Pulp and Paper Effluent Regulations — 35
35 (1) The authority of the owner or operator of the mill under section 34 is conditional on the operator (a) installing, maintaining and calibrating monitoring equipment, and keeping records of that equipment, in accordance with section 8; (b) monitoring effluent in accordance with Schedule II and submitting to the authorization officer a monthly report of the monitoring results and production information in accordance with subsections 9(1) and (3), other than paragraphs (1)(d) and (f); (c) notifying an inspector, without delay, of any result of a test conducted in accordance with Schedule II and of any result of any additional test that was conducted on samples collected in accordance with the procedures specified in that Schedule, other than in the case of a deposit out of the normal course of events, that indicates a failure or non-compliance with these Regulations, and reporting the test results in writing to the inspector within 10 days after the notification; (d) submitting the identifying information to the authorization officer in accordance with paragraph 10(1)(a) and subsections 10(2) and (3); (e) preparing and updating annually a remedial plan describing the measures to be taken by the operator to eliminate all unauthorized deposits of deleterious substances in the case where effluent fails an acute lethality test conducted in accordance with Schedule II; (f) conducting a dissolved oxygen monitoring program in accordance with Schedule VII and submitting to the authorization officer data obtained from the program and reports in accordance with section 36; (g) preparing an emergency response plan in accordance with section 11 and making it readily available on site to persons who are to implement the plan; (h) submitting the information on outfall structures to the authorization officer in accordance with section 37, and depositing effluent only through those outfall structures; (i) complying with the requirements for environmental effects monitoring studies set out in sections 28 and 29 and conducting biological monitoring studies and submitting an interpretive report to the authorization officer, in accordance with sections 3 to 12 of Schedule IV.1, no later than April 1, 2007, and, with respect to subsequent biological monitoring studies and reports, complying with the requirements of subsections 30(2) and (3); and (j) keeping available for inspection (i) for at least five years, the information and data specified in section 8.2 of Reference Method EPS 1/RM/13 Second Edition and section 8.2 of Reference Method EPS 1/RM/14 Second Edition, (ii) for at least three years, the results of all pH levels and electrical conductivity tests conducted in accordance with Schedule II, (iii) for at least five years, a remedial plan and every update of it, (iv) for at least five years, an emergency response plan and every update of it, and (v) for at least six years, all records, reports and data collected or prepared for the purposes of an environmental effects monitoring study. (2) The authority of the owner or operator of the mill under section 34 is also conditional on the operator (a) not combining any treated effluent with water before the treated effluent is deposited; and (b) not combining any treated effluent with any other effluent before the treated effluent is deposited, unless (i) neither the treated effluent nor the other effluent is acutely lethal, and (ii) the treated effluent and the other effluent are monitored in accordance with sections 17 to 19 of Schedule II before they are combined. (3) The authority of the owner of the mill under section 34 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. 18