Question Categories:
In addition to the FAQs below, please also see the questions and answers in: Understanding the Consolidated MHSW Program: A handbook for companies that may be obligated under the program
Program Overview
What’s different about the new consolidated MHSW program?
- The number of materials designated under the program has expanded from nine in Phase 1 to 22 in the consolidated program. In addition, some of the material categories designated in Phase 1 have been expanded in the consolidated program, e.g. pesticides, fertilizers, paints and coatings, and batteries
- The program now encompasses full extended producer responsibility, which means stewards of the designated materials are obligated to pay 100 per cent of the full program costs compared to approximately 80 per cent under Phase 1 of the program (post-collection costs only). Steward fees will pay for all program costs from collection to recycling or final disposal.
- Under the consolidated program, consumers will find more convenient locations and more opportunities to recycle their municipal hazardous and special waste.
Designated Materials
1) What are the designated products under the consolidated MHSW program?
The 22 Designated Materials*:
- Aerosols
- Antifreeze1
- Batteries - Consumer-Type-Portable (single use dry cell)
- Batteries - Rechargeable
- Batteries - Industrial Stationary and Non-Lead Acid Motive2
- Corrosives (includes irritants)
- Fertilizers1
- Fire Extinguishers (portable)
- Flammables1 (includes solvents)
- Fluorescents (user removed)
- Fluroescents (embedded in designated EEE)
- Leachates
- Mercury Devices (includes measuring devices, switches and thermostats)
- Oil Containers
- Oil Filters
- Paint and Coatings1
- Pesticides, Fungicides and/or Herbicides1
- Pharmaceuticals
- Pressurized Containers
- Reactives
- Sharps and Syringes
- Toxics
Material Notes:
Updated January 28, 2010 to better reflect category groupings, e.g., all mercury devices are now grouped together as one category with five subcategories.
* Obsolete Materials: A number of materials designated under the consolidated program may no longer be supplied for sale or use in Ontario (e.g., banned pesticides, mercury switches and mercury-containing measuring devices). These are referred to as ‘obsolete’ waste. Companies which produced products that generate obsolete waste are still obligated to register with Stewardship Ontario, even though they have ceased to supply this material for sale or use in Ontario. This is because some of these materials will be returned for collection and safe disposal.
1) Phase 1 stewards note, the definition has been expanded for these Phase 1 materials.
2) Non-lead acid motive means batteries that are used for automotive and other power applications (e.g., in the rail, marine and aircraft industries). |
2) Will fertilizer and pesticide stewards be required to discharge their obligation based on market share or return share?
- Under the consolidated MHSW plan that was approved by the Minister of the Environment on September 22, 2009, the obligation of both fertilizer and pesticide stewards is to be assessed on a return share basis (also referred to as “measured return share”).
- However, as stated in the plan, Stewardship Ontario intends to set a fee rate for those fertilizers and pesticides not affected by the April 22nd ban on the sale of certain pesticides.
- This means that non-banned pesticides and “naturally-derived” and “synthetically-derived” fertilizers will have a fee rate set after stewards have reported their 2009 sales data in March 2010. This updated fee schedule will be communicated to stewards by June 30th 2010.
- The obligation of stewards of “banned” fertilizers and pesticides under the consolidated plan will be assessed on a return share basis.
- Note regarding Phase 1 Program. Under the 2010 Phase 1 Rules, the obligation for Phase 1 fertilizer and pesticide stewards was originally to be assessed based on market share. However, these Rules have been amended to base this obligation on return share. These amendments were approved by both the Stewardship Ontario Board and the Waste Diversion Ontario Board and communicated to stewards on December 17, 2009.
To summarize:
- January 1, 2010 to June 30, 2010: Phase 1 fertilizer and pesticide stewards will discharge their obligation based on return share calculation.
- July 1, 2010 forward: All stewards (i.e., stewards under the consolidated program) of products not affected by the ban will pay set fees (fee information will be sent by June 30, 2010). Stewards of products affected by the ban will continue discharging their obligation using a return share calculation.
Product-specific
1) Embedded Products
My company imports electronic equipment that has batteries/fluorescent lamps inside, do we pay fees under the Waste Electronic and Electrical Equipment (WEEE) program or under the consolidated MHSW program?
- Your company must register and pay fees under the WEEE program for the designated electronic and electrical equipment products.
- You must also register under the consolidated MHSW program for batteries, fluorescents lamps or any other designated materials that are embedded in WEEE or other products.
2) Aerosol containers
Paint and solvent products packaged in an aerosol container were included under paints and coatings and solvents respectively in MHSW Phase 1, but under the consolidated MHSW program they are a unique category. What does this mean as a steward obligated under Phase 1?
- Under the consolidated MHSW program, aerosol containers are a unique category capturing all aerosols regardless of their initial content.
- During the first two quarters of 2010, the 2010 Phase 1 Rules and fee schedule for paint and solvent aerosols will apply to Phase 1 stewards obligated for those two materials. On July 1, 2010, when the consolidated MHSW program begins, the new fee schedule and Steward Rules will apply. Paint and solvent aerosol stewards will then report and pay fees under the aerosol category. Stewardship Ontario will advise stewards of the updated fee schedule by June 30, 2010.
- Stewardship Ontario will recalculate stewards’ fees in the spring 2010, based on the information provided in stewards’ 2009 sales reports which are to be submitted to Stewardship Ontario by March 31, 2010.
What does this mean for an aerosol steward that is already reporting and paying fees under the Blue Box program?
Stewards of aerosol containers are obligated for Blue Box fees on the first six months (January 1st to June 30th, 2010) of the 2010 obligation year under the Blue Box program, as well as for fees for the second six months (July 1st to December 31st, 2010) under the consolidated MHSW program. Stewardship Ontario is currently reviewing the options for reporting and paying the fees under the Blue Box Program to ensure the correct payment of appropriate fees. Steward guidebooks will be amended and stewards will be notified when a final decision is made.
3) Materials that Fall Under Two Categories
The product my company supplies into Ontario fits into two categories (e.g., an insecticide in an aerosol container). How will this be handled?
- Stewardship Ontario has developed a process for making a decision about MHSW materials with multiple properties. The broad principle guiding the reporting criteria is how that product is handled at the end of its life. The following specific reporting Steward Rules have been established to date:
- all products packaged in an aerosol container report in the aerosol category (includes paints, solvents, pesticides, pharmaceuticals, etc.).
- medical inhalers are to be reported in the pharmaceutical category
- For further information, please refer to “Decision Process for MHSW with Multiple Properties”
4) Units of Measure
I am a pharmaceutical steward, how am I supposed to determine quantity supplied for use (e.g., by number of pills, by dosage)?
- Pills can be reported in one of two ways according to Steward preference
- 1) By number of pills. Stewardship Ontario will then convert the number of pills to a weight-based measure using the following assumptions
- Average weight of a prescription pill: 0.4 grams
- Average weight of a non-prescription pill and Natural Health Product pill: 0.8 grams
- 2) By weight. Stewards can report the weight of pills under the “Solids by weight” sub-category (see below*)
- Solids are to be reported by weight in grams. Solids include creams, pills (*as noted above), granules or powders etc.)
- Liquids to be reported in milliliters
- Medical inhalers to be reported in units
5) Antifreeze
Has the antifreeze definition changed from the Phase 1 program and when does this change take effect?
The antifreeze definition has expanded to include both packaged and bulked material. Originally, the inclusion of bulked antifreeze was to take effect on January 1, 2010, under the Phase 1 2010 Rules. These Rules have since been amended to defer fee payments on bulked antifreeze until the consolidated MHSW Program begins on July 1, 2010.
Other phase 1 materials (pesticides, fertilizers, paints and coatings, and batteries) also have an expanded definition under the consolidated MHSW program.
6) Batteries
As Phase 1 stewards, we have been using the battery worksheet provided by Stewardship Ontario to report our quantity of batteries supplied for use into the market. The worksheet converts our unit battery quantities by battery type and chemistry into weight. Will we be able to do the same under the consolidated program?
Under the consolidated program, the fee rate for all batteries (both single-use and rechargeables) is weight-based. Stewardship Ontario will continue to provide stewards who wish to report their sales in unit instead of weight with a worksheet tool to do so. This tool will build on the existing Phase 1 worksheet and will include conversion factors for the additional battery types (i.e. rechargeable) that come on board July 1st.
Fees & Program Costs
1) How will fees be set and calculated under the new consolidated MHSW program?
- Fees are calculated by dividing the total estimated cost to manage each Municipal Hazardous and Special Material (MHSM) category by the estimated quantity supplied for sale or use in the Ontario market.
- Fees will be levied on individual stewards based on the reported quantity of MHSM supplied for use or sale.
- The total cost of managing each MHSM category is made up of the following cost categories:
- costs common to all materials
- material–specific costs related to operational activities such as collection, transportation, processing, research and development etc.
- contingency costs, built in to protect Stewardship Ontario in case of variance from forecast amounts (both on cost and sales)
- deficit recovery – to deal with deficit/surplus in 2008/09 program – for Phase 1 materials only
Why must stewards pay fees in advance?
Stewardship Ontario is legally required to ensure that collection, transportation and processing and/or safe disposal opportunities are in place for the designated waste by July 1, 2010. The fees are collected one quarter in advance to ensure the funds are available to cover the costs of setup, administration and ongoing delivery of the program.
Timelines for reporting sales data and remitting fees:
- By March 31, 2010 stewards must register and report quantities for all 4 quarters of 2009. This data will be used to update the fee schedules that are in the consolidated MHSW Program Plan (will be published by June 30, 2010).
- By July 31, 2010 stewards must:
- Report Q2 sales data for all designated materials sold between April 1 and June 30, 2010 (Q2 data). This data will be used to generate the invoice for Q3 (July 1 – September 30, 2010) obligation period. The invoice will reflect the updated fee schedule to be published by June 30, 2010.
- Pay Q3 invoice. As noted above, the invoice will be based on the reported Q2 sales data and will reflect fees in the updated fee schedule.
3) How does the return share model work?
- The cost to manage certain materials will be recovered by Stewardship Ontario through a “return share” (also referred to as “measured return share”) model (as opposed to a fee-based model)
- It applies to materials where sufficient data was not available to set accurate fees; and to obsolete products that are no longer being sold. It applies to toxics, reactives and leachates, banned pesticides and fertilizers, mercury switches and mercury measuring devices.
- Stewardship Ontario will be conducting research and analysis throughout the year (i.e. sampling studies in the short term, and every quarter) to determine quantities of materials collected under the consolidated MHSW program.
- Costs for collection, consolidation, transportation, recycling or disposal will then be allocated to the appropriate steward(s) of these obsolete materials. Stewardship Ontario will divide the weight of the designated MHSW for each steward by the total weight of the designated MHSW collected over the quarter, multiplied by 100.
4) How can I find out how much my company’s fees will be?
- In the consolidated MHSW Program Plan there is a preliminary schedule of fees. However, it is expected that many of these fees will be amended based on the 2009 sales data to be provided by stewards by March 31, 2010.
- The recalibrated fees for all material categories will be provided to stewards by June 30, 2010, before the program begins.
5) Where can I find out more about fees?
6) When does my company have to start paying fees for the materials in the consolidated plan?
Phase 1 Stewards
1) My company is obligated under Phase 1 and has no additional obligations under the new consolidated plan, will my fees change?
- Phase 1 materials have now been incorporated into the consolidated MHSW Program.
- Under the consolidated MHSW Program stewards of the designated materials (including Phase 1 materials) are obligated to pay 100 per cent of full program. Under Phase 1, stewards paid approximately 80 per cent of the costs (i.e. post collection costs only).
- The consolidated MHSW Program Plan contains a preliminary schedule of fees. It is expected that many of these fees will be amended based on the 2009 sales data provided by stewards by March 31, 2010. The recalibrated fees for all material categories will be provided to stewards by June 30, 2010 before the program begins.
- Click here to view the 2010 Rules for Stewards.
2) I am a Phase 1 Steward and have obligations under the consolidated program, do I stop paying Phase 1 fees?
- As a Phase 1 MHSM Steward, you will be required to file and pay appropriate Phase 1 fees as usual for the period January 1 to June 30, 2010. Click here to view the MHSW Phase 1 2010 Rules (fees included).
- Also, please review the consolidated MHSW Key Dates & Requirements including filing deadlines.
3) We understand MHSW Phase 1 has a deficit, how will this be handled?
- The shortfall is due to a combination of fee revenues being lower than forecast and costs similar or higher than predicted. The deficits (and surpluses) are tracked on a material by material basis.
- Stewardship Ontario must recover its shortfall in the upcoming year. Fees have been set to recover existing operating deficit and to allow for pay-back of the loan from the Blue Box program which was used to cover the start up costs of the program. The fees reflect the material specific deficit (and credits).
- For a full discussion about deficit recovery, please see the Consolidated MHSW Program Plan, Volume 1, Section 7.4.
4) As Phase 1 stewards, we have been using the battery worksheet provided by Stewardship Ontario to report our quantity of batteries supplied for use into the market. The worksheet converts our unit battery quantities by battery type and chemistry into weight. Will we be able to do the same under the consolidated program?
Under the consolidated program, the fee rate for all batteries (both single-use and rechargeables) is weight-based. Stewardship Ontario will continue to provide stewards who wish to report their sales in unit instead of weight with a worksheet tool to do so. This tool will build on the existing Phase 1 worksheet and will include conversion factors for the additional battery types (i.e. rechargeable) that come on board July 1st.
5) We have heard that Industry Stewardship Plans (ISPs) have been proposed for some materials. What does this mean for consolidated MHSM stewards?
Consolidated MHSM stewards have two options by which they can discharge their legal obligation under the Waste Diversion Act:
- Register, report data and pay fess to Stewardship Ontario, or
- Make application to Waste Diversion Ontario (WDO) for approval of an Industry Stewardship Plan (ISP) or join an approved ISP
To date, there are two ISP proposals:
- The Rechargeable Battery Recycling Corporation of Canada (“RBRCC”) ISP for portable consumer type batteries - the final ISP was submitted to WDO on July 30 2009.
- The Heating, Refrigeration and Air Conditioning Institute of Canada (HRAI) ISP for mercury-containing thermostats - the final ISP was submitted to WDO on
December 8, 2009.
Once an ISP is approved, stewards who join the ISP no longer have any reporting requirements or fee payment requirements to Stewardship Ontario. At this time, it is not known whether and when these ISPs will be approved.
Key Dates & Requirements
What is the start date for the consolidated MHSW program and what are the other key dates?
Steward Registration
How do I register as a Steward?
- Stewards should register online line at ‘WeRecycle.’
- Guidebooks are also available for all stewards.
I’m having trouble filing my March Report, where can I get help?
There are guidebooks available online including one specifically designed to help you file your March report. Click here for more information.
I’m having trouble accessing WeRecycle, what am I doing wrong?
The WeRecycle website uses pop-ups and JavaScript to deliver information and interact with users. You may need to take steps to allow pop-ups from Stewardship Ontario. Click here for instructions on how to do this.
Municipal Service Providers
Questions and Answers from December 8, 2009 Vendor Standards Webcast
Municipal Collection Sites/Events
1. Will Stewardship Ontario cover the cost for municipalities to collect, transport and dispose Municipal Hazardous and Special Waste (MHSW)?
In the consolidated MHSW Program, Stewardship Ontario will enter into contracts with municipalities to provide compensation for collection and post-collection costs for MHSW. These are defined in the Final Consolidated MHSW Program Plan – July 30, 2009. Compensation will be based on a contract negotiated between the municipality and Stewardship Ontario.
2. Will municipalities need a new Shared Responsibility Agreement (SRA) with Stewardship Ontario before the consolidated MHSW Program launches on July 1, 2010?
Yes. Beginning on July 1, 2010 municipalities will need a new SRA to accommodate program costs under the consolidated MHSW Program. If no new agreement is in place before this program begins, the existing SRA will remain in effect until the end of the current agreement, which is June 30, 2011. If you have any questions about existing or new contracts or agreements, please contact Stewardship Ontario by email at serviceprovider@stewardshipontario.ca or by phone at 1-888-288-3360.
3. When will the new Shared Responsibility Agreement (SRA) be available for the consolidated phase?
Stewardship Ontario will negotiate the actual work scope with each municipal partner based on its input, abilities and interests. Please contact us if you have any questions. You can reach us by email at serviceprovider@stewardshipontario.ca or by phone at 1-888-288-3360.
4. Our municipality operates under an existing contract with a Household Hazardous Waste (HHW) service provider. How should we proceed?
We suggest that you maintain the existing contract until you have reached a new agreement with Stewardship Ontario. During negotiations for your new agreement, you will be able to establish next steps for the existing contract. Please contact Stewardship Ontario by email at serviceprovider@stewardshipontario.ca or by phone at 1-888-288-3360.
5. Would Stewardship Ontario consider taking over the responsibility to co-ordinate our municipality’s MHSW collection events after July 1, 2010 and if so, will additional days and times be established?
- Stewardship Ontario would like to establish a regionally-based and coordinated event program and we are developing a transition plan for events in 2010. We also intend to explore funding for 2010 and the role of municipal partners and our organization for rolling out events in 2011.
- Stewardship Ontario would consider assuming responsibility for municipal MSHW collection events but cannot put in place agreements for this until after the consolidated program launches on July 1, 2010. Event planning, organization, contracting with service provider(s), and promotion and education activities would begin after that date which may result in a limited scope for and reduced access to your 2010 program.
- Wherever possible, we would encourage municipal partners to maintain the ‘status quo’ and to organize and deliver MHSW collection events through 2010 (based on negotiated compensation for these activities). If your municipality wishes to divest this role in the future, we will work with you to establish a plan to maintain MHSW Program access to meet or exceed current levels of service.
Collection Sites and Events - General
1. How will collection sites be established?
Stewardship Ontario will review responses to the Request for Expressions of Interest for service providers and negotiate with municipalities and other service providers to contract for these services and define roles and responsibilities.
2. How will the post-collection costs be managed?
Post-collection costs (i.e., transportation, disposal/recycling) for defined MHSW will be managed by Stewardship Ontario. We will either compensate the municipality for costs incurred with an existing service provider(s) or provide direct compensation to the service provider. Compensation arrangements will vary, depending on each municipality and service provider.
3. How will Stewardship Ontario decide whether a given depot or municipal or non-municipal event will be funded, compensated or supported?
In the consolidated MHSW Program, Stewardship Ontario is required to meet comprehensive accessibility targets. We intend to continue successful partnerships with municipalities to help meet the targets and expand relationships with other potential service providers who will help achieve the accessibility goals.
Based on responses to the Request for Expressions of Interest (REOI) for service providers, responses to Requests for Proposals/Quotations, and on negotiations with all service providers, we will assess each depot and collection event to determine whether accessibility criteria are met.
4. Our firm is an Ontario Electronic Stewardship (OES) approved collector, transporter, and consolidator. Does this mean we can also be a Service Provider for Stewardship Ontario or do we need to have a separate agreement?
The two programs are separate and are operated by different organizations, therefore a separate agreement will be needed with Service Ontario. Please feel free to contact us by email at serviceprovider@stewardshipontario.ca or by phone at 1-888-288-3360.
5. Our municipality contracts privately for mobile Household Hazardous Waste (HHW) collection events and to operate an HHW depot. We would like to maintain these two services when the consolidated phase begins. Do we need a separate collection arrangement?
Yes, a separate collection agreement will be required. Please contact Stewardship Ontario by email at serviceprovider@stewardshipontario.ca identifying what role you would like to play in the delivery of the consolidated MHSW program. You can also call us at 1-888-288-3360.
Stewardship Ontario has started contacting municipal programs with a Shared Responsibility Agreement to discuss the transition of roles and/or established contracts for collection services. Municipalities may contact us at any time to express interest in starting this process, schedule meetings and to answer any questions.
