Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Fisheries Act. (Loi)

acutely lethal

acutely lethal, in relation to effluent, means that the effluent at 100% concentration kills, during a 96-hour period, more than 50% of the rainbow trout subjected to it. (létalité aiguë)

aquatic species

aquatic species includes an aquatic species as defined in subsection 2(1) of the Species at Risk Act. (espèce aquatique)

authorization officer

authorization officer, in respect of a province set out in column 1 of Schedule 1 and for each type of owner set out in column 2 of a wastewater system located in the province, means the holder of the position set out in column 3. (agent d’autorisation)

blackwater

blackwater means used water from sanitary appliances that contains human fecal matter or human urine. (eaux-vannes)

carbonaceous biochemical oxygen demanding matter

carbonaceous biochemical oxygen demanding matter or CBOD matter means carbonaceous matter that consumes, by biochemical oxidation, oxygen dissolved in water. (matières exerçant une demande biochimique en oxygène de la partie carbonée ou matière exerçant une DBOC)

combined sewer

combined sewer means a sewer that is designed to collect surface runoff and stormwater in such a manner that it mixes with wastewater referred to in any of paragraphs (a) to (c) of the definition wastewater or any combination of wastewater referred to in those paragraphs. (égout unitaire)

effluent

effluent means wastewater that is deposited from a wastewater system. (effluent)

final discharge point

final discharge point means the point, other than an overflow point, of a wastewater system beyond which its owner or operator no longer exercises control over the quality of the wastewater before it is deposited as effluent in water or a place. (point de rejet final)

greywater

greywater means used water, other than blackwater, from sanitary appliances or from other appliances in a kitchen or laundry. (eaux grises)

hydraulic retention time

hydraulic retention time, in relation to a wastewater system, means the average period during which wastewater is retained for treatment within the wastewater system. (temps de rétention hydraulique)

influent

influent means wastewater entering a wastewater system. (affluent)

overflow point

overflow point means a point of a wastewater system via which excess wastewater may be deposited in water or a place and beyond which its owner or operator no longer exercises control over the quality of wastewater before it is deposited as effluent. (point de débordement)

point of entry

point of entry, in relation to the final discharge point or an overflow point of a wastewater system, means

• (a) the point where effluent is deposited in water frequented by fish via the final discharge point or the overflow point, as the case may be; or

• (b) any point where the effluent enters that water from the place where it was deposited via the final discharge point or the overflow point, as the case may be. (point d’entrée)

previous calendar year

previous calendar year, in respect of a given period and a wastewater system, means the most recent calendar year during which effluent was deposited via the system’s final discharge point that ended before the given period. (année civile précédente)

previous month

previous month, in respect of a given period and a wastewater system, means the most recent month during which effluent was deposited via the system’s final discharge point that ended before the given period. (mois précédent)

previous quarter

previous quarter, in respect of a given period and a wastewater system, means the most recent quarter during which effluent was deposited via the system’s final discharge point that ended before the given period. (trimestre précédent)

Procedure for pH Stabilization EPS 1/RM/50

Procedure for pH Stabilization EPS 1/RM/50 means the Procedure for pH Stabilization During the Testing of Acute Lethality of Wastewater Effluent to Rainbow Trout (EPS 1/RM/50), March 2008, published by the Department of the Environment, as amended from time to time. (Procédure de stabilisation du pH SPE 1/RM/50)

protected species

protected species means a wildlife species as defined in subsection 2(1) of the Species at Risk Act that is

• (a) a species at risk as defined in subsection 2(1) of that Act or is a species that is listed in Schedule 1 to that Act; or

• (b) a species that is protected, or classified as an endangered species or a threatened species as defined in subsection 2(1) of that Act, under the laws of a province. (espèce protegée)

quarter

quarter, in respect of a year, means any of the four periods of three months that begin on the first day of January, April, July and October. (trimestre)

Reference Method EPS 1/RM/13

Reference Method EPS 1/RM/13 means the Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (EPS 1/RM/13 Second Edition), December 2000 with May 2007 amendments, published by the Department of the Environment, as amended from time to time. (Méthode de Référence SPE 1/RM/13)

sanitary sewer

sanitary sewer means a sewer that is designed to collect wastewater referred to in any of paragraphs (a) to (c) of the definition wastewater or any combination of wastewater referred to in those paragraphs. (égout sanitaire)

suspended solids

suspended solids means any solid matter contained in effluent that is retained on a filter of 2.0 micrometre (μm) or smaller pore size. (matières en suspension)

total residual chlorine

total residual chlorine means the sum of free chlorine and combined chlorine, including inorganic chloramines. (chlore résiduel total)

wastewater

wastewater means

• (a) blackwater;

• (b) greywater that is mixed with blackwater;

• (c) used water — other than blackwater and greywater — from an industrial, commercial or institutional facility that is mixed with blackwater; or

• (d) surface runoff and stormwater that is mixed with blackwater. (eaux usées)

wastewater system

wastewater system means any work or undertaking, at least part of which is located on land, that is used for the collection and deposit of wastewater, whether or not the wastewater is treated, and includes a site that contains a wastewater lagoon. (système d’assainissement)

Application

Marginal note:Application

• 2 (1) These Regulations apply in respect of a wastewater system that, when it deposits effluent via its final discharge point, deposits a deleterious substance prescribed in section 5 in water or a place referred to in subsection 36(3) of the Act and that

  • (a) is designed to collect an average daily volume of 100 m³ or more of influent; or

  • (b) during any calendar year, collects an average daily volume of 100 m³ or more of influent.

• Marginal note:Annual exceptions

  (2) Despite paragraph (1)(a), these Regulations do not, for the subsequent calendar year, apply in respect of a wastewater system referred to in that paragraph that, during a calendar year, collected an average daily volume of less than 100 m³ of influent.

• Marginal note:Non‑applica­tion — areas

  (3) These Regulations do not apply in respect of a wastewater system located

  • (a) in the Northwest Territories;

  • (b) in Nunavut; or

  • (c) north of the 54th parallel in Quebec or Newfoundland and Labrador.

• Marginal note:Non‑applica­tion — industrial, commercial or institutional influent

  (4) These Regulations do not apply in respect of a wastewater system that is located on the site of an industrial, commercial or institutional facility if the wastewater system is designed to collect influent whose volume consists of less than 50% blackwater and greywater combined.

• Marginal note:Non‑applica­tion — pulp and paper mills

  (5) These Regulations do not apply in respect of a mill as defined in section 2 of the Pulp and Paper Effluent Regulations.

Marginal note:Types of wastewater systems

3 For the purpose of these Regulations, there are two types of wastewater systems, as follows:

• (a) an intermittent wastewater system, namely, one with a hydraulic retention time of at least 90 days that deposits effluent via its final discharge point during at most four periods per calendar year, each of which is separated from every other period by at least seven clear days during which no deposit occurs; and

• (b) a continuous wastewater system, namely, any wastewater system other than an intermittent wastewater system.

Marginal note:Consolidated wastewater systems

• 4 (1) If an owner of at least 10 wastewater systems — none of which treats its wastewater in a manner that would permit the deposit of effluent via its final discharge point that meets the condition set out in paragraph 6(1)(a) or (b) (referred to in these Regulations as an “original wastewater system”) — plans to consolidate those original wastewater systems into one or more wastewater systems (referred to in these Regulations as a “planned consolidated wastewater system”), the original wastewater systems that constitute each of those planned consolidated wastewater systems are, on the receipt by an authorization officer of a consolidation plan referred to in subsection (3), deemed to be a single wastewater system (referred to in these Regulations as a “fictional consolidated wastewater system”).

• Marginal note:Final discharge point

  (2) The final discharge point for each fictional consolidated wastewater system is deemed to be the final discharge point of the original wastewater system — among all of the original wastewater systems that constitute that fictional consolidated wastewater system — that is allocated the greatest number of points under the table to Schedule 2.

• Marginal note:Consolidation plan

  (3) The consolidation plan must contain the following information:

  • (a) a description of the modifications to be made to each of the original wastewater systems so that the effluent deposited via the final discharge point for the planned consolidated wastewater system is not acutely lethal and meets the conditions for authorization set out in paragraphs 6(1)(a) and (b), along with a schedule for implementation of the plan;

  • (b) a statement identifying the final discharge point of each of the original wastewater systems that are, under the plan, to be eliminated, including the information referred to in paragraph 18(1)(e) for each of those final discharge points; and

  • (c) the information referred to in paragraphs 18(1)(f) and (g) in respect of the final discharge point and the overflow points for the planned consolidated wastewater system.

PART 1Authorization to Deposit

Effluent Containing Deleterious Substances

Marginal note:Prescribed deleterious substances

5 For the purpose of the definition deleterious substance in subsection 34(1) of the Act, the following substances or classes of substances are prescribed as deleterious substances:

• (a) carbonaceous biochemical oxygen demanding matter;

• (b) suspended solids;

• (c) total residual chlorine; and

• (d) un-ionized ammonia.

Marginal note:Authorization to deposit

• The following provision is not in force.

  6 (1) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a wastewater system may — during a given calendar year, quarter or month, determined in accordance with subsection (2) — deposit or permit the deposit of effluent that contains any of the deleterious substances prescribed in section 5 via the system’s final discharge point in any water or place referred to in subsection 36(3) of the Act if the effluent is not acutely lethal as determined in accordance with section 15 and if — during the previous calendar year, previous quarter or previous month, determined in accordance with subsection (2) — the effluent met the following conditions:

  • (a) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent did not exceed 25 mg/L;

  • (b) the average concentration of suspended solids in the effluent did not exceed 25 mg/L;

  • (c) the average concentration of total residual chlorine in the effluent did not exceed 0.02 mg/L, if chlorine, or one of its compounds, was used in the treatment of wastewater; and

  • (d) the maximum concentration of un-ionized ammonia in the effluent was less than 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C.

• Marginal note:Averaging period

  (2) The averages referred to in paragraphs (1)(a) to (c) and the maximum referred to in paragraph (1)(d) must be determined on the following basis:

  • (a) each calendar year, if the average daily volume of effluent deposited via the final discharge point during the previous calendar year was

    • (i) less than or equal to 17 500 m³, for an intermittent wastewater system, or

    • (ii) less than or equal to 2 500 m³, for a continuous wastewater system with a hydraulic retention time of five or more days;

  • (b) each quarter, if the average daily volume of effluent deposited via the final discharge point during the previous calendar year was

    • (i) greater than 2 500 m³ and less than or equal to 17 500 m³, for a continuous wastewater system with a hydraulic retention time of five or more days, and

    • (ii) less than or equal to 17 500 m³, for any other continuous wastewater system; and

  • (c) each month, if the average daily volume of effluent deposited via the final discharge point during the previous calendar year was greater than 17 500 m³.

• Marginal note:Determination of averages and maximum

  (3) The averages referred to in paragraphs (1)(a) and (b) and the maximum referred to in paragraph (1)(d) must be determined

  • (a) for an intermittent wastewater system, based on samples of effluent referred to in subsections 10(1) and, if applicable, 10(5), in accordance with subsection 10(4); and

  • (b) for a continuous wastewater system, based on samples of effluent referred to in, as the case may be subsection 10(2) or (3) and, if applicable, subsection 10(5), in accordance with subsection 10(4).

• Marginal note:Determinations for additional samples

  (4) A determination made under subsection 10(4) or (5), as the case may be, for any sample beyond the number of samples required under subsection 10(1), (2) or (3) must, if that determination were made by an accredited laboratory referred to in section 16, be included when determining an average or the maximum under subsection (3).

• Marginal note:Determination of SS average during July, August, September or October

  (5) For an intermittent wastewater system or a continuous wastewater system with a hydraulic retention time of five or more days, the determination of the average referred to in paragraph (1)(b) is not to take into account the result of any determination of the concentration of suspended solids in a sample of effluent referred to in paragraph 10(4)(b) that was taken during the month of July, August, September or October, if that result is greater than 25 mg/L.

• Marginal note:When SS average is deemed to be 0 mg/L

  (6) If subsection (5) applies to every sample referred to in paragraph (3)(a) that is used to determine the average referred to in paragraph (1)(b), that average is deemed to be 0 mg/L.

• The following provision is not in force.

  Marginal note:Conditions

  (7) The authorization granted to an owner or operator under subsection (1) is conditional on the owner or operator

  • (a) determining the average daily volume of effluent deposited annually via the final discharge point in accordance with section 7;

  • (b) for an intermittent wastewater system, either installing, maintaining and calibrating the monitoring equipment referred to in subparagraph 7(2)(a)(i) in accordance with section 9 or establishing a method of estimation referred to in subparagraph 7(2)(a)(ii) in accordance with subsection 7(4) and maintaining it;

  • (c) for a continuous wastewater system, installing, maintaining and calibrating the monitoring equipment referred to in subparagraph 7(2)(b)(i) or (ii), as the case may be, in accordance with section 9;

  • (d) monitoring effluent in accordance with sections 10 and 11 and sending a monitoring report in accordance with section 19;

  • (e) keeping the record required under section 17;

  • (f) sending an identification report in accordance with section 18; and

  • (g) sending the overflow report, if applicable, required under section 20 in accordance with subsections 19(4) and (5).

Volume of Effluent

Marginal note:Average daily volume deposited annually

• 7 (1) The owner or operator of a wastewater system must, for each calendar year, calculate the average daily volume of effluent deposited via the system’s final discharge point by

  • (a) determining, in accordance with subsection (2), for each day during that calendar year when effluent was deposited, the volume of effluent deposited via the final discharge point, expressed in m³;

  • (b) calculating the sum of the daily volumes of effluent referred to in paragraph (a); and

  • (c) dividing that sum by the number of days in that calendar year.

• Marginal note:Daily volumes

  (2) The volume of effluent during each day referred to in paragraph (1)(a) must be determined

  • (a) for an intermittent wastewater system,

    • (i) by using monitoring equipment referred to in section 9 that provides

      • (A) a continuous measure of the volume of influent, or effluent deposited via the final discharge point, during that day, or

      • (B) a measure of the rate of flow of the influent or that effluent upon which that daily volume may be estimated, or

    • (ii) by using a method of estimation in accordance with subsection (4);

  • (b) for a continuous wastewater system, by using monitoring equipment referred to in section 9 that provides

    • (i) a continuous measure of the volume of influent, or effluent deposited via the final discharge point, during that day, if the average daily volume of effluent deposited via the final discharge point during the previous calendar year was more than 2 500 m³, and

    • (ii) a continuous measure of that volume or a measure of the rate of flow of that influent or effluent upon which that daily volume of effluent may be estimated, in any other case.

• Marginal note:Estimate of daily volume based on measured rate of flow

  (3) The estimation of the volume of effluent deposited during a day referred to in paragraph (1)(a) based on a measured rate of flow, referred to in clause (2)(a)(i)(B) or subparagraph (2)(b)(ii), is to be done as follows:

  • (a) measure the rate of flow of influent, or effluent deposited via the final discharge point, in any chosen unit of volume for any chosen unit of time; and

  • (b) calculate that volume based on that rate of flow for the duration of the deposits of effluent made on that day and, if applicable, convert it to m³.

• Marginal note:Method of estimation — intermittent wastewater systems

  (4) The owner or operator of an intermittent wastewater system who has established a method of estimation of the volume of effluent must ensure that it is based on generally accepted engineering practices and use it to estimate the daily volume of effluent deposited via the final discharge point with a margin of error of ±15%.

Marginal note:Default measurement

• 8 (1) If the average daily volume of effluent deposited via the final discharge point of a wastewater system for a previous calendar year cannot be determined under paragraph 7(2)(a) or (b), as the case may be, that average daily volume must be determined on the basis of the system’s average design rate of flow of influent.

• Marginal note:One-time use of default measurement

  (2) If subsection (1) has been applied in respect of a wastewater system for a calendar year, it is not to be applied in respect of the wastewater system for any subsequent calendar year.

Monitoring

Monitoring Equipment

Marginal note:Requirements

• 9 (1) The owner or operator of a continuous wastewater system must — by January 1, 2013 — have installed monitoring equipment that provides

  • (a) a continuous measure of the volume of influent or effluent, if, during the previous calendar year, the average daily volume of effluent deposited via the system’s final discharge point determined in accordance with section 7 or 8, as the case may be, was more than 2 500 m³; and

  • (b) either a continuous measure of the volume of the influent or effluent or a measure of the rate of flow of the influent or effluent, if, during the previous calendar year, the average daily volume of effluent deposited via the system’s final discharge point determined in accordance with section 7 or 8, as the case may be, was 2 500 m³ or less.

• Marginal note:Maintenance and calibration

  (2) The owner or operator of a wastewater system who has installed monitoring equipment must maintain and calibrate that equipment so that it may be used to determine the volume of effluent deposited via the final discharge point in accordance with, as the case may be, subparagraph 7(2)(a)(i) or paragraph 7(2)(b).

• Marginal note:Frequency of calibration

  (3) The owner or operator must calibrate the monitoring equipment at least once in every calendar year and at least five months after a previous calibration.

• Marginal note:Accuracy

  (4) The monitoring equipment must determine the volume or rate of flow with a margin of error of ±15%.

Composition of the Effluent

Marginal note:Taking of samples — intermittent wastewater system

• 10 (1) The owner or operator of an intermittent wastewater system must, during each period referred to in paragraph 3(a), take at the system’s final discharge point a grab or composite sample of effluent at the following minimum frequency:

  • (a) if the period is more than 30 days, every two weeks but at least seven days after any other sample; and

  • (b) in any other case, once.

• Marginal note:Taking of samples — continuous wastewater system

  (2) The owner or operator of a continuous wastewater system that — during the previous calendar year in respect of the calendar year, quarter or month in question — deposited via the system’s final discharge point an average daily volume of effluent set out in column 1 of the table to this subsection must, for that calendar year, quarter or month, take at the final discharge point a sample of effluent of the type set out in column 2 at the minimum frequency set out in column 3.

  Item	Column 1	Column 2	Column 3
  	Average Daily Volume Deposited Annually (m3)	Type of Sample to be Taken	Minimum Sampling Frequency
  1	≤ 2 500	Grab or composite	Monthly but at least 10 days after any other sample
  2	> 2 500 and ≤ 17 500	Composite	Every two weeks but at least seven days after any other sample
  3	> 17 500 and ≤ 50 000	Composite	Weekly but at least five days after any other sample
  4	> 50 000	Composite	Three days per week but at least one day after any other sample

• Marginal note:Sampling and frequency for certain continuous systems

  (3) Despite subsection (2), the owner or operator of a continuous wastewater system with a hydraulic retention time of five or more days must

  • (a) take a grab or composite sample; and

  • (b) reduce the minimum sampling frequency to quarterly, but at least 60 days after any other sample was taken, if the system deposited via its final discharge point an average daily volume of less than or equal to 2500 m³ of effluent during the previous calendar year referred to in subsection (2).

• Marginal note:Determination of certain deleterious substances

  (4) The owner or operator must, for each sample taken under subsection (1), (2) or (3), determine, or cause the determination of

  • (a) the carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent, in accordance with section 12; and

  • (b) the concentration of suspended solids in the effluent, in accordance with section 13.

• Marginal note:Before July 1, 2014 — additional determination

  (5) Until July 1, 2014, the owner or operator must, for each sample taken under subsection (1), (2) or (3), determine, or cause the determination of, the concentration of un-ionized ammonia in the effluent, in accordance with the formula and a test method referred to in section 14.

Acute Lethality Testing

Test Methods

Marginal note:CBOD matter

12 The demand due to the quantity of carbonaceous biochemical oxygen demanding matter in the effluent must be determined in accordance with a five-day biochemical oxygen demand test with nitrification inhibition.

Marginal note:Suspended solids

13 The concentration of suspended solids in the effluent must be determined in accordance with a total suspended solids test.

Marginal note:Un-ionized ammonia

• 14 (1) The concentration of un-ionized ammonia in the effluent must be determined in accordance with the following formula:

  total ammonia × 1 ÷ (1 +10^{9.56 – pH})

  where

  total ammonia

  is the concentration of total ammonia — namely, un-ionized ammonia (NH₃) plus ionized ammonia (NH₄⁺) — determined in accordance with subsection (2), expressed in mg/L as nitrogen (N); and

  pH

  is the pH of the effluent adjusted to 15°C ± 1°C and determined in accordance with subsection (3).

• Marginal note:Concentration of total ammonia

  (2) The concentration of total ammonia in the effluent must be determined by using an aliquot of the same sample of effluent from which the pH of the effluent was determined and testing it in accordance with a total ammonia test.

• Marginal note:pH

  (3) The pH of the effluent must be determined by using an aliquot of the same sample of effluent from which the concentration of total ammonia of the effluent was determined and testing it in accordance with a pH test.

Accredited Laboratory

Marginal note:Accredited laboratory

16 A determination referred to in subsection 10(4) or (5) or 11(2) or (3), paragraph 34(1)(a) or (b) or (4)(a) and any determination necessary to make that determination — other than the determination of pH of water necessary to make the determination referred to in subsection 34(3) — must be made

• (a) by a laboratory

  • (i) that is accredited under the International Organization for Standardization standard ISO/IEC 17025:2005 entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement, and

  • (ii) whose accreditation includes the analytical method used to make the determination; or

• (b) by a laboratory

  • (i) that is accredited under the Environment Quality Act, R.S.Q., c. Q-2, as amended from time to time, by an accreditation body that is recognized in accordance with that Act, and

  • (ii) whose accreditation includes the analytical method used to make the determination.

Record Keeping

Marginal note:Information to be recorded

17 The owner or operator of a wastewater system must keep the report on each determination made by an accredited laboratory referred to in section 16 and a record that contains the following information:

• (a) for the final discharge point,

  • (i) the date of each day on which effluent was not deposited via the final discharge point,

  • (ii) the date of each day on which effluent was deposited via the final discharge point, and

  • (iii) for each of the days referred to in subparagraph (ii)

    • (A) for a wastewater system whose daily volume of effluent referred to in paragraph 7(1)(a) was determined using monitoring equipment referred to in section 9

      • (I) the daily volume of the effluent, expressed in m³, if that volume is yielded by a continuous measure, and

      • (II) the estimated daily volume, expressed in m³, as determined in accordance with subsection 7(3) and the results of the measurement and the calculation referred to in paragraphs 7(3)(a) and (b), in any other case, and

    • (B) for an intermittent wastewater system whose daily volume of effluent referred to in paragraph 7(1)(a) was determined using a method of estimation in accordance with subsection 7(4), the estimated daily volume, expressed in m³, and

  • (iv) the average daily volume of effluent deposited annually, expressed in m³, determined in accordance with subsection 8(1), if applicable;

• (b) for each combined sewer overflow point via which effluent is deposited because of precipitation, including the melting of snow or ice, that resulted in excess wastewater in the wastewater system,

  • (i) the date of each day on which effluent was deposited via the overflow point,

  • (ii) for each of those days, the duration or estimated duration, expressed in hours, of the deposit, along with an indication of whether it is the duration or an estimated duration and

    • (A) the daily volume of the effluent deposited, expressed in m³, if that volume is yielded by a continuous measure, and

    • (B) the estimated daily volume of the effluent deposited, expressed in m³, in any other case,

  • (iii) the volume or estimated volume, expressed in m³, of effluent for each month during which effluent was deposited via the overflow point, and

  • (iv) the number of days in each of those months during which effluent was deposited via the overflow point;

• (c) for any monitoring equipment referred to in section 9,

  • (i) a description, including its type,

  • (ii) if applicable, the manufacturer’s specifications, the year of manufacture and the model number,

  • (iii) each date on which the equipment was calibrated and its degree of accuracy after each calibration, and

  • (iv) the date on which the equipment was installed and, if applicable, the date on which it ceased to be used for monitoring and on which it was replaced;

• (d) for each sample referred to in subsection 10(1), (2) or (3), as the case may be, and, if applicable, subsection 6(4),

  • (i) the results of the determinations referred to in subsection 10(4), and

  • (ii) a statement as to whether the sample is a grab sample or a composite sample and the date on which the sample was taken;

• (e) for each sample referred to in subsections 10(5) and, if applicable 6(4),

  • (i) the results of the determination referred to in subsection 10(5),

  • (ii) the results of the determination of the concentration of total ammonia in the effluent and of the pH of the effluent referred to in subsections 14(2) and (3), respectively, that were used to make the determination referred to in subsection 10(5), and

  • (iii) a statement as to whether the sample is a grab sample or a composite sample and the date on which the sample was taken;

• (f) for each sample referred to in section 11 whose acute lethality was determined in accordance with section 15, the information referred to in section 8 of Reference Method EPS 1/RM/13 and, if the acute lethality of the effluent was determined in accordance with that method used with the Procedure for pH Stabilization EPS 1/RM/50, section 3 of that procedure;

• (g) if the owner or operator holds of a temporary authorization issued under subsection 36(1),

  • (i) for each sample referred to in paragraph (d),

    • (A) the result of the determination referred to in paragraph 38(b),

    • (B) the results of the determination of the concentration of total ammonia in the effluent and of the pH of the effluent referred to in subsections 14(2) and (3), respectively, that were used to make the determination referred to in clause (A),

    • (C) a statement as to whether the sample is a grab sample or a composite sample and the date on which the sample was taken, and

  • (ii) the result of the determination referred to in paragraph 38(c) for each August and a description of how that determination was made.

Reporting

Identification Report

Marginal note:Required information

• 18 (1) The owner or operator of a wastewater system must send to the authorization officer an identification report that contains 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;

  • (d) with respect to the wastewater system:

    • (i) a statement indicating whether it is an intermittent or continuous wastewater system,

    • (ii) for a continuous wastewater system, a statement indicating whether its hydraulic retention time is five days or more,

    • (iii) a statement indicating whether the system is owned or operated, or both, by one or several of the following:

      • (A) Her Majesty in right of Canada or another federal body,

      • (B) Her Majesty in right of a province or another provincial body,

      • (C) a municipality or another local authority,

      • (D) an Aboriginal organization, including an Indian, an Inuit or a Métis government or the council of the band, as defined in subsection 2(1) of the Indian Act, or

      • (E) an entity other than one referred to in clauses (A) to (D), and

    • (iv) the type of wastewater treatment, if any, including whether chlorine, or one of its compounds, is used, and a description of the type;

  • (e) the latitude and longitude of the final discharge point;

  • (f) for a point of entry in relation to the final discharge point,

    • (i) its latitude and longitude,

    • (ii) a description of the water frequented by fish into which effluent is deposited, including

      • (A) a description of its use, if any, and

      • (B) its name, if any, and the name, if any, of the body of water that includes that water, and

    • (iii) a statement as to whether the effluent is deposited in water frequented by fish via the final discharge point or from a place where it was deposited via the final discharge point;

  • (g) the number of overflow points for each of the combined sewers and sanitary sewers of the wastewater system and the latitude and longitude of each of those overflow points;

  • (h) for a point of entry in relation to each overflow point, a description of the water frequented by fish into which effluent is deposited, including

    • (i) a description of its use, if any, and

    • (ii) its name, if any, and the name, if any, of the body of water that includes that water; and

  • (i) for the calendar year before the calendar year in which the identification report is sent, the average daily volume, expressed in m³, of effluent deposited via the wastewater system’s final discharge point — calculated in accordance with subsection 7(1) or by using another method based on measurements or, if not so calculated, determined on the basis of the system’s average design rate of flow of influent — and a statement of the method of calculation or determination used and, if the method was another method of calculation based on measurements, a brief description of that method.

• Marginal note:Required information — fictional consolidated wastewater system

  (2) Despite subsection (1), an owner or operator of a fictional consolidated wastewater system must send an identification report that contains

  • (a) for each of the original wastewater systems that constitute the fictional consolidated wastewater system, the information referred to in paragraphs (1)(a) to (c), (e), (g) and (h); and

  • (b) for the fictional consolidated wastewater system, the information referred to in paragraphs (1)(a) to (g) and (i).

• Marginal note:Latitude and longitude

  (3) The latitude and longitude of a point referred to in paragraph (1)(e), subparagraph (1)(f)(i) and paragraph (1)(g) are to be expressed in decimal degrees to four decimal places rounded to the nearest ten-thousandth of a degree and, if the latitude or longitude is equidistant between two ten-thousandths of a degree, to the higher of them.

• Marginal note:Electronic report

  (4) The identification report must be sent electronically in the form and format specified by the Minister of the Environment and must bear the electronic signature of the owner or operator, or their duly authorized representative. The identification report must be sent

  • (a) by May 15, 2013, if the wastewater system is in operation on January 1, 2013; and

  • (b) within 45 days after the wastewater system comes into operation, in any other case.

• Marginal note:Paper report

  (5) If the Minister of the Environment has not specified an electronic form and format or if it is not feasible to send the report electronically in accordance with subsection (4) because of circumstances beyond the owner’s or operator’s control, the report must be sent on paper, signed by the owner or operator, or their duly authorized representative, and in the form and format specified by the Minister of the Environment. However, if no form and format have been specified, it may be in any form and format.

• Marginal note:Change of information

  (6) If the information provided in the identification report changes, the owner or operator must send a notice that provides the updated information to the authorization officer no later than 45 days after the change.

• Marginal note:Decommissioning

  (7) An owner or operator of a wastewater system must, at least 45 days before the planned decommissioning of the wastewater system, send a notice to the authorization officer setting out the planned date of the decommissioning and information specifying the place, including the civic address, if any, of that place, where the identification report is to be kept.

Monitoring Report

Marginal note:Information

• 19 (1) The owner or operator of a wastewater system must send, within 45 days after the end of the period referred to in subsection (2), to the authorization officer a monitoring report that contains the following information:

  • (a) if applicable, a statement that indicates that effluent was not deposited during that period; and

  • (b) in any other case,

    • (i) if applicable, a statement that indicates any month in that period during which effluent was not deposited,

    • (ii) the number of days during which effluent was deposited,

    • (iii) the volume of effluent that was deposited, expressed in m³,

    • (iv) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent,

    • (v) the average concentration of suspended solids in the effluent;

    • (vi) the maximum concentration of un-ionized ammonia in the effluent, if the period ends on or before June 30, 2014,

    • (vii) if the owner or operator holds a temporary authorization issued under subsection 36(1),

      • (A) the result of each determination referred to in clause 17(g)(i)(A) and the date on which the sample used to make that determination was taken, and

      • (B) if the period includes an August, the result of the determination referred to in subparagraph 17(g)(ii) for that August, and

    • (viii) for each sample for which a determination of acute lethality was made in accordance with section 15, a statement that indicates

      • (A) the date on which the sample was taken,

      • (B) each procedure referred to in section 15 that was used to determine the sample’s acute lethality, and

      • (C) whether the sample was acutely lethal or not.

• Marginal note:Period

  (2) For the purpose of subsection (1), the period is

  • (a) a calendar year, if the wastewater system deposited an average daily volume of effluent via the final discharge point during the previous calendar year in respect of that calendar year of

    • (i) less than or equal to 17 500 m³, for an intermittent wastewater system, or

    • (ii) less than or equal to 2 500 m³, for a continuous wastewater system with a hydraulic retention time of five or more days; and

  • (b) a quarter, in any other case.

• Marginal note:Period for which information reported

  (3) The information referred to in subsection (1) is to be reported

  • (a) for the period referred to in subsection (2), if that period is a calendar year or a quarter; and

  • (b) for each month during that period, if that period is a quarter and the average daily volume of effluent deposited via the final discharge point during the previous calendar year in respect of that quarter was greater than 17 500 m³.

• Marginal note:Electronic report

  (4) The report must be sent electronically in the form and format specified by the Minister of the Environment and must bear the electronic signature of the owner or operator, or their duly authorized representative.

• Marginal note:Paper report

  (5) If the Minister of the Environment has not specified an electronic form and format or if it is not feasible to send the report electronically in accordance with subsection (4) because of circumstances beyond the owner’s or operator’s control, the report must be sent on paper, signed by the owner or operator, or their duly authorized representative, and in the form and format specified by the Minister of the Environment. However, if no form and format have been specified, it may be in any form and format.

Combined Sewer Overflow Report

Marginal note:Information

20 The owner or operator of a wastewater system that includes at least one combined sewer overflow point must, in accordance with subsections 19(4) and (5), send to the authorization officer a combined sewer overflow report in respect of each calendar year by February 15 of the following calendar year and the report must contain the following information:

• (a) for each month of the calendar year during which effluent was deposited via a combined sewer overflow point, the information referred to in subparagraphs 17(b)(iii) and (iv); and

• (b) for each month of the calendar year during which effluent was not deposited via a combined sewer overflow point, a statement indicating that no effluent was deposited via an overflow point during the month.

Record Making and Retention of Documents

Marginal note:When records made

21 Records must be made without delay after the information to be recorded becomes available.

Marginal note:Retention of records

• 22 (1) An owner or operator of a wastewater system must keep a report referred to in section 17, as well as a record and a copy of a report required to be sent under these Regulations — along with any supporting documents — for at least five years after the day on which the record or report, as the case may be, was made.

• Marginal note:Place of retention

  (2) The report referred to in section 17, the record and the copy must be kept at the wastewater system or at any other place in Canada where it can be inspected. If that report, record or copy is kept at one of those other places, the owner or operator must provide the authorization officer with information specifying that other place, including its civic address, if any.

• Marginal note:Information on monitoring equipment and identification report

  (3) Despite subsection (1), the information referred to in paragraph 17(c) must be kept for at least five years after the day on which the monitoring equipment ceased to be used, and the identification report, as it may be updated from time to time, referred to in section 18 must be kept for at least five years after the wastewater system is decommissioned.

PART 2Transitional and Temporary Authorizations to Deposit

Purpose

Marginal note:Paragraph 36(4)(b) of the Act

• 23 (1) For the purpose of paragraph 36(4)(b) of the Act, an owner or operator of a wastewater system may deposit or permit the deposit of effluent that contains any of the deleterious substances prescribed in section 5 via the final discharge point in any water or place referred to in subsection 36(3) of the Act, if the deposit is made in accordance with an authorization issued under this Part.

• Definition of deposit

  (2) For the purposes of sections 24 to 49, deposit, in relation to effluent, includes to permit the deposit of the effluent.

Transitional Authorization

Requirements and Duration

Marginal note:Transitional authorization

• 24 (1) The owner or operator of a wastewater system may, on or before June 30, 2014, apply to an authorization officer for a transitional authorization to deposit via the final discharge point effluent that contains a deleterious substance prescribed in section 5, or any combination of those substances, if the average referred to in paragraph 6(1)(a) or (b), as determined in accordance with subsection 6(3), exceeded 25 mg/L during the following periods:

  • (a) any period of 12 consecutive months during the 15 months immediately before the day on which the application is made, if the wastewater system deposited, during the previous calendar year in respect of that period of 12 consecutive months, an average daily volume of effluent via its final discharge point of

    • (i) less than or equal to 17 500 m³, for an intermittent wastewater system, or

    • (ii) less than or equal to 2 500 m³, for a continuous wastewater system with a hydraulic retention time of five or more days;

  • (b) any three consecutive months in any of those periods of 12 consecutive months, if the wastewater system deposited, during the previous calendar year in respect of that period of 12 consecutive months, an average daily volume of effluent via its final discharge point of

    • (i) greater than 2 500 m³ and less than or equal to 17 500 m³, for a continuous wastewater system with a hydraulic retention time of five or more days, and

    • (ii) less than or equal to 17 500 m³, for any other continuous wastewater system; and

  • (c) any three months in any of those periods of 12 consecutive months, if the wastewater system deposited, during the previous calendar year in respect of that period of 12 consecutive months, an average daily volume of effluent via its final discharge point of greater than 17 500 m³.

• Marginal note:Duration of authorization — point system in Schedules 2 and 3

  (2) The duration, set out in subsection 26(2), of a transitional authorization is based on the system for the allocation of points related to the final discharge point set out in the table to Schedule 2 and, if applicable, related to the system’s combined sewer overflow points set out in Schedule 3.

Application

Marginal note:Required information

• 25 (1) An application for a transitional authorization in respect of a wastewater system 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;

  • (d) the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based;

  • (e) information that establishes that at the time of the application

    • (i) the condition for the authorization set out in paragraph 6(1)(a) or (b) is not met,

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

    • (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;

  • (f) a plan for the modifications to be made to the wastewater system, including a description of the modifications to be made to its processes, so that the effluent deposited via its final discharge point is not acutely lethal and meets the conditions for authorization set out in paragraphs 6(1)(a) and (b), along with a schedule for implementation of the plan;

  • (g) the latitude and longitude of the final discharge point expressed in decimal degrees in accordance with subsection 18(3);

  • (h) the number of points allocated under the table to Schedule 2;

  • (i) a statement as to which of the waters set out in paragraphs 5(a) to (g), column 2, of the table to Schedule 2 describes the water where the effluent is deposited, or may enter from the place where the effluent is deposited, via the final discharge point and, among the points set out in column 3 for those waters, the highest number of points;

  • (j) the average daily volume of effluent deposited via the final discharge point, as determined in accordance with section 7, for the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based, and the number of points set out in item 1, column 3, of the table to Schedule 2 that applies to that volume based on the ranges of volume set out in column 2;

  • (k) the averages referred to in paragraphs 6(1)(a) and (b), as determined in accordance with subsection 6(3), over

    • (i) the period of 12 consecutive months referred to in paragraph 24(1)(a) upon which the application is based, if paragraph 24(1)(a) applies, and

    • (ii) each month of the period of 12 consecutive months referred to in paragraph 24(1)(b) or (c), as the case may be, upon which the application is based, if paragraph 24(1)(b) or (c) applies;

  • (l) the number of points determined in accordance with the formula set out in item 2, column 2, of the table to Schedule 2 when using in that formula, as the case may be, the averages

    • (i) determined under paragraph (k) over the period referred to in subparagraph (k)(i), or

    • (ii) obtained by taking the sum of the averages determined under paragraph (k) for each month referred to in subparagraph (k)(ii) and dividing that number by 12;

  • (m) each of the averages that were summed under subparagraph (l)(ii);

  • (n) where chlorine, or one of its compounds, was used in the treatment of wastewater in the wastewater system, the number of points set out in item 3, column 3, of the table to Schedule 2 if

    • (i) the average concentration of total residual chlorine in the effluent deposited via the final discharge point — for the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based — exceeded 0.02 mg/L, or

    • (ii) the wastewater system’s effluent is not dechlorinated before it is deposited via the final discharge point;

  • (o) the maximum concentration of un-ionized ammonia in the effluent, expressed in mg/L as nitrogen (N), at 15°C ± 1°C, as determined in accordance with subsection 6(3), over

    • (i) the period of 12 consecutive months referred to in paragraph 24(1)(a) upon which the application is based, if paragraph 24(1)(a) applies, and

    • (ii) each month of the period of 12 consecutive months referred to in paragraph 24(1)(b) or (c), as the case may be, upon which the application is based, if paragraph 24(1)(b) or (c) applies;

  • (p) if, as the case may be, the maximum concentration referred to in subparagraph (o)(i) or any of the maximum concentrations referred to in subparagraph (o)(ii) was greater than or equal to 1.25 mg/L, expressed as nitrogen (N) at 15°C ± 1°C, the number of points set out in item 4, column 3, of the table to Schedule 2;

  • (q) if the duration of the transitional authorization sought in the application relies on an allocation of points under Schedule 3, in addition to points allocated under the table to Schedule 2, for any combined sewer overflow point that is, under Schedule 3, allocated a number of points greater than or equal to the number of points allocated under the table to Schedule 2 to the final discharge point

    • (i) the percentage referred to in item 1, column 1, of Schedule 3 that is described in whichever of paragraphs 1(a) to (d), column 2, of that Schedule that applies,

    • (ii) the number of deposits referred to in item 2, column 1, of Schedule 3 that are described in whichever of paragraphs 2(a) to (d), column 2, of that Schedule that applies, for the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based,

    • (iii) a statement as to which of the waters set out in paragraphs 3(a) to (c), column 2, of Schedule 3 describes the water where the effluent is deposited, or may enter from the place where the effluent is deposited, via that combined sewer overflow point, and

    • (iv) the number of points set out in column 3 of Schedule 3 for the applicable paragraph set out in column 2 of that Schedule as determined for the purposes of subparagraphs (i) and (ii) and the number of those points that applies for each statement referred to in subparagraph (iii);

  • (r) the information set out in subparagraph 18(1)(g)(i) for the combined sewer overflow point referred to in paragraph (q);

  • (s) for an application referred to in paragraph (q), a plan that describes the modifications to be made to the wastewater system, and any other measure to be taken, to reduce, after the expiry of the period for which the transitional authorization is sought, the quantity of deleterious substances prescribed in section 5 in the effluent deposited via overflow points of a combined sewer and a schedule for implementation of the plan; and

  • (t) a statement signed and dated by the owner or operator, or their duly authorized representative, that certifies that 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 or operator’s information and belief, based on representations made to them by those persons.

• Marginal note:Required information — fictional consolidated wastewater system

  (2) Despite subsection (1), an application for a transitional authorization made by an owner or operator of a fictional consolidated wastewater system must, instead of the plan referred to in paragraph (1)(f), contain a copy of the consolidation plan referred to in subsection 4(1).

Conditions of Issuance

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) the condition for the authorization set out in paragraph 6(1)(a) or (b) was not met,

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

    • (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

  • (c) the schedule to implement the plan referred to in paragraph 25(1)(f) or subsection 4(1), as the case may be, and, if applicable, paragraph 25(1)(s) can reasonably be regarded as feasible for the purpose of meeting the requirements, as the case may be, referred to in paragraph 25(1)(f) or paragraph 4(3)(a) 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) from January 1, 2015 to December 31, 2020, if the final discharge point is, under the table to Schedule 2, allocated 70 or more points and, if the wastewater system has combined sewer overflow points for which points are allocated under Schedule 3, each combined sewer overflow point of the wastewater system is allocated less points than the number of points allocated under the table to Schedule 2 to the final discharge point;

  • (b) from January 1, 2015 to 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, if the wastewater system has combined sewer overflow points for which points are allocated under Schedule 3, each combined sewer overflow point of the wastewater system is allocated less points than the number of points allocated under the table to Schedule 2 to the final discharge point; and

  • (c) from January 1, 2015 to 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:Change of plan

• 27 (1) A holder of a transitional authorization who changes a plan referred in paragraph 25(1)(f), subsection 4(1) or paragraph 25(1)(s) must, without delay, provide the authorization officer with the changed plan, along with a schedule to implement it.

• Marginal note:Approval of changed plan

  (2) The authorization officer must approve the changed plan and the schedule to implement it, if the requirements referred to in paragraph 26(1)(c) are satisfied. With that approval, the transitional authorization, based on that changed plan and that schedule, continues to be in force.

• Marginal note:Original plan if no approval

  (3) If that changed plan and that schedule are not approved, the transitional authorization continues to be in force only if the holder respects the original plan and the original schedule for its implementation.

Conditions on Transitional Authorizations

Compliance Obligations

Scope of Transitional Authorization and Revocation

Marginal note:Content of transitional authorization

30 A transitional authorization must be in the form set out in Schedule 4 and contain the following information:

• (a) the information referred to in paragraphs 25(1)(a) and (c);

• (b) the latitude and longitude of the final discharge point;

• (c) the date of issuance;

• (d) the period of authorization; and

• (e) the following averages and maximum concentration of the deleterious substances prescribed in section 5 that are authorized to be contained in effluent that is deposited via the final discharge point during a given calendar year, quarter or month referred to in subsection 28(1):

  • (i) for the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter, the average referred to in, as the case may be, subparagraph 28(1)(a)(i) or (ii),

  • (ii) for the average concentration of suspended solids, the average referred to in, as the case may be, subparagraph 28(1)(b)(i) or (ii),

  • (iii) for the average concentration of total residual chlorine, the average referred to in paragraph 28(1)(c), and

  • (iv) for the maximum concentration of un-ionized ammonia, the maximum concentration referred to in, as the case may be, subparagraph 28(1)(d)(i) or (ii).

Marginal note:Correction of information

• 31 (1) If the owner or operator becomes aware that the information provided in an application for a transitional authorization contains errors, they must, without delay, send a notice to the authorization officer, which indicates the reason for the errors and provides corrections, and make the certification under paragraph 25(1)(t) with respect to the corrected application.

• Marginal note:Corrected transitional authorization

  (2) On receipt of a notice that provides corrections that, if provided with the application, would have affected the scope of the information referred to in section 30 contained in the transitional authorization, the authorization officer must issue a corrected transitional authorization as if the corrections together with the remaining information originally provided in the application were an application under section 25.

Temporary Authorization to Deposit Un-ionized Ammonia

Requirements and Duration

Marginal note:Requirements

• 34 (1) The owner or operator of a wastewater system whose effluent deposited via its final discharge point is acutely lethal because of the concentration of un-ionized ammonia in it may apply to an authorization officer for a temporary authorization to deposit effluent that contains un-ionized ammonia via the final discharge point if the concentration of un-ionized ammonia in the water, determined in accordance with subsection (3), at any point that is 100 m from the point of entry where effluent is deposited in that water via the final discharge point is less than or equal to 0.016 mg/L, expressed as nitrogen (N), and if

  • (a) the acute lethality of the effluent — as determined in accordance with Reference Method EPS 1/RM/13 using the procedure set out in section 6 of that Method and the Procedure for pH Stabilization EPS 1/RM/50 — is primarily because of the concentration of un-ionized ammonia in the effluent; or

  • (b) the effluent is acutely lethal because the concentration of un-ionized ammonia in the effluent deposited via the final discharge point is greater than or equal to 1.25 mg/L, expressed as nitrogen (N) at 15°C ± 1°C, determined in accordance with section 14.

• Marginal note:Samples

  (2) The determination referred to in paragraph (1)(b) must

  • (a) for an intermittent wastewater system, be based on at least one sample of effluent; and

  • (b) for a continuous wastewater system, be based on at least two samples of effluent taken 7 days apart.

• Marginal note:Determination of NH₃ concentration in water

  (3) The concentration of un-ionized ammonia in the water referred to in subsection (1) must be determined in accordance with the following formula:

  total ammonia × 1 ÷ (1 +10^{pKa – pH})

  where

  total ammonia

  is the concentration of total ammonia in that water — namely, un-ionized ammonia (NH₃) plus ionized ammonia (NH₄⁺) — determined in accordance with subsection (4), expressed in mg/L as nitrogen (N);

  pKa

  is 0.09018 + 2729.92/T, where T is the ambient water temperature in kelvin; and

  pH

  is the pH of that water.

• Marginal note:Determination of concentration of total ammonia in water

  (4) The concentration of total ammonia in the water referred to in subsection (3) must be determined

  • (a) using a total ammonia test; or

  • (b) using a method of estimation that is based on generally accepted engineering practices.

• Marginal note:Periods for application

  (5) An initial application for a temporary authorization to deposit effluent that contains un-ionized ammonia must be made within 30 days after, as the case may be, the determination referred to in paragraph (1)(a) or (b) has been made. Applications to extend the temporary authorization must be made at least 90 days before the expiry of the authorization.

Application

Marginal note:Required information

35 An application for a temporary authorization to deposit effluent that contains un-ionized ammonia in respect of a wastewater system 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;

• (d) the latitude and longitude of the final discharge point expressed in decimal degrees in accordance with subsection 18(3);

• (e) in relation to the determination of the acute lethality of the effluent

  • (i) if that determination is the one referred to in paragraph 34(1)(a),

    • (A) the result of that determination, including, for each sample on which that determination was based, the information referred to in section 8.1 of Reference Method EPS 1/RM/13 and section 3 of the Procedure for pH Stabilization EPS 1/RM/50, and

    • (B) information establishing that, when that determination was made, any acute lethality of the effluent was primarily because of the concentration of the un-ionized ammonia in the effluent, or

  • (ii) if that determination is the one referred to in paragraph 34(1)(b), the concentration of un-ionized ammonia in each of the samples referred to in subsection 34(2);

• (f) information that establishes that, when the application was made, the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m from the point of entry where effluent is deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N); and

• (g) a statement signed and dated by the owner or operator, or their duly authorized representative, that certifies that 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 that was prepared by other persons with sufficient knowledge to evaluate that information, to the best of the owner’s or operator’s information and belief, based on representations made to them by those persons.

Conditions of Issuance

Marginal note:Required information

• 36 (1) Subject to subsection (2), the authorization officer must issue the temporary authorization to deposit effluent that contains un-ionized ammonia for a period of three years from January 1, 2015, or the date of issuance if that date is later, if

  • (a) the application contains the information required under section 35;

  • (b) the information referred to in paragraph 35(e) has established that the effluent was, at the time of the application, acutely lethal because of the concentration of un-ionized ammonia in it; and

  • (c) the information referred to in paragraph 35(f) has established that the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m from the point of entry where effluent was deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N).

• Marginal note:Refusal

  (2) 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.

Conditions on Temporary Authorization

Compliance Obligations

Scope of Temporary Authorization and Revocation

Marginal note:Period and content

39 A temporary authorization, and any extension of it, to deposit effluent that contains un-ionized ammonia must be in the form set out in Schedule 5 and contain the following information:

• (a) the information referred to in paragraphs 35(a) and (c);

• (b) the latitude and longitude of the final discharge point;

• (c) the date of issuance of the temporary authorization and of any extension of it;

• (d) the period of authorization; and

• (e) a statement that the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m from the point of entry where effluent is deposited in that water via the final discharge point must be less than or equal to 0.016 mg/L, expressed as nitrogen (N).

Marginal note:Correction of information

• 41 (1) If the owner or operator becomes aware that the information provided in an application for a temporary authorization, or for an extension of a temporary authorization, contains errors, they must, without delay, send a notice to the authorization officer, which indicates the reason for the errors and provides corrections, and make the certification under paragraph 35(g) with respect to the corrected application.

• Marginal note:Corrected temporary authorization

  (2) On receipt of a notice that provides corrections that, if provided with the application, would have affected the scope of the information referred to in section 39, the authorization officer must issue a corrected temporary authorization or corrected extension of a temporary authorization, as the case may be, as if the corrections together with the remaining information originally provided in the application were an application under section 35 or 40.

Temporary Bypass Authorization

Requirements

Application

Conditions of Issuance

Issuance

General

Marginal note:Electronic applications

• 48 (1) An application for a transitional authorization or a temporary authorization must be sent electronically in the form and format specified by the Minister of the Environment and must bear the electronic signature of the owner or operator, or their duly authorized representative.

• Marginal note:Paper

  (2) If the Minister of the Environment has not specified an electronic form and format or if it is not feasible to send the application electronically in accordance with subsection (1) because of circumstances beyond the control of the owner or operator, or their duly authorized representative, the application must be sent on paper, signed by the owner or operator, or their duly authorized representative, and in the form and format specified by the Minister of the Environment. However, if no form and format have been so specified, it may be in any form and format.

Marginal note:Registry of authorizations

49 The Minister of the Environment must maintain a registry, for examination by the public, that contains a copy of each transitional authorization, each temporary authorization to deposit effluent that contains un-ionized ammonia and each temporary bypass authorization that has been issued under this Part, as they may be modified from time to time, and that has not been revoked.

Coming into Force

Marginal note:On registration

• 50 (1) Subject to subsections (2) to (4), these Regulations come into force on the day on which they are registered.

• Marginal note:January 1, 2013

  (2) Subsections 6(2) to (6), sections 7, 8, 10, 12 to 14 and 16, paragraphs 17(a), (b) and (d) to (g) and sections 18 to 20, 23 to 27, 30, 31, 34 to 36, 39, 41, 48 and 49 come into force on January 1, 2013.

• Marginal note:January 1, 2015

  (3) Subsections 6(1) and (7), sections 11, 15, 28, 29, 32, 33, 37, 38, 40 and 42 to 47 come into force on January 1, 2015.

• Marginal note:January 1, 2021 — paragraphs 6(1)(c) and 28(1)(c) in relation to certain owners or operators

  (4) Despite subsection (3), paragraphs 6(1)(c) and 28(1)(c) come into force on January 1, 2021 in relation to an owner or operator of a wastewater system that has, on the day on which these Regulations are registered, an average daily volume of effluent deposited annually via its final discharge point of less than 5 000 m³, determined on the basis of its average design rate of flow of influent.