WASTE DISCHARGE AUTHORIZATIONS:
APPLICATION FORMS AND GUIDANCE

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Introduction

Overview of actions an applicant should take in submitting an application for a permit, significant amendment or approval.

Quick Jumps Introduction Pre-application Meeting Notification and Consultation Technical Assessment Submission of Application Ministry Process for Assessing Applications Disclaimer Location of Regional Offices

Introduction

An application for an Environmental Management Act permit, significant amendment or approval involves a number of activities by the applicant, qualified professionals and ministry staff. This guidance document was prepared to help the applicant understand the process and the activities that must be undertaken in order to meet the regulatory requirements, and ensure the Director has the necessary information to make a decision on the application.

The Environmental Management Act and the Waste Discharge Regulation (WDR) establish a three tiered approach for discharges to the environment.

	Tier 1:	Industries, trades, businesses operations or activities considered to be high risk to the environment and public health or those where it was determined that development of a code of practice was impractical, are listed in Schedule 1 of the WDR. These dischargers will require a permit or approval to authorize their discharges. A detailed technical assessment of the discharge is normally required.
	Tier 2:	Industries, trades, businesses operations or activities considered to be medium risk to the environment and public health are listed in Schedule 2 of the WDR. These dischargers would register under the code of practice or regulation if required by that code or regulation. If a code of practice or regulation has not been developed, a permit or approval is required. In this case, a technical assessment may not be required provided sufficient information is included on the application form.
	Tier 3:	Industries, trades, businesses operations or activities not listed in either Schedule 1 or Schedule 2 are considered low risk and do not require a formal authorization to discharge waste. However, the discharges must not cause pollution or present a risk to public health.

Those intending to discharge waste to the environment are advised to consult with the regional office to confirm the authorization required.

The applicant should undertake certain activities before formal submission of the application, to ensure the applicant is aware of the legal and technical requirements associated with the application process. These activities include:

• a pre-application meeting;
• consultation with the public, agencies and stakeholders; and
• a technical assessment, completed by a qualified professional, of the potential for the discharge to impact human health and the environment (if required by the manager — for less complex or medium risk authorizations detailed technical assessments may not be required. A discussion with the regional office should be undertaken to determine the level of detail needed for the technical assessment section).

[Note: for a step-by-step overview of the application process, see the Application Process Flow Sheet.]

Normally, a suitably qualified professional consultant would be engaged by the applicant to provide technical advice on pollution prevention. A qualified professional means a person who:

1. is registered in British Columbia with an appropriate professional association, acts under that professional association's code of ethics, and is subject to disciplinary action by that professional association, and
2. through suitable education, experience, accreditation and knowledge may be reasonably relied on to provide advice within an area of expertise related to this application.

Pre-application Meeting

It is recommended that a pre-application meeting or conference call between the applicant and ministry staff be held prior to formal submission of an application. This will provide an opportunity for the proponent to provide an overview of the proposal, to confirm with the ministry the requirements set out in legislation and guidelines, and confirm the level of detail for supporting information required.

This scoping is particularly important, as some projects will require much more supporting information than others. For example, the process for applying for an Approval under Section 15 of the Environmental Management Act may have fewer requirements because of the short-term nature (i.e. less than 15 months) of the discharge and should therefore be discussed on a case-by-case basis.

For most Tier 1 discharges, the applicant will be required to prepare a detailed technical assessment. For Tier 2 discharges, where a code of practice or regulation is not in place, a technical assessment is generally not required. It is expected that this reduced level of detail can be provided directly on the application form.

The meeting will also provide an opportunity for the ministry to identify any preliminary concerns with the proposal and provide guidance on the processes for consultation and technical assessment. If a consultant will be involved in the application process, the consultant should be included in the meeting.

In preparation for the pre-application meeting, it is recommended that applicants do the following:

• Become familiar with the Environmental Management Act, applicable regulations and any ministry guidelines relevant to the proposed discharge. They may wish to seek legal opinion as to their rights and obligations under the act and regulations.
• Become familiar with other government requirements (local, provincial, federal). For example, local governments have land use authority. It is recommended that the appropriate land use approvals for the project be sought before applying for a permit.
• For permit applications, significant amendments and approvals, bring completed application form and site plan form. Official forms must be used that include details about the applicant, waste sources, treatment, discharge characteristics and discharge location. For the forms and information on completing the forms, see Application Forms and Guidance — Applications, also available at ministry regional offices.
• If, prior to the pre-application meeting, you have been advised of the need to prepare a technical assessment report, it would be helpful to develop an outline for an environmental assessment Terms of Reference for discussion at the meeting. (see Technical Assessment, below).
• For minor amendment applications, bring a letter (addressed to the manager) requesting changes to the permit by indicating the “before” conditions currently authorized and the proposed “after” conditions, as well as a revised site plan form, if applicable. Include the rationale for the amendment request and the relevant information respecting discharge details and potential effects on the receiving environment, if any (refer to required information in Parts 1, 2(b), 3 and 4 in the Application Forms).

Please contact the appropriate regional office to set up an appointment. A copy of the letter or forms will be retained by the manager, and a ministry file number will be assigned at, or soon after, the meeting.

Notification and Consultation

The Public Notification Regulation places certain responsibilities on the applicant. For information on consultation requirements, see Guidance — Consultation. The applicant’s consultation activities will be discussed at the pre-application meeting, at which the manager will also provide direction regarding notification requirements and requirements for First Nations consultation.

Once the application form is finalized, the applicant must notify the public about the application by posting a notice on-site, publishing a notice in a local newspaper, serving notice to the municipality and regional district, and providing referrals to agencies specified by the manager, and where applicable, the property owner, First Nations, or other stakeholders who may have an interest in the application. The application must also be published in the British Columbia Gazette, Part I.

The applicant is expected to respond to comments received from anyone who expresses concerns about the application. The manager may require the applicant to offer to meet with any person or persons who may be adversely affected by the proposed discharge.

A consultation report summarizing the comments from the public and agencies will be required for the application to be accepted by the manager.

Technical Assessment

In order for the manager to fully understand the application and its potential impacts on the environment, technical information must be provided about the source(s) of the waste, the discharge quality and quantity, along with details on the receiving environment and the potential for the discharge to cause an impact.

For high risk / complex authorizations that fall under Schedule 1 of the Waste Discharge Regulation (Tier 1 discharges) , the applicant will be required to prepare the technical assessment report. The manager will clarify this requirement during the pre-application meeting. For moderate risk or less complex Tier 1 discharges and discharges that fall under Schedule 2 of the Waste Discharge Regulation (Tier 2 discharges) where a code of practice or regulation is not in place), an environmental impact technical assessment report may not be required of the applicant. In this case, supporting technical information will be provided directly in the application form package.

Where the applicant is required to provide a detailed technical assessment, it is strongly recommended that a draft Terms of Reference for the technical assessment be provided to the manager before initiating the assessment work. This will allow the manager to provide guidance regarding the scope of assessment work required.

The assessment should include details about the pollution prevention alternatives assessed, the source, volumes and characteristics of the waste, how the treatment selected compares to Best Commercially Achievable Technology, and expected quality of the waste after treatment.

Information about the receiving environment prior to the discharge should be provided, as well as predicted changes to the receiving environment within and beyond the initial dilution zone. Any objectives or other criteria applicable to the receiving environment should be considered, as well as the known and potential uses of the receiving environment. Assessments must be prepared by suitably qualified professionals for the application to be accepted by the manager.

For information on conducting a technical assessment, see Guidance — Technical Assessment.

Submission of Application

Once pre-application activities have been completed by the applicant, the application package (permit or approval application form or amendment application letter, site plan, consultation report and technical assessment if required) may be submitted to the manager. An application fee payable to the Minister of Finance must accompany the application in accordance with the Environmental Management Act Permit Fees Regulation.

All information provided to support an application will become part of the public record. A permit or approval obtained through a material
misstatement or misrepresentation in the application by the applicant or his agent may be suspended. Note that application packages with significant inadequacies will be returned and the manager may consider a pre-application that is more than one-year old as abandoned.

Ministry Process for Assessing Applications

Ministry staff will assess the information provided in the application package from the applicant. The applicant may be required to provide additional information and/or resolve outstanding issues that arose from consultation. If staff supports the application, a draft permit or amended permit will be prepared with conditions believed necessary to protect the environment.

This draft will be provided to the applicant for review prior to submission to the manager for decision. If staff does not support the application, an explanation will be provided to the applicant with a request for comment or changes to the application. An application that cannot be supported as protective of the environment will be refused by the manager.

Disclaimer

This guidance document does not replace the Environmental Management Act or its regulations. It does not list all provisions relating to waste discharges. If there are differences or omissions in this document, the act and regulations apply.

Location of Regional Offices

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