To reduce personal and environmental risks and enforce proper
practices, the federal, provincial, municipal and regional
governments have established a variety of laws (acts, regulations
and bylaws) respecting how wastes should be managed.
Failure to meet these legal requirements can have significant
impacts not only on the environment, but also on a business'
reputation and finances through fines and cleanup costs.
Proper characterization of wastes and manifesting the wastes
when they are moved off site are the prime responsibility of the
waste generator, although the carrier and the receiver also have
designated responsibilities and the associated liability.
Penalties
The penalties for non-compliance with the Hazardous Waste
Regulation are listed in Part 10, Division 1 of the BC
Environmental Management Act.
Anyone who commits a violation can be charged - from the
president of a company, right down to a person working on the shop
floor. 
If found guilty, they could be fined
and/or imprisoned! A fine of up to $200,000 can be imposed for
making untrue or misleading statements on a Waste Manifest.
Reckless disregard for safety violations causing a risk of harm
or death to other persons can result in fines of up to $3,000,000
and/or 3 years imprisonment.
Due Diligence
Due Diligence is a term that describes an approach for
responsible business behavior for individuals and companies to
maintain a reasonable standard of care in the conduct of their
activities. It requires that these individuals and companies
exercise sound judgment, behave responsibly and follow all
applicable laws and best practices in managing their wastes.
Practicing due diligence helps generators, transporters and
waste management facilities to comply with regulations and avoid
fines. It also demonstrates their commitment to environmental
protection and public safety to their staff, customers and
community.
Even when a waste is turned over to a transporter for the next
stages in the waste management process, the original generator of
the waste may be held responsible for the consequences of a spill
or improper disposal of such waste.
Therefore, it is important to ensure that the carrier used to
transport the waste as well as the receiver who will manage,
recycle or dispose of the waste can demonstrate that they are
properly authorized (licensed, have properly trained staff, and
will deal with the waste safely, responsibly and in compliance with
the applicable laws).
When wastes are shipped off site, the generator must initiate a
Waste Manifest (a shipping document) and must receive a completed
copy of the manifest from the processor. This confirms the wastes
have been received and how it is intended that they be managed.
The correctly completed manifest should also confirm that the
generator has complied with all requirements of the legislation.
The generator and receiver must provide copies of the Manifest to
the Ministry of Environment.
For further information refer to these Fact Sheets:
003 Selecting a
Hazardous Waste Transporter
004 Selecting a
Hazardous Waste Receiver / Processor