Wastewater Systems Effluent Regulations (SOR/2012-139)

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).