Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Wastewater Systems Effluent Regulations (SOR/2012-139)

Regulations are current to 2024-06-11 and last amended on 2024-05-27. Previous Versions

PART 1Authorization to Deposit (continued)

Volume of Effluent

Marginal note:Average daily volume deposited annually

  •  (1) The owner or operator of a wastewater system must, for each calendar year, calculate the average daily volume of effluent deposited via all of the system’s final discharge points by

    • (a) determining, in accordance with subsection (2), for each day during that calendar year when effluent was deposited, the volume of effluent deposited via each of the final discharge points, expressed in m3;

    • (b) calculating the sum of the daily volumes of effluent of all of the discharge points referred to in paragraph (a); and

    • (c) dividing that sum by the number of days in that calendar year.

  • Marginal note:Daily volumes

    (2) The volume of effluent during each day referred to in paragraph (1)(a) must be determined

    • (a) for an intermittent wastewater system,

      • (i) by using monitoring equipment referred to in section 9 that provides

        • (A) a continuous measure of the volume of influent, or effluent deposited via the final discharge point, during that day, or

        • (B) a measure of the rate of flow of the influent or that effluent upon which that daily volume may be estimated, or

      • (ii) by using a method of estimation in accordance with subsection (4);

    • (b) for a continuous wastewater system,

      • (i) by using monitoring equipment referred to in section 9 that provides

        • (A) a continuous measure of the volume of influent, or effluent deposited via the final discharge point, during that day, if the average daily volume of effluent deposited via all final discharge points during the previous calendar year was more than 2 500 m3, or

        • (B) a continuous measure of the volume of influent or effluent deposited over this day, or a measure of the rate of flow of that influent or effluent, that allows for the daily volume of effluent to be estimated, if the average daily volume of effluent deposited via all final discharge points during the previous calendar year was 2 500 m3 or less, or

      • (ii) by using a method of estimation in accordance with subsection (4) if

        • (A) a transitional authorization has been issued under subsection 26(1) in respect of the continuous wastewater system, and

        • (B) the average daily volume of effluent deposited via all final discharge points during the previous calendar year was less than 2 500 m3.

  • Marginal note:Daily volume estimate — rate of flow

    (3) For the purpose of paragraph (1)(a), if the owner or operator estimates the daily volume of effluent deposited via the final discharge point based on the measured rate of flow referred to in clause (2)(a)(i)(B) or (b)(i)(B), the estimation is to be done as follows:

    • (a) measure the rate of flow of influent, or effluent deposited via the final discharge point, in any chosen unit of volume for any chosen unit of time; and

    • (b) calculate that volume based on that rate of flow for the duration of the deposits of effluent made on that day and, if applicable, convert it to m3.

  • Marginal note:Method of estimation

    (4) The owner or operator of a wastewater system who has established a method of estimation of the volume of effluent must ensure that it is based on generally accepted engineering practices and use it to estimate the daily volume of effluent deposited via the final discharge point with a margin of error of ±15%.

Marginal note:Default measurement

  •  (1) If the average daily volume of effluent deposited via the final discharge point of a wastewater system for a previous calendar year cannot be determined under paragraph 7(2)(a) or (b), as the case may be, that average daily volume must be determined on the basis of the system’s average design rate of flow of influent.

  • Marginal note:One-time use of default measurement

    (2) If subsection (1) has been applied in respect of a wastewater system for a calendar year, it is not to be applied in respect of the wastewater system for any subsequent calendar year.

Monitoring

Monitoring Equipment

Marginal note:Requirements

  •  (1) The owner or operator of a wastewater system must install monitoring equipment that provides a continuous measure of the daily volume or of the rate of flow of the influent or effluent.

  • Marginal note:Maintenance

    (2) The owner or operator must maintain the monitoring equipment so that it may be used to determine the volume of effluent deposited via the final discharge point.

  • Marginal note:Calibration

    (3) The owner or operator must calibrate the monitoring equipment in accordance with the recommendations of the manufacturer or licensed professional or, in the absence of such recommendations, must calibrate the equipment at least once in every calendar year and at least five months after the most recent calibration.

  • Marginal note:Accuracy

    (4) The monitoring equipment must determine the volume or rate of flow with a margin of error of ±15%.

Composition of the Effluent

Marginal note:Taking of samples — intermittent wastewater system

  •  (1) The owner or operator of an intermittent wastewater system must, during each period referred to in paragraph 3(a), take at each of the system’s final discharge points a grab or composite sample of effluent at the following minimum frequencies:

    • (a) if the period is more than 30 days, every two weeks, at least seven days after the previous sample; and

    • (b) if the period is 30 days or less, once.

  • Marginal note:Taking of samples prior to deposit

    (2) Despite subsection (1), if a grab or composite sample of effluent has been collected at a sampling location referred to in subsection (5) within two weeks of the period referred to in paragraph 3(a) for the government of the province where the wastewater system is located or under an Act of Parliament, and if the determinations referred to in subsection (6) and, if applicable, paragraph 38(b) were made, the owner or operator of a system is not required to take a sample during the first 30 days of deposit and may use the results of the determinations made on the sample of effluent collected prior to deposit.

  • Marginal note:Taking of samples — continuous wastewater system

    (3) The owner or operator of a continuous wastewater system must take at each of the system’s final discharge points, during each calendar year, a sample of effluent of the type set out in column 2 of the table to this subsection that corresponds to the average daily volume of effluent set out in column 1 that is deposited via all final discharge points during the previous calendar year and must do so at the frequency set out in column 3.

    TABLE

    ItemColumn 1Column 2Column 3
    Average Daily Volume, Deposited (m3)Type of Sample To Be TakenMinimum Sampling Frequency
    1≤ 2 500Grab or compositeMonthly, with each sample taken at least 10 days after any previous sample
    2> 2 500 and ≤ 17 500CompositeEvery two weeks, but at least seven days after any previous sample
    3> 17 500 and ≤ 50 000CompositeWeekly, with each sample taken at least five days after any previous sample
    4> 50 000CompositeThree days per week, with each sample taken at least one day after any previous sample
  • Marginal note:Sampling and frequency — exception

    (4) Despite subsection (3), the owner or operator of a continuous wastewater system with a hydraulic retention time of five or more days, or of a continuous wastewater system that is the subject of a transitional authorization, may

    • (a) take a grab or composite sample at each of the system’s final discharge points; and

    • (b) reduce the minimum sampling frequency to quarterly, with each sample taken at least 60 days after the previous sample, if the system deposited via all of its final discharge points an average daily volume of less than or equal to 2 500 m3 of effluent during the previous calendar year.

  • Marginal note:Taking of samples — other sampling location

    (5) Despite subsections (1) and (4), the owner or operator of an intermittent wastewater system, or of a continuous wastewater system with a hydraulic retention time of five or more days, may take a grab or composite sample of effluent at a sampling location other than the final discharge point if the sampling location yields a representative sample as if the sample had been collected at the final discharge point and if the sampling location and sampling procedure are determined by a licensed professional.

  • Marginal note:Determination — certain deleterious substances

    (6) The owner or operator must, for each sample referred to in subsection (1) to (4), determine or cause the determination of the following elements:

    • (a) the carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent, in accordance with section 12; and

    • (b) the concentration of suspended solids in the effluent, in accordance with section 13.

Acute Lethality Testing

Marginal note:Taking of samples — intermittent wastewater system

  •  (1) The owner or operator of an intermittent wastewater system must take at each of the system’s final discharge points, for each period referred to in paragraph 3(a) during each calendar year, a grab sample of effluent on the day a deposit begins if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was more than 2 500 m3.

  • Marginal note:Taking of samples — continuous wastewater system

    (2) The owner or operator of a continuous wastewater system must take at each of the system’s final discharge points, during each calendar year, a grab sample of effluent at the minimum sampling frequency set out in column 2 of the table to this subsection that corresponds to the average daily volume of effluent set out in column 1 deposited via all of the system’s final discharge points during the previous calendar year.

    TABLE

    ItemColumn 1Column 2
    Average Daily Volume Deposited (m3)Minimum Sampling Frequency
    1> 2 500 and ≤ 50 000Quarterly, with each sample taken at least 60 days after any previous sample
    2> 50 000Monthly, with each sample taken at least 21 days after any previous sample
  • Marginal note:Acute lethality

    (3) For each sample taken under subsection (1) or (2), the owner or operator must determine or cause the determination of whether it is acutely lethal in accordance with section 15.

  • Marginal note:Additional tests

    (4) If a sample is determined to be acutely lethal, the owner or operator must take a grab sample without delay, and then subsequently once every two weeks, but at least seven days after the previous sample, and determine or cause the determination of whether it is acutely lethal in accordance with section 15.

  • Marginal note:Consecutive samples — not acutely lethal

    (5) If three consecutive samples taken in accordance with subsection (4) are determined not to be acutely lethal, subsections (1) to (3) apply to subsequent samples.

  • Marginal note:Subsequent samples

    (6) For greater certainty, subsection (4) applies to any subsequent sample referred to in subsection (5) that is determined to be acutely lethal when tested under subsection (3).

  • Marginal note:Change in sampling frequency

    (7) The minimum sampling frequency set out in column 2 of the table to subsection (2) is reduced

    • (a) for item 1, to yearly, but at least six months after any other sample, if samples were taken under subsection (2) for each of four consecutive quarters and those samples were tested under subsection (3) and determined not to be acutely lethal; and

    • (b) for item 2, to quarterly, but at least 60 days after any other sample, if samples were taken under subsection (2) for each of 12 consecutive months and those samples were tested under subsection (3) and determined not to be acutely lethal.

Test Methods

Marginal note:CBOD matter

 The demand due to the quantity of carbonaceous biochemical oxygen demanding matter in the effluent must be determined in accordance with a five-day biochemical oxygen demand test with nitrification inhibition.

Marginal note:Suspended solids

 The concentration of suspended solids in the effluent must be determined in accordance with a total suspended solids test.

Marginal note:Un-ionized ammonia

  •  (1) The concentration of un-ionized ammonia in the effluent must be determined in accordance with the following formula:

    total ammonia × 1 ÷ (1 +109.56 – pH)

    where

    total ammonia
    is the concentration of total ammonia determined in accordance with subsection (2), expressed in mg/L as nitrogen (N); and
    pH
    is the pH of the effluent adjusted to 15°C ± 1°C and determined in accordance with subsection (3).
  • Marginal note:Concentration of total ammonia

    (2) The concentration of total ammonia in the effluent must be determined by using an aliquot of the same sample of effluent from which the pH of the effluent was determined and testing it in accordance with a total ammonia test.

  • Marginal note:pH

    (3) The pH of the effluent must be determined by using an aliquot of the same sample of effluent from which the concentration of total ammonia of the effluent was determined and testing it in accordance with a pH test.

Marginal note:Acute lethality

 The acute lethality of the effluent must be determined in accordance with

  • (a) Reference Method EPS 1/RM/13 using the procedure set out in section 5 or 6 of that Method; or

  • (b) paragraph (a) using the Procedure for pH Stabilization EPS 1/RM/50.

Accredited Laboratory

Marginal note:Accredited laboratory

 Any determination referred to in subsection 10(6) or 11(3) or (4) or paragraph 34(1)(a) or (b) or subsection 34(4) and any other determination necessary to make any of those determinations — other than the determination of the pH of water necessary to make the determination referred to in subsection 34(3) — must be performed by a laboratory that meets the following conditions at the time of the determination:

  • (a) the laboratory is accredited

    • (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or

    • (ii) under the Environment Quality Act, CQLR, c. Q-2; and

  • (b) the scope of the accreditation of the laboratory includes the parameters that are determined.

 

Date modified: