in place on September 5, 2008.

Marginal note:Requirement to store

• 19 (1) A person who owns, controls or possesses PCBs or products containing PCBs shall, within 30 days after the day on which those PCBs or products cease to be processed daily or used or after September 5, 2008, whichever is later, either

  • (a) send them for destruction to an authorized facility that is authorized for that purpose; or

  • (b) store them at a PCB storage site for the period during which they are not processed daily or used.

• Marginal note:Remote from or no access to roadway

  (2) Despite subsection (1), if the PCBs or products containing PCBs are remote from a roadway system or if there is no access to a roadway system, the person who owns, controls or possesses the PCBs or products may store them at a PCB storage site as soon as feasible but no later than one year after the day on which they are not processed daily or used or one year after September 5, 2008, whichever is later. That person shall use best management practices for them from the time that they cease to be processed daily or used until the time that they are stored at a PCB storage site.

Marginal note:Prohibition against storage

• 20 (1) Effective September 5, 2009, no person shall store PCBs or products containing PCBs at the following plants or facilities or on the land on which those plants or facilities are located and within 100 m of them:

  • (a) a drinking water treatment plant or a food or feed processing plant; or

  • (b) a child care facility, preschool, primary school, secondary school, hospital, or senior citizens’ care facility.

• Marginal note:Light ballasts

  (2) Subsection (1) does not apply to light ballasts.

Marginal note:Maximum storage periods

• 21 (1) Despite any other provision in these Regulations and subject to section 22, no person shall store PCBs or products containing PCBs, other than those referred to in section 23, beyond the following time limits:

  • (a) one year, beginning on the day on which their use is no longer permitted under these Regulations or the day on which they are no longer processed daily or used, whichever is sooner, if the PCBs or products are stored at a facility that is not referred to in paragraph (1)(b) or (c);

  • (b) one year, if the PCBs or products are stored at an authorized facility that is a transfer site; and

  • (c) two years, if the PCBs or products are stored at an authorized facility that is authorized to destroy them.

• Marginal note:Transfer sites

  (2) If the PCBs or products containing PCBs are sent from one transfer site to another, the period referred to in paragraph (1)(b) begins when they are received at the first transfer site.

• Marginal note:Destruction

  (3) The owner or operator of the facility referred to in paragraph (1)(a) or (b) shall send the PCBs or products containing PCBs for destruction to an authorized facility that is authorized for that purpose within the time limit set out in those paragraphs.

Marginal note:Exceptions to maximum storage periods

• 22 (1) Section 21 does not apply to the storage of

  • (a) liquids referred to in subsection 15(2) or for which an extension has been granted under subsection 17; or

  • (b) for the duration of any environmental remediation work, solids and liquids containing PCBs in a concentration of 50 mg/kg or more resulting from that work and stored on site for that duration, if the requirements set out in subsections (2) and (3) are complied with.

• Marginal note:Information to be provided

  (2) The owner of the land where the solids and liquids referred to in paragraph (1)(b) are located shall submit to the Minister at least 30 days before the storage of the solids or liquids or within 30 days after September 5, 2008, whichever is later, the following information:

  • (a) the civic address of the remediation work site or if there is no civic address, the location using the Global Positioning System;

  • (b) the date of commencement of the remediation work;

  • (c) the anticipated date of completion of the remediation work; and

  • (d) the anticipated date of the end of storage of the solids or liquids.

• Marginal note:Changes to information

  (3) The person referred to in subsection (2) shall notify the Minister in writing of the changes to be made at least 30 days before making any changes to the information provided under that subsection.

Marginal note:PCBs or products containing PCBs stored on September 5, 2008

23 A person who owns, controls or possesses PCBs or products containing PCBs, other than liquids for which an extension has been granted under section 17, that are stored on September 5, 2008 may store them

• (a) until December 31, 2009 if they are sent by that date for destruction to an authorized facility that is authorized for that purpose; or

• (b) until December 31, 2011 if they are destroyed by that date, at the location where they are stored, in an authorized facility that is authorized for that purpose.

Marginal note:PCB storage site

24 PCBs or products containing PCBs shall be stored at a site that is

• (a) a building, room, shipping container or other enclosed structure; or

• (b) an area that is enclosed by a woven mesh wire fence or any other fence or wall with similar security characteristics, and the fence or wall shall be at least 1.83 m high.

Marginal note:Storage requirements

25 The owner or operator of a PCB storage site shall

• (a) store all PCBs or products containing PCBs that are in liquid form in

  • (i) sealed containers, other than drums, that are made of steel or other metals that provide sufficient durability and strength to prevent those PCBs or products from being affected by the weather or released, or

  • (ii) drums that are

    • (A) of a capacity not greater than 205 L,

    • (B) a closed-head double-bung drum made of steel having a gauge of 16 or heavier, and

    • (C) painted or treated to prevent rusting;

• (b) store all PCBs or products containing PCBs that are in solid form in

  • (i) containers, other than drums, that are made of steel or other materials that provide sufficient durability and strength to prevent those PCBs or products from being affected by the weather or released, or

  • (ii) drums that are

    • (A) of a capacity not greater than 205 L,

    • (B) made of steel having a gauge of 18 or heavier,

    • (C) equipped with a securely attached, removable steel lid and a gasket made of material that is resistant to the PCBs or the products containing PCBs that are stored in the drums, and

    • (D) painted or treated to prevent rusting;

• (c) store equipment containing PCB liquids in

  • (i) containers, other than drums, that are made of steel or other materials that provide sufficient durability and strength to prevent the equipment from being affected by the weather and to prevent any PCB liquid that leaks from the equipment from being released, or

  • (ii) drums described in subparagraph (b)(ii);

• (d) store all equipment that is not in a container, other than drained equipment, if that equipment contains PCB liquid, and all containers of PCB liquid, on a floor or surface that is made of steel, concrete or any other similar durable material and that is constructed with curbing or sides that are capable of containing

  • (i) if one piece of equipment or one container is being stored, 125% of the volume of the PCB liquid in the equipment or container, and

  • (ii) if more than one piece of equipment or more than one container is being stored, the greater of twice the volume of the PCB liquid in the largest piece of equipment or the largest container and 25% of the volume of all the PCB liquid stored on the floor or surface;

• (e) if the material of the floor or surface or the curbing or sides referred to in paragraph (d) are capable of absorbing any PCB liquid or other product containing PCBs, seal the floor, surface, curbing or sides with an impervious, durable, PCB-resistant coating;

• (f) ensure that all floor drains, sumps or other openings in the floor or surface referred to in paragraph (d) are

  • (i) closed and sealed to prevent the release of liquids, or

  • (ii) connected to a drainage system suitable for liquid dangerous goods that terminates at a location where any spilled liquids will be contained and recovered and where the spilled liquids will not create a fire hazard or a risk to public health or safety;

• (g) place on skids or pallets all equipment containing PCBs and containers of PCBs or products containing PCBs that are not permanently secured to the floor or a surface;

• (h) stack containers of PCBs and products containing PCBs, other than drums, only if the containers are designed for stacking, and stack containers of PCB liquid not more than two containers high;

• (i) if drums containing PCBs or products containing PCBs are stacked, separate the drums from each other with pallets and, in the case of drums of PCB liquid, stack the drums not more than two drums high;

• (j) store equipment containing PCBs, and containers of PCBs or products containing PCBs, in a manner that makes them accessible for inspection;

• (k) store PCBs or products containing PCBs in a manner that prevents them from catching fire or being released;

• (l) store PCBs or products containing PCBs together, and separate them from other stored materials;

• (m) if reasonably practicable, equip any indoor PCB storage site having a mechanical exhaust system with heat or smoke sensory controls that stop the fan and close the intake and exhaust dampers in the event of a fire;

• (n) if equipment or containers of PCB liquid are stored outdoors, cover all PCB equipment that is not in a container, other than drained equipment, if that equipment contains PCB liquid, and all containers of PCB liquid, with a weatherproof roof or barrier that protects the equipment and containers and prevents rain or snow from entering the curbing and the sides of the floor and the surface under them; and

• (o) ensure that all drained PCB equipment and all containers of any PCB solid or PCB equipment are structurally sound and weatherproof if stored outdoors.

Marginal note:Access to PCB storage site

26 The owner or operator of a PCB storage site shall keep all points of access to the PCB storage site locked or guarded.

Marginal note:Inspection and maintenance of a PCB storage site

27 The owner or operator of a PCB storage site shall

• (a) inspect all floors, curbing, sides, drains, drainage systems, weatherproof roofs and barriers, fences and walls of the PCB storage site, any fire alarm system, fire extinguishers and fire suppression system and all equipment containing PCBs, containers used for the storage of PCBs or products containing PCBs and materials for clean-up at the PCB storage site

  • (i) each month,

  • (ii) at intervals of more than one month, if the Minister, on the written request of the owner or operator, determines that it is not reasonably practicable to inspect the site each month, due to its remote location, or

  • (iii) at intervals of less than one month, if more frequent inspections are necessary for the safe operation of the site; and

• (b) keep in good condition and, if damaged, immediately repair or replace the floors, curbing, sides, drains, drainage systems, weatherproof roofs or barriers, fences, walls, fire alarm system, fire extinguishers, fire suppression system, equipment containing PCBs and containers and immediately clean up any contaminated area.

Marginal note:Fire protection and emergency procedures

• 28 (1) The owner or operator of a PCB storage site shall

  • (a) develop and implement at the PCB storage site a fire protection and emergency procedures plan and shall

    • (i) update and test the plan once per year,

    • (ii) keep a written copy of the latest plan at the PCB storage site and another at their principal place of business, and

    • (iii) make the latest plan readily available to persons who implement the plan and to the local fire department or to the local officer appointed by the provincial Fire Marshall if there is no local fire department or to any other local authority responsible for fire protection;

  • (b) ensure that all employees who are authorized to enter the PCB storage site are familiar with the contents of the latest plan;

  • (c) equip the indoor PCB storage site with a fully operative fire alarm system that is maintained, inspected and tested in accordance with articles 6.3.1.1 and 6.3.1.2 of the National Fire Code and with

    • (i) portable fire extinguishers that are selected and installed in accordance with article 2.1.5.1 of the National Fire Code and maintained, inspected and tested in accordance with article 6.2.1.1 of that Code, or

    • (ii) an automatic fire suppression system that meets the requirements of article 3.2.7.9 of the National Fire Code, if required;

  • (d) keep a copy of the records referred to in sections 43 and 44 at the PCB storage site and make a copy readily available to the local fire department and, if there is no local fire department, to the local officer appointed by the provincial Fire Marshall or to any other local authority responsible for fire protection;

  • (e) ensure that all employees who are authorized to enter the PCB storage site are made aware of the hazards of PCBs and are familiar with the use of protective equipment and clothing and the clean-up procedures referred to in the Guidelines for the Management of Wastes Containing Polychlorinated Biphenyls (PCBs), CCME-TS/WM-TRE008, September 1989, as amended from time to time, issued by the Canadian Council of Ministers of the Environment; and

  • (f) store absorbent materials for clean-up near the PCB storage site.

• Marginal note:Shipping containers

  (2) Despite paragraph (1)(c), if the indoor PCB storage site is a shipping container, the owner or operator of the site does not have to equip that site with a fire alarm system.