GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wastewater Systems Effluent Regulations — 11
Taking of samples — intermittent wastewater system 11 (1) The owner or operator of an intermittent wastewater system must take at each of the system’s final discharge points, for each period referred to in paragraph 3(a) during each calendar year, a grab sample of effluent on the day a deposit begins if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was more than 2 500 m 3 . Taking of samples — continuous wastewater system (2) The owner or operator of a continuous wastewater system must take at each of the system’s final discharge points, during each calendar year, a grab sample of effluent at the minimum sampling frequency set out in column 2 of the table to this subsection that corresponds to the average daily volume of effluent set out in column 1 deposited via all of the system’s final discharge points during the previous calendar year. TABLE Item Column 1 Column 2 Average Daily Volume Deposited (m 3 ) Minimum Sampling Frequency 1 > 2 500 and ≤ 50 000 Quarterly, with each sample taken at least 60 days after any previous sample 2 > 50 000 Monthly, with each sample taken at least 21 days after any previous sample Acute lethality (3) For each sample taken under subsection (1) or (2), the owner or operator must determine or cause the determination of whether it is acutely lethal in accordance with section 15. Additional tests (4) If a sample is determined to be acutely lethal, the owner or operator must take a grab sample without delay, and then subsequently once every two weeks, but at least seven days after the previous sample, and determine or cause the determination of whether it is acutely lethal in accordance with section 15. Consecutive samples — not acutely lethal (5) If three consecutive samples taken in accordance with subsection (4) are determined not to be acutely lethal, subsections (1) to (3) apply to subsequent samples. Subsequent samples (6) For greater certainty, subsection (4) applies to any subsequent sample referred to in subsection (5) that is determined to be acutely lethal when tested under subsection (3). Change in sampling frequency (7) The minimum sampling frequency set out in column 2 of the table to subsection (2) is reduced (a) for item 1, to yearly, but at least six months after any other sample, if samples were taken under subsection (2) for each of four consecutive quarters and those samples were tested under subsection (3) and determined not to be acutely lethal; and (b) for item 2, to quarterly, but at least 60 days after any other sample, if samples were taken under subsection (2) for each of 12 consecutive months and those samples were tested under subsection (3) and determined not to be acutely lethal. SOR/2024-97, s. 8
Wastewater Systems Effluent Regulations — 12
CBOD matter 12 The demand due to the quantity of carbonaceous biochemical oxygen demanding matter in the effluent must be determined in accordance with a five-day biochemical oxygen demand test with nitrification inhibition.
Wastewater Systems Effluent Regulations — 13
Suspended solids 13 The concentration of suspended solids in the effluent must be determined in accordance with a total suspended solids test. SOR/2024-97, s. 9(F)
Wastewater Systems Effluent Regulations — 14
Un-ionized ammonia 14 (1) The concentration of un-ionized ammonia in the effluent must be determined in accordance with the following formula: total ammonia × 1 1 + 10 9.56 – pH where total ammonia is the concentration of total ammonia determined in accordance with subsection (2), expressed in mg/L as nitrogen (N); and pH is the pH of the effluent adjusted to 15°C ± 1°C and determined in accordance with subsection (3). Concentration of total ammonia (2) The concentration of total ammonia in the effluent must be determined by using an aliquot of the same sample of effluent from which the pH of the effluent was determined and testing it in accordance with a total ammonia test. pH (3) The pH of the effluent must be determined by using an aliquot of the same sample of effluent from which the concentration of total ammonia of the effluent was determined and testing it in accordance with a pH test. SOR/2024-97, s. 10
Wastewater Systems Effluent Regulations — 15
Acute lethality 15 The acute lethality of the effluent must be determined in accordance with (a) Reference Method EPS 1/RM/13 using the procedure set out in section 5 or 6 of that Method; or (b) paragraph (a) using the Procedure for pH Stabilization EPS 1/RM/50.
Wastewater Systems Effluent Regulations — 16
Accredited laboratory 16 Any determination referred to in subsection 10(6) or 11(3) or (4) or paragraph 34(1)(a) or (b) or subsection 34(4) and any other determination necessary to make any of those determinations — other than the determination of the pH of water necessary to make the determination referred to in subsection 34(3) — must be performed by a laboratory that meets the following conditions at the time of the determination: (a) the laboratory is accredited (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories , by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement , or (ii) under the Environment Quality Act , CQLR, c. Q-2; and (b) the scope of the accreditation of the laboratory includes the parameters that are determined. SOR/2024-97, s. 11
Wastewater Systems Effluent Regulations — 17
ation of suspended solids was not taken into account in the average referred to in paragraph 6(1)(b), in accordance with subsection 6(5); (e) for any dechlorination system referred to in paragraph 6(7)(h), (i) a description of the system, including the manufacturer’s specifications, the year of manufacture and the model number, if any, and (ii) any results of the determination of the concentration of total residual chlorine in the effluent and a description of how that determination was made; (f) for each sample referred to in section 11 whose acute lethality was determined in accordance with section 15 , the information referred to in section 8 of Reference Method EPS 1/RM/13 and, if the acute lethality of the effluent was determined in accordance with that method used with the Procedure for pH Stabilization EPS 1/RM/50, section 3 of that procedure; (g) if the owner or operator holds of a temporary authorization issued under subsection 36 (1), (i) for each sample referred to in paragraph (d), (A) the result of the determination referred to in paragraph 38 (b), (B) the results of the determination of the concentration of total ammonia in the effluent and of the pH of the effluent referred to in subsections 14 (2) and (3), respectively, that were used to make the determination referred to in clause (A), (C) a statement as to whether the sample is a grab sample or a composite sample and the date on which the sample was taken, and (ii) the result of the determination referred to in paragraph 38 (c) for each August and a description of how that determination was made. SOR/2024-97, s. 12
Wastewater Systems Effluent Regulations — 18
 or longitude is equidistant between two ten-thousandths of a degree, to the higher of them. Electronic report (4) The identification report must be sent electronically, within 45 days after the day on which the wastewater system is put into service, in the form and format specified by the Minister of the Environment and must bear the electronic signature of the owner or operator or their authorized representative. Paper report (5) If the Minister of the Environment has not specified an electronic form and format or if it is not feasible to send the report electronically in accordance with subsection (4) because of circumstances beyond the control of the owner or operator, the report must be sent on paper, signed by the owner or operator, or their authorized representative, and in the form and format specified by the Minister of the Environment, if applicable. Change of information (6) If the information provided in the identification report changes, the owner or operator or authorized representative must update the identification report no later than 45 days after the day on which the change is made. Decommissioning (7) An owner or operator of a wastewater system must, at least 45 days before the planned decommissioning of the wastewater system, send a notice to the authorization officer setting out the planned date of the decommissioning and information specifying the place, including the civic address, if any, of that place, where the identification report is to be kept. SOR/2024-97, s. 13
Wastewater Systems Effluent Regulations — 19.1
Notice 19.1 The owner or operator of a wastewater system must notify an inspector, fishery officer, or authority prescribed by any regulations made under the Act without delay if a test carried out on a sample of effluent indicates that (a) the concentration of total residual chlorine in the effluent exceeds the maximum concentration set out in paragraph 6(7)(h); (b) the concentration of un-ionized ammonia in the effluent, as determined in accordance with section 14, exceeds the limit set out in subsection 6(1); or (c) the effluent is acutely lethal, as determined in accordance with section 15. SOR/2024-97, s. 16
Wastewater Systems Effluent Regulations — 20
Information 20 The owner or operator of a wastewater system that includes at least one combined sewer overflow point must, in accordance with subsections 19 (4) and (5), send to the authorization officer a combined sewer overflow report in respect of each calendar year by February 15 of the following calendar year and the report must contain the following information: (a) for each month of the calendar year during which effluent was deposited via a combined sewer overflow point, the information referred to in subparagraphs 17 (b)(iii) and (iv); and (b) for each month of the calendar year during which effluent was not deposited via a combined sewer overflow point, a statement indicating that no effluent was deposited via an overflow point during the month.
Wastewater Systems Effluent Regulations — 21
When records made 21 Records must be made without delay after the information to be recorded becomes available.
Wastewater Systems Effluent Regulations — 22
Retention of records 22 (1) An owner or operator of a wastewater system must keep a report referred to in section 17 , as well as a record and a copy of a report required to be sent under these Regulations — along with any supporting documents — for at least five years after the day on which the record or report, as the case may be, was made. Place of retention (2) The report referred to in section 17 , the record and the copy must be kept at the wastewater system or at any other place in Canada where it can be inspected. If that report, record or copy is kept at one of those other places, the owner or operator must provide the authorization officer with information specifying that other place, including its civic address, if any. Information on monitoring equipment and identification report (3) Despite subsection (1), the information referred to in paragraph 17 (c) must be kept for at least five years after the day on which the monitoring equipment ceased to be used, and the identification report, as it may be updated from time to time, referred to in section 18 must be kept for at least five years after the wastewater system is decommissioned.
Wastewater Systems Effluent Regulations — 23
Paragraph 36(4)(b) of the Act 23 (1) For the purposes of paragraph 36(4)(b) of the Act, an owner or operator of a wastewater system may deposit or permit the deposit of effluent that contains any of the deleterious substances prescribed in section 5 of these Regulations via one or more final discharge points or overflow points in any water or place referred to in subsection 36(3) of the Act, if the deposit is made in accordance with an authorization issued under this Part. Definition of deposit (2) For the purposes of sections 24 to 49 , deposit , in relation to effluent, includes to permit the deposit of the effluent. SOR/2024-97, s. 17
Wastewater Systems Effluent Regulations — 24
Transitional authorization — eligibility 24 (1) The owner or operator of a wastewater system may apply to an authorization officer for a transitional authorization to deposit, via a final discharge point, effluent that contains any of the deleterious substances prescribed in section 5, if the respective averages of the substances prescribed in paragraphs 5(a) and (b), determined in accordance with subsection (1.1), exceed 25 mg/L. Transitional authorization – average concentrations (1.1) The owner or operator of a wastewater system must determine the averages referred to in subsection (1) by averaging, for each substance, the concentrations reported under subparagraphs 19(1)(b)(iv) and (v) (a) if the applicable reporting period under subsection 19(2) is a calendar year, (i) in the first completed monitoring report sent in accordance with subsection 19(1) and in which a deposit is reported; or (ii) in the second monitoring report in which a deposit is reported, if completed and sent consecutively to the first report; (b) if the applicable reporting period under subsection 19(2) is a quarter, in four consecutive monitoring reports of the first four to eight completed and consecutive monitoring reports sent in accordance with subsection 19(1). Transitional authorization issued in 2014 (1.2) An owner or operator of a wastewater system to whom a transitional authorization was issued in 2014 under section 26, as it read before the day on which this subsection comes into force, is not permitted to reapply for a transitional authorization. Transitional authorization issued in 2014 – requirements (1.3) Sections 24 to 26, 28 and 30, as they read before the day on which this subsection comes into force, continue to apply with respect to any authorization referred to in subsection (1.2). Duration of authorization — point system in Schedules 2 and 3 (2) The duration, set out in subsection 26 (2), of a transitional authorization is based on the system for the allocation of points related to the final discharge point set out in the table to Schedule 2 and, if applicable, related to the system’s combined sewer overflow points set out in Schedule 3. SOR/2024-97, s. 18
Wastewater Systems Effluent Regulations — 28
Authorized deposits — transitional authorization 28 (1) A holder of a transitional authorization in respect of a wastewater system is authorized — during a given calendar year, quarter or month, determined in accordance with subsection 6 (2), in the period of authorization — to deposit effluent that contains any of the deleterious substances prescribed in section 5 via the final discharge point if — during the previous calendar year, previous quarter or previous month — the effluent met the following conditions: (a) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent referred to in paragraph 6 (1)(a), determined in accordance with subsections 6 (2) and (3), did not exceed (i) 1.25 times the average determined for the carbonaceous biochemical oxygen demand due to the quantity of CBOD matter referred to in paragraph 25(1)(k), if the product of that multiplication is greater than 25 mg/L, and (ii) 25 mg/L, in any other case; (b) the average concentration of suspended solids in the effluent referred to in paragraph 6 (1)(b), determined in accordance with subsections 6 (2) and (3), did not exceed (i) 1.25 times the average concentration of suspended solids referred to in paragraph 25(1)(k), if the product of that multiplication is greater than 25 mg/L, and (ii) 25 mg/L, in any other case; (c) the average concentration of total residual chlorine in the effluent referred to in paragraph 6(1)(c) did not exceed 0.02 mg/L, if chlorine, or one of its compounds, was used in the treatment of wastewater; and (d) the maximum concentration of un-ionized ammonia in the effluent referred to in subsection 6(1) was less than (i) 1.25 times the maximum concentration referred to in paragraph 25(1)(o), if the product of that multiplication is greater than or equal to 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, and (ii) 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, in any other case. Authorized deposits — fictional consolidated wastewater system (2) A holder of a transitional authorization in respect of a fictional consolidated wastewater system referred to in section 4 is also authorized, during the given calendar year, quarter or month referred to in subsection (1), to deposit effluent that contains any of the deleterious substances prescribed in section 5 via the final discharge point of each of the original wastewater systems that constitute the fictional consolidated wastewater system if the effluent deposited via the final discharge point of each of those original wastewater systems — during the previous calendar year, previous quarter or previous month — met the conditions set out in subsection (1). SOR/2024-97, s. 22
Wastewater Systems Effluent Regulations — 29
General requirements 29 (1) A holder of a transitional authorization in respect of a wastewater system must, during the period of authorization, (a) comply with sections 7 to 10 , 12 to 14 , 16 to 22 and 48 ; and (b) implement the plan referred to in subsection 4(1) or paragraphs 25(1)(f) or (s) or, if applicable, the amended plan referred to in subsection (3) — in accordance with its schedule for implementation. Progress reports (2) The holder of a transitional authorization must, within 90 days before the following dates, send to the authorization officer a progress report on the steps taken to implement the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s), as the case may be: (a) July 1 of 2026, 2028 and 2030, if the period of authorization ends on December 31, 2030; and (b) July 1 of 2026, 2028, 2030, 2032, 2034, 2036, 2038 and 2040, if the period of authorization ends on December 31, 2040. Compliance obligations – amended plan (3) The progress report must include amendments to the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s), as the case may be, along with a schedule to implement the plan. SOR/2024-97, s. 23
Wastewater Systems Effluent Regulations — 30
Content of transitional authorization 30 A transitional authorization must be in the form set out in Schedule 4 and contain the following information: (a) the information referred to in paragraphs 25 (1)(a) and (c); (b) the latitude and longitude of the final discharge point; (c) the date of issuance; (d) the period of authorization; and (e) the following averages and maximum concentration of the deleterious substances prescribed in section 5 that are authorized to be contained in effluent that is deposited via the final discharge point during a given calendar year, quarter or month referred to in subsection 28 (1): (i) for the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter, the average referred to in, as the case may be, subparagraph 28 (1)(a)(i) or (ii), (ii) for the average concentration of suspended solids, the average referred to in, as the case may be, subparagraph 28 (1)(b)(i) or (ii), (iii) for the average concentration of total residual chlorine, the average referred to in paragraph 28 (1)(c), and (iv) for the maximum concentration of un-ionized ammonia, the maximum concentration referred to in, as the case may be, subparagraph 28 (1)(d)(i) or (ii).
Wastewater Systems Effluent Regulations — 31
Correction of information 31 (1) If the owner or operator of a wastewater system becomes aware that the information provided in their application for a transitional authorization contains errors or if the information provided in the transitional authorization is incorrect, they must, without delay, send a notice to the authorization officer that indicates the reason for the incorrect information and any corrections made, along with a corrected statement referred to in paragraph 25(1)(t). Corrected transitional 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 30 contained in the transitional authorization, the authorization officer must issue a corrected transitional authorization as if the corrections together with the remaining information originally provided in the application were an application under section 25 . Change in ownership (3) A new owner or operator of a wastewater system must, no later than 30 days after the day on which the ownership of the wastewater system is transferred, send a notice to the authorization officer that indicates the date on which the transfer occurred and any updates to the information referred to in paragraphs 25(1)(a) to (c), along with a corrected statement referred to in paragraph 25(1)(t) signed and dated by the new owner or operator or their authorized representative. Amended transitional authorization (4) On receipt of a notice referred to in subsection (3), the authorization officer must issue an amended transitional authorization with the updates to the information referred to in paragraphs 30(a) and (c). SOR/2024-97, s. 24
Wastewater Systems Effluent Regulations — 32
Revocation 32 (1) The authorization officer may revoke a transitional authorization if (a) the information referred to in subsection 25 (1) or (2), as the case may be, contained in the application or the information provided in a progress report referred to in subsection 29 (2) is false or misleading in a material respect; (b) the holder has, during the period of authorization, failed to comply with any condition set out in section 28 or any provision referred to in subsection 29 (1); (c) new information indicates that a deposit authorized under section 28 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 the effects that were anticipated when that authorization was issued; (d) the holder has not sent a progress report in accordance with subsection 29 (2); or (e) the authorization officer has reasonable grounds to believe that the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s) or subsection 29(3), as the case may be, cannot be fully implemented before the end of the period of authorization. Considerations (2) When determining whether to revoke a transitional authorization, the authorization officer must consider, as applicable, whether the holder of a transitional authorization (a) has a history of non-compliance with any condition or provision referred to in paragraph (1)(b); (b) has provided a reasonable justification for not sending a progress report in accordance with subsection 29 (2); or (c) has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with any condition or 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 transitional 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. SOR/2024-97, s. 25