Waste Discharge Authorizations
Permit or Approval Application Process
This web page describes the process for applying for a permit or approval.
Prior to submitting a formal application, the applicant should undertake certain activities to become aware of the legal and technical requirements associated with the application process.
For a step-by-step overview of the full application process, review the Application Process Flow sheet (PDF/36 KB) and the sections below.
Pre-application Meeting
A pre-application meeting or conference call between the applicant and ministry staff is required 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 to 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 as adequate 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 to permits and for approvals, submit a draft application form and site plan form to the Environmental Management Branch in Victoria when you are ready to begin the application process. Please use official forms that include as much detail about the applicant, waste sources, treatment, discharge characteristics and discharge location as you can. Changes to the application can be made prior to the final application submission. For the forms and information on completing the forms, see the Application Forms and Guidance — Applications, also available at ministry regional offices. Upon receipt, ministry staff will contact you to arrange a time and location for the pre-application meeting.
- 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, as described in Section 1(2) of the Public Notification Regulation, send a letter to Victoria (addressed to the Director) 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 Permit and Approval Application Forms).
Both the draft and final versions of the application forms are to be sent to Ministry of Environment, Environmental Management Branch, PO Box 9377, Stn Prov Govt, 3rd Floor, 2975, Jutland Rd., Victoria BC V8W 9M1. A copy of your submission will be retained by the ministry, 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, when direction will also be provided regarding consultation and notification requirements, including 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 and in the British Columbia Gazette, Part I, serving notice to the municipality and regional district, and providing referrals to agencies and First Nations specified by the director, and where applicable, the property owner, or other stakeholders who may have an interest in the application. As part of the final application package, the applicant is required to submit to the ministry a consultation report, which should include the agency names, contact names and agency addresses of the consulting companies the applicant contacted.
The applicant is expected to respond to comments received from anyone who expresses concerns about the application. The director may require the applicant to offer to meet with any person(s) who may consider themselves adversely affected by the proposed discharge. It is also required that the Technical Assessment report be completed prior to notification and be made available to concerned persons who may request further information and details not included in the notification.
A consultation report summarizing the comments from the public and agencies will be required for the application to be accepted by the director.
Technical Assessment
In order for the director 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 ministry generally requires that the applicant retain the services of a qualified professional to assist in the preparation of the assessment documents.
In order to facilitate effective communication with agencies, groups and individuals who may wish to obtain more detailed information about the discharge, the technical assessment is to be completed prior to and made available during consultation.
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 ministry before initiating the assessment work. This will allow the staff 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.
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 regulation or code of practice 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 package. The ministry staff will clarify the technical assessment requirement during the pre-application meeting.
For information on conducting a technical assessment, see the Guidance — Technical Assessment document.
Submission of a Formal 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 finalized and submitted to Victoria by email (less than 5 Mbytes), CD or paper (please include an electronic copy of all documents when submitting a paper application). An application fee payable to the Minister of Finance must accompany the application in accordance with the 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 or cancelled. Note that application packages with significant inadequacies will be returned and the ministry may consider a pre-application that is more than one-year old as withdrawn.
Ministry Process for Assessing Applications
Ministry staff will assess the information provided in the application package. The applicant may be required to provide additional information about the discharge, waste treatment or potential environmental impact and to resolve outstanding issues that arose from consultation. If staff supports the application, a draft permit or draft 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 director for decision. An application that can be supported as protective of the environment can be issued by the director. After issuance, the permit or approval is active and the discharge may commence in compliance with the terms and conditions specified in the authorization. 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 director.
Disclaimer
The documents provided on this web site do not replace the Environmental Management Act or its regulations. They do not list all provisions relating to waste discharges. If there are differences or omissions in this document, the act and regulations apply.
Go to Application Process Flowchart (PDF/36 KB)
Go to Application Forms
Go to Guidance Documents
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