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Pulp and Paper Effluent Regulations (SOR/92-269)

Regulations are current to 2020-06-17 and last amended on 2018-09-26. Previous Versions

Ministerial Orders

 For the purpose of subsection 37(2) of the Act and in respect of mills, 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.

  • SOR/2004-109, s. 2
  • SOR/2012-140, s. 3

PART 1Mills

Application

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

  • (2) and (3) [Repealed, SOR/2012-140, s. 5]

  • SOR/2004-109, s. 2
  • SOR/2012-140, s. 5

Authority to Deposit

  •  (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  • (2) [Repealed, SOR/2012-140, s. 6]

  • (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 a wastewater system that is regulated by the Wastewater Systems Effluent 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.

  • SOR/2004-109, s. 2
  • SOR/2012-140, s. 6

Conditions Governing Authority to Deposit

[SOR/2004-109, s. 3]
  •  (1) The authority of the owner or operator of a mill under subsection 6(1) 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 Bo and So and the supporting data to the authorization officer in accordance with section 19;

    • (i) [Repealed, SOR/2012-140, s. 7]

    • (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) depositing effluent only into a wastewater system that is regulated by the Wastewater Systems Effluent Regulations;

    • (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 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.

  • SOR/2004-109, s. 4
  • SOR/2012-140, ss. 7, 30
  • SOR/2018-185, s. 1

Monitoring Equipment

  •  (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.

  • SOR/2004-109, s. 5
 
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