Wastewater Systems Effluent Regulations

Marginal note:Required information

• 45 (1) Subject to subsection (3), the authorization officer must issue a temporary bypass authorization if

  • (a) the authorization officer has reasonable grounds to believe that the conditions set out in paragraphs 43(2)(a) and (b) are satisfied; and

  • (b) the application contains the information required under section 44.

• Marginal note:Duration of temporary bypass authorization

  (2) The temporary bypass authorization is to be issued for the period that, in the authorization officer’s opinion,

  • (a) 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); and

  • (b) will mitigate any adverse effects on fish, fish habitat or the use by man of fish to the extent possible given the requirement referred to in paragraph 43(2)(a) for which the bypass authorization arises.

• Marginal note:Refusal — adverse effects

  (3) The authorization officer may refuse to issue the temporary authorization if they have reasonable grounds to believe that its issuance, for any period, would result in adverse effects on fish, fish habitat or the use by man of fish that cannot be mitigated.

• Marginal note:Refusal — false or misleading information

  (4) The authorization officer must refuse to issue the temporary 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.