Canada and Agenda
21Canada and Agenda
21
CHAPTER 20
Environmentally Sound Management of Hazardous Wastes Including Prevention of Illegal International Traffic in Hazardous Wastes
-- Gordon Clifford --
Gordon Clifford is a consultant with Consulting and Audit Canada. The views expressed in this chapter are those of the author with input from a number of stakeholders, and do not necessarily represent the views of Consulting and Audit Canada or the Projet de Société.
THE NATURE OF THE PROBLEM
Our industrial processes are producing increasing amounts of hazardous waste and human health and environmental quality are being degraded as a result. Problems are associated with the generation, handling and disposal of such wastes. Significant health and environmental impacts are also caused by the misuse of hazardous materials during the manufacturing process. Such issues as worker safety, spills, improper ventilation, and lack of training need to be dealt with. In many countries, a lack of expertise and political will prevents proper management of hazardous waste.
Minimizing the generation of hazardous waste and rehabilitating sites which have already been contaminated with hazardous waste are the two key problems which this chapter tries to address. A third concern is focused around the international movement of hazardous wastes. There exist wide differences in standards relating to hazardous waste management between industrialized and developing countries. Legislation protecting the environment is generally much weaker in developing countries because of the high premium these countries place on economic growth. The result has been that a number of developing countries have become dumping grounds for industrial wastes.
In summary, the chapter tries to address the problems of how to prevent and minimize the generation of hazardous waste, and how to manage those wastes in such a way as to ensure that the health of people and the environment are not put at risk. It recognizes that this is a problem which will have to be addressed by the international community, governments and industry.
PROGRAM AREAS AND OBJECTIVES
Chapter 20 identifies four major program areas, each with a number of objectives. These are briefly outlined below.
(1) Promoting the prevention and minimization of hazardous waste.
reduce the generation of hazardous wastes as part of an integrated cleaner production approach;
utilize, where practicable and environmentally sound, the residues from production processes; and
enhance knowledge and information on the economics of prevention and management of hazardous wastes.
(2) Promoting and strengthening institutional capacities in hazardous waste management.
adopt appropriate coordinating, legislative and regulatory measures at the national level for the environmentally sound management of hazardous wastes;
establish public awareness and information programs on hazardous waste issues;
establish comprehensive research programs on hazardous wastes;
strengthen service industries to enable them to handle hazardous wastes;
promote human exposure assessment with respect to hazardous waste sites and identify the remedial measures required;
facilitate the assessment of impacts and risks of hazardous wastes on human health and the environment;
improve knowledge regarding the effects of hazardous wastes on human health and the environment; and
make information available to governments and to the general public on the effects of hazardous wastes on human health and the environment.
(3) Promoting and strengthening international cooperation in the management of transboundary movements of hazardous wastes.
facilitate and strengthen international cooperation in the environmentally sound management of hazardous wastes, including control and monitoring of transboundary movements of such wastes;
adopt a ban on or prohibit the export of hazardous wastes to countries that do not have the capacity to deal with those wastes in an environmentally sound way or that have banned the import of such wastes; and
promote the development of control procedures for the transboundary movement of hazardous wastes destined for recovery operations that encourage environmentally and economically sound recycling options.
(4) Preventing illegal international traffic in hazardous wastes.
reinforce national capacities to detect and halt illegal attempts to introduce hazardous wastes into the territory of any State in contravention of national legislation and international instruments;
assist all countries in obtaining appropriate information concerning illegal traffic in hazardous wastes; and
cooperate in assisting countries that suffer the consequences of illegal traffic.
CANADIAN POSITIONS AT RIO
1. Official Canadian Position
Canadian government objectives were as follows:
(1)to seek to strengthen commitments to establish alternate controls for the transboundary movement of hazardous waste destined for recycling operations;
(2)to seek to support efforts to share environmentally sound facilities on a regional basis;
(3)to seek to recognize and support efforts of existing UNEP study groups on environmentally sound management and liability, as well as ensure that Agenda 21 proposals complement existing international programs; and
(4)to avoid broad-ranging proposals to ban or prohibit exports of hazardous wastes to developing countries indiscriminately without considering the controls of the Basel Convention.
Most of these objectives were met.
2. Non-Governmental Organizations
With regard to Chapter 20, Canadian NGOs expressed the following position. They:
(1)felt that there is a clear need for detailed definitions of hazardous wastes, recycling, reuse, reduction, etc.;
(2)called on Canada to join other countries in their support for a proposed ban on the transboundary movement of hazardous wastes;
(3)expressed concerns that sections of chapter 20 do not adequately reflect the environmental policy shift that has occurred over the last several years in favour of the precautionary approach and clean production;
(4)felt that greater emphasis should be given to clean production processes; and
(5)advocated that there needed to be stronger active roles given to local communities, indigenous groups, NGOS, etc. As written, chapter 20 focuses almost exclusively on the roles of government.
With regards to the recycling of hazardous wastes, many NGOs felt that environmentally sound recycling of hazardous wastes is preferable to disposing of hazardous wastes and could provide significant economic benefits to many countries, including developing countries. However, other NGOs were sceptical of "converting waste to recyclable or reusable materials and energy", especially in the context of using "recycling"as a pretext for trade in hazardous waste. Specifically, these NGOs advocated that recycling of hazardous wastes often creates other environmental hazards and that such recycling processes could be shifted to developing countries.
3. Business and Industry
Business and industry supported the official government position at UNCED, with particular emphasis on the clearly defined ability to accommodate transboundary movement of waste for recycling operations.
4. Indigenous
Indigenous Peoples' recommended that their territories and lands should be protected from the affects and dumping of hazardous wastes. There is contend that there is a need for the development of protocols which requires the involvement of Indigenous Peoples at all levels of discussion and decision-making since international activities always affect Indigenous Peoples. Under Agenda 21, Indigenous Peoples were to be informed, consulted, and allowed to participate at the national level for decision-making.
COMMITMENTS MADE BY CANADIANS
1. Legally-Binding Documents
None.
2. Political Pronouncements
None.
3. Alternative NGO Treaties and Kari-Oca
NGO Treaties
At the same time as UNCED, two major international events were also held at Rio. One was the International Non-Governmental Organization Forum (Global Forum). At the Global Forum, 3,100 NGOs discussed a number of matters related to environment and development and produced a parallel set of documents: an NGO Earth Charter and 38 Alternative NGO Treaties. Canadian NGOs played a significant role in developing the Treaties and took a lead in coordinating their dissemination. Of these treaties, one addressed the issues discussed in Chapter 20.
Treaty on Waste
Over a hundred participants assisted in the development of the NGO Treaty on Waste. The Treaty defines principles and action plans and commitments for all kinds of waste including solid waste, hazardous waste, military waste and nuclear waste.
Some of the principles outlined which are of particular relevance to hazardous waste include: the need to work toward the goal of zero production of hazardous waste; the precautionary principle should be applied with regard to waste production before a new technology or industrial process is adopted; society should have the right to unrestricted access to information about the quantity of all wastes produced and the associated risks; all hazardous waste management or clean up costs, direct or indirect, must be assumed by the producers, while ensuring the health and security of workers; hazardous waste must remain in the country where it is produced, even if designated an economic good; transnationals should be prohibited from making the decisions as to where hazardous wastes are disposed of.
The specific actions and commitments under the Treaty with regard to hazardous waste include:
pressuring governments to establish legal, financial and monitoring mechanisms to guarantee: the reduction in the production of hazardous waste; regular publication and rigorous control of transportation routes of dangerous chemical substances; and a ban on imports of hazardous waste-producing technology repudiated in the countries of origin;
pressuring governments to place a tax on the use of chemicals and on their emissions by industry as a disincentive to the abuse of chemicals; the funds generated by the tax should be set aside for use by community groups to conduct environmental studies, monitor etc.;
requesting an immediate revision of policies and legislation regarding use and commercialization of agrochemicals and a ban on the export and traffic of agrochemicals whose use has been prohibited in their countries of origin.
Kari-Oca
The second alternative forum at Rio was the International Conference on Territory, Environment and Development (the Kari-Oca Conference). The Kari-Oca Conference was held immediately prior to UNCED by and for the world's indigenous peoples. More than 650 indigenous representatives participated in meetings and cultural events during the conference. They developed and adopted a 109-point Indigenous Peoples Earth Charter.
Under item 45 of the Indigenous Peoples Earth Charter, signatories agreed that "toxic wastes must not be deposited in our areas. Indigenous Peoples must realize that chemicals, pesticides and hazardous wastes do not benefit the People."
DEFICIENCIES, GAPS AND CONSTRAINTS WITHIN CHAPTER 20
This chapter in Agenda 21 may be criticized on the grounds that recommended activities give too much responsibility to governments over local communities, NGOs, indigenous peoples, and institutions involved in the management of hazardous wastes. For example, with regard to the cause and resolution of hazardous waste problems, community organizations are considered rather passively (see 20.18.c, 20.27.a.b.c.), as opposed to the very active role expected of governments and industry. Similarly, almost all of the recommended activities are directed at dealing with hazardous wastes produced by large corporations (20.1). Environmental problems derived from hazardous wastes produced or managed by local small and medium industries are given minimal consideration, and yet collectively, they contribute considerably to the hazardous waste problem.
The chapter may also be criticized on the grounds that the recommended activities are centred around the command and control approach to management of hazardous wastes as opposed to research, remediation and public mobilization activities. It should be said that the chapter does provide some positive support for recycling activities.
Some NGOs have stated that the chapter discusses mainly solid or sludge wastes and generally overlooks significant contributors to environmental degradation in the form of persistent and bio-accumulative substances. Some NGOs have also criticized chapter 20, believing that it often deals with only one aspect of the problem. For example, much of chapter 20 deals with hazardous wastes produced by large corporations. Problems derived from hazardous wastes produced or managed by small and medium industries were not given much attention or emphasis. More generally, but related to chapter 20, NGOs felt that the separation of the waste issues into separate chapters was not beneficial, detracted from consideration of the entire waste issue, and lost the linkages between the various types of wastes. In particular the separation of hazardous waste, toxic chemicals and radioactive wastes was questioned in that they are related both in nature and remediation approaches. This concern is emphasized in that the four chapter on waste were not consistent in their general approach or specific actions recommended, despite their similarities. In addition, not only were the waste issues discussed in isolation of each other, but there was inadequate discussions of other Agenda 21 issues, (such as freshwater, atmosphere, technology transfer, and financial resources), which are strongly related to the issue of hazardous wastes.
COMPARISON BETWEEN CURRENT CANADIAN GOVERNMENT POLICY AND COMMITMENTS MADE
In Canada, hazardous wastes are controlled through the Export or Import of Hazardous Waste Regulations under the Canadian Environmental Protection Act (CEPA). Although Canada, along with 33 other countries, has ratified the Basel Convention (the Global Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal) as called for in Agenda 21, many of Canada's large trading partners, such as the United States and the EEC, have not. The reason ratification has not taken place is that these countries do not yet have the necessary domestic legislation in place.
Chapter 20's third and fourth program areas fall within federal jurisdiction and are under the purview of the Export or Import of Hazardous Waste Regulations. With regard to the first and second program areas, the federal government, in cooperation with provincial governments through the CCME and under the Green Plan, is working with industry to reduce hazardous waste destined for disposal (landfilling and incineration) by 50% by the year 2000. In addition, non-legally binding federal guidelines are being developed by the federal government to promote strengthened institutional capacities in hazardous waste management as described under the second program area.
This chapter does not commit Canada to anything new with respect to hazardous waste management. Canada has already committed itself to the goals of this chapter through the Green Plan, OECD and UNEP. For example, the emphasis placed on minimizing the generation of hazardous wastes is addressed in the Green Plan and the control of transboundary movements of hazardous wastes is covered under the Export or Import of Hazardous Waste Regulations.
Notwithstanding that Canada is already meeting its Agenda 21 commitments with respect to hazardous wastes, the activities recommended in this chapter and the contents of domestic legislation, will have a strong impact on Canadian industry. The push toward the adoption of "clean technologies", for instance, will have an effect on certain sectors of the Canadian economy, depending on how and when they are adopted and how "clean" is defined.
Chapter 20 emphasizes the use of economic instruments to prevent pollution and the "polluter pays" principle for remediating damages caused by hazardous wastes. This emphasis is consistent with Agenda 21's reliance on market forces to enable the transition to global sustainable development.
CANADIAN ACTIVITIES EVOLVING THROUGH THE SUSTAINABILITY PROCESS
The Hazardous Waste Minimization Committee (HWMC)
This industry-led group with government representation, has been established to design and implement action plans directed at helping to meet Canada's target of reducing hazardous waste destined for disposal by 50% by the year 2000. The HWMC is a voluntary initiative made possible through the cooperation of stakeholders from industry, federal and provincial governments, environmental groups and labour.
Major Industrial Accidents Council of Canada (MIACC)
MIACC is an organization funded by both government and industry that is undertaking activities to improve the management of hazardous wastes. Specifically, its mandate is to facilitate consultative processes between industry and government stakeholders, with the objective of reducing the number of accidents involving hazardous wastes.
Canadian Chemical Producer's Association (CCPA)
Many initiatives by industry, including the Responsible Care Program of the Canadian Chemical Producers Association and the New Directions Group formed in September 1991,
have established action plans to reduce and eliminate toxic substances emissions.
The Ontario Waste Management Corporation (OWMC)
The OWMC is provincial Crown agency which offers an on-site technical assistance program to generators of hazardous and liquid industrial waste in Ontario. Since 1990, OWMC has completed 21 projects with clients in 10 industry sectors, and provided short-term assistance, such as technical information and waste reduction advice to 130 other companies. Results to date include the reduction and/or recycling of 4,600 tonnes per year of hazardous and liquid industrial waste, and the reduction of more than 94,000 tonnes of wastewater discharges.
Canadian Council of Ministers of the Environment (CCME)
In conjunction with the Canadian Council of Ministers of the Environment (CCME), the Department of the Environment (DOE) is preparing a comprehensive national inventory of hazardous waste, which will be used as a basis to monitor the progress of waste reduction programs.
In 1993 the CCME re-established its Hazardous Waste Task Force to promote the uniform management of hazardous wastes across Canada. As part of its hazardous waste plan, the CCME is cataloguing hazardous waste facilities in Canada.
Quebec Minister of the Environment (MENVIQ)
MENVIQ is developing programs to maximize the reuse and recycling of hazardous wastes, and will modify its hazardous waste regulations in 1994.
Manitoba Hazardous Waste Management Corporation (MHWMC)
The MHWMC is in the process of constructing a central treatment, storage and transfer facility in Manitoba. There are already several small treatment/storage facilities located in the province.
Province of British Columbia
In 1992, the government of B.C. created the Toxics Reduction Branch, whose mandate is to implement strategies focused on reduction of hazardous waste with a long term goal of zero pollution from all sources.
Canadian Environmental Network (CEN)
The Canadian Environmental Network has a national waste caucus which focuses on lobbying, educating and researching issues surrounding waste. One of its focuses consultation and education has been the transboundary movement of hazardous waste.
The New Directions Group
The New Directions Group, composed of senior representatives from industry and environmental groups, has worked on the issues of environmental cleanup.
Province of New Brunswick
New Brunswick is currently developing regulations to manage hazardous waste in that province and create a tracking system which will include a manifest database.
Inuit Tapirisat of Canada
Indigenous groups, such as the Inuit Tapirisat of Canada, are developing integrated waste management strategies which are directed at such areas as household hazardous waste and abandoned military hazardous waste in Canada's northern communities.
OTHER RELEVANT INTERNATIONAL SUSTAINABILITY-RELATED FORA
International Chamber of Commerce (ICC)
Organization for Economic Cooperation and Development (OECD) Waste Management Policy Group and Pollution Prevention and Control Group
The United Nations Environment Program (UNEP)
SUGGESTED READINGS AND INFORMATION SOURCES
Government of Canada, Canada's Green Plan, (Ottawa: Environment Canada, 1990).
. Canada's Green Plan and the Earth Summit, (Ottawa: Environment Canada, 1992).
. Canada's National Report: United Nations Conference on Environment and Development Brazil, June 1992, (Ottawa: Environment Canada, 1991).
Inform Inc. Cutting Chemical Wastes: What 29 Organic Chemical Plants are Doing to Reduce Hazardous Wastes,(David Saroking, editor) (New York:1985).
International Development Research Centre (IDRC). Agenda 21: Abstracts, Reviews, and Commentaries, (Theodora Carroll-Foster, editor), (Ottawa: IDRC, 1993).
Keating, Michael. Agenda for Change: A Plain Language Version of Agenda 21 and the Other Rio Agreements, (Geneva: Centre for Our Common Future, 1993).
National Round Table on the Environment and the Economy (NRTEE). The National Waste Reduction Handbook, (Ottawa: NRTEE, 1991).
Ontario Waste Management Corporation (OWMC), Waste Audit and Reduction Manual, (Toronto: OWMC, 1989).
Pollution Probe Foundation, Profit from Pollution Prevention, (Toronto: Pollution Probe, 1991).
World Commission on Environment and Development. Our Common Future, (Oxford: Oxford University Press, 1987)
Yakowitz, H. Policy Issues Associated with Transfrontier Movement of Hazardous Wastes, (Paris: Organization for Economic Cooperation and Development, 1984).
Information Sources:
Canadian Chemical Producer's Association (CCPA), 350 Sparks Street, Suite 805, Ottawa, Ontario, K1P 6N4, tel (613) 230-6215, fax (613) 237-7643.
Canadian Council of Ministers of the Environment (CCME), 326 Broadway, Suite 400, Winnipeg, Manitoba, R3C 0S5, tel (204) 948-2090, fax (204) 948-2125.
Canadian Environmental Network (CEN), P.O. Box 1289, Station B, Ottawa, Ontario, K1P 5R3, tel (613) 563-2078, fax (613) 563-7236.
Environment Canada, Office of Waste Management, Hazardous Waste Management Division, Place Vincent Massey, 351 St. Joseph Boulevard, 12th floor, Hull, Quebec, K1A 0H3, tel (613) 953-1390, fax (613) 997-3068.
International Chamber of Commerce (ICC), 38, Cours Albert 1er, 75008, Paris, France, tel (33-1) 49-53-28-28, fax (33-1) 42-25-86-63.
Inuit Tapirisat of Canada, 170 Laurier Avenue West, Suite 510, Ottawa, Ontario, K1P 5V5, tel (613) 238-8181, fax (613) 234-1991.
Major Industrial Accidents Council of Canada (MIACC), 265 Carling Avenue, Suite 600, Ottawa, Ontario, K1S 2E1, tel (604) 232-4435, fax (613) 232-4915.
Manitoba Hazardous Waste Management Corporation (MHWMC), 530 Century, Winnipeg, Manitoba, R3H 0Y4, tel (204) 945-1844, fax (204) 945-1844.
Ontario Waste Management Corporation (OWMC), 2 Bloor Street, Toronto, Ontario, tel (416) 923-2918, fax (416) 923-7521.
Pollution Probe, 12 Madison Avenue, Toronto, Ontario, M5R 2S1, tel (416) 926-1907, fax (416) 926-1601.
Cite as: Projet de société: Canada and Agenda 21.Winnipeg: IISD, 1995. Online. Internet. http://iisd.ca/worldsd/canada/projet/c20.htm.
