Wastewater Systems Effluent Regulations (SOR/2012-139)

Scope of Temporary Authorization and Revocation

Marginal note:Period and content

39 A temporary authorization, and any extension of it, to deposit effluent that contains un-ionized ammonia must be in the form set out in Schedule 5 and contain the following information:

• (a) the information referred to in paragraphs 35(a) and (c);

• (b) the latitude and longitude of the final discharge point;

• (c) the date of issuance of the temporary authorization and of any extension of it;

• (d) the period of authorization; and

• (e) a statement that the concentration of un-ionized ammonia in the water must be less than or equal to 0.016 mg/L, expressed as nitrogen (N), determined in accordance with subsection 34(3), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point.

Marginal note:Extension

• 40 (1) A temporary authorization may, on application, be extended for successive periods of three years. If that application is based on a determination of the acute lethality of effluent referred to in paragraph 34(1)(a), it must contain the information referred to in subparagraph 35(e)(i).

• Marginal note:Issuance

  (2) The authorization officer must — based on the information contained in the application for the extension, the monitoring reports sent under subsection 19(1) and the original application for the temporary authorization referred to in section 35 — extend the authorization if it is established that, when the application for an extension was made,

  • (a) the effluent was acutely lethal because of the concentration of un-ionized ammonia in it; and

  • (b) the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m downstream from the point of entry where effluent was deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N).

Marginal note:Correction of information

• 41 (1) If the owner or operator becomes aware that the information provided in an application for a temporary authorization, or for an extension of a temporary authorization, contains errors, they must, without delay, send a notice to the authorization officer, which indicates the reason for the errors and provides corrections, and make the certification under paragraph 35(g) with respect to the corrected application.

• Marginal note:Corrected temporary authorization

  (2) On receipt of a notice that provides corrections that, if provided with the application, would have affected the scope of the information referred to in section 39, the authorization officer must issue a corrected temporary authorization or corrected extension of a temporary authorization, as the case may be, as if the corrections together with the remaining information originally provided in the application were an application under section 35 or 40.

Marginal note:Revocation

• 42 (1) The authorization officer may revoke a temporary authorization, or an extended temporary authorization, to deposit effluent that contains un-ionized ammonia if

  • (a) the information contained in, as the case may be, the application for the temporary authorization referred to in section 35 or the application for the extended temporary authorization referred to in 40 is false or misleading in a material respect;

  • (b) the holder has, during the period of authorization, failed to comply with paragraph 37(a) or (b), any section referred to in paragraph 38(a), or paragraph 38(b) or (c); or

  • (c) new information indicates that a deposit under the temporary authorization or the extended temporary authorization has had or is likely to have an effect on fish, fish habitat or the use by man of fish that is more adverse than the worst of those effects that were anticipated when that authorization was issued.

• Marginal note:Considerations

  (2) When determining whether to revoke a temporary authorization or an extended temporary authorization, the authorization officer must consider, as applicable, whether the holder

  • (a) has a history of non-compliance with any provision referred to in paragraph (1)(b); or

  • (b) has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with any provision referred to in paragraph (1)(b) or to prevent or mitigate a more adverse effect referred to in paragraph (1)(c).

• Marginal note:Representations

  (3) The authorization officer is not permitted to revoke a temporary authorization or an extended temporary authorization unless they have provided the holder with

  • (a) written reasons for the proposed revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.

Temporary Bypass Authorization

Requirements

Marginal note:Deposit without or with partial treatment

• 43 (1) An owner or operator of a wastewater system may apply to an authorization officer for a temporary authorization to bypass at least one of the treatment processes normally applied to wastewater in the system and, as a result, to deposit effluent that contains any deleterious substance prescribed in section 5.

• Marginal note:Conditions precedent

  (2) An application for a temporary bypass authorization is not to be made unless

  • (a) the requirement to bypass those treatment processes arises from

    • (i) construction work to make changes to the system,

    • (ii) the maintenance of the system, or

    • (iii) the response to an anticipated event that is beyond the control of the owner or operator of the system;

  • (b) the bypass is designed, within the constraints of technical and economic feasibility, to minimize the volume of effluent deposited and the concentration of deleterious substances prescribed in section 5 in the effluent deposited;

  • (c) notice of the proposed bypass has been given to members of the public and to any community or Indigenous governing body, if the owner or operator has reasonable grounds to believe that the member, community or governing body could be affected by the bypass or may have used or may use the receiving environment before, during or after the bypass; and

  • (d) notice of the proposed bypass has been given to the National Manager of the Shellfish Water Classification Program, Department of the Environment, if the proposed bypass will result in the deposit of effluent in open marine waters or marine port waters, as defined in Schedule 2, or a shellfish harvesting area or within a radius of 20 km of such an area or such waters.

• Marginal note:Period for application

  (3) An application for a temporary bypass authorization must be made at least

  • (a) 21 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 1 bypass as determined in accordance with sections 43.2 to 43.4;

  • (b) 45 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 2 bypass as determined in accordance with sections 43.2 to 43.4; or

  • (c) 90 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 3 bypass as determined in accordance with sections 43.2 to 43.4.

Bypass Categories for Temporary Bypass Authorizations

Physical or biological treatment

43.1 For the purposes of sections 43.2 and 43.3, physical or biological treatment means any treatment process, other than preliminary treatment, applied to wastewater for the purpose of removing suspended solids or CBOD matter, or both, from the influent.

Marginal note:Bypass category determination — physical or biological treatment

• 43.2 (1) If the effluent deposited during the proposed bypass has undergone a physical or biological treatment, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (2) to (4).

• Marginal note:Category 1 bypass

  (2) The bypass is a Category 1 bypass if

  • (a) the estimated volume of the deposits is equal to or less than 25 000 m³ and the approximate duration referred to in paragraph 44(1)(g) is equal to or less than 240 hours; and

  • (b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions.

• Marginal note:Category 3 bypass

  (3) The bypass is a Category 3 bypass if

  • (a) the estimated volume of the deposits is greater than 500 000 m³ or the approximate duration referred to in paragraph 44(1)(g) is greater than 2 160 hours; and

  • (b) any of the following conditions apply:

    • (i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or

    • (ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points.

• Marginal note:Category 2 bypass

  (4) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (2) or (3).

Marginal note:Bypass category determination — no physical or biological treatment

• 43.3 (1) If the effluent deposited during the proposed bypass has not undergone a physical or biological treatment, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (2) to (4).

• Marginal note:Category 1 bypass

  (2) The bypass is a Category 1 bypass if

  • (a) the estimated volume of the deposits is equal to or less than 2 500 m³ or the approximate duration referred to in paragraph 44(1)(g) is equal to or less than 48 hours;

  • (b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions; and

  • (c) the bypass does not qualify as a category 3 bypass.

• Marginal note:Category 3 bypass

  (3) The bypass is a Category 3 bypass if

  • (a) the estimated volume of the deposits is greater than 50 000 m³ or the approximate duration referred to in paragraph 44(1)(g) is greater than 720 hours; or

  • (b) the estimated volume of the deposits is greater than 25 000 m³ or the approximate duration referred to in paragraph 44(1)(g) is greater than 360 hours, and any of the following conditions apply:

    • (i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or

    • (ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points.

• Marginal note:Category 2 bypass

  (4) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (2) or (3).

Precipitation event

• 43.4 (1) For the purposes of this section, precipitation event means an accumulation of precipitation, other than from melting snow or ice, that causes a temporary surcharge in the wastewater system because of a reduced capacity due to the construction work, the maintenance of the system or the response referred to in paragraph 43(2)(a) and results in a deposit of untreated wastewater mixed with surface runoff and stormwater.

• Marginal note:Bypass category determination — precipitation events during period of reduced capacity

  (2) If the effluent deposited during the proposed bypass is caused by one or more precipitation events that occur during a period of reduced capacity of the wastewater system, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (3) to (5).

• Marginal note:Category 1 bypass

  (3) The bypass is a Category 1 bypass if

  • (a) the estimated volume of the deposits is equal to or less than 5 000 m³ or the period referred to in paragraph 44(1)(f) is equal to or less than 96 hours;

  • (b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions; and

  • (c) the bypass does not qualify as a category 3 bypass.

• Marginal note:Category 3 bypass

  (4) The bypass is a Category 3 bypass if

  • (a) the estimated volume of the deposits is greater than 100 000 m³ or the period referred to in paragraph 44(1)(f) is greater than 1 440 hours; and

  • (b) any of the following conditions apply:

    • (i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or

    • (ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or at one or more overflow points.

• Marginal note:Category 2 bypass

  (5) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (3) or (4).

Application

Marginal note:Required information

• 44 (1) An application for a temporary bypass authorization must contain the following information:

  • (a) the owner’s and the operator’s name, civic and postal addresses, telephone number and, if any, email address and fax number;

  • (b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number, of a contact person;

  • (c) if any, the wastewater system’s name and civic address;

  • (c.1) a description of the construction work, the maintenance of the system or the response referred to in paragraph 43(2)(a), as well as

    • (i) an explanation that demonstrates why it is necessary to bypass at least one of the treatment processes normally applied to the wastewater in the system, and

    • (ii) in the case of an application by an owner or operator who had to confirm the existence of a plan referred to in paragraph 45.2(3)(f) for a previous authorization, an explanation that demonstrates how the bypass meets the requirements of that plan and any amendments to that plan since it was created;

  • (d) an explanation of how the bypass is designed to minimize the volume of effluent deposited and the concentration of deleterious substances prescribed in section 5 in the effluent deposited during the construction work, the maintenance of the system or the response referred to in paragraph 43(2)(a), including a description of, and a schedule for, all steps that are to be taken to achieve that minimization;

  • (e) the latitude and longitude, expressed in decimal degrees in accordance with subsection 18(3), of

    • (i) any final discharge points, if the bypass results in the deposit of effluent via one or more of the system’s final discharge points, and

    • (ii) any overflow points, if the bypass results or may result in wastewater being diverted for deposit in any water or place referred to in subsection 36(3) of the Act;

  • (e.1) a description of any water or place referred to in subsection 36(3) of the Act into which effluent is deposited, including

    • (i) the use, if any, of the water or place,

    • (ii) the name, if any, of the water or place and, in the case of water, the name, if any, of the body of water that includes the water, and

    • (iii) for an overflow point, a statement indicating whether the water or place regularly receives wastewater under normal conditions;

  • (f) the period for which the bypass is required in order to allow for the construction work, for the maintenance of the system or for the response referred to in paragraph 43(2)(a);

  • (g) the approximate duration, expressed in hours, of the deposits referred to in subparagraph (e)(i) or (ii) or both;

  • (h) the estimated volume, expressed in m³, of those deposits, and an explanation of how the estimation was made;

  • (h.1) a description of the treatment, if any, that will be applied to effluent prior to deposit and whether deposits will be caused by precipitation events occurring during a period of reduced capacity of the wastewater system, as defined in subsection 43.4(1);

  • (h.2) a list of the measures that will be implemented to avoid or mitigate the adverse effects of the bypass on fish, fish habitat or the use by man of fish, including the choice of appropriate timing for the proposed work to reduce the risk of harm;

  • (h.3) a description and the results of notifications to and engagement with any members of the public, communities, or Indigenous governing bodies that may be impacted by the proposed bypass; and

  • (i) a statement signed and dated by the owner or operator or their authorized representative that certifies that the information provided in the application is true, accurate and complete

    • (i) in the case of information that was prepared by the owner or operator, to the best of the owner’s or operator’s information and belief, and

    • (ii) in the case of information that was prepared by other persons with sufficient knowledge to evaluate that information, to the best of the owner’s, operator’s or authorized representative’s information and belief, based on representations made to them by those persons.

• Marginal note:Additional information – risk level

  (2) In addition to the information referred to in subsection (1), an application for a temporary bypass authorization must contain the following information:

  • (a) for a Category 2 bypass, a detailed description of the measures referred to in paragraph (1)(h.2);

  • (b) for a Category 3 bypass,

    • (i) a detailed description of the measures referred to in paragraph (1)(h.2),

    • (ii) an assessment of the methods that were considered but not retained to avoid or minimize the bypass, including their technical feasibility and an estimate of costs,

    • (iii) an assessment of the geographical scope where the effluent mixes with the receiving environment and where there is a distinguishable difference from the ambient water conditions, as well as a description of the methodologies used to prepare the assessment, and

    • (iv) a detailed description of the monitoring of the effluent or of the receiving environment based on the assessment of the geographical scope referred to in subparagraph (iii) that will be implemented to assess the effectiveness of the measures referred to in paragraph (1)(h.2), including a detailed plan and schedule for monitoring before, during and after the bypass occurs.

• Marginal note:Additional information – on demand

  (3) The authorization officer may request additional information from an applicant if that information is required to assess the potential adverse effects of the bypass on fish, fish habitat or the use by man of fish.

• Marginal note:Additional information – written notice

  (4) In accordance with subsection (3), the authorization officer must provide the applicant with a written notice setting out the information to be provided and the timeline for providing it.