Pulp and Paper Effluent Regulations — 38
38 (1) For the purpose of subsection 38(4) of the Act, the person occupying the position set out in item 6, column II, of Schedule VI is a prescribed person. (2) Any person required by subsection 38(4) of the Act to report the occurrence of a deposit of a deleterious substance out of the normal course of events shall, if a deposit has occurred, submit a written report to an inspector or the person referred to in subsection (1) as soon as possible in the circumstances, but at the latest 30 days after the day on which the deposit occurred. (3) For the purpose of evaluating the effect of a deposit out of the normal course of events that has occurred from an outfall structure, the operator shall, in accordance with subsection 2(1) of Schedule II and as soon as possible in the circumstances, (a) collect a grab sample from the outfall structure through which the deposit occurred and subject the sample to (i) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition, and (ii) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/14 Second Edition; and (b) subject another sample, collected from the outfall structure through which the deposit occurred in accordance with section 6 of Schedule II, to a BOD test. (4) The collecting and testing of a sample under subsection (3) are not required if, for the purpose of monitoring effluent under paragraph 35(1)(b), the same sample has already been collected and the same test has been conducted whose result permits the determination of the effect of the deposit out of the normal course of events. (5) The written report shall contain the following information: (a) the BOD of the BOD matter that was deposited, and the quantity of suspended solids that was deposited, that exceeded the maximum respective quantities authorized by section 34 or, if either of them cannot be determined, an estimate of that BOD or of that quantity of suspended solids, or both, along with information and supporting data on how the estimate was derived; (b) an estimate of the BOD of the BOD matter that was deposited during any period in which the monitoring equipment was malfunctioning, and of the quantity of suspended solids that was deposited during that period along with information and supporting data on how the estimate was derived; (c) the volume or, if the volume cannot be determined, an estimate of the volume of acutely lethal effluent that was deposited and the results of the test that was conducted pursuant to subparagraph (3)(a)(i) or any test that meets the criteria of subsection (4); (d) the results of the test that was conducted pursuant to subparagraph (3)(a)(ii) or any test that meets the criteria of subsection (4); (e) whether any sample of effluent failed an acute lethality test or a Daphnia magna test conducted in accordance with sections 17 and 18 of Schedule II; (f) the quantity of any deleterious substance that was deposited in any way other than through an outfall structure in respect of which a plan had been provided in accordance with paragraph 37(1)(a) or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived; (g) the quantity of any deleterious substance that was deposited through an outfall structure through which untreated effluent is deposited or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived; and (h) the circumstances of the deposit, the measures that were taken to mitigate the effects of the deposit and, if the emergency response plan prepared in accordance with section 11 was implemented, details concerning its implementation. SOR/2004-109, s. 18; SOR/2008-239, s. 10(F); SOR/2011-92, s. 2