Wastewater Systems Effluent Regulations

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.