GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pulp and Paper Effluent Regulations — 7
perator (a) depositing effluent only into a wastewater system that is regulated by the Wastewater Systems Effluent Regulations ; (b) submitting the identifying information to the authorization officer in accordance with subsections 10(1.1) to (3); and (c) preparing an emergency response plan in accordance with section 11, making it readily available on site to persons who are to implement the plan and keeping the plan and every update available for inspection for at least five years. (4) The authority of the owner of a mill under section 6 is, if the owner is not the same person as the operator, also conditional on the owner exercising all due diligence to ensure that the operator meets the applicable conditions specified in this section. SOR/2004-109, s. 4; SOR/2012-140, ss. 7, 30; SOR/2018-185, s. 1
Pulp and Paper Effluent Regulations — 8
8 (1) The monitoring equipment referred to in paragraph 7(1)(a) is equipment that is installed, maintained and calibrated so that it is capable of monitoring effluent in accordance with Schedule II, and includes the following: (a) equipment that is capable of taking duplicate samples of effluent from each outfall structure, or a sufficient volume of effluent to obtain split samples, for the purpose of conducting BOD tests and suspended solids tests; and (b) equipment that permits the determination of the volume of effluent that is deposited through each outfall structure using a method that accords with generally accepted engineering principles, such as a method described in the standards for the measurement of fluid flow in closed conduits and for the measurement of liquid flow in open channels, published by the International Organization for Standardization under International Classification for standards numbers 17.120.10 and 17.120.20, respectively, as amended from time to time. (2) Flow monitoring equipment shall be calibrated to be accurate to within 10 per cent. (3) The records of the monitoring equipment shall (a) contain a description of the monitoring equipment, including the manufacturer’s specifications and the year and model number of the equipment; (b) contain the results of the calibration tests of the monitoring equipment; and (c) be kept available for inspection for a period of at least three years. SOR/2004-109, s. 5
Pulp and Paper Effluent Regulations — 9
9 (1) Each monthly report of monitoring results and production information referred to in paragraph 7(1)(b) shall contain the following information and shall be submitted to the authorization officer no later than 30 days after the end of the month to which the report relates: (a) the data required by section 8.1 of Reference Method EPS 1/RM/13 Second Edition and section 8.1 of Reference Method EPS 1/RM/14 Second Edition for all tests that were conducted in accordance with Schedule II during the month, including any additional tests that were conducted on samples collected in accordance with the procedures specified in that Schedule; (b) the results of all BOD tests and suspended solids tests that were conducted in accordance with Schedule II during the month, including any additional tests that were conducted on samples collected in accordance with the procedures specified in that Schedule; (c) the average daily BOD of the BOD matter that was deposited during the month and the average daily quantity of suspended solids that was deposited during the month, calculated on the basis of the results referred to in paragraph (b); (d) the total BOD of the BOD matter that was deposited during the month and the total quantity of suspended solids that was deposited during the month, calculated by multiplying the number of days in the month during which effluent was deposited by the applicable daily average for that month referred to in paragraph (c); (e) the volume of effluent that was deposited during each daily period in the month; (f) in the case of a mill at which, under the authority of an authorization, treated effluent is combined with other effluent before being deposited, the volume of each effluent that is to be treated and the volume of the treated effluent before it is combined, for any daily period during which samples of effluent are collected in accordance with section 15 of Schedule II; and (g) in the case of a mill, the quantity of finished product, measured in accordance with subsection 12(3), that was produced during each daily period that the mill was in operation during the month. (2) [Repealed, SOR/2012-140, s. 8] (3) Each report referred to in this section shall be submitted electronically in the format provided by the federal Department of the Environment, but the report shall be submitted in writing if (a) no such format has been provided; or (b) it is, owing to circumstances beyond the operator’s control, impracticable to submit the report electronically in the format provided. SOR/2004-109, s. 6; SOR/2012-140, s. 8
Pulp and Paper Effluent Regulations — 10
10 (1) The identifying information referred to in paragraph 7(1)(d) is as follows: (a) the name and address of both the owner and the operator of the mill; (b) the day referred to in subsection 30(1) after which the interpretive report is required to be submitted to the authorization officer; and (c) in the case of a mill that treats, in addition to its own effluent, waste water from sources other than a mill, the name and address of both the owner and the operator of each of those sources. (d) [Repealed, SOR/2012-140, s. 9] (1.1) The identifying information referred to in paragraph 7(3)(b) is as follows: (a) the name and address of both the owner and the operator of the mill; and (b) the name and address of both the owner and the operator of the wastewater system into which effluent is deposited. (2) The identifying information shall be submitted no later than (a) 30 days after the day on which this subsection comes into force; or (b) the day on which the mill becomes subject to these Regulations, if that day is after the period referred to in paragraph (a). (3) Any change in the information previously submitted shall be submitted no later than 90 days after the change occurs. SOR/2004-109, s. 8; SOR/2008-239, s. 2; SOR/2012-140, ss. 9, 31
Pulp and Paper Effluent Regulations — 11
11 (1) The emergency response plan referred to in paragraphs 7(1)(f) and (3)(c) shall describe the measures to be taken to prevent any deposit of a deleterious substance out of the normal course of events or to mitigate the effects of such a deposit. The plan shall include the following elements: (a) the identification of any deposit out of the normal course of events that can reasonably be expected to occur at the mill and that can reasonably be expected to result in damage or danger to fish habitat or fish or the use by man of fish, and the identification of the damage or danger; (b) a description of the measures to be used to prevent, prepare for and respond to a deposit identified under paragraph (a); (c) a list of the individuals who are to implement the plan in the event of a deposit out of the normal course of events, and a description of their roles and responsibilities; (d) the identification of the emergency response training required for each of the individuals listed under paragraph (c); (e) a list of the emergency response equipment included as part of the plan, and the equipment’s location; and (f) alerting and notification procedures including the measures to be taken to notify members of the public who may be adversely affected by a deposit identified under paragraph (a). (2) The emergency response plan shall be prepared no later than (a) 30 days after the day on which this subsection comes into force; or (b) the day on which the mill becomes subject to these Regulations, if that day is after the period referred to in paragraph (a). (3) An updated emergency response plan shall be prepared no later than January 31 of each calendar year. (4) If a mill has not been subject to the requirements of these Regulations for more than one year, a new emergency response plan shall be prepared on the day on which the mill again becomes subject to these Regulations. SOR/2004-109, s. 9; SOR/2008-239, s. 19(F); SOR/2012-140, ss. 10, 31
Pulp and Paper Effluent Regulations — 12
12 (1) The reference production rate of a mill for any year is equal to the highest value of the 90th percentiles of the daily production of finished product at the mill for any of the previous three years. (2) The 90th percentile of the daily production of finished product at a mill for a year is the statistically derived value that is equal to the quantity of finished product, produced daily by the mill, that was exceeded on 10 per cent of the days that the mill operated in the year. (3) The production of finished product shall be measured in tonnes, taking into account the following: (a) in the case of pulp, (i) if its moisture content exceeds 10%, the weight of the pulp shall be adjusted so that its moisture content does not exceed 10%, or (ii) if its moisture content is equal to or less than 10%, the weight of the pulp shall not be adjusted; and (b) in the case of a paper product, the weight of the paper product shall be its weight after it has been machine dried. (4) The reference production rates referred to in paragraph 7(1)(g) shall be submitted for each calendar year to the authorization officer no later than January 31 of the following year. SOR/2004-109, s. 10
Pulp and Paper Effluent Regulations — 13
13 (1) Where less than three years of data are available on which to calculate the reference production rate of a mill, the operator may use a reference production rate calculated on the basis of available data or may apply to the authorization officer for an interim reference production rate. (2) If the 90th percentile of the daily production of finished product at a mill has increased or is expected to increase by more than 25%, in respect of any period of 100 consecutive days, from the reference production rate of the mill, the operator may apply to the authorization officer for an interim reference production rate. (3) If the 90th percentile of the daily production of finished product at a mill has decreased or is expected to decrease by more than 25%, in respect of any period of 100 consecutive days, from the reference production rate of the mill, the operator shall apply to the authorization officer for an interim reference production rate no later than 31 days after the decrease occurs or after becoming aware of the expected decrease, as the case may be. (4) An applicant for an interim reference production rate shall submit plans, specifications and other information on the design and capability of the mill’s production process to the authorization officer and such further information as the authorization officer may subsequently require to assess the application. (5) If, in accordance with subsection (1), (2) or (3), the authorization officer assigns an interim reference production rate to a mill to be used for the purposes of section 14 instead of the reference production rate, the interim reference production rate shall be based on an estimation of what the 90th percentile of the daily production would be at that mill. The estimation shall be based on the information submitted in accordance with subsection (4). (6) The use of an interim reference production rate shall commence on the day the authorization officer may specify and expires at the end of the year. SOR/2004-109, ss. 11, 36(E)
Pulp and Paper Effluent Regulations — 14
14 Unless an authorization has been issued authorizing the deposit of BOD matter or suspended solids, as the case may be, the maximum BOD of the BOD matter that may be deposited from a mill and the maximum quantities of suspended solids that may be deposited from a mill are as follows: (a) in respect of a daily period, the amounts determined using the formula Q d = F × 2.5 × RPR and (b) in respect of a month, the amounts determined using the formula Q m = F × D × 1.5 × RPR where D is the number of calendar days in the month, F is equal to a factor of 5 for BOD and 7.5 for suspended solids, expressed in kilograms per tonne of finished product, Q d is the maximum BOD of the BOD matter that may be deposited during a daily period or the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms, Q m is the maximum BOD of the BOD matter that may be deposited during a month or the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms, and RPR is the reference production rate of the mill for all finished product, expressed in tonnes per day. SOR/2004-109, s. 12; SOR/2008-239, s. 3(E)
Pulp and Paper Effluent Regulations — 15
15 (1) An application for an authorization may be made by one or more of (a) the owner or operator of a mill that treats, in addition to its own effluent, waste water from sources other than a mill and that commenced operations before November 3, 1971, who seeks an authorization to deposit, or to permit the deposit of, BOD matter or suspended solids in quantities that exceed the maximum quantities authorized by section 14; (b) the owner or operator of a mill that commenced operations before November 3, 1971 and since that date treats effluent from the production of dissolving grade sulphite pulp, who seeks an authorization to deposit, or to permit the deposit of, BOD matter or suspended solids in quantities that exceed the maximum quantities authorized by section 14; or (c) [Repealed, SOR/2012-140, s. 11] (d) the owner or operator of a mill who seeks an authorization to combine treated effluent with other effluent before the treated effluent is deposited. (2) An application for an authorization shall contain the information specified in Schedule III and shall be submitted to the authorization officer. SOR/2004-109, s. 12; SOR/2008-239, s. 4; SOR/2012-140, s. 11
Pulp and Paper Effluent Regulations — 16
16 (1) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(a) an authorization to deposit, or to permit the deposit of, BOD matter and suspended solids in quantities that exceed the maximum quantities authorized by section 14, if the quantities so authorized are the lowest that can be achieved and do not exceed the maximum quantities that may be authorized under section 19. (2) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(b) an authorization to deposit, or to permit the deposit of, BOD matter and suspended solids in quantities that exceed the maximum quantities authorized by section 14, if the quantities so authorized are the lowest that can be achieved and do not exceed the maximum quantities that may be authorized under section 20. (3) An authorization may not be issued under subsection (1) or (2) unless the owner or operator of the mill has taken all applicable preventative measures at the production stage to reduce the BOD of all BOD matter and the quantity of suspended solids in the effluent. (4) [Repealed, SOR/2012-140, s. 12] SOR/2004-109, s. 12; SOR/2012-140, s. 12
Pulp and Paper Effluent Regulations — 17
17 (1) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(d) an authorization to combine treated effluent with other effluent before the treated effluent is deposited if (a) the operator has taken all reasonable steps, before the effluent is treated, to reduce the BOD of the BOD matter, the quantity of suspended solids and the lethality in respect of the effluent to be treated; (b) the operator has instituted or intends to institute a water conservation program at the mill that would so reduce the volume of the effluent requiring treatment that it would still be acutely lethal despite treatment; (c) the treatment process removes at least 90 per cent of the BOD of all BOD matter in the effluent that is treated; and (d) the other effluent is not acutely lethal before being combined with the treated effluent. (2) Treated effluent may not be combined with other effluent in accordance with an authorization under subsection (1) unless the operator institutes the water conservation program referred to in that subsection. SOR/2004-109, s. 13
Pulp and Paper Effluent Regulations — 18
18 (1) No authorization shall be issued under section 16 or 17 if the authorization officer has data indicating that the quantity of the deleterious substances to be authorized has had or will have a significant effect on fish, fish habitat or the use by man of fish that is more adverse than if the quantities were the maximum quantities authorized under section 14. (2) An authorization shall be issued in the form set out in Schedule IV. (3) The authorization officer may amend or withdraw any authorization if (a) new data indicate that the quantity of the substances, authorized by the authorization officer, has had or will have a significant effect on fish, fish habitat or the use by man of fish that is more adverse than if the quantities were the maximum quantities authorized under section 14; (b) any of the grounds on which the authorization was issued ceases to be true; (c) an owner or operator has not taken all applicable preventative measures at the production stage to reduce the BOD of the BOD matter, the quantity of suspended solids or the lethality in respect of the effluent to be treated; or (d) there is a change in any information provided under section 3, 4 or 5 of Schedule III. (4) Before issuing, amending or withdrawing an authorization, the authorization officer shall consult with officials in the Department of Fisheries and Oceans and, if the authorization officer is a provincial official, with officials in the federal Department of the Environment. The authorization officer may also consult with any other person, body or group that has an interest in the authorization. SOR/2004-109, ss. 14, 36(E)
Pulp and Paper Effluent Regulations — 19
19 (1) The maximum BOD of the BOD matter and the maximum quantities of suspended solids that the owner or operator of a mill referred to in paragraph 15(1)(a) may be authorized to deposit, or to permit the deposit of, under an authorization are as follows: (a) in respect of a daily period, the amounts determined using the formula Q d = (F × 2.5 × RPR) + [0.375 × (B o or S o )] and (b) in respect of a month, the amounts determined using the formula Q m = (F × D × 1.5 × RPR) + [0.225 × (B o or S o ) × D] where B o is the average daily BOD of the BOD matter in the waste water from sources other than a mill before it is treated by the mill, calculated for the preceding calendar year and expressed in kilograms, D is the number of calendar days in the month, F is equal to a factor of 5 for BOD and 7.5 for suspended solids, expressed in kilograms per tonne of finished product, Q d is the maximum BOD of the BOD matter that may be deposited during a daily period or the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms, Q m is the maximum BOD of the BOD matter that may be deposited during a month or the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms, RPR is the reference production rate of the mill for all finished product, expressed in tonnes per day, and S o is the average daily quantity of suspended solids in the waste water from sources other than a mill before it is treated by the mill, calculated for the preceding calendar year and expressed in kilograms. (2) The values of B o and S o and the supporting data referred to in paragraph 7(1)(h) for each calendar year shall be submitted to the authorization officer no later than January 31 of the following calendar year. (3) If there are insufficient data on which to calculate the values of B o and S o , an estimate of those values may be made based on the data that are available. SOR/2004-109, s. 15; SOR/2008-239, s. 5(E)
Pulp and Paper Effluent Regulations — 20
20 The maximum BOD of the BOD matter and the maximum quantities of suspended solids that the owner or operator of a mill referred to in paragraph 15(1)(b) may be authorized to deposit, or to permit the deposit of, under an authorization are as follows: (a) in respect of a daily period, the amounts determined using the formula Q d = (F 1 × 2.5 × RPR 1 ) + (F 2 × 2.5 × RPR 2 ) and (b) in respect of a month, the amounts determined using the formula Q m = (F 1 × D × 1.5 × RPR 1 ) + (F 2 × D × 1.5 × RPR 2 ) where D is the number of calendar days in the month, F 1 is equal to a factor of 5 for BOD and 7.5 for suspended solids, expressed in kilograms per tonne of finished product other than dissolving grade sulphite pulp, F 2 is equal to a factor of 18 for BOD and 25 for suspended solids, expressed in kilograms per tonne of dissolving grade sulphite pulp, Q d is the maximum BOD of the BOD matter that may be deposited during a daily period or the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms, Q m is the maximum BOD of the BOD matter that may be deposited during a month or the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms, RPR 1 is the reference production rate of the mill for all finished product other than dissolving grade sulphite pulp, expressed in tonnes per day, and RPR 2 is the reference production rate of the mill for dissolving grade sulphite pulp, expressed in tonnes per day. SOR/2004-109, s. 15; SOR/2008-239, s. 6(E)
Pulp and Paper Effluent Regulations — 22 to 26
22 to 26 [Repealed, SOR/2004-109, s. 15]
Pulp and Paper Effluent Regulations — 27
27 (1) The information on outfall structures required by paragraph 7(1)(j) is as follows: (a) a general description of each outfall structure, together with its plans and specifications; and (b) a description of the portion of each outfall structure situated at the point at which effluent is deposited, as it pertains to the dispersion of deleterious substances, and more particularly a description of the design, location and maintenance of that portion. (2) The information on each outfall structure shall be submitted no later than (a) 30 days after the day on which this subsection comes into force; or (b) the day on which the mill becomes subject to these Regulations, if that day is after the period referred to in paragraph (a). (3) The information on any proposed change to an outfall structure shall be submitted at least 90 days before the change is made. SOR/2004-109, s. 17; SOR/2012-140, s. 31
Pulp and Paper Effluent Regulations — 28
28 (1) The owner or operator of a mill shall conduct environmental effects monitoring studies of the potential effects of effluent on the fish population, on fish tissue and on the benthic invertebrate community. (2) Environmental effects monitoring studies consist of the sublethal toxicity testing referred to in section 29 and the biological monitoring studies referred to in section 30. (3) The studies shall be performed and their results recorded, interpreted and reported in accordance with generally accepted standards of good scientific practice at the time that the studies are performed. (4) The owner or operator shall submit to the authorization officer reports of the results of the studies in writing and the supporting data in the electronic format provided by the federal Department of the Environment. SOR/2004-109, s. 18; SOR/2012-140, s. 30