Vessel Pollution and Dangerous Chemicals Regulations — 96
Authorized discharge 96 (1) For the purposes of section 95, sewage may be discharged if (a) in the case of a vessel in an area other than a designated sewage area, the discharge is passed through a marine sanitation device and the effluent has a fecal coliform count that is equal to or less than 250/100 mL; (b) in the case of a vessel in a designated sewage area, the discharge is passed through a marine sanitation device and the effluent has a fecal coliform count that is equal to or less than 14/100 mL; (c) in the case of a vessel that is in Section I waters or Section II waters, but not in the inland waters of Canada or a designated sewage area, and that is of 400 gross tonnage or more or is certified to carry more than 15 persons, (i) the discharge is made at a distance of at least 12 nautical miles from shore and, if it is made from a holding tank or from facilities for the temporary storage of sewage, at a moderate rate while the vessel is en route at a speed of at least 4 knots, or (ii) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 3 nautical miles from shore; (d) in the case of a Canadian vessel that is in waters that are not waters under Canadian jurisdiction, other than the Antarctic area, and that is of 400 gross tonnage or more or is certified to carry more than 15 persons, (i) the discharge is made at a distance of at least 12 nautical miles from the nearest land and, if it is made from a holding tank or from facilities for the temporary storage of sewage, at a moderate rate while the vessel is en route at a speed of at least 4 knots, or (ii) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 3 nautical miles from the nearest land; or (e) in the case of a vessel that is in Section I waters or Section II waters but not in the inland waters of Canada or a designated sewage area, and that is of less than 400 gross tonnage and is not certified to carry more than 15 persons, (i) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 1 nautical mile from shore, (ii) the discharge is made at a distance of at least 3 nautical miles from shore while the vessel is en route at the fastest feasible speed, or (iii) if it is not feasible to meet the requirements of subparagraph (ii) because the vessel is located in waters that are less than 6 nautical miles from shore to shore, the discharge is made while the vessel is en route at a speed of at least 4 knots or, if the discharge is not feasible at that speed, the discharge is made (A) during an ebb tide, while the vessel is en route at the fastest feasible speed and into the deepest waters that are located the farthest from shore, or (B) while the vessel is en route at the fastest feasible speed and into the deepest and fastest moving waters that are located the farthest from shore. Paragraphs (1)(a) and (b) and subparagraphs (1)(c)(ii), (d)(ii) and (e)(i) (2) In addition to the circumstances set out in paragraphs (1)(a) and (b) and subparagraphs (1)(c)(ii), (d)(ii) and (e)(i), the sewage may be discharged only if it does not contain any visible solids and the discharge does not cause (a) a film or sheen to develop on the water; (b) a discoloration of the water or its shorelines; or (c) sewage sludge or an emulsion to be deposited beneath the surface of the water or on its shorelines. Subparagraphs (1)(c)(i), (d)(i) and (e)(ii) and (iii) (3) In addition to the circumstances set out in subparagraphs (1)(c)(i), (d)(i) and (e)(ii) and (iii), the sewage may be discharged only if the discharge does not cause visible solids to be deposited on the shoreline. Subparagraph (1)(e)(iii) (4) Subparagraph (1)(e)(iii) does not apply if a reception facility that can receive the sewage in an environmentally safe manner is available to receive it. Definition of moderate rat