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Wastewater Systems Effluent Regulations (SOR/2012-139)

Regulations are current to 2020-10-05 and last amended on 2015-01-01. Previous Versions

PART 2Transitional and Temporary Authorizations to Deposit (continued)

Temporary Bypass Authorization (continued)

Conditions of Issuance

Marginal note:Required information

  •  (1) Subject to subsection (3), the authorization officer must issue a temporary bypass authorization if

    • (a) the authorization officer has reasonable grounds to believe that the conditions set out in paragraphs 43(2)(a) and (b) are satisfied; and

    • (b) the application contains the information required under section 44.

  • Marginal note:Duration of temporary bypass authorization

    (2) The temporary bypass authorization is to be issued for the period that, in the authorization officer’s opinion,

    • (a) is required in order to allow for the construction work, for the maintenance of the system or for the response referred to in paragraph 43(2)(a); and

    • (b) will mitigate any adverse effects on fish, fish habitat or the use by man of fish to the extent possible given the requirement referred to in paragraph 43(2)(a) for which the bypass authorization arises.

  • Marginal note:Refusal — adverse effects

    (3) The authorization officer may refuse to issue the temporary authorization if they have reasonable grounds to believe that its issuance, for any period, would result in adverse effects on fish, fish habitat or the use by man of fish that cannot be mitigated.

  • Marginal note:Refusal — false or misleading information

    (4) 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.

Issuance

Marginal note:Content of authorization

 A temporary bypass authorization is to be issued for a period that is sufficient to allow for the construction work, for the maintenance of the system or for the response referred to in paragraph 43(2)(a) and the authorization must be in the form set out in Schedule 6 and contain the following information:

  • (a) the information referred to in paragraphs 44(a), (c) and (e);

  • (b) the date of issuance; and

  • (c) the period of authorization.

Marginal note:Correction of information

  •  (1) If the owner or operator becomes aware that the information provided in an application for a temporary bypass 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 44(i) with respect to the corrected application.

  • Marginal note:Corrected 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 46 contained in the temporary bypass authorization, the authorization officer must issue a corrected temporary bypass authorization as if the corrections together with the remaining information originally provided in the application were an application under section 44.

General

Marginal note:Electronic applications

  •  (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

 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

  •  (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.

 
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