Waste Discharge Authorizations
Cancellation, Abandonment and Suspension of an Authorization
Section 18 of the Environmental Management Act allows a director to cancel or suspend a permit or approval. Section 20 allows a permittee to abandon a permit or approval.
Cancellation: Clients who are no longer discharging waste to the environment may request cancellation of their authorization by submitting in writing to the director a request that the authorization be cancelled. Along with the request, include supporting documentation to show that the discharge has ceased and there is no further risk to the environment or public health. In some cases, ministry staff may wish to inspect the site. Under some conditions, a director may refuse a cancellation request. After a permit has been cancelled, the client must apply for a new permit prior to resuming a discharge to the environment.
Dischargers operating under a regulation or code of practice may cancel their registration (deregister) by sending a letter to the ministry advising that they are no longer discharging and no longer wish to continue the registration. After deregistration, if the discharge is resumed, the owner will have to re-register the discharge.
Suspension: A client may, for various reasons, request that their permit or approval be suspended for a period of time. During the suspension period, the client is relieved of the requirements of the permit or approval and is not allowed to discharge waste. Permit fees continue to be applied to the authorization during the suspension period.
Abandonment: Clients electing to abandon their permit or approval forfeit any rights granted by the authorization and are released from any terms and conditions imposed in the authorization. Clients may abandon a permit or approval by stating in writing to the director that they choose to do so. While a director cannot refuse abandonment, the director has two options. In cases where the discharge never occurred or has ceased and there is no further risk to the environment or public health, the director may elect to cancel the permit. In cases where there is a continuing discharge and therefore, a risk to the environment or public health, such as leachate from a landfill, the director, under Section 20 (5) (b) of the
Environmental Management Act, may impose conditions on the abandonment in order to protect the environment or public health. After a permit has been abandoned, the client must apply for a new permit prior to resuming a discharge to the environment.
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