Transcript Results Based Regulation Implications for Regional

Results Based Regulation
Implications for Municipal Solid Waste
Management
Presented By: Blake E. Nesbitt
Saskatchewan Ministry of Environment
SUMA Convention - January 31, 2010
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Today’s Topics
• Overview of Current Regulatory Model
• Description of Results Based Regulatory
Model
– Key Elements
• An Example Application of RBR
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The Prescriptive Approach
• Enabling (umbrella) legislation – The Environmental Management &
Protection Act (EMPA 2002)
• Under the umbrella are various regulations which attempt to address
environmental concerns associated with specific media or receptors
Examples:
 Water – The Water Regulations, 2002 (amended 2007)
 Air – The Clean Air Act 1989 (last amended 2003)
 Land – The Municipal Refuse Management Regulations (1986)
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Prescriptive Regulation - Benefits
• Provides clarity in what is necessary for
compliance with the law
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Does a particular activity require a permit?
What contaminants (pollutants) are regulated?
What level of contaminant discharge is acceptable?
What reporting requirements are there?
• Usually provides a consistent set of goals
specific to the target environmental media
– Ambient air quality criteria, Drinking water standards, etcetera
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Limitations
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Prescriptive regulation requires considerable
expenditure of resources up front to ensure that the
regulation:
a)
b)
c)
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Can be effectively applied (ie. it is legally & operationally
enforceable)
Is comprehensive – does it address the foreseeable
circumstances that require regulation?
Is supported by sufficient scientific data to allow the development
of compound specific standards which are protective of human
health and the environment?
Usually does not readily allow for the use of innovative
or new technologies
Regulations are written to deal with today’s issues –
typically unable to accommodate changes in society or
improvements in scientific knowledge.
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Results Based Regulation
What is it?
How will it work?
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RBR in a Nutshell
• The Ministry will identify waste management activities which have
the potential to harm human health or the environment
• For each activity the Ministry will establish a set of Objectives that
must be met in order to reduce the potential harm to acceptable
levels
• Each activity will require the creation of an Environmental
Protection Plan
• Each activity will have its own Code of Practice which can be used
as a template or guideline for achieving compliance with the
regulatory objectives
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RBR Flow Chart
(proposed)
Municipality identifies the
need to create
more landfill space
Municipality retains the services
of Qualified Person (s)
Results Base Objectives
Code of Practice
Qualified Person will assess
Design Options
Qualified Person will prepare
Environmental Protection Plan (s)
Plans submitted to MOE for
Review & Acceptance
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Qualified Person
• Civil Engineer
– Preparation of design specifications for earthen works, roads, utilities
• Geologist
– Analysis of native soil & rock, slope stability assessment
• Hydrogeologist
– Characterization of ground water – flow modeling (direction, rate &
volume), presence of aquifers, quality of water
• Hydrologist
– Analysis of surface water (flow paths, quantity, quality, seasonal
variability)
• Terrestrial Biologist
– Assessment of native flora & fauna which may be impacted by landfill
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RBR Flow Chart
(proposed)
Municipality identifies the
need to create
more landfill space
Municipality retains the services
of Qualified Person (s)
Results Base Objectives
Code of Practice
Qualified Person will assess
Design Options
Qualified Person will prepare
Environmental Protection Plan (s)
Plans submitted to MOE for
Review & Acceptance
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Engineered Landfill – Typical Cross Section
Gas Vents
Compacted Final Cap
Top Soil Cover
Compacted Base Liner
Sand Base Layer
Leachate Collection Network (embedded in granular fill)
FML (flexible membrane liner)
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Contaminant Egress Pathways
precipitation
Completed
landfill
Ditch/creek
Native Soils; k ≈ 10-7 cm/sec.
Aquitard
Thickness
Bedrock
Potable water
supply well
Regional aquifer
Typical Permeabilities
Ground water flow path
“Toe” discharge
K = 10-7 cm/sec ≡ 3.2 centimeters/year (clay)
K = 10-5 cm/sec ≡ 3.15 meters/year (clay loam – topsoil)
K = 10-3 cm/sec ≡ 32 kilometers/year (gravel aquifer)
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RBR – The Good News
• Under the Results Based Regulation initiative, the Ministry focuses
on prescribing the OBJECTIVES that must be met to protect the
environment over both the short & long term
• The proponent selects the HOW
• For landfills (and most other waste management activities), the
basic design can be altered based on:
 Site geology & hydrogeology
 Types of waste received
 Risk assessment
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Summary
The current prescriptive
regulations are:
The Results Based
Regulatory Model will:
• Specific to media of
concern (air, water, land)
or
• Specific to activity (ie.
waste disposal grounds)
• Inflexible
• Not all inclusive
• Encourage the use of
innovative, timely & cost
effective environmental
solutions
• Afford the proponent a
high degree of flexibility in
achieving compliance
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Thank You
Any Questions???
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Municipal Waste Landfill
Under a prescriptive regulatory model, the Ministry creates rules
governing every aspect of the life of the landfill including:
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Site selection
Landfill Design
Waste Acceptance Criterion & Practices
Operating Procedures
Monitoring Programs (air, surface water, ground water, biota)
Closure Plans & Protocols
Post-Closure Maintenance & Monitoring Programs
Site Restoration or Ultimate Closure
Financial Assurance
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Results Based Objectives
-An ExampleThe results based objective for the siting, design, construction,
operation and closure of a landfill must ensure (over its
contaminating lifespan) that it does not:
a) Create adverse effects which might endanger flora, fauna and
other wildlife in accordance with both the Wildlife Habitat
Protection Act (1983) and the Fisheries Act (1994), and
b) Cause discharges or other releases to the environment
beyond the site’s compliance boundary in quantities or at
concentrations which could result in an exceedence of
established criteria for both health & non-health related
parameters that may be applied to drinking water (applies to
both ground water and surface water resources)