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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 Authorization to Deposit Un-ionized Ammonia (continued)

Conditions of Issuance

Marginal note:Required information

  •  (1) Subject to subsection (2), the authorization officer must issue the temporary authorization to deposit effluent that contains un-ionized ammonia for a period of three years from January 1, 2015, or the date of issuance if that date is later, if

    • (a) the application contains the information required under section 35;

    • (b) the information referred to in paragraph 35(e) has established that the effluent was, at the time of the application, acutely lethal because of the concentration of un-ionized ammonia in it; and

    • (c) the information referred to in paragraph 35(f) has established that 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 was deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N).

  • Marginal note:Refusal

    (2) 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.

Conditions on Temporary Authorization

Marginal note:Authorized deposits

 A holder of a temporary authorization to deposit effluent that contains un-ionized ammonia in respect of a wastewater system is authorized to deposit, via the final discharge point, effluent

  • (a) that satisfies the conditions set out in paragraphs 6(1)(a) to (c); and

  • (b) that results in a 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 that is less than or equal to 0.016 mg/L, expressed as nitrogen (N).

Compliance Obligations

Marginal note:General requirements

 The holder of a temporary authorization to deposit effluent that contains un-ionized ammonia in respect of a wastewater system must during the period of authorization

  • (a) comply with sections 7 to 10, 12 to 14, 16 to 22 and 48;

  • (b) for each sample taken under subsection 10(1), (2) or (3), determine, or cause the determination of, the concentration of un-ionized ammonia in the effluent, in accordance with section 14; and

  • (c) once each August, determine, or cause the determination of, the concentration of un-ionized ammonia in the water referred to in paragraph 37(b).

Scope of Temporary Authorization and Revocation

Marginal note:Period and content

 A temporary authorization, and any extension of it, to deposit effluent that contains un-ionized ammonia must be in the form set out in Schedule 5 and contain the following information:

  • (a) the information referred to in paragraphs 35(a) and (c);

  • (b) the latitude and longitude of the final discharge point;

  • (c) the date of issuance of the temporary authorization and of any extension of it;

  • (d) the period of authorization; and

  • (e) a statement that 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 must be less than or equal to 0.016 mg/L, expressed as nitrogen (N).

Marginal note:Extension

  •  (1) A temporary authorization may, on application, be extended for successive periods of three years. If that application is based on a determination of the acute lethality of effluent referred to in paragraph 34(1)(a), it must contain the information referred to in subparagraph 35(e)(i).

  • Marginal note:Issuance

    (2) The authorization officer must — based on the information contained in the application for the extension, the monitoring reports sent under subsection 19(1) and the original application for the temporary authorization referred to in section 35 — extend the authorization if it is established that, when the application for an extension was made,

    • (a) the effluent was acutely lethal because of the concentration of un-ionized ammonia in it; and

    • (b) 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 was deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N).

Marginal note:Correction of information

  •  (1) If the owner or operator becomes aware that the information provided in an application for a temporary authorization, or for an extension of a temporary 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 35(g) with respect to the corrected application.

  • Marginal note:Corrected temporary 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 39, the authorization officer must issue a corrected temporary authorization or corrected extension of a temporary authorization, as the case may be, as if the corrections together with the remaining information originally provided in the application were an application under section 35 or 40.

Marginal note:Revocation

  •  (1) The authorization officer may revoke a temporary authorization, or an extended temporary authorization, to deposit effluent that contains un-ionized ammonia if

    • (a) the information contained in, as the case may be, the application for the temporary authorization referred to in section 35 or the application for the extended temporary authorization referred to in 40 is false or misleading in a material respect;

    • (b) the holder has, during the period of authorization, failed to comply with paragraph 37(a) or (b), any section referred to in paragraph 38(a), or paragraph 38(b) or (c); or

    • (c) new information indicates that a deposit under the temporary authorization or the extended temporary authorization 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 those effects that were anticipated when that authorization was issued.

  • Marginal note:Considerations

    (2) When determining whether to revoke a temporary authorization or an extended temporary authorization, the authorization officer must consider, as applicable, whether the holder

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

    • (b) has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with any 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 temporary authorization or an extended temporary 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.

Temporary Bypass Authorization

Requirements

Marginal note:Deposit without or with partial treatment

  •  (1) An owner or operator of a wastewater system may apply to an authorization officer for a temporary authorization to bypass at least one of the treatment processes normally applied to wastewater in the system and, as a result, to deposit effluent that contains any deleterious substance prescribed in section 5.

  • Marginal note:Conditions precedent

    (2) An application for a temporary bypass authorization is not to be made unless

    • (a) the requirement to bypass those treatment processes arises from

      • (i) construction work to make changes to the system,

      • (ii) the maintenance of the system, or

      • (iii) the response to an anticipated event that is beyond the control of the owner or operator of the system; and

    • (b) the bypass is designed, within the constraints of technical and economic feasibility, to minimize the volume of effluent deposited and the concentration of deleterious substances prescribed in section 5 in the effluent deposited.

  • Marginal note:Period for application

    (3) An application for a temporary bypass authorization must be made at least 45 days before the day on which the requirement referred to in paragraph (2)(a) is to arise.

Application

Marginal note:Required information

 An application for a temporary bypass authorization 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) an explanation of how the bypass is designed to minimize the volume of effluent deposited and the concentration of deleterious substances prescribed in section 5 in the effluent deposited during the construction work, the maintenance of the system or the response referred to in paragraph 43(2)(a), including a description of, and a schedule for, all steps that are to be taken to achieve that minimization;

  • (e) the latitude and longitude, expressed in decimal degrees in accordance with subsection 18(3), of

    • (i) the final discharge point, if the bypass results in the deposit of effluent via the system’s final discharge point, or

    • (ii) the overflow point, if the bypass results in wastewater being diverted to an overflow point of the wastewater system for deposit in any water or place referred to in subsection 36(3) of the Act;

  • (f) the period for which the bypass 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);

  • (g) the approximate duration, expressed in hours, of the deposits referred to in subparagraph (e)(i) or (ii) or both;

  • (h) the estimated volume, expressed in m3, of those deposits; and

  • (i) 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.

 
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