Short Title

1 These Regulations may be cited as the Pulp and Paper Effluent Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Fisheries Act; (Loi)

acute lethality test

acute lethality test means the test to determine the acute lethality of effluent referred to in section 1 of Schedule I; (essai de détermination de la létalité aiguë)

acutely lethal

acutely lethal, in respect of effluent, means that the effluent at 100 per cent concentration kills more than 50 per cent of the rainbow trout subjected to it during a 96-hour period, when tested in accordance with the acute lethality test; (létalité aiguë)

authorization

authorization means an authorization issued under section 16 or 17; (autorisation)

authorization officer

authorization officer, in respect of a province set out in column I of an item of Schedule V, means the person referred to in column II of that item; (agent d’autorisation)

B_o

B_o[Repealed, SOR/2004-109, s. 1]

BOD

BOD means the biochemical oxygen demand that is equal to the quantity of oxygen, dissolved in water, that is consumed by BOD matter, when tested in accordance with the BOD test; (DBO)

BOD matter

BOD matter, in effluent, means any matter that consumes oxygen dissolved in water, when tested in accordance with the BOD test; (matières exerçant une DBO)

BOD test

BOD test means the test to determine the BOD of an effluent referred to in section 3 of Schedule I; (essai de détermination de la DBO)

B_r

B_r[Repealed, SOR/2004-109, s. 1]

D

D[Repealed, SOR/2004-109, s. 1]

daily period

daily period, in respect of a mill or an off-site treatment facility, means

• (a) a period of 24 consecutive hours determined by the operator of the mill or the facility, in respect of which the operator has given notification to the authorization officer, or

• (b) if no notification has been given to the authorization officer by the operator, a calendar day; (période de vingt-quatre heures)

Daphnia magna test

Daphnia magna test means the test in respect of Daphnia magna referred to in section 2 of Schedule I; (essai sur Daphnia magna)

dissolving grade sulphite pulp

dissolving grade sulphite pulp means any sulphite pulp that is purified by a bleaching process for use in the manufacture of regenerated cellulose products; (pâte au bisulfite pour transformation chimique)

effluent

effluent means

• (a) waste water treated by an off-site treatment facility, or

• (b) waste water from a mill, other than waste water from the treatment of intake water, including process water, gas scrubbing water, boiler blow-down water, wash-down water, cooling water, leachate from any site at the mill where solid residues generated by any mill are treated or disposed of, and leachate from any site at the mill where wood chips or hogfuel are stored; (effluent)

finished product

finished product means pulp or a paper product that has completed the production process at a mill; (produit fini)

mill

mill means

• (a) a factory that is designed or used to produce pulp or paper products, or

• (b) if a complex consists of factories that are owned by different owners and that are designed or used to produce pulp or paper products, all of those factories that discharge some or all of their effluent into a common treatment facility that is owned by one of those owners,

and includes any facility that is owned or operated by the owner of any of the factories referred to in paragraph (a) or (b) and that treats effluent; (fabrique)

off-site treatment facility

off-site treatment facility means a facility that treats effluent from a mill if the facility is neither owned nor operated by the owner of a mill; (installation extérieure de traitement)

operator

operator means the person who operates, has control or custody of or is in charge of a mill or an off-site treatment facility; (exploitant)

outfall structure

outfall structure means a conduit or other structure through which effluent is conveyed from a mill or an off-site treatment facility to a location where it is deposited in water frequented by fish, or in any place from which it may enter such water, or a conduit or other structure through which effluent is conveyed from a mill to an off-site treatment facility; (émissaire d’effluent)

owner

owner means the owner of a mill or an off-site treatment facility; (propriétaire)

paper product

paper product means paper, coated paper, paperboard, hardboard, boxboard, linerboard, insulating board, building board, corrugating medium, tissue, moulded cellulose product and any other product directly derived from pulp, but does not include viscose, rayon, cellophane or any other cellulose derivative, or medium density fiberboard as defined in American National Standards Institute (ANSI) Standard A208.2-2002, published on May 13, 2002; (produit de papier)

Port Alberni Mill

Port Alberni Mill means the mill located in Port Alberni, British Columbia, that is owned by Norske Skog Canada Limited, its successors or assigns; (fabrique de Port Alberni)

pulp

pulp means processed cellulose fibres that are derived from wood, other plant material or recycled paper products; (pâte)

Q_d

Q_d[Repealed, SOR/2004-109, s. 1]

Q_m

Q_m[Repealed, SOR/2004-109, s. 1]

Reference Method EPS 1/RM/13 Second Edition

Reference Method EPS 1/RM/13 Second Edition means Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (EPS 1/RM/13 Second Edition), December 2000, published by the federal Department of the Environment, as amended from time to time; (méthode de référence SPE 1/RM/13 Deuxième édition)

Reference Method EPS 1/RM/14 Second Edition

Reference Method EPS 1/RM/14 Second Edition means Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Daphnia magna (EPS 1/RM/14 Second Edition), December 2000, published by the federal Department of the Environment, as amended from time to time; (méthode de référence SPE 1/RM/14 Deuxième édition)

reference production rate

reference production rate means the daily production of finished product of a mill as determined under section 12; (rythme de production de référence)

S_o

S_o[Repealed, SOR/2004-109, s.1]

suspended solids

suspended solids means any solid matter that is present in effluent; (matières en suspension)

suspended solids test

suspended solids test means the test to determine the presence and quantity of suspended solids in effluent referred to in section 4 of Schedule I; (essai de détermination des matières en suspension)

transitional authorization

transitional authorization[Repealed, SOR/2004-109, s. 1]

treat

treat, in respect of effluent, means to subject the effluent to physical, chemical or biological action, other than dilution, in order to reduce or eliminate deleterious substances. (traiter)

Prescribed Deleterious Substances

3 For the purpose of the definition deleterious substance in subsection 34(1) of the Act, the following classes of substances from a mill or an off-site treatment facility are prescribed as deleterious substances:

• (a) acutely lethal effluent;

• (b) BOD matter; and

• (c) suspended solids.

Ministerial Orders

4 For the purpose of subsection 37(2) of the Act and in respect of mills or off-site treatment facilities, the Minister or a person designated by the Minister may issue an order under that subsection if the Minister or the person has reasonable grounds to believe that an offence under subsection 40(1) or (2) of the Act is being or is likely to be committed.

Part 1Mills and Off-site Treatment Facilities

Application

• 5 (1) This Part applies in respect of all mills except the Port Alberni Mill.

• (2) This Part also applies in respect of an off-site treatment facility at which, during the preceding calendar year,

  • (a) 20% or more of the average daily BOD of the BOD matter in the effluent that was treated originated from one or more mills; or

  • (b) 5 000 kg or more of the average daily BOD of the BOD matter in the effluent that was treated originated from a single mill.

• (3) If, during the calendar year referred to in subsection (2), the average daily BOD of the BOD matter in the effluent that originated from a single mill did not exceed the product of 7.5 multiplied by the mill’s reference production rate, the BOD of that BOD matter is not to be included in the calculation of BOD under subsection (2).

Authority to Deposit

• 6 (1) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a mill may deposit, or permit the deposit of, BOD matter and suspended solids in any water or place other than a place referred to in subsection (3) or (4) if

  • (a) the BOD of the BOD matter or the quantity of suspended solids, as the case may be, does not exceed the maximum quantities authorized by section 14; or

  • (b) the deposit is made in accordance with an authorization to exceed the maximum quantities authorized by section 14.

• (2) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of an off-site treatment facility may deposit, or permit the deposit of, BOD matter and suspended solids in any water or place if the deposit is made in accordance with an authorization.

• (3) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a mill may deposit, or permit the deposit of, any concentration of acutely lethal effluent, any BOD matter and any quantity of suspended solids into an off-site treatment facility, whether or not the facility is subject to these Regulations.

• (4) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a factory that produces pulp or paper products may deposit, or permit the deposit of, any concentration of acutely lethal effluent, any BOD matter and any quantity of suspended solids into

  • (a) a treatment facility that is owned or operated by the owner of the factory; or

  • (b) if the factory is part of a complex, the common treatment facility for the factories that are part of the complex.

• (5) The authority to deposit BOD matter and suspended solids conferred by subsections (1) and (2) does not confer any authority to deposit acutely lethal effluent.

Conditions Governing Authority to Deposit

• 7 (1) The authority of the owner or operator of a mill or an off-site treatment facility under subsections 6(1) and (2) is conditional on the operator

  • (a) installing, maintaining and calibrating monitoring equipment, and keeping records of that equipment, in accordance with section 8;

  • (b) monitoring effluent in accordance with Schedule II and submitting to the authorization officer a monthly report of the monitoring results and production information in accordance with subsections 9(1) and (3);

  • (c) notifying an inspector, without delay, of any result of a test conducted in accordance with Schedule II and of any result of any additional test that was conducted on samples collected in accordance with the procedures specified in that Schedule, other than in the case of a deposit out of the normal course of events, that indicates a failure or non-compliance with these Regulations and reporting the test results in writing to the inspector within 10 days after the notification;

  • (d) submitting the identifying information to the authorization officer in accordance with subsections 10(1), (2) and (3);

  • (e) preparing and updating annually a remedial plan describing the measures to be taken by the operator to eliminate all unauthorized deposits of deleterious substances in the case where effluent fails an acute lethality test conducted in accordance with Schedule II;

  • (f) preparing an emergency response plan in accordance with section 11 and making it readily available on site to persons who are to implement the plan;

  • (g) in the case of a mill, providing the authorization officer, in accordance with section 12, with

    • (i) the reference production rate for all finished product, and

    • (ii) if an authorization has been issued to the owner or operator under subsection 16(2), the reference production rate for all finished product other than dissolving grade sulphite pulp and the reference production rate for dissolving grade sulphite pulp;

  • (h) in the case of a mill that treats, in addition to its own effluent, waste water from sources other than a mill, if an authorization has been issued to the owner or operator under subsection 16(1), submitting the values of B_o and S_o and the supporting data to the authorization officer in accordance with section 19;

  • (i) in the case of an off-site treatment facility, submitting the value of A and the supporting data to the authorization officer in accordance with section 21;

  • (j) submitting the information on outfall structures to the authorization officer in accordance with section 27, and depositing effluent only through those outfall structures;

  • (k) complying with the requirements for environmental effects monitoring studies set out in sections 28 to 31; and

  • (l) keeping available for inspection

    • (i) for at least five years, the information and data specified in section 8.2 of Reference Method EPS 1/RM/13 Second Edition and section 8.2 of Reference Method EPS 1/RM/14 Second Edition,

    • (ii) for at least three years, the results of all pH level and electrical conductivity tests conducted in accordance with Schedule II,

    • (iii) for at least five years, a remedial plan and every update of it,

    • (iv) for at least five years, an emergency response plan and every update of it, and

    • (v) for at least six years, all records, reports and data collected or prepared for the purposes of an environmental effects monitoring study.

• (2) The authority of the owner or operator of a mill under subsection 6(1) is also conditional on the operator

  • (a) not combining any treated effluent with water before the treated effluent is deposited; and

  • (b) not combining any treated effluent with any other effluent before the treated effluent is deposited, unless neither the treated effluent nor the other effluent is acutely lethal or unless combining the effluents is authorized pursuant to an authorization under section 17.

• (3) The authority of the owner or operator of a mill under subsection 6(3) is conditional on the operator

  • (a) monitoring effluent in accordance with Schedule II and submitting to the authorization officer an annual report, or a series of partial reports covering each calendar year, of the monitoring results and production information in accordance with subsections 9(2) and (3);

  • (b) submitting the identifying information to the authorization officer in accordance with subsections 10(1.1) to (3); and

  • (c) preparing an emergency response plan in accordance with section 11, making it readily available on site to persons who are to implement the plan and keeping the plan and every update available for inspection for at least five years.

• (4) The authority of the owner of a mill or an off-site treatment facility under section 6 is, if the owner is not the same person as the operator, also conditional on the owner exercising all due diligence to ensure that the operator meets the applicable conditions specified in this section.

Monitoring Equipment

• 8 (1) The monitoring equipment referred to in paragraph 7(1)(a) is equipment that is installed, maintained and calibrated so that it is capable of monitoring effluent in accordance with Schedule II, and includes the following:

  • (a) equipment that is capable of taking duplicate samples of effluent from each outfall structure, or a sufficient volume of effluent to obtain split samples, for the purpose of conducting BOD tests and suspended solids tests; and

  • (b) equipment that permits the determination of the volume of effluent that is deposited through each outfall structure using a method that accords with generally accepted engineering principles, such as a method described in the standards for the measurement of fluid flow in closed conduits and for the measurement of liquid flow in open channels, published by the International Organization for Standardization under International Classification for standards numbers 17.120.10 and 17.120.20, respectively, as amended from time to time.

• (2) Flow monitoring equipment shall be calibrated to be accurate to within 10 per cent.

• (3) The records of the monitoring equipment shall

  • (a) contain a description of the monitoring equipment, including the manufacturer’s specifications and the year and model number of the equipment;

  • (b) contain the results of the calibration tests of the monitoring equipment; and

  • (c) be kept available for inspection for a period of at least three years.

Reporting Monitoring Results

• 9 (1) Each monthly report of monitoring results and production information referred to in paragraph 7(1)(b) shall contain the following information and shall be submitted to the authorization officer no later than 30 days after the end of the month to which the report relates:

  • (a) the data required by section 8.1 of Reference Method EPS 1/RM/13 Second Edition and section 8.1 of Reference Method EPS 1/RM/14 Second Edition for all tests that were conducted in accordance with Schedule II during the month, including any additional tests that were conducted on samples collected in accordance with the procedures specified in that Schedule;

  • (b) the results of all BOD tests and suspended solids tests that were conducted in accordance with Schedule II during the month, including any additional tests that were conducted on samples collected in accordance with the procedures specified in that Schedule;

  • (c) the average daily BOD of the BOD matter that was deposited during the month and the average daily quantity of suspended solids that was deposited during the month, calculated on the basis of the results referred to in paragraph (b);

  • (d) the total BOD of the BOD matter that was deposited during the month and the total quantity of suspended solids that was deposited during the month, calculated by multiplying the number of days in the month during which effluent was deposited by the applicable daily average for that month referred to in paragraph (c);

  • (e) the volume of effluent that was deposited during each daily period in the month;

  • (f) in the case of a mill at which, under the authority of an authorization, treated effluent is combined with other effluent before being deposited, the volume of each effluent that is to be treated and the volume of the treated effluent before it is combined, for any daily period during which samples of effluent are collected in accordance with section 15 of Schedule II; and

  • (g) in the case of a mill, the quantity of finished product, measured in accordance with subsection 12(3), that was produced during each daily period that the mill was in operation during the month.

• (2) Each annual report, or series of partial reports covering a calendar year, of monitoring results and production information referred to in paragraph 7(3)(a) shall contain the following information and shall be submitted to the authorization officer no later than January 31 following the calendar year to which the report or series of partial reports relates:

  • (a) the results of all BOD tests that were conducted in accordance with Schedule II during the calendar year, including any additional tests that were conducted on samples collected in accordance with the procedures specified in that Schedule;

  • (b) the volume of effluent that was deposited during each daily period in the calendar year that a BOD test was conducted; and

  • (c) the quantity of finished product, measured in accordance with subsection 12(3), that was produced during each daily period in the calendar year that the mill was in operation.

• (3) Each report referred to in this section shall be submitted electronically in the format provided by the federal Department of the Environment, but the report shall be submitted in writing if

  • (a) no such format has been provided; or

  • (b) it is, owing to circumstances beyond the operator’s control, impracticable to submit the report electronically in the format provided.

Identifying Information

• 10 (1) The identifying information referred to in paragraph 7(1)(d) is as follows:

  • (a) the name and address of both the owner and the operator of the mill or the off-site treatment facility, as the case may be;

  • (b) the day referred to in subsection 30(1) after which the interpretive report is required to be submitted to the authorization officer;

  • (c) in the case of a mill that treats, in addition to its own effluent, waste water from sources other than a mill, the name and address of both the owner and the operator of each of those sources; and

  • (d) in the case of an off-site treatment facility that treats industrial waste water from sources other than a mill, the name and address of both the owner and the operator of each of those sources.

• (1.1) The identifying information referred to in paragraph 7(3)(b) is as follows:

  • (a) the name and address of both the owner and the operator of the mill; and

  • (b) the name and address of both the owner and the operator of the off-site treatment facility into which effluent is deposited.

• (2) The identifying information shall be submitted no later than

  • (a) 30 days after the day on which this subsection comes into force; or

  • (b) the day on which the mill or off-site treatment facility becomes subject to these Regulations, if that day is after the period referred to in paragraph (a).

• (3) Any change in the information previously submitted shall be submitted no later than 90 days after the change occurs.

Emergency Response Plan

• 11 (1) The emergency response plan referred to in paragraphs 7(1)(f) and (3)(c) shall describe the measures to be taken to prevent any deposit of a deleterious substance out of the normal course of events or to mitigate the effects of such a deposit. The plan shall include the following elements:

  • (a) the identification of any deposit out of the normal course of events that can reasonably be expected to occur at the mill or off-site treatment facility and that can reasonably be expected to result in damage or danger to fish habitat or fish or the use by man of fish, and the identification of the damage or danger;

  • (b) a description of the measures to be used to prevent, prepare for and respond to a deposit identified under paragraph (a);

  • (c) a list of the individuals who are to implement the plan in the event of a deposit out of the normal course of events, and a description of their roles and responsibilities;

  • (d) the identification of the emergency response training required for each of the individuals listed under paragraph (c);

  • (e) a list of the emergency response equipment included as part of the plan, and the equipment’s location; and

  • (f) alerting and notification procedures including the measures to be taken to notify members of the public who may be adversely affected by a deposit identified under paragraph (a).

• (2) The emergency response plan shall be prepared no later than

  • (a) 30 days after the day on which this subsection comes into force; or

  • (b) the day on which the mill or off-site treatment facility becomes subject to these Regulations, if that day is after the period referred to in paragraph (a).

• (3) An updated emergency response plan shall be prepared no later than January 31 of each calendar year.

• (4) If a mill or an off-site treatment facility has not been subject to the requirements of these Regulations for more than one year, a new emergency response plan shall be prepared on the day on which the mill or the facility again becomes subject to these Regulations.

Reference Production Rate

• 12 (1) The reference production rate of a mill for any year is equal to the highest value of the 90th percentiles of the daily production of finished product at the mill for any of the previous three years.

• (2) The 90th percentile of the daily production of finished product at a mill for a year is the statistically derived value that is equal to the quantity of finished product, produced daily by the mill, that was exceeded on 10 per cent of the days that the mill operated in the year.

• (3) The production of finished product shall be measured in tonnes, taking into account the following:

  • (a) in the case of pulp,

    • (i) if its moisture content exceeds 10%, the weight of the pulp shall be adjusted so that its moisture content does not exceed 10%, or

    • (ii) if its moisture content is equal to or less than 10%, the weight of the pulp shall not be adjusted; and

  • (b) in the case of a paper product, the weight of the paper product shall be its weight after it has been machine dried.

• (4) The reference production rates referred to in paragraph 7(1)(g) shall be submitted for each calendar year to the authorization officer no later than January 31 of the following year.

• 13 (1) Where less than three years of data are available on which to calculate the reference production rate of a mill, the operator may use a reference production rate calculated on the basis of available data or may apply to the authorization officer for an interim reference production rate.

• (2) If the 90th percentile of the daily production of finished product at a mill has increased or is expected to increase by more than 25%, in respect of any period of 100 consecutive days, from the reference production rate of the mill, the operator may apply to the authorization officer for an interim reference production rate.

• (3) If the 90th percentile of the daily production of finished product at a mill has decreased or is expected to decrease by more than 25%, in respect of any period of 100 consecutive days, from the reference production rate of the mill, the operator shall apply to the authorization officer for an interim reference production rate no later than 31 days after the decrease occurs or after becoming aware of the expected decrease, as the case may be.

• (4) An applicant for an interim reference production rate shall submit plans, specifications and other information on the design and capability of the mill’s production process to the authorization officer and such further information as the authorization officer may subsequently require to assess the application.

• (5) If, in accordance with subsection (1), (2) or (3), the authorization officer assigns an interim reference production rate to a mill to be used for the purposes of section 14 instead of the reference production rate, the interim reference production rate shall be based on an estimation of what the 90th percentile of the daily production would be at that mill. The estimation shall be based on the information submitted in accordance with subsection (4).

• (6) The use of an interim reference production rate shall commence on the day the authorization officer may specify and expires at the end of the year.

Maximum BOD and Maximum Quantity of Suspended Solids Authorized for Mills

14 Unless an authorization has been issued authorizing the deposit of BOD matter or suspended solids, as the case may be, the maximum BOD of the BOD matter that may be deposited from a mill and the maximum quantities of suspended solids that may be deposited from a mill are as follows:

• (a) in respect of a daily period, the amounts determined using the formula

  Q_d = F × 2.5 × RPR

and

• (b) in respect of a month, the amounts determined using the formula

  Q_m = F × D × 1.5 × RPR

  where

  D

  is the number of calendar days in the month,

  F

  is equal to a factor of 5 for BOD and 7.5 for suspended solids, expressed in kilograms per tonne of finished product,

  Q_d

  is the maximum BOD of the BOD matter that may be deposited during a daily period or the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms,

  Q_m

  is the maximum BOD of the BOD matter that may be deposited during a month or the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms, and

  RPR

  is the reference production rate of the mill for all finished product, expressed in tonnes per day.

Authorizations

• 15 (1) An application for an authorization may be made by one or more of

  • (a) the owner or operator of a mill that treats, in addition to its own effluent, waste water from sources other than a mill and that commenced operations before November 3, 1971, who seeks an authorization to deposit, or to permit the deposit of, BOD matter or suspended solids in quantities that exceed the maximum quantities authorized by section 14;

  • (b) the owner or operator of a mill that commenced operations before November 3, 1971 and since that date treats effluent from the production of dissolving grade sulphite pulp, who seeks an authorization to deposit, or to permit the deposit of, BOD matter or suspended solids in quantities that exceed the maximum quantities authorized by section 14;

  • (c) the owner or operator of an off-site treatment facility who seeks an authorization to deposit, or to permit the deposit of, BOD matter or suspended solids; or

  • (d) the owner or operator of a mill who seeks an authorization to combine treated effluent with other effluent before the treated effluent is deposited.

• (2) An application for an authorization shall contain the information specified in Schedule III and shall be submitted to the authorization officer.

• 16 (1) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(a) an authorization to deposit, or to permit the deposit of, BOD matter and suspended solids in quantities that exceed the maximum quantities authorized by section 14, if the quantities so authorized are the lowest that can be achieved and do not exceed the maximum quantities that may be authorized under section 19.

• (2) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(b) an authorization to deposit, or to permit the deposit of, BOD matter and suspended solids in quantities that exceed the maximum quantities authorized by section 14, if the quantities so authorized are the lowest that can be achieved and do not exceed the maximum quantities that may be authorized under section 20.

• (3) An authorization may not be issued under subsection (1) or (2) unless the owner or operator of the mill has taken all applicable preventative measures at the production stage to reduce the BOD of all BOD matter and the quantity of suspended solids in the effluent.

• (4) The authorization officer may issue to the owner or operator of an off-site treatment facility referred to in paragraph 15(1)(c) an authorization to deposit, or to permit the deposit of, BOD matter and suspended solids, if the quantities so authorized are the lowest that can be achieved and do not exceed the maximum quantities that may be authorized under section 21.

• 17 (1) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(d) an authorization to combine treated effluent with other effluent before the treated effluent is deposited if

  • (a) the operator has taken all reasonable steps, before the effluent is treated, to reduce the BOD of the BOD matter, the quantity of suspended solids and the lethality in respect of the effluent to be treated;

  • (b) the operator has instituted or intends to institute a water conservation program at the mill that would so reduce the volume of the effluent requiring treatment that it would still be acutely lethal despite treatment;

  • (c) the treatment process removes at least 90 per cent of the BOD of all BOD matter in the effluent that is treated; and

  • (d) the other effluent is not acutely lethal before being combined with the treated effluent.

• (2) Treated effluent may not be combined with other effluent in accordance with an authorization under subsection (1) unless the operator institutes the water conservation program referred to in that subsection.

• 18 (1) No authorization shall be issued under section 16 or 17 if the authorization officer has data indicating that the quantity of the deleterious substances to be authorized has had or will have a significant effect on fish, fish habitat or the use by man of fish that is more adverse than if the quantities were the maximum quantities authorized under section 14.

• (2) An authorization shall be issued in the form set out in Schedule IV.

• (3) The authorization officer may amend or withdraw any authorization if

  • (a) new data indicate that the quantity of the substances, authorized by the authorization officer, has had or will have a significant effect on fish, fish habitat or the use by man of fish that is more adverse than if the quantities were the maximum quantities authorized under section 14;

  • (b) any of the grounds on which the authorization was issued ceases to be true;

  • (c) an owner or operator has not taken all applicable preventative measures at the production stage to reduce the BOD of the BOD matter, the quantity of suspended solids or the lethality in respect of the effluent to be treated; or

  • (d) there is a change in any information provided under section 3, 4 or 5 of Schedule III.

• (4) Before issuing, amending or withdrawing an authorization, the authorization officer shall consult with officials in the Department of Fisheries and Oceans and, if the authorization officer is a provincial official, with officials in the federal Department of the Environment. The authorization officer may also consult with any other person, body or group that has an interest in the authorization.

Maximum BOD and Maximum Quantity of Suspended Solids Authorized Under an Authorization

• 19 (1) The maximum BOD of the BOD matter and the maximum quantities of suspended solids that the owner or operator of a mill referred to in paragraph 15(1)(a) may be authorized to deposit, or to permit the deposit of, under an authorization are as follows:

  • (a) in respect of a daily period, the amounts determined using the formula

    Q_d = (F × 2.5 × RPR) + [0.375 × (B_o or S_o)]

  and

  • (b) in respect of a month, the amounts determined using the formula

    Q_m = (F × D × 1.5 × RPR) + [0.225 × (B_o or S_o) × D]

    where

    B_o

    is the average daily BOD of the BOD matter in the waste water from sources other than a mill before it is treated by the mill, calculated for the preceding calendar year and expressed in kilograms,

    D

    is the number of calendar days in the month,

    F

    is equal to a factor of 5 for BOD and 7.5 for suspended solids, expressed in kilograms per tonne of finished product,

    Q_d

    is the maximum BOD of the BOD matter that may be deposited during a daily period or the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms,

    Q_m

    is the maximum BOD of the BOD matter that may be deposited during a month or the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms,

    RPR

    is the reference production rate of the mill for all finished product, expressed in tonnes per day, and

    S_o

    is the average daily quantity of suspended solids in the waste water from sources other than a mill before it is treated by the mill, calculated for the preceding calendar year and expressed in kilograms.

• (2) The values of B_o and S_o and the supporting data referred to in paragraph 7(1)(h) for each calendar year shall be submitted to the authorization officer no later than January 31 of the following calendar year.

• (3) If there are insufficient data on which to calculate the values of B_o and S_o, an estimate of those values may be made based on the data that are available.

20 The maximum BOD of the BOD matter and the maximum quantities of suspended solids that the owner or operator of a mill referred to in paragraph 15(1)(b) may be authorized to deposit, or to permit the deposit of, under an authorization are as follows:

• (a) in respect of a daily period, the amounts determined using the formula

  Q_d = (F₁ × 2.5 × RPR₁) + (F₂ × 2.5 × RPR₂)

and

• (b) in respect of a month, the amounts determined using the formula

  Q_m = (F₁ × D × 1.5 × RPR₁) + (F₂ × D × 1.5 × RPR₂)

  where

  D

  is the number of calendar days in the month,

  F₁

  is equal to a factor of 5 for BOD and 7.5 for suspended solids, expressed in kilograms per tonne of finished product other than dissolving grade sulphite pulp,

  F₂

  is equal to a factor of 18 for BOD and 25 for suspended solids, expressed in kilograms per tonne of dissolving grade sulphite pulp,

  Q_d

  is the maximum BOD of the BOD matter that may be deposited during a daily period or the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms,

  Q_m

  is the maximum BOD of the BOD matter that may be deposited during a month or the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms,

  RPR₁

  is the reference production rate of the mill for all finished product other than dissolving grade sulphite pulp, expressed in tonnes per day, and

  RPR₂

  is the reference production rate of the mill for dissolving grade sulphite pulp, expressed in tonnes per day.

• 21 (1) The maximum BOD of the BOD matter that the owner or operator of an off-site treatment facility referred to in paragraph 15(1)(c) may be authorized to deposit, or to permit the deposit of, under an authorization is as follows:

  • (a) in respect of a daily period, the amount determined using the formula

    Q_d = 0.375 x A

  and

  • (b) in respect of a month, the amount determined using the formula

  Q_m = 0.225 x A x D

  where

  A

  is the average daily BOD of the BOD matter in the effluent before it is treated by the off-site treatment facility, calculated for the preceding calendar year and expressed in kilograms,

  D

  is the number of calendar days in the month,

  Q_d

  is the maximum BOD of the BOD matter that may be deposited during a daily period, expressed in kilograms, and

  Q_m

  is the maximum BOD of the BOD matter that may be deposited during a month, expressed in kilograms.

• (2) The maximum quantities of suspended solids that the owner or operator of an off-site treatment facility referred to in paragraph 15(1)(c) may be authorized to deposit under an authorization are as follows:

  • (a) in respect of a daily period, the amount determined using the formula

    Q_d = 0.563 x A

  and

  • (b) in respect of a month, the amount determined using the formula

  Q_m = 0.338 x A x D

  where

  A

  is the average daily BOD of the BOD matter in the effluent before it is treated by the off-site treatment facility, calculated for the preceding calendar year and expressed in kilograms,

  D

  is the number of calendar days in the month,

  Q_d

  is the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms, and

  Q_m

  is the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms.

• (3) The value of A and the supporting data referred to in paragraph 7(1)(i) for each calendar year shall be submitted to the authorization officer no later than January 31 of the following calendar year.

• (4) If there are insufficient data on which to calculate the value of A, an estimate of that value may be made based on the data that are available.

22 to 26 [Repealed, SOR/2004-109, s. 15]

Information on Outfall Structures

• 27 (1) The information on outfall structures required by paragraph 7(1)(j) is as follows:

  • (a) a general description of each outfall structure, together with its plans and specifications; and

  • (b) a description of the portion of each outfall structure situated at the point at which effluent is deposited, as it pertains to the dispersion of deleterious substances, and more particularly a description of the design, location and maintenance of that portion.

• (2) The information on each outfall structure shall be submitted no later than

  • (a) 30 days after the day on which this subsection comes into force; or

  • (b) the day on which the mill or off-site treatment facility becomes subject to these Regulations, if that day is after the period referred to in paragraph (a).

• (3) The information on any proposed change to an outfall structure shall be submitted at least 90 days before the change is made.

Environmental Effects Monitoring Studies

• 28 (1) The owner or operator of a mill or an off-site treatment facility shall conduct environmental effects monitoring studies of the potential effects of effluent on the fish population, on fish tissue and on the benthic invertebrate community.

• (2) Environmental effects monitoring studies consist of the sublethal toxicity testing referred to in section 29 and the biological monitoring studies referred to in section 30.

• (3) The studies shall be performed and their results recorded, interpreted and reported in accordance with generally accepted standards of good scientific practice at the time that the studies are performed.

• (4) The owner or operator shall submit to the authorization officer reports of the results of the studies in writing and the supporting data in the electronic format provided by the federal Department of the Environment.

• 29 (1) Sublethal toxicity testing shall be conducted in accordance with section 2 of Schedule IV.1, twice in each calendar year, on the aliquots of effluent samples collected in accordance with section 3 of Schedule II from the outfall structure that has potentially the most adverse environmental impact.

• (2) A report on the sublethal toxicity tests shall be prepared twice in each calendar year and submitted to the authorization officer within three months after the completion of the tests.

• (3) Despite subsections (1) and (2), the owner or operator of a mill or an off-site treatment facility that deposits effluent from the outfall structure referred to in subsection (1) on fewer than 120 days in any calendar year is required to conduct and submit the report on the sublethal toxicity tests only once in respect of that calendar year.

• (4) Despite subsections (1) to (3), the owner or operator of a mill is not required to conduct sublethal toxicity testing and submit a report on the sublethal toxicity tests if the mill has not produced pulp or paper products for at least eight consecutive months and has not resumed production.

• 30 (1) Biological monitoring studies shall be conducted and an interpretive report shall be submitted to the authorization officer, in accordance with sections 3 to 12 of Schedule IV.1, within three years, after

  • (a) the day on which a mill or an off-site treatment facility first becomes subject to these Regulations, which day shall not precede the coming into force of this section;

  • (b) the day on which a mill again becomes subject to these Regulations after having not produced pulp or paper products for at least eight consecutive months, which day shall not precede the coming into force of this section; or

  • (c) the day on which an off-site treatment facility again becomes subject to these Regulations after having not been subject to them for at least one calendar year, which day shall not precede the coming into force of this section.

  • (d) [Repealed, SOR/2008-239, s. 8]

• (2) Subject to subsections (3) to (5), subsequent biological monitoring studies shall be conducted and interpretive reports shall be submitted to the authorization officer within three years after the day on which the most recent interpretive report was required to be submitted.

• (3) The time limit for conducting the subsequent biological monitoring study on the fish population, referred to in paragraph 3(a) of Schedule IV.1, and for submitting the interpretive report in relation to this study, is six years after the day on which the most recent interpretive report was required to be submitted if

  • (a) according to the two most recent interpretive reports, the study has found no effects on the fish population; or

  • (b) the most recent interpretive report indicates the solutions to eliminate the effects on the fish population.

• (4) The time limit for conducting the subsequent biological monitoring study on the benthic invertebrate community, referred to in paragraph 3(c) of Schedule IV.1, and for submitting the interpretive report in relation to this study, is six years after the day on which the most recent interpretive report was required to be submitted if

  • (a) according to the two most recent interpretive reports, the study has found no effects on the benthic invertebrate community; or

  • (b) the most recent interpretive report indicates the solutions to eliminate the effects on the benthic invertebrate community.

• (5) The owner or operator of a mill is not required to conduct biological monitoring studies if the mill has not produced pulp or paper products for at least eight consecutive months and has not resumed production.

31 [Repealed, SOR/2008-239, s. 9]

Reports of Deposits out of the Normal Course of Events

• 32 (1) For the purpose of subsection 38(4) of the Act, the person occupying the position set out in column II of Schedule VI for the province, set out in column I, where the mill or the off-site treatment facility is located is a prescribed person.

• (2) Any person required by subsection 38(4) of the Act to report the occurrence of a deposit of a deleterious substance out of the normal course of events shall, if a deposit has occurred, submit a written report to an inspector or the person referred to in subsection (1) as soon as possible in the circumstances, but at the latest 30 days after the day on which the deposit occurred.

• (3) For the purpose of evaluating the effect of a deposit out of the normal course of events that has occurred from an outfall structure, the operator shall, in accordance with subsections 2(1) and (2) of Schedule II and as soon as possible in the circumstances,

  • (a) collect a grab sample from the outfall structure through which the deposit occurred and subject the sample to

    • (i) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition, and

    • (ii) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/14 Second Edition; and

  • (b) subject another sample, collected from the outfall structure through which the deposit occurred in accordance with section 6 of Schedule II, to a BOD test.

• (4) The collecting and testing of a sample under subsection (3) are not required if, for the purpose of monitoring effluent under paragraph 7(1)(b), the same sample has already been collected and the same test has been conducted whose result permits the determination of the effect of the deposit out of the normal course of events.

• (5) The written report shall contain the following information:

  • (a) the BOD of the BOD matter that was deposited, and the quantity of suspended solids that was deposited, that exceeded the maximum respective quantities authorized by section 14 or under an authorization or, if either of them cannot be determined, an estimate of that BOD or of that quantity of suspended solids, or both, along with information and supporting data on how the estimate was derived;

  • (b) an estimate of the BOD of the BOD matter that was deposited during any period in which the monitoring equipment was malfunctioning, and of the quantity of suspended solids that was deposited during that period, along with information and supporting data on how the estimate was derived;

  • (c) the volume or, if the volume cannot be determined, an estimate of the volume of acutely lethal effluent that was deposited and the results of the test that was conducted pursuant to subparagraph (3)(a)(i) or any test that meets the criteria of subsection (4);

  • (d) the results of the test that was conducted pursuant to subparagraph (3)(a)(ii) or any test that meets the criteria of subsection (4);

  • (e) the quantity of any deleterious substance that was deposited in any way other than through an outfall structure in respect of which a plan had been provided in accordance with paragraph 27(1)(a) or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived;

  • (f) the quantity of any deleterious substance that was deposited through an outfall structure through which untreated effluent is deposited or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived; and

  • (g) the circumstances of the deposit, the measures that were taken to mitigate the effects of the deposit and, if the emergency response plan prepared in accordance with section 11 was implemented, details concerning its implementation.

Part 2Port Alberni Mill

Application

33 This Part applies in respect of the Port Alberni Mill.

Authority to Deposit

• 34 (1) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of the mill may deposit, or permit the deposit of, BOD matter in Alberni Inlet if the BOD of the BOD matter does not exceed

  • (a) during any daily period, 5 641 kg; and

  • (b) during any month, an average of 3 385 kg per daily period.

• (2) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of the mill may deposit, or permit the deposit of, suspended solids in Alberni Inlet if the quantity of suspended solids does not exceed

  • (a) during any daily period, 10 154 kg; and

  • (b) during any month, an average of 6 092 kg per daily period.

• (3) The authority to deposit BOD matter and suspended solids conferred by subsections (1) and (2) does not confer any authority to deposit acutely lethal effluent.

• (4) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of the mill may deposit, or permit the deposit of, any concentration of acutely lethal effluent, any BOD matter and any quantity of suspended solids into

  • (a) a treatment facility that is owned or operated by the owner of the factory; or

  • (b) if the factory is part of a complex, the common treatment facility for the factories that are part of the complex.

Conditions Governing Authority to Deposit

• 35 (1) The authority of the owner or operator of the mill under section 34 is conditional on the operator

  • (a) installing, maintaining and calibrating monitoring equipment, and keeping records of that equipment, in accordance with section 8;

  • (b) monitoring effluent in accordance with Schedule II and submitting to the authorization officer a monthly report of the monitoring results and production information in accordance with subsections 9(1) and (3), other than paragraphs (1)(d) and (f);

  • (c) notifying an inspector, without delay, of any result of a test conducted in accordance with Schedule II and of any result of any additional test that was conducted on samples collected in accordance with the procedures specified in that Schedule, other than in the case of a deposit out of the normal course of events, that indicates a failure or non-compliance with these Regulations, and reporting the test results in writing to the inspector within 10 days after the notification;

  • (d) submitting the identifying information to the authorization officer in accordance with paragraph 10(1)(a) and subsections 10(2) and (3);

  • (e) preparing and updating annually a remedial plan describing the measures to be taken by the operator to eliminate all unauthorized deposits of deleterious substances in the case where effluent fails an acute lethality test conducted in accordance with Schedule II;

  • (f) conducting a dissolved oxygen monitoring program in accordance with Schedule VII and submitting to the authorization officer data obtained from the program and reports in accordance with section 36;

  • (g) preparing an emergency response plan in accordance with section 11 and making it readily available on site to persons who are to implement the plan;

  • (h) submitting the information on outfall structures to the authorization officer in accordance with section 37, and depositing effluent only through those outfall structures;

  • (i) complying with the requirements for environmental effects monitoring studies set out in sections 28 and 29 and conducting biological monitoring studies and submitting an interpretive report to the authorization officer, in accordance with sections 3 to 12 of Schedule IV.1, no later than April 1, 2007, and, with respect to subsequent biological monitoring studies and reports, complying with the requirements of subsections 30(2) and (3); and

  • (j) keeping available for inspection

    • (i) for at least five years, the information and data specified in section 8.2 of Reference Method EPS 1/RM/13 Second Edition and section 8.2 of Reference Method EPS 1/RM/14 Second Edition,

    • (ii) for at least three years, the results of all pH levels and electrical conductivity tests conducted in accordance with Schedule II,

    • (iii) for at least five years, a remedial plan and every update of it,

    • (iv) for at least five years, an emergency response plan and every update of it, and

    • (v) for at least six years, all records, reports and data collected or prepared for the purposes of an environmental effects monitoring study.

• (2) The authority of the owner or operator of the mill under section 34 is also conditional on the operator

  • (a) not combining any treated effluent with water before the treated effluent is deposited; and

  • (b) not combining any treated effluent with any other effluent before the treated effluent is deposited, unless

    • (i) neither the treated effluent nor the other effluent is acutely lethal, and

    • (ii) the treated effluent and the other effluent are monitored in accordance with sections 17 to 19 of Schedule II before they are combined.

• (3) The authority of the owner of the mill under section 34 is, if the owner is not the same person as the operator, also conditional on the owner exercising all due diligence to ensure that the operator meets the applicable conditions specified in this section.

Submission of Data and Reports in Respect of the Dissolved Oxygen Monitoring Program

• 36 (1) The data obtained from the dissolved oxygen monitoring program referred to in paragraph 35(1)(f) shall be submitted to the authorization officer no later than 30 days after the end of the month in which the data are collected.

• (2) An interpretive report that describes and evaluates the data obtained from the dissolved oxygen monitoring program in any calendar year shall be submitted to the authorization officer no later than March 31 following that calendar year.

• (3) The data and the report shall be submitted electronically in the format provided by the federal Department of the Environment, but they shall be submitted in writing if

  • (a) no such format has been provided; or

  • (b) it is, owing to circumstances beyond the operator’s control, impracticable to submit them electronically in the format provided.

Information on Outfall Structures

• 37 (1) The information on outfall structures required by paragraph 35(1)(h) is as follows:

  • (a) a general description of each outfall structure, together with its plans and specifications; and

  • (b) a description of the portion of each outfall structure situated at the point at which effluent is deposited, as it pertains to the dispersion of deleterious substances, and more particularly a description of the design, location and maintenance of that portion.

• (2) Information on any proposed change to an outfall structure shall be submitted at least 90 days before the change is made.

Reports of Deposits out of the Normal Course of Events

• 38 (1) For the purpose of subsection 38(4) of the Act, the person occupying the position set out in item 6, column II, of Schedule VI is a prescribed person.

• (2) Any person required by subsection 38(4) of the Act to report the occurrence of a deposit of a deleterious substance out of the normal course of events shall, if a deposit has occurred, submit a written report to an inspector or the person referred to in subsection (1) as soon as possible in the circumstances, but at the latest 30 days after the day on which the deposit occurred.

• (3) For the purpose of evaluating the effect of a deposit out of the normal course of events that has occurred from an outfall structure, the operator shall, in accordance with subsection 2(1) of Schedule II and as soon as possible in the circumstances,

  • (a) collect a grab sample from the outfall structure through which the deposit occurred and subject the sample to

    • (i) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition, and

    • (ii) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/14 Second Edition; and

  • (b) subject another sample, collected from the outfall structure through which the deposit occurred in accordance with section 6 of Schedule II, to a BOD test.

• (4) The collecting and testing of a sample under subsection (3) are not required if, for the purpose of monitoring effluent under paragraph 35(1)(b), the same sample has already been collected and the same test has been conducted whose result permits the determination of the effect of the deposit out of the normal course of events.

• (5) The written report shall contain the following information:

  • (a) the BOD of the BOD matter that was deposited, and the quantity of suspended solids that was deposited, that exceeded the maximum respective quantities authorized by section 34 or, if either of them cannot be determined, an estimate of that BOD or of that quantity of suspended solids, or both, along with information and supporting data on how the estimate was derived;

  • (b) an estimate of the BOD of the BOD matter that was deposited during any period in which the monitoring equipment was malfunctioning, and of the quantity of suspended solids that was deposited during that period along with information and supporting data on how the estimate was derived;

  • (c) the volume or, if the volume cannot be determined, an estimate of the volume of acutely lethal effluent that was deposited and the results of the test that was conducted pursuant to subparagraph (3)(a)(i) or any test that meets the criteria of subsection (4);

  • (d) the results of the test that was conducted pursuant to subparagraph (3)(a)(ii) or any test that meets the criteria of subsection (4);

  • (e) whether any sample of effluent failed an acute lethality test or a Daphnia magna test conducted in accordance with sections 17 and 18 of Schedule II;

  • (f) the quantity of any deleterious substance that was deposited in any way other than through an outfall structure in respect of which a plan had been provided in accordance with paragraph 37(1)(a) or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived;

  • (g) the quantity of any deleterious substance that was deposited through an outfall structure through which untreated effluent is deposited or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived; and

  • (h) the circumstances of the deposit, the measures that were taken to mitigate the effects of the deposit and, if the emergency response plan prepared in accordance with section 11 was implemented, details concerning its implementation.

39 [Repealed, SOR/2004-109, s. 18]

SCHEDULE IV(Subsection 18(2))

Authorization

[Name and address of owner and operator]

Owner:		Operator:

in respect of [name and address of mill or off-site treatment facility]

is/are hereby authorized, as of [date] , until [date] ,

[Check items that apply.]

☐ To combine treated effluent with other effluent before the treated effluent is deposited.

☐ To deposit BOD of the BOD matter and suspended solids in the quantities and during the periods indicated as follows:

MAXIMUM QUANTITIES PER DAILY PERIOD
BOD OF THE MATTER (kg)	SUSPENDED SOLIDS (kg)

NUMBER OF DAYS IN THE MONTH		MAXIMUM QUANTITIES PER MONTH
		BOD OF THE BOD MATTER (kg)	SUSPENDED SOLIDS (kg)
☐ 28 days	☐ 29 days
☐ 30 days
☐ 31 days

RPR:	t/d	Bo:	kg/d	So :	kg/d
RPR1:	t/d	RPR2 :	t/d	A:	kg/d

NOTE: These parameters are defined in sections 19 to 21 of the Pulp and Paper Effluent Regulations.

IMPORTANT:

Please refer to section 7 of the Pulp and Paper Effluent Regulations for conditions governing the authority to deposit. In addition, please note that this authorization may be amended or withdrawn in accordance with section 18 of those Regulations.

Authorization Officer:	[Signature]		Date:
	[Name]
	[Title]

• SOR/2004-109, s. 29