Labour laws still apply
 24. For greater certainty, nothing in section 22 or 23 or any other provision of this Regulation relieves any person from any obligation to comply with any applicable labour laws or collective agreements, and no action may be taken under those sections solely as the result of the exercise of a right under such a law or agreement. O. Reg. 818/21, s. 7. Schedule 1   FACILITY CLASSIFICATION POINT SYSTEMS 1. A wastewater collection facility is classified in accordance with Table 1 of this Schedule, based on the number of points applicable to the facility under the point system described in Schedule 1.1. 2. A wastewater treatment facility is classified in accordance with Table 1 of this Schedule, based on the number of points applicable to the facility under the point system described in Schedule 1.2. 3. (1) For the purpose of section 2, the number of points applicable to a package wastewater treatment facility under the point system described in Schedule 1.2 may be reduced by the Director if he or she is satisfied that the operational needs of the package wastewater treatment facility are less than the operational needs of other wastewater treatment facilities. (2) In subsection (1), “package wastewater treatment facility” means a wastewater treatment facility where the treatment processes of the facility meet the following criteria: 1.  The facility has been manufactured as a complete unit. 2.  The facility has been preassembled and delivered in not more than four modules to the site where it is used. 3.  The facility has a design flow of 1,300 cubic metres per day or less. TABLE 1   CLASSES OF FACILITIES Item   Column 1 Class   Column 2 Number of Points 

  1.   Class I   30 or less 

  2.   Class II   31 to 55 

  3.   Class III   56 to 75 

  4.   Class IV   76 or more O. Reg. 302/17, s. 2. Schedule 1.1   WASTEWATER COLLECTION FACILITIES POINT SYSTEM 1. The number of points applicable to a wastewater collection facility is determined by applying the Tables to this Schedule: Table 1   points based on Population served Item   Column 1 Population served   Column 2 Number of Points 

  1.   0 to 5,000 people   0 

  2.   5,001 to 50,000 people   1 

  3.   50,001 to 100,000 people   2 

  4.   More than 100,000 people   3  Table 2   points based on Type of service Item   Column 1 Type of service   Column 2 Number of Points 

  1.   Facility includes combined sanitary and storm sewers, with length of combined sewers equal to 10% or less of total   2 

  2.   Facility includes combined sanitary and storm sewers, with length of combined sewage equal to more than 10% of total   4 

  3.   Facility collects industrial sewage, with volume of industrial sewage equal to 20% or less of total   2 

  4.   Facility collects industrial sewage, with volume of industrial sewage equal to more than 20% of total   4  Table 3   points based on PUMPING STATIONS Item   Column 1 Pumping Stations   Column 2 Number of Points 

  1.   Facility has pumping station   10 

  2.   Pumping station is generator supported   2 

  3.   Pumping station has overflow chamber   2 

  4.   Pumping station has grit chamber   2 

  5.   Pumping station has alarm   2 

  6.   Pumping station has odour control   2 

  7.   Pumping station staffed 24 hours per day   10  Table 4   points based on Force mains Item   Column 1 Force Mains   Column 2 Number of Points 

  1.   Facility has force mains   10 

  2.   Total length of force mains exceeds 1 kilometre   4 

  3.   Force mains have active cathodic protection   2  Table 5   points based on Age of facility materials Item   Column1 Age of Facility Materials   Column 2 Number of Points 

  1.   More than 10% of facility materials pre-date 1950   4 

  2.   More than 50% of facility materials pre-date 1970   4  Table 6   points based on by-pass chamber Item   Column 1 By-pass Chamber   Column 2 Number of Points 

  1.   Facility has by-pass chamber   10 

  2.   By-pass chamber has alarm   2 

  3.   By-pass chamber has disinfection   2  Table 7   points based on special features Item   Column 1 Special Features   Column 2 Number of Points 

  1.   Facility has flow equalization or fill and draw chambers   4 

  2.   Facility has inverted siphons   4 

  3.   Facility has access deeper than 10 metres   6 O. Reg. 302/17, s. 2. SCHEDULE 1.2   WASTEWATER TREATMENT FACILITIES POINT SYSTEM 1. The number of points applicable to a wastewater treatment facility is determined by applying the following rules and the Tables to this Schedule: 1.  For every 10,000 people served by a facility, the number of points applicable to the facility is one point, up to a maximum of 10 points. 2.  For every 4,500 cubic metres of flow at a facility, the number of points applicable to the facility is one point, up to a maximum of 10 points.  The flow at the facility is the greater of the following: i.  The average daily design flow. ii.  The average daily flow in peak month. 3.  The maximum number of points applicable to a facility with respect to effluent discharge, as determined by applying Table 2 of this Schedule, is six. 4.  The number of points applicable to a facility with respect to bacteriological and biological laboratory control by facility personnel, as determined by applying Table 9 of this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the facility. 5.  The number of points applicable to a facility with respect to chemical and physical laboratory control by facility personnel, as determined by applying Table 10 of this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the facility. Table 1   points based on Raw waste flow and toxicity Item   Column 1 Raw Waste Flow and Toxicity   Column 2 Number of Points 

  1.   Variations in flow are less than 100% of average values and raw waste is not subject to toxic waste discharges   0 

  2.   Variations in flow are 100% to 200% of average values and raw waste is not subject to toxic waste discharges   2 

  3.   Variations in flow are more than 200% of average values and raw waste is not subject to toxic waste discharges   4 

  4.   Raw waste is subject to toxic waste discharges   6  Table 2   points based on effluent discharge Item   Column 1 Effluent Discharge   Column 2 Number of Points 

  1.   Receiving water sensitivity to effluent discharge: secondary treatment is adequate   1 

  2.   Receiving water sensitivity to effluent discharge: more than secondary treatment is required, but a very high degree of treatment is not required   2 

  3.   Receiving water sensitivity to effluent discharge: very high degree of treatment is required   3 

  4.   Facility uses evaporation to dispose of all effluent   2 

  5.   Facility uses land spraying to dispose of all effluent   4  Table 3   points based on pretreatment Item   Column 1 Pretreatment   Column 2 Number of Points 

  1.   Facility uses screening or comminution   3 

  2.   Facility has grit removal   3 

  3.   Facility uses plant pumping of main flow   3 

  4.   Facility uses chemical precipitation or pH adjustment   6  Table 4   points based on primary treatment Item   Column 1 Primary Treatment   Column 2 Number of Points 

  1.   Facility uses primary clarifiers   5 

  2.   Facility uses combined sedimentation and digestion   5 

  3.   Facility uses chemical addition, other than for disinfection   4  Table 5   points based on secondary treatment Item   Column 1 Secondary Treatment   Column 2 Number of Points 

  1.   Facility uses trickling filter with secondary clarifiers   10 

  2.   Facility uses activated sludge with secondary clarifiers   15 

  3.   Facility uses stabilization pond without aeration   5 

  4.   Facility uses aerated lagoon   8  Table 6   points based on advanced waste treatment Item   Column 1 Advanced Waste Treatment   Column 2 Number of Points 

  1.   Facility uses polishing pond   2 

  2.   Facility uses advanced chemical or physical treatment without secondary treatment   15 

  3.   Facility uses advanced chemical or physical treatment with secondary treatment   10 

  4.   Facility uses advanced biological treatment   12 

  5.   Facility uses ion exchange   10 

  6.   Facility uses reverse osmosis or electrodialysis   15 

  7.   Facility uses chemical recovery or carbon regeneration   4  Table 7   points based on Solids handling Item   Column 1 Solids Handling   Column 2 Number of Points 

  1.   Facility uses thickening   5 

  2.   Facility uses anaerobic digestion   10 

  3.   Facility uses aerobic digestion   6 

  4.   Facility uses evaporative sludge drying   2 

  5.   Facility uses mechanical dewatering   8 

  6.   Facility uses incineration, gasification, pyrolysis, plasma arc treatment or another method of thermal treatment   12 

  7.   Facility uses wet oxidation   12  Table 8   points based on disinfection Item   Column 1 Disinfection   Column 2 Number of Points 

  1.   Facility uses chlorination or a comparable process   5 

  2.   Facility has on-site generation of disinfectant   5  Table 9   points based on bacteriological and biological laboratory control by facility personnel Item   Column 1 Bacteriological and Biological Laboratory Control by Facility Personnel   Column 2 Number of Points 

  1.   Lab work is done outside the facility   0 

  2.   Facility personnel do membrane filter procedures   3 

  3.   Facility personnel use fermentation tubes or other dilution methods or do fecal coliform determinations   5 

  4.   Facility personnel do biological identification   7 

  5.   Facility personnel do virus studies or similar work   10  Table 10   points based on chemical and physical laboratory control by facility personnel Item   Column 1 Chemical and Physical Laboratory Control by Facility Personnel   Column 2 Number of Points 

  1.   Lab work is done outside the facility   0 

  2.   Facility personnel use push-button or visual methods, to do simple determinations such as pH or settleable solids   3 

  3.   Facility personnel do DO, COD, BOD, volatile content or solids determinations, gas analysis, tirations, or similar tests   5 

  4.   Facility personnel do determinations for specific constituents, nutrients, total oils or phenols, or similar determination   7 

  5.   Facility personnel perform procedures using very sophisticated instrumentation, such as atomic absorption or gas chromatography   10 O. Reg. 302/17, s. 2. Schedule 2   QUALIFICATIONS FOR OPERATOR’S Licences Operators-in-Training 1. The qualifications for an operator-in-training’s licence for a type of facility are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators-in-training for that type of facility. Class I Operators 2. The qualifications for a Class I operator’s licence for a type of facility are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class I licences for that type of facility. 3.  The person must have at least one year of experience as an operator-in-training in that type of facility. Class II Operators 3. The qualifications for a Class II operator’s licence for a type of facility are: 1.  The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class II licences for that type of facility. 3.  The person must have a Class I operator’s licence or, for the reissue of a Class II operator’s licence, a Class II operator’s licence, for that type of facility. 4.  The person must have at least three years of experience as an operator in that type of facility. Class III Operators 4. (1) The qualifications for a Class III operator’s licence for a type of facility are: 1.  The person must, i.  have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent, and ii.  have successfully completed at least two years of additional education or training that, in the opinion of the Director, is relevant to the functions performed by operators of that type of facility. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class III licences for that type of facility. 3.  The person must have a Class II operator’s licence or, for the reissue of a Class III operator’s licence, a Class III operator’s licence, for that type of facility. 4.  The person must have at least four years of experience as an operator in that type of facility, including at least two years as an operator-in-charge in a Class II, Class III or Class IV facility. (2) For the purpose of meeting the education or training qualifications in subparagraph 1 ii of subsection (1), up to one year of experience as an operator-in-charge in a Class II, Class III or Class IV facility may be substituted for the equivalent length of education. (3) Experience as an operator-in-charge used for the purpose of clause (2) (a) shall not be used to meet the experience qualification in paragraph 4 of subsection (1). Class IV Operators 5. (1) The qualifications for a Class IV operator’s licence for a type of facility are: 1.  The person must, i.  have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent, and ii.  have successfully completed at least four years of additional education or training that, in the opinion of the Director, is relevant to the functions performed by operators of that type of facility. 2.  The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class IV licences for that type of facility. 3.  The person must have a Class III operator’s licence or, for the reissue of a Class IV operator’s licence, a Class IV operator’s licence, for that type of facility. 4.  The person must have at least four years of experience as an operator in that type of facility, including at least two years as an operator-in-charge in a Class III or Class IV facility. (2) For the purpose of meeting the education or training qualifications in subparagraph 1 ii of subsection (1), up to two years of experience as an operator-in-charge in a Class III or Class IV facility may be substituted for the equivalent length of education. (3) Experience as an operator-in-charge used for the purpose of subsection (2) shall not be used to meet the experience qualification in paragraph 4 of subsection (1). Special Rules — Professional Engineers 6. The experience qualifications under this Schedule for a class of licence and type of facility do not apply to a professional engineer if the professional engineer obtains a mark that the Director considers above average in an examination approved by the Director relating to the functions performed by operators with that class of licence for that type of facility. Special Rules — Education And Training 7. The following rules apply for the purpose of determining whether a person meets the education and training qualifications established by this Schedule: 1.  If an applicant for a licence has not successfully completed Grade 12 in Ontario, the applicant may use his or her experience as an operator to meet that education qualification, on the basis that each year of experience as an operator is equivalent to two years of elementary education or one year of secondary education, but years of experience as an operator used for this purpose shall not be used to meet the experience qualifications established by this Schedule. 2.  The length of education or training obtained through training sessions approved by the Director shall be determined on the basis that 450 hours of participation in such training sessions is equivalent to one year of education or training. Special Rules — Experience 8. (1) The following rules apply for the purpose of determining whether a person meets the experience qualifications established by this Schedule for a Class II, Class III or Class IV licence: 1.  An applicant for a licence may substitute education or training that meets the requirements of the education and training qualifications established by this Schedule, other than elementary or secondary education, for up to half of the experience as an operator required by this Schedule, but education or training used for this purpose shall not be used to meet the education and training qualifications established by this Schedule. 2.  The Director may permit an applicant for a licence to substitute experience as an operator in a different type of facility or experience in a facility other than as an operator for the experience required by this Schedule, if the Director is of the opinion that the experience or qualifications are relevant to the class of licence being applied for. (2) Experience as an operator-in-charge while holding an operator-in-training’s licence shall not be considered for the purpose of determining whether a person meets the qualification of at least two years of experience as an operator-in-charge established by this Schedule for a Class III or Class IV licence. Supplemental Rules — Examinations 9. Where this Schedule provides that obtaining a mark that the Director considers satisfactory in an examination approved by the Director is a qualification for a class of licence, the Director may approve different examinations for different categories of applicants for that class of licence. O. Reg. 129/04, Sched. 2.