1. These Regulations may be cited as the Potato Processing Plant Liquid Effluent Regulations.

• 2. (1) In these Regulations,

  “Act”

  “Act” means the Fisheries Act; (Loi)

  “biochemical oxygen demanding matter”

  “biochemical oxygen demanding matter” means the substance contained in the effluent from a plant that results from the operation of a plant and that will exert a biochemical oxygen demand; (matière ayant une demande biochimique en oxygène)

  “canned potato products plant”

  “canned potato products plant” includes any plant where raw potatoes are peeled and shaped for distribution in a canned and preserved condition; (conserverie de pommes de terre)

  “composite sample”

  “composite sample” means a sample obtained in accordance with section 7; (échantillon composite)

  “dehydrated potato products plant”

  “dehydrated potato products plant” includes any plant where raw potatoes are processed to remove moisture by heat, vacuum or air drying, with the finished product distributed as granules, flakes or slices; (fabrique de pommes de terre déshydratées)

  “deposit”

  “deposit” means to deposit or to permit the deposit into water frequented by fish; (rejeter)

  “effluent”

  “effluent” means all wastewaters deposited by a plant and includes process water, wash water, tank drainage, storm water and wastes from water and wastewater treatment facilities, but does not include

  • (a) storm water that is protected from contamination by a deleterious substance prescribed by section 4 originating from the plant, where the average concentration of biochemical oxygen demanding matter in at least 3 samples of the storm water, taken at intervals of 15 minutes, does not exceed 50 mg/L, or

  • (b) wastewater from the plant that, prior to being deposited, is treated at a site outside a plant for the purpose of controlling the pH of the wastewater and removing from the wastewater the deleterious substances prescribed by section 4, in such a manner that

    • (i) the pH of the wastewater, determined in accordance with subsection 9(3), is between 6.0 and 9.0, and

    • (ii) the quantity of deleterious substances remaining in that wastewater after the treatment, when added to the quantity of deleterious substances deposited directly, does not exceed the deposit of deleterious substances authorized under section 5; (effluent)

  “existing plant”

  “existing plant” means a plant that commenced commercial production before June 27, 1977; (établissement existant)

  “expanded plant”

  “expanded plant” means any plant in which the total quantity of raw potatoes processed during any year exceeds 2.5 times the total quantity of raw potatoes processed in that plant during the 1976 calendar year; (établissement à capacité accrue)

  “frozen potato products plant”

  “frozen potato products plant” includes any plant where raw potatoes are processed and the final potato product is distributed in a frozen condition; (fabrique de pommes de terre congelées)

  “Minister”

  “Minister”[Repealed, SOR/95-426, s. 1]

  “new plant”

  “new plant” means a plant that did not commence commercial production before June 27, 1977 and that commences commercial production on or after that date; (nouvel établissement)

  “owner”

  “owner” of a plant means the owner or operator or his authorized representative; (propriétaire)

  “plant”

  “plant” includes facilities intended primarily for the conversion of raw potatoes and potato derivatives into products such as frozen potato products, potato chips, dehydrated potato products, canned potato products and potato starch and includes storage, processing, shipping and packaging facilities on the plant site and all properties used for the operation of those facilities; (établissement)

  “potato chip plant”

  “potato chip plant” includes any plant where raw potatoes are processed and the final potato product is distributed as a snack food in a ready-to-eat condition; (fabrique de croustilles)

  “process water”

  “process water” means water that comes into contact with potatoes at any stage in the processing and includes water used for can washing and clean-up; (eau de traitement)

  “processing day”

  “processing day” means a period of 24 consecutive hours or any part thereof during which the plant is in operation; (journée d’exploitation)

  “raw potatoes processed”

  “raw potatoes processed” means the net quantity, in tonnes, of raw potatoes that are received at the beginning of the processing line after the raw potato washing operation; (volume d’activités)

  “starch plant”

  “starch plant” includes any plant processing raw potatoes into potato starch; (féculerie)

  “storm water”

  “storm water” means water run off that results from precipitation of any kind that falls on a plant or that passes over or through the plant; (eaux pluviales)

  “total suspended matter”

  “total suspended matter” means the non-filterable residue that results from the operation of a plant, that is contained in the effluent from that plant. (matières totales en suspension)

  • SOR/95-426, s. 1.

• (2) and (3) [Repealed, SOR/95-426, s. 1]