GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wastewater Systems Effluent Regulations — 33
Transitional authorization — termination 33 (1) Despite subsections 24(2) and 26(2), the authorization officer may terminate a transitional authorization 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 if it 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. Expiry of temporary authorization — notice (2) If the modifications to be made to a wastewater system are completed in accordance with the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s) or subsection 29(3), as the case may be, the owner or operator of the wastewater system must send a notice to the authorization officer that indicates the date on which the modifications were completed and certifies that the identification report has been updated in accordance with subsection 18(6). SOR/2024-97, s. 26
Wastewater Systems Effluent Regulations — 34
Requirements 34 (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 all points that are 100 m downstream 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 . 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. Determination of NH 3 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 + 10 pKa – pH where total ammonia is the concentration of total ammonia in that water — namely, un-ionized ammonia (NH 3 ) plus ionized ammonia (NH 4 + ) — 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. 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 using a total ammonia test. 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. SOR/2024-97, s. 27
Wastewater Systems Effluent Regulations — 35
Required information 35 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, at the time 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 downstream 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 authorized representative that certifies that the 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 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. SOR/2024-97, s. 28
Wastewater Systems Effluent Regulations — 36
Required information 36 (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 beginning on the date of issuance, 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 downstream 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). 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. SOR/2024-97, s. 29
Wastewater Systems Effluent Regulations — 37
Authorized deposits 37 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 that is less than or equal to 0.016 mg/L, expressed as nitrogen (N), determined in accordance with subsection 34(3), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point. SOR/2024-97, s. 30
Wastewater Systems Effluent Regulations — 38
General requirements 38 The holder of a temporary authorization to deposit effluent that contains un-ionized ammonia must, at the final discharge point, during the period of authorization (a) comply with sections 7 to 10 , 12 to 14 , 16 to 22 and 48 ; (b) for each sample as referred to in subsection 10(1) to (4), 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). SOR/2024-97, s. 31
Wastewater Systems Effluent Regulations — 39
Period and content 39 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 must be less than or equal to 0.016 mg/L, expressed as nitrogen (N), determined in accordance with subsection 34(3), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point. SOR/2024-97, s. 32
Wastewater Systems Effluent Regulations — 40
Extension 40 (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). 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 downstream 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). SOR/2024-97, s. 33
Wastewater Systems Effluent Regulations — 41
Correction of information 41 (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. 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 .
Wastewater Systems Effluent Regulations — 42
Revocation 42 (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. 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). 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.
Wastewater Systems Effluent Regulations — 43
Deposit without or with partial treatment 43 (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 . 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; (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; (c) notice of the proposed bypass has been given to members of the public and to any community or Indigenous governing body, if the owner or operator has reasonable grounds to believe that the member, community or governing body could be affected by the bypass or may have used or may use the receiving environment before, during or after the bypass; and (d) notice of the proposed bypass has been given to the National Manager of the Shellfish Water Classification Program, Department of the Environment, if the proposed bypass will result in the deposit of effluent in open marine waters or marine port waters , as defined in Schedule 2, or a shellfish harvesting area or within a radius of 20 km of such an area or such waters. Period for application (3) An application for a temporary bypass authorization must be made at least (a) 21 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 1 bypass as determined in accordance with sections 43.2 to 43.4; (b) 45 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 2 bypass as determined in accordance with sections 43.2 to 43.4; or (c) 90 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 3 bypass as determined in accordance with sections 43.2 to 43.4. SOR/2024-97, s. 34
Wastewater Systems Effluent Regulations — 43.1
Physical or biological treatment 43.1 For the purposes of sections 43.2 and 43.3, physical or biological treatment means any treatment process, other than preliminary treatment, applied to wastewater for the purpose of removing suspended solids or CBOD matter, or both, from the influent. SOR/2024-97, s. 35
Wastewater Systems Effluent Regulations — 43.2
Bypass category determination — physical or biological treatment 43.2 (1) If the effluent deposited during the proposed bypass has undergone a physical or biological treatment, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (2) to (4). Category 1 bypass (2) The bypass is a Category 1 bypass if (a) the estimated volume of the deposits is equal to or less than 25 000 m 3 and the approximate duration referred to in paragraph 44(1)(g) is equal to or less than 240 hours; and (b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions. Category 3 bypass (3) The bypass is a Category 3 bypass if (a) the estimated volume of the deposits is greater than 500 000 m 3 or the approximate duration referred to in paragraph 44(1)(g) is greater than 2 160 hours; and (b) any of the following conditions apply: (i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or (ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points. Category 2 bypass (4) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (2) or (3). SOR/2024-97, s. 35
Wastewater Systems Effluent Regulations — 43.3
Bypass category determination — no physical or biological treatment 43.3 (1) If the effluent deposited during the proposed bypass has not undergone a physical or biological treatment, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (2) to (4). Category 1 bypass (2) The bypass is a Category 1 bypass if (a) the estimated volume of the deposits is equal to or less than 2 500 m 3 or the approximate duration referred to in paragraph 44(1)(g) is equal to or less than 48 hours; (b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions; and (c) the bypass does not qualify as a category 3 bypass. Category 3 bypass (3) The bypass is a Category 3 bypass if (a) the estimated volume of the deposits is greater than 50 000 m 3 or the approximate duration referred to in paragraph 44(1)(g) is greater than 720 hours; or (b) the estimated volume of the deposits is greater than 25 000 m 3 or the approximate duration referred to in paragraph 44(1)(g) is greater than 360 hours, and any of the following conditions apply: (i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or (ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points. Category 2 bypass (4) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (2) or (3). SOR/2024-97, s. 35
Wastewater Systems Effluent Regulations — 43.4
Precipitation event 43.4 (1) For the purposes of this section, precipitation event means an accumulation of precipitation, other than from melting snow or ice, that causes a temporary surcharge in the wastewater system because of a reduced capacity due to the construction work, the maintenance of the system or the response referred to in paragraph 43(2)(a) and results in a deposit of untreated wastewater mixed with surface runoff and stormwater. Bypass category determination — precipitation events during period of reduced capacity (2) If the effluent deposited during the proposed bypass is caused by one or more precipitation events that occur during a period of reduced capacity of the wastewater system, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (3) to (5). Category 1 bypass (3) The bypass is a Category 1 bypass if (a) the estimated volume of the deposits is equal to or less than 5 000 m 3 or the period referred to in paragraph 44(1)(f) is equal to or less than 96 hours; (b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions; and (c) the bypass does not qualify as a category 3 bypass. Category 3 bypass (4) The bypass is a Category 3 bypass if (a) the estimated volume of the deposits is greater than 100 000 m 3 or the period referred to in paragraph 44(1)(f) is greater than 1 440 hours; and (b) any of the following conditions apply: (i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or (ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or at one or more overflow points. Category 2 bypass (5) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (3) or (4). SOR/2024-97, s. 35
Wastewater Systems Effluent Regulations — 44
tion that was prepared by other persons with sufficient knowledge to evaluate that information, to the best of the owner’s, operator’s or authorized representative’s information and belief, based on representations made to them by those persons. Additional information – risk level (2) In addition to the information referred to in subsection (1), an application for a temporary bypass authorization must contain the following information: (a) for a Category 2 bypass, a detailed description of the measures referred to in paragraph (1)(h.2); (b) for a Category 3 bypass, (i) a detailed description of the measures referred to in paragraph (1)(h.2), (ii) an assessment of the methods that were considered but not retained to avoid or minimize the bypass, including their technical feasibility and an estimate of costs, (iii) an assessment of the geographical scope where the effluent mixes with the receiving environment and where there is a distinguishable difference from the ambient water conditions, as well as a description of the methodologies used to prepare the assessment, and (iv) a detailed description of the monitoring of the effluent or of the receiving environment based on the assessment of the geographical scope referred to in subparagraph (iii) that will be implemented to assess the effectiveness of the measures referred to in paragraph (1)(h.2), including a detailed plan and schedule for monitoring before, during and after the bypass occurs. Additional information – on demand (3) The authorization officer may request additional information from an applicant if that information is required to assess the potential adverse effects of the bypass on fish, fish habitat or the use by man of fish. Additional information – written notice (4) In accordance with subsection (3), the authorization officer must provide the applicant with a written notice setting out the information to be provided and the timeline for providing it. SOR/2024-97, s. 36