Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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)

Transitional Authorization (continued)

Scope of Transitional Authorization and Revocation (continued)

Marginal note:Correction of information

  •  (1) If the owner or operator becomes aware that the information provided in an application for a transitional 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 25(1)(t) with respect to the corrected application.

  • Marginal note:Corrected transitional 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 30 contained in the transitional authorization, the authorization officer must issue a corrected transitional authorization as if the corrections together with the remaining information originally provided in the application were an application under section 25.

Marginal note:Revocation

  •  (1) The authorization officer may revoke a transitional authorization if

    • (a) the information referred to in subsection 25(1) or (2), as the case may be, contained in the application or the information provided in a progress report referred to in subsection 29(2) is false or misleading in a material respect;

    • (b) the holder has, during the period of authorization, failed to comply with any condition set out in section 28 or any provision referred to in subsection 29(1);

    • (c) new information indicates that a deposit authorized under section 28 has had or is likely to have an effect on fish, fish habitat or the use by man of fish that is more adverse than the worst of the effects that were anticipated when that authorization was issued;

    • (d) the holder has not sent a progress report in accordance with subsection 29(2); or

    • (e) the authorization officer, based on a progress report referred to in subsection 29(2), has reasonable grounds to believe that 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) — cannot be fully implemented before the end of the period of authorization.

  • Marginal note:Considerations

    (2) When determining whether to revoke a transitional authorization, the authorization officer must consider, as applicable, whether the holder of a transitional authorization

    • (a) has a history of non-compliance with any condition or provision referred to in paragraph (1)(b);

    • (b) has provided a reasonable justification for not sending a progress report in accordance with subsection 29(2); or

    • (c) has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with any condition or provision referred to in paragraph (1)(b) or to prevent or mitigate a more adverse effect referred to in paragraph (1)(c).

  • Marginal note:Representations

    (3) The authorization officer is not permitted to revoke a transitional authorization unless they have provided the holder with

    • (a) written reasons for the proposed revocation; and

    • (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.

Marginal note:Early expiry

 Despite subsections 24(2) and 26(2), a transitional authorization expires at the end of a given calendar year, quarter or month determined in accordance with subsection 6(2), if the effluent deposited via the final discharge point of the wastewater system was not acutely lethal and met the conditions for the authorization set out in paragraphs 6(1)(a) and (b) during

  • (a) that given calendar year;

  • (b) that given quarter and the three quarters immediately before that given quarter during which effluent was deposited via the final discharge point; or

  • (c) that given month and each of the 11 months immediately before that given month during which effluent was deposited via the final discharge point.

Temporary Authorization to Deposit Un-ionized Ammonia

Requirements and Duration

Marginal note:Requirements

  •  (1) The owner or operator of a wastewater system whose effluent deposited via its final discharge point is acutely lethal because of the concentration of un-ionized ammonia in it may apply to an authorization officer for a temporary authorization to deposit effluent that contains un-ionized ammonia via the final discharge point if the concentration of un-ionized ammonia in the water, determined in accordance with subsection (3), at any point that is 100 m from the point of entry where effluent is deposited in that water via the final discharge point is less than or equal to 0.016 mg/L, expressed as nitrogen (N), and if

    • (a) the acute lethality of the effluent — as determined in accordance with Reference Method EPS 1/RM/13 using the procedure set out in section 6 of that Method and the Procedure for pH Stabilization EPS 1/RM/50 — is primarily because of the concentration of un-ionized ammonia in the effluent; or

    • (b) the effluent is acutely lethal because the concentration of un-ionized ammonia in the effluent deposited via the final discharge point is greater than or equal to 1.25 mg/L, expressed as nitrogen (N) at 15°C ± 1°C, determined in accordance with section 14.

  • Marginal note:Samples

    (2) The determination referred to in paragraph (1)(b) must

    • (a) for an intermittent wastewater system, be based on at least one sample of effluent; and

    • (b) for a continuous wastewater system, be based on at least two samples of effluent taken 7 days apart.

  • Marginal note:Determination of NH3 concentration in water

    (3) The concentration of un-ionized ammonia in the water referred to in subsection (1) must be determined in accordance with the following formula:

    total ammonia × 1 ÷ (1 +10pKa – pH)

    where

    total ammonia
    is the concentration of total ammonia in that water — namely, un-ionized ammonia (NH3) plus ionized ammonia (NH4+) — determined in accordance with subsection (4), expressed in mg/L as nitrogen (N);
    pKa
    is 0.09018 + 2729.92/T, where T is the ambient water temperature in kelvin; and
    pH
    is the pH of that water.
  • Marginal note:Determination of concentration of total ammonia in water

    (4) The concentration of total ammonia in the water referred to in subsection (3) must be determined

    • (a) using a total ammonia test; or

    • (b) using a method of estimation that is based on generally accepted engineering practices.

  • Marginal note:Periods for application

    (5) An initial application for a temporary authorization to deposit effluent that contains un-ionized ammonia must be made within 30 days after, as the case may be, the determination referred to in paragraph (1)(a) or (b) has been made. Applications to extend the temporary authorization must be made at least 90 days before the expiry of the authorization.

Application

Marginal note:Required information

 An application for a temporary authorization to deposit effluent that contains un-ionized ammonia 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 latitude and longitude of the final discharge point expressed in decimal degrees in accordance with subsection 18(3);

  • (e) in relation to the determination of the acute lethality of the effluent

    • (i) if that determination is the one referred to in paragraph 34(1)(a),

      • (A) the result of that determination, including, for each sample on which that determination was based, the information referred to in section 8.1 of Reference Method EPS 1/RM/13 and section 3 of the Procedure for pH Stabilization EPS 1/RM/50, and

      • (B) information establishing that, when that determination was made, any acute lethality of the effluent was primarily because of the concentration of the un-ionized ammonia in the effluent, or

    • (ii) if that determination is the one referred to in paragraph 34(1)(b), the concentration of un-ionized ammonia in each of the samples referred to in subsection 34(2);

  • (f) information that establishes that, when the application was made, the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m from the point of entry where effluent is deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N); and

  • (g) 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 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.

 
Date modified: