Dangerous Goods Management Regulations

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This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Dangerous Goods Management Regulations

made under Section 84 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 95-295 (April 11, 1995), N.S. Reg. 56/95
as amended up to O.I.C. 2002-93 (March 1, 2002), N.S. Reg. 23/2002

Citation
1 These regulations may be cited as the "Dangerous Goods Management Regulations".

Definitions
2 In these regulations

(a) "Act" means the Environment Act;

(b) "Administrator" means a person appointed by the Minister pursuant to Section 4 of these regulations, and includes an acting Administrator;

(c) "approved" means approved by an Administrator in writing;

(d) "dangerous goods" means a substance that

(i) conforms to the criteria set out in subsections 3.8 to 3.27, inclusive, of the Transportation of Dangerous Goods Regulations (Canada),

(ii) is included in List I of Schedule II or List II of Schedule II of the Transportation of Dangerous Goods Regulations (Canada), or

(iii) is designated in Schedule "B" of these regulations;

(e) "Department" means the Department of Environment;

(f) "inspector" means an inspector appointed pursuant to Section 21 of the Act;

(g) "incompatible materials" means substances that on contact with each other under ambient or foreseeable conditions

(i) generate extreme heat, pressure, fire or explosion,

(ii) produce uncontrolled toxic mists, fumes, dusts or gases in sufficient quantities to threaten human health or the environment,

(iii) produce uncontrolled flammable fumes, dusts or gases in sufficient quantities to pose a risk of fire or explosion, or

(iv) cause sufficient corrosion or physical deterioration to damage the structural integrity of the storage facility;

(h) "Minister" means the Minister of Environment;

(i) "primary classification" means primary classification as determined in accordance with the Transportation of Dangerous Goods Regulations (Canada);

(j) "storage facility" means any land or premises on, in or under which dangerous goods or waste dangerous goods are stored;

(k) "underground storage tank system" means any tank the volume of which, including the volume of the underground pipes connected to the tank, is located 90% or more beneath the ground surface or is otherwise covered with material such as earth, backfill or concrete;

(l) "waste dangerous goods" means dangerous goods that are no longer in use for their original purpose or materials which have become waste dangerous goods through handling including dangerous goods intended for treatment, disposal or recycling, but does not include dangerous goods returned directly to the manufacturer or supplier of the dangerous goods for reprocessing, repacking or resale and does not include consumer paint products as defined in the Solid Waste-Resource Management Regulations.
Clause 2(l) amended: O.I.C. 2002-93, N.S. Reg. 23/2002.
[Note: the references to the Department in clauses (e) and (h) have been updated in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2008.]

Designation
3 Substances defined in these regulations as dangerous goods or waste dangerous goods are designated dangerous goods or waste dangerous goods for the purposes of the Act and these regulations.

Administrator
4 The Minister may appoint an Administrator to administer these regulations.

Exemptions from regulations
5 These regulations do not apply to

(a) an asbestos waste storage site regulated in the Asbestos Waste Management Regulations;

(b) a storage tank system regulated in the Petroleum Storage Regulations;

(c) used oil and contaminated used oil regulated in the Used Oil Regulations;
Clause 5(c) amended: O.I.C. 96-926, N.S. Reg. 178/96.

(d) a chlorobiphenyl or PCB storage system or device regulated in the PCB Management Regulations;

(e) a pesticide storage site regulated in the Pesticide Regulations;

(f) refuse that is collected by or on behalf of a town, city or municipality from a residential premises except waste dangerous goods from a household or residence;

(g) sewage, including sewage sludge;

(h) propane regulated by the Fire Marshal; and

(i) a retail outlet in which dangerous goods are stored and packaged as consumer products in small quantities normally used by the consuming public.

Storage of waste dangerous goods
6 (1) No person shall store waste dangerous goods which that person did not produce without the prior written approval of the Minister or an Administrator.

(2) No person shall dilute or adulterate waste dangerous goods without the prior written approval of the Minister or an Administrator.

Specific storage requirements
7 (1) Dangerous goods or waste dangerous goods shall not be stored in any container where the materials used to construct the container and the dangerous goods or waste dangerous goods are incompatible materials.

(2) A portable container used to store dangerous goods or waste dangerous goods shall meet the packaging requirements prescribed in the Transportation of Dangerous Goods Regulations (Canada).

(3) A steel underground storage tank system for dangerous goods or waste dangerous goods shall,

(a) if installed on or after April 11, 1995, have secondary containment with interstitial leak detection and cathodic protection and shall bear the approval of the Underwriters Laboratories of Canada (ULC); or

(b) if installed before April 11, 1995, and not in compliance with the requirements of clause (a), be removed no later than 15 years from the date of installation.

(4) An existing steel underground storage tank system which is not in compliance with subsection (3) shall be removed no later than April 1, 1996, unless

(a) the owner, operator or person responsible for the underground storage tank system applies in writing to an Administrator requesting a time extension and listing

(i) the location of the underground storage tank system,

(ii) the volume of the underground storage tank system,

(iii) the date of installation of the underground storage tank system,

(iv) the type of dangerous goods or waste dangerous goods stored in the underground storage tank system, and

(v) reasons why the underground storage tank system cannot be removed before April 1, 1996;

(b) the owner, operator or person responsible for the underground storage tank system has a leak detection test which meets the requirements of the Petroleum Storage Regulations performed on the storage tank system and forwards a copy of the test results to an Administrator; and

(c) an Administrator issues a written approval for the variance in removal date, noting a final date for removal of the underground storage tank system.

(5) Dangerous goods or waste dangerous goods or the containers in which these goods are stored shall be legibly and indelibly labelled

(a) in accordance with the Transportation of Dangerous Goods Regulations (Canada);

(b) in accordance with the Workplace Hazardous Materials Information System (WHMIS) Regulations;

(c) in accordance with policies, standards and guidelines established or adopted by the Minister; or

(d) if clauses (a), (b) or (c) do not apply, in accordance with standards established or adopted by industry.

(6) Dangerous goods or waste dangerous goods shall not be exposed during storage to incompatible materials.

(7) If incompatible materials are stored in a location where an opportunity for accidental or uncontrolled contact may occur, the incompatible materials shall be segregated and separated by a barrier designed, constructed and maintained to prevent contact between the incompatible materials.

General storage facility requirements
8 (1) A storage facility shall be designed, constructed and maintained so that elements of the weather, including precipitation, heat, frost, wind and humidity, have no impact on the capability of the storage facility to safely store dangerous goods or waste dangerous goods.

(2) Every person responsible for a storage facility shall ensure that the storage facility is

(a) secured from public entry;

(b) prominently identified as a dangerous goods or waste dangerous goods storage facility using placards prescribed in the Transportation of Dangerous Goods Regulations (Canada) to properly describe the dangerous goods or waste dangerous goods contained in the facility, placed on or near each building, room or area where the dangerous goods or waste dangerous goods are stored;

(c) equipped with suitable equipment required to handle an emergency related to the dangerous goods or waste dangerous goods stored in the storage facility;

(d) staffed with employees trained to respond to emergencies related to the dangerous goods or waste dangerous goods stored in the storage facility; and

(e) secured to prevent spilled or leaked dangerous goods or waste dangerous goods from entering the environment or causing an adverse effect.

Approvals requirement
9 (1) Subject to subsections (2) and (3), no person shall store waste dangerous goods of the primary classification of dangerous goods listed in Column I of Schedule "A" in quantities greater than those listed in Column II of Schedule "A" or waste dangerous goods of the substances designated as dangerous goods listed in Column I of Schedule "B" in quantities greater than those listed in Column II of Schedule "B" unless the plans and specifications for the storage facility are submitted to and approved by an Administrator.

(2) (a) In an environmentally sensitive area, an Administrator may require a person responsible for the storage of waste dangerous goods at a storage facility in quantities less than those specified in Column II of Schedule "A" or Column II of Schedule "B" to submit plans and specifications for the storage facility to the Administrator for approval.

(b) For the purpose of clause (a), an environmentally sensitive area means an ecological area supporting rare flora or fauna, a protected water area, a watershed, an essential wildlife habitat or lands located at or near a watercourse, domestic residence or other facilities which produce waste.

(3) No person described in subsections (1) or (2) shall store waste dangerous goods at a storage facility without the approval of an Administrator.

(4) An Administrator may restrict or limit the time in which waste dangerous goods may be stored at a storage facility.

(5) An application under this Section shall be processed in accordance with the Approvals Procedure Regulations*.
[*Effective January 22, 2013, the Approvals Procedure Regulations are replaced by the Approval and Notification Procedures Regulations, N.S. Reg. 17/2013 (O.I.C. 2013-18 dated January 22, 2013).]

Contingency plans
10 (1) Every person responsible for a storage facility which has

(a) a combined capacity of 2000 kg of dangerous goods or waste dangerous goods;

(b) a combined capacity of 2000 l of dangerous goods or waste dangerous goods; or

(c) waste dangerous goods in quantities greater than those listed in Column II of Schedules "A" or "B"

shall have contingency plans respecting

(i) fires or other emergencies, and

(ii) discharges, emissions, escapes, leaks, or spills of dangerous goods or waste dangerous goods.

(2) An Administrator may require contingency plans to be approved before allowing dangerous goods or waste dangerous goods to be stored at a storage facility.

Inventory
11 (1) A person responsible for a storage facility shall, if requested by fire and emergency personnel, provide a full and complete inventory of all dangerous goods or waste dangerous goods stored in the storage facility.

(2) The inventory referred to in subsection (1) shall include

(a) generic names, trade names or other means of identification of dangerous goods or waste dangerous goods stored in the storage facility;

(b) the appropriate classification of dangerous goods or waste dangerous goods under the Transportation of Dangerous Goods Regulations (Canada);

(c) a statement of the quantities of dangerous goods or waste dangerous goods;

(d) a listing of the known major environmental hazards associated with the dangerous goods or waste dangerous goods stored in the storage facility; and

(e) the name of the manufacturer or distributor of the dangerous goods or the producer of the waste dangerous goods.

Disposal offence
12 No person shall cause, suffer or permit the dumping, depositing, dropping, throwing, discharging or leaving of dangerous goods or waste dangerous goods in a manner which may cause an adverse effect without the prior written approval of the Minister or an Administrator.

Effective date
13 These regulations come into effect on, from and after April 11, 1995.


Schedule "A" - Designated Dangerous Goods [Primary Classification]

Transportation of Dangerous Goods Regulations (Canada)

Column I
Classification and Division
Column II
Quantity - Waste
Dangerous Goods
1 Explosive 50 kg or 50 L
2.1 Compressed gas (flammable) 5000* L
2.2 Compressed gas (non-corrosive,
non-toxic, non-flammable)
10 000* L
2.3 Compressed gas (toxic) 500* L
2.4 Compressed gas (corrosive) 500* L
2 Compressed gas (total) 10 000 L
3 Flammable liquid 5000 L
4.1 Flammable solid 10 000 kg
4.2 Substance liable to spontaneous combustion 1000 kg
4.3 Substance which reacts violently with water 1000 kg
5.1 Oxidizing substance 1000 kg or 1000 L
5.2 Organic peroxide 50 kg or 50 L
6.1 Poisonous (toxic) substance 1000 kg or 1000 L
6.2 Infectious substance 1000 kg or 1000 L
7 Radioactive material any amount
8 Corrosive substance 1000 kg or 1000 L
9.1 Miscellaneous dangerous goods 5000 kg
9.2 Environmentally hazardous substance 50 kg
9.3 Leachable toxic waste 10 000 kg or 10 000 L
*Total liquid volume capacity of container.


Schedule "B" - Designated Dangerous Goods
[Substances of Environmental Concern]

Column I
Substances of Environmental Concern
Column II
Quantity - Waste
Dangerous Goods
1. Glycol based antifreeze or de-icing fluids or solutions
containing these substances in concentrations greater
than 1000 mg/l
10 000 kg or 10 000 L
2. Petroleum products, flashpoint greater than 61&#176 C, liquid at ambient conditions or during handling 10 000 kg or 10 000 L


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