1 Waste Discharge Authorization Application - British Columbia WG6 Application Process WG Document Review presented by Helga Harlander October x, 2008

2 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.

3 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. Pre-Application Stage 2. Preparation of Application Stage 3. Application Stage 4. Ministry Review Stage 5. Decision

4 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

5 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

6 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

7 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.

8 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

9 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.

10 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)

11 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.

12 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.)

13 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)

14 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

15 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.