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Marginal note:Required information

• 25 (1) An application for a transitional authorization in respect of a wastewater system must contain the following information:

  • [...]

  • (i) a statement as to which of the waters set out in paragraphs 5(a) to (g), column 2, of the table to Schedule 2 describes the water where the effluent is deposited, or may enter from the place where the effluent is deposited, via the final discharge point and, among the points set out in column 3 for those waters, the highest number of points;

  • (j) the average daily volume of effluent deposited via the final discharge point, as determined in accordance with section 7, for the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based, and the number of points set out in item 1, column 3, of the table to Schedule 2 that applies to that volume based on the ranges of volume set out in column 2;

  • (k) the averages referred to in paragraphs 6(1)(a) and (b), as determined in accordance with subsection 6(3), over

    • [...]

    • (ii) each month of the period of 12 consecutive months referred to in paragraph 24(1)(b) or (c), as the case may be, upon which the application is based, if paragraph 24(1)(b) or (c) applies;

  • (l) the number of points determined in accordance with the formula set out in item 2, column 2, of the table to Schedule 2 when using in that formula, as the case may be, the averages

    [...]

  • [...]

  • (o) the maximum concentration of un-ionized ammonia in the effluent, expressed in mg/L as nitrogen (N), at 15°C ± 1°C, as determined in accordance with subsection 6(3), over

    • [...]

    • (ii) each month of the period of 12 consecutive months referred to in paragraph 24(1)(b) or (c), as the case may be, upon which the application is based, if paragraph 24(1)(b) or (c) applies;

  • (p) if, as the case may be, the maximum concentration referred to in subparagraph (o)(i) or any of the maximum concentrations referred to in subparagraph (o)(ii) was greater than or equal to 1.25 mg/L, expressed as nitrogen (N) at 15°C ± 1°C, the number of points set out in item 4, column 3, of the table to Schedule 2;

  • (q) if the duration of the transitional authorization sought in the application relies on an allocation of points under Schedule 3, in addition to points allocated under the table to Schedule 2, for any combined sewer overflow point that is, under Schedule 3, allocated a number of points greater than or equal to the number of points allocated under the table to Schedule 2 to the final discharge point

    • [...]

    • (iii) a statement as to which of the waters set out in paragraphs 3(a) to (c), column 2, of Schedule 3 describes the water where the effluent is deposited, or may enter from the place where the effluent is deposited, via that combined sewer overflow point, and

    • (iv) the number of points set out in column 3 of Schedule 3 for the applicable paragraph set out in column 2 of that Schedule as determined for the purposes of subparagraphs (i) and (ii) and the number of those points that applies for each statement referred to in subparagraph (iii);

1 The following definitions apply in these Regulations.

aquatic species

aquatic species  includes an aquatic species as defined in subsection 2(1) of the Species at Risk Act. (espèce aquatique)

final discharge point

final discharge point  means the point, other than an overflow point, of a wastewater system beyond which its owner or operator no longer exercises control over the quality of the wastewater before it is deposited as effluent in water or a place. (point de rejet final)

overflow point

overflow point  means a point of a wastewater system via which excess wastewater may be deposited in water or a place and beyond which its owner or operator no longer exercises control over the quality of wastewater before it is deposited as effluent. (point de débordement)

point of entry

point of entry , in relation to the final discharge point or an overflow point of a wastewater system, means

• (a) the point where effluent is deposited in water frequented by fish via the final discharge point or the overflow point, as the case may be; or

• (b) any point where the effluent enters that water from the place where it was deposited via the final discharge point or the overflow point, as the case may be. (point d’entrée)

Procedure for pH Stabilization EPS 1/RM/50

Procedure for pH Stabilization EPS 1/RM/50  means the Procedure for pH Stabilization During the Testing of Acute Lethality of Wastewater Effluent to Rainbow Trout (EPS 1/RM/50), March 2008, published by the Department of the Environment, as amended from time to time. (Procédure de stabilisation du pH SPE 1/RM/50)

protected species

protected species  means a wildlife species as defined in subsection 2(1) of the Species at Risk Act that is

• (a) a species at risk as defined in subsection 2(1) of that Act or is a species that is listed in Schedule 1 to that Act; or

• (b) a species that is protected, or classified as an endangered species or a threatened species as defined in subsection 2(1) of that Act, under the laws of a province. (espèce protegée)

Reference Method EPS 1/RM/13

Reference Method EPS 1/RM/13  means the Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (EPS 1/RM/13 Second Edition), December 2000 with May 2007 amendments, published by the Department of the Environment, as amended from time to time. (Méthode de Référence SPE 1/RM/13)

Marginal note:Requirements

• 34 (1) The owner or operator of a wastewater system whose effluent deposited via its final discharge point is acutely lethal because of the concentration of un-ionized ammonia in it may apply to an authorization officer for a temporary authorization to deposit effluent that contains un-ionized ammonia via the final discharge point if the concentration of un-ionized ammonia in the water, determined in accordance with subsection (3), at any point that is 100 m from the point of entry where effluent is deposited in that water via the final discharge point is less than or equal to 0.016 mg/L, expressed as nitrogen (N), and if

  • (a) the acute lethality of the effluent — as determined in accordance with Reference Method EPS 1/RM/13 using the procedure set out in section 6 of that Method and the Procedure for pH Stabilization EPS 1/RM/50 — is primarily because of the concentration of un-ionized ammonia in the effluent; or

  • (b) the effluent is acutely lethal because the concentration of un-ionized ammonia in the effluent deposited via the final discharge point is greater than or equal to 1.25 mg/L, expressed as nitrogen (N) at 15°C ± 1°C, determined in accordance with section 14.

• [...]

• (3) The concentration of un-ionized ammonia in the water referred to in subsection (1) must be determined in accordance with the following formula:

  total ammonia × 1 / 1 +10pKa – pH

  where

  total ammonia 

  is the concentration of total ammonia in that water — namely, un-ionized ammonia (NH₃) plus ionized ammonia (NH₄⁺) — determined in accordance with subsection (4), expressed in mg/L as nitrogen (N);

• [...]

• Marginal note:Periods for application

  (5) An initial application for a temporary authorization to deposit effluent that contains un-ionized ammonia must be made within 30 days after, as the case may be, the determination referred to in paragraph (1)(a) or (b) has been made. Applications to extend the temporary authorization must be made at least 90 days before the expiry of the authorization.

Marginal note:Authorized deposits — transitional authorization

• 28 (1) A holder of a transitional authorization in respect of a wastewater system is authorized — during a given calendar year, quarter or month, determined in accordance with subsection 6(2), in the period of authorization — to deposit effluent that contains any of the deleterious substances prescribed in section 5 via the final discharge point if — during the previous calendar year, previous quarter or previous month — the effluent met the following conditions:

  • (a) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent referred to in paragraph 6(1)(a), determined in accordance with subsections 6(2) and (3), did not exceed

    • (i) 1.25 times the average determined for the carbonaceous biochemical oxygen demand due to the quantity of CBOD matter referred to in subparagraph 25(1)(k)(i) or the greatest of those averages referred to in subparagraph 25(1)(k)(ii), as the case may be, if the product resulting from that multiplication is greater than 25 mg/L, and

  • (b) the average concentration of suspended solids in the effluent referred to in paragraph 6(1)(b), determined in accordance with subsections 6(2) and (3), did not exceed

    • (i) 1.25 times the average concentration of suspended solids referred to in subparagraph 25(1)(k)(i) or the greatest of those averages referred to in subparagraph 25(1)(k)(ii), as the case may be, if the product resulting from that multiplication is greater than 25 mg/L, and

  • [...]

  • (d) the maximum concentration of un-ionized ammonia in the effluent referred to in paragraph 6(1)(d), determined in accordance with subsections 6(2) and (3), was less than

    • (i) 1.25 times the maximum concentration referred to in subparagraph 25(1)(o)(i) or the greatest of those maximum concentrations referred to in subparagraph 25(1)(o)(ii), as the case may be, if the product resulting from that multiplication is greater than or equal to 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, and

    • (ii) 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, in any other case.