Wastewater Systems Effluent Regulations

Marginal note:Required information

• 26 (1) Subject to subsection (3), the authorization officer must issue the transitional authorization if

  • (a) the application contains the information required by subsection 25(1) or (2), as the case may be;

  • (b) the information referred to in paragraph 25(1)(e) can reasonably be regarded as establishing that at the time of the application

    • (i) half or more of the monitoring reports sent in respect of the two most recent calendar years during which a deposit occurred indicate that one of the conditions set out in paragraphs 6(1)(a) and (b) was not met,

    • (ii) that condition was not met because of the design of the wastewater system,

    • (iii) it was not technically or economically feasible before the time of the application to have modified the wastewater system, including its processes, in order to meet that condition, and

    • (iv) the requirement set out in section 24 is met; and

  • (c) the schedule to implement the plan referred to in paragraph 25(1)(f) or subsection 4(1), and, if applicable, paragraph 25(1)(s) can reasonably be regarded as feasible for the purpose of meeting the requirements referred to in paragraph 25(1)(f) or subsection 4(3) and, if applicable, achieve the reduction referred to in paragraph 25(1)(s).

• Marginal note:Duration of transitional authorization

  (2) The transitional authorization must be issued for the following period:

  • (a) the period beginning on the day on which the transitional authorization is issued and ending on December 31, 2030, if the final discharge point is, under the table to Schedule 2, allocated 50 or more points but less than 70 points and, in the case of a wastewater system that has combined sewer overflow points for which points are allocated under Schedule 3, each combined sewer overflow point of the wastewater system is allocated fewer points than the number of points allocated under the table to Schedule 2 to the final discharge point; and

  • (b) [Repealed, SOR/2024-97, s. 20]

  • (c) the period beginning on the day on which the transitional authorization is issued and ending on December 31, 2040,

    • (i) if the final discharge point is, under the table to Schedule 2, allocated less than 50 points, or

    • (ii) if the final discharge point is, under the table to Schedule 2, allocated 50 or more points and the wastewater system has combined sewer overflow points for which points are allocated under Schedule 3, there is at least one combined sewer overflow point that is, under Schedule 3, allocated a number of points that is greater than or equal to the number of points allocated under the table to Schedule 2 to the final discharge point.

• Marginal note:Refusal

  (3) The authorization officer must refuse to issue the transitional authorization if they have reasonable grounds to believe that the information contained in, or provided in support of, the application is false or misleading in a material respect.

• Marginal note:Condition of issuance — exception

  (4) The authorization officer must refuse to issue the transitional authorization if the final discharge point is, under the table to Schedule 2, allocated 70 or more points and, in the case of a wastewater system that has combined sewer overflow points for which points are allocated under Schedule 3, each combined sewer overflow point of the wastewater system is allocated fewer points than the number of points allocated to the final discharge point under Schedule 2.