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Wastewater Systems Effluent Regulations (SOR/2012-139)

Regulations are current to 2020-11-02 and last amended on 2015-01-01. Previous Versions

PART 2Transitional and Temporary Authorizations to Deposit (continued)

Transitional Authorization (continued)

Conditions of Issuance

Marginal note:Required information

  •  (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

  •  (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

Marginal note:Authorized deposits — transitional authorization

  •  (1) A holder of a transitional authorization in respect of a wastewater system is authorized — during a given calendar year, quarter or month, determined in accordance with subsection 6(2), in the period of authorization — to deposit effluent that contains any of the deleterious substances prescribed in section 5 via the final discharge point if — during the previous calendar year, previous quarter or previous month — the effluent met the following conditions:

    • (a) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent referred to in paragraph 6(1)(a), determined in accordance with subsections 6(2) and (3), did not exceed

      • (i) 1.25 times the average determined for the carbonaceous biochemical oxygen demand due to the quantity of CBOD matter referred to in subparagraph 25(1)(k)(i) or the greatest of those averages referred to in subparagraph 25(1)(k)(ii), as the case may be, if the product resulting from that multiplication is greater than 25 mg/L, and

      • (ii) 25 mg/L, in any other case;

    • (b) the average concentration of suspended solids in the effluent referred to in paragraph 6(1)(b), determined in accordance with subsections 6(2) and (3), did not exceed

      • (i) 1.25 times the average concentration of suspended solids referred to in subparagraph 25(1)(k)(i) or the greatest of those averages referred to in subparagraph 25(1)(k)(ii), as the case may be, if the product resulting from that multiplication is greater than 25 mg/L, and

      • (ii) 25 mg/L, in any other case;

    • (c) the average concentration of total residual chlorine in the effluent referred to in paragraph 6(1)(c), determined in accordance with subsections 6(2) and (3), 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 referred to in paragraph 6(1)(d), determined in accordance with subsections 6(2) and (3), was less than

      • (i) 1.25 times the maximum concentration referred to in subparagraph 25(1)(o)(i) or the greatest of those maximum concentrations referred to in subparagraph 25(1)(o)(ii), as the case may be, if the product resulting from that multiplication is greater than or equal to 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, and

      • (ii) 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, in any other case.

  • Marginal note:Authorized deposits — fictional consolidated wastewater system

    (2) A holder of a transitional authorization in respect of a fictional consolidated wastewater system is, in addition, authorized, during the given calendar year, quarter or month referred to in subsection (1), to deposit effluent that contains any of the deleterious substances prescribed in section 5 via the final discharge point of each of the original wastewater systems that constitute the fictional consolidated wastewater system — other than the final discharge point for the fictional consolidated wastewater system referred to in subsection 4(2) — if the effluent deposited via the final discharge point of each of those original wastewater systems — during the previous calendar year, previous quarter or previous month — met the conditions set out in subsection (1).

Compliance Obligations

Marginal note:General requirements

  •  (1) A holder of a transitional authorization in respect of a wastewater system must, during the period of authorization,

    • (a) comply with sections 7 to 10, 12 to 14, 16 to 22 and 48; and

    • (b) respect the plan referred to in, as the case may be, subsection 4(1) or paragraph 25(1)(f) and, if applicable, paragraph 25(1)(s) — or, if applicable, that plan as approved with changes under subsection 27(2) — and respect its schedule for implementation.

  • Marginal note:Progress reports

    (2) The holder of a transitional authorization must, within 90 days before the following dates, send to the authorization officer a progress report on the steps taken to implement the plan referred to in, as the case may be, subsection 4(1) or paragraph 25(1)(f) and, if applicable, paragraph 25(1)(s) — or, if applicable, that plan as approved with changes under subsection 27(2):

    • (a) July 1, 2017, if the period of authorization ends on December 31, 2020;

    • (b) July 1, 2020 and July 1, 2025, if the period of authorization ends on December 31, 2030; and

    • (c) July 1, 2020, July 1, 2025, July 1, 2030 and July 1, 2035, if the period of authorization ends on December 31, 2040.

Scope of Transitional Authorization and Revocation

Marginal note:Content of transitional authorization

 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).

 
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