3. For the purpose of the definition “deleterious substance” in subsection 34(1) of the Act, the following classes of substances from a mill or an off-site treatment facility are prescribed as deleterious substances:

• (a) acutely lethal effluent;

• (b) BOD matter; and

• (c) suspended solids.

4. For the purpose of subsection 37(2) of the Act and in respect of mills or off-site treatment facilities, the Minister or a person designated by the Minister may issue an order under that subsection if the Minister or the person has reasonable grounds to believe that an offence under subsection 40(1) or (2) of the Act is being or is likely to be committed.

• 5. (1) This Part applies in respect of all mills except the Port Alberni Mill.

• (2) This Part also applies in respect of an off-site treatment facility at which, during the preceding calendar year,

  • (a) 20% or more of the average daily BOD of the BOD matter in the effluent that was treated originated from one or more mills; or

  • (b) 5 000 kg or more of the average daily BOD of the BOD matter in the effluent that was treated originated from a single mill.

• (3) If, during the calendar year referred to in subsection (2), the average daily BOD of the BOD matter in the effluent that originated from a single mill did not exceed the product of 7.5 multiplied by the mill’s reference production rate, the BOD of that BOD matter is not to be included in the calculation of BOD under subsection (2).

• 6. (1) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a mill may deposit, or permit the deposit of, BOD matter and suspended solids in any water or place other than a place referred to in subsection (3) or (4) if

  • (a) the BOD of the BOD matter or the quantity of suspended solids, as the case may be, does not exceed the maximum quantities authorized by section 14; or

  • (b) the deposit is made in accordance with an authorization to exceed the maximum quantities authorized by section 14.

• (2) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of an off-site treatment facility may deposit, or permit the deposit of, BOD matter and suspended solids in any water or place if the deposit is made in accordance with an authorization.

• (3) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a mill may deposit, or permit the deposit of, any concentration of acutely lethal effluent, any BOD matter and any quantity of suspended solids into an off-site treatment facility, whether or not the facility is subject to these Regulations.

• (4) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a factory that produces pulp or paper products may deposit, or permit the deposit of, any concentration of acutely lethal effluent, any BOD matter and any quantity of suspended solids into

  • (a) a treatment facility that is owned or operated by the owner of the factory; or

  • (b) if the factory is part of a complex, the common treatment facility for the factories that are part of the complex.

• (5) The authority to deposit BOD matter and suspended solids conferred by subsections (1) and (2) does not confer any authority to deposit acutely lethal effluent.