Wastewater Systems Effluent Regulations

Marginal note:Revocation

• 32 (1) The authorization officer may revoke a transitional authorization if

  • (a) the information referred to in subsection 25(1) or (2), as the case may be, contained in the application or the information provided in a progress report referred to in subsection 29(2) is false or misleading in a material respect;

  • (b) the holder has, during the period of authorization, failed to comply with any condition set out in section 28 or any provision referred to in subsection 29(1);

  • (c) new information indicates that a deposit authorized under section 28 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 the effects that were anticipated when that authorization was issued;

  • (d) the holder has not sent a progress report in accordance with subsection 29(2); or

  • (e) the authorization officer, based on a progress report referred to in subsection 29(2), has reasonable grounds to believe that the plan — referred to in, as the case may be, subsection 4(1) or paragraph 25(1)(f) and, if applicable, paragraph 25(1)(s) — or, if applicable, that plan as approved with changes under subsection 27(2) — cannot be fully implemented before the end of the period of authorization.

• Marginal note:Considerations

  (2) When determining whether to revoke a transitional authorization, the authorization officer must consider, as applicable, whether the holder of a transitional authorization

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

  • (b) has provided a reasonable justification for not sending a progress report in accordance with subsection 29(2); or

  • (c) has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with any condition or 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 transitional 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.