jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. (1) In this Regulation, “assessment parameter”, in relation to a plant, means a parameter that is listed for the plant in Schedule 5; “cooling water effluent monitoring stream” means a stream on which a sampling point is established under subsection 8 (3); “cooling water effluent sampling point” means a sampling point established under subsection 8 (3); “Director”, in relation to obligations of a discharger, means a Director appointed under section 5 of the Act and responsible for the region in which the discharger’s plant is located and includes an alternate named by the Director; “discharger” means an owner or person in occupation or having the charge, management or control of a plant to which this Regulation applies; “limited parameter”, in relation to a plant, means a parameter for which a limit is specified in Column 3 or 4 of the table for the plant in Schedule 2; “merged effluent monitoring stream” means a stream on which a sampling point is established under subsection 8 (2); “merged effluent sampling point” means a sampling point established under subsection 8 (2); “merged parameter”, in relation to a plant, means a parameter that is listed for the plant in Schedule 4; “pick up”, in relation to a sample, means pick up for the purpose of storage, including storage within an automatic sampling device, and transportation to and analysis at a laboratory; “plant” means an industrial facility and the developed property, waste disposal sites and wastewater treatment facilities associated with it; “process change” means a change in equipment, production processes, process materials or treatment processes; “process effluent monitoring stream” means a stream on which a sampling point is established under subsection 8 (1); “process effluent sampling point” means a sampling point established under subsection 8 (1); “process materials”, in relation to a discharger’s plant, means raw materials for use in an industrial process at the plant, manufacturing intermediates produced at the plant, or products or by-products of an industrial process at the plant, but does not include chemicals added to cooling water for the purpose of controlling organisms, fouling and corrosion; “quarter” means all or part of a period of three consecutive months beginning on the first day of January, April, July or October; “semi-annual period” means all or part of a period of six months beginning on the first day of January or July. O. Reg. 308/17, s. 1. (2) For greater certainty, this Regulation applies both to effluent streams that discharge continuously and to effluent streams that discharge intermittently. (3) An obligation on a discharger to do a thing under this Regulation is discharged if another person has done it on the discharger’s behalf.  O. Reg. 214/95, s. 1. Purpose
2. The purpose of this Regulation is to monitor and control the quality of effluent discharged from the plants listed in Schedule 1.  O. Reg. 214/95, s. 2. Application
3. (1) This Regulation applies only with respect to the plants listed in Schedule 1. (2) This Regulation does not apply with respect to the discharge of effluent to a municipal sanitary sewer.  O. Reg. 214/95, s. 3. Obligations under Approvals, Orders, etc.
4. For greater certainty, subject to subsection 186 (4) of the Act, the requirements of this Regulation are in addition to and independent of requirements in an approval, order, direction or other instrument issued under any Act.  O. Reg. 214/95, s. 4. Non-application of the General Effluent Monitoring Regulation
5. This Regulation is not a Sectoral Effluent Monitoring Regulation within the meaning of Ontario Regulation 695/88.  O. Reg. 214/95, s. 5. By-passes
6. Beginning on April 13, 1998, a discharger shall not permit effluent that would ordinarily flow past a sampling point established under this Regulation to be discharged from the discharger’s plant without flowing past that sampling point, regardless of whether it would be convenient to do so because of a maintenance operation, a breakdown in equipment or any scheduled or unscheduled event.  O. Reg. 214/95, s. 6. Sampling and Analytical Procedures
7. (1) Each discharger shall carry out the establishment of sampling point obligations of this Regulation and the sampling and analysis obligations of this Regulation, including quality control sampling and analysis obligations, in accordance with the procedures described in the Ministry of the Environment publication entitled “Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater”, as amended from time to time.  O. Reg. 239/07, s. 1. (2) Each discharger shall maintain the sampling equipment used at the discharger’s plant for sampling required by this Regulation in a way that ensures that the samples collected at the plant under this Regulation accurately reflect the level of discharge of each limited parameter, merged parameter and assessment parameter from the plant.  O. Reg. 214/95, s. 7 (2). PART II   SAMPLING POINTS Establishment and Elimination of Sampling Points
8. (1) Each discharger shall, by July 12, 1995, establish a sampling point at each sampling point location designated as a process effluent sampling point in Schedule 2 for the discharger’s plant. (2) Each discharger shall, by July 12, 1995, establish a sampling point at each sampling point location designated as a merged effluent sampling point in Schedule 4 for the discharger’s plant. (3) Each discharger shall, by July 12, 1995, establish a sampling point at each sampling point location designated as a cooling water effluent sampling point in Schedule 5 for the discharger’s plant. (4) If the Director is satisfied, on the basis of written submissions from a discharger, that one or more of the circumstances described in subsection (5) exist at the discharger’s plant, with the result that it is impractical to maintain or use a sampling point established at the plant under this Regulation, the Director may give the discharger written permission to eliminate the sampling point. (5) For the purposes of subsection (4), the circumstances at the discharger’s plant that might make it impractical to maintain or use a sampling point are the following: 1. A process change or redirection of or change in the character of an effluent stream has occurred or is expected to occur at the discharger’s plant. 2. Equipment used for sampling or flow measurement at the sampling point is damaged or non-functional. 3. The effluent flowing in the stream on which the sampling point was established under this Regulation has been or is expected to be permanently eliminated. (6) Where a discharger is permitted to eliminate a sampling point because of a circumstance described in paragraph 1 or 2 of subsection (5), the discharger shall, within 90 days after the day on which the sampling point is eliminated, establish a replacement sampling point. (7) The replacement sampling point shall be established on the effluent stream from which the sampling point was eliminated, at a location approved in writing by the Director. (8) The Director shall not approve a location for the replacement sampling point unless he or she is satisfied that monitoring at the new location would yield results that would reflect the level of discharge of each limited parameter, merged parameter and assessment parameter from the discharger’s plant as reliably as did monitoring at the eliminated sampling point. (9) A discharger who replaces a sampling point under subsection (6) has all the same obligations in connection with the replacement sampling point that the discharger had in connection with the eliminated sampling point.  O. Reg. 214/95, s. 8. Reports on Sampling Points
9. (1) By July 24, 1995, each discharger shall submit to the Director a list and plot plan showing the sampling points established under this Regulation at the discharger’s plant as of July 12, 1995. (2) Each discharger who eliminates a sampling point at the discharger’s plant under subsection 8 (4) but is not required to replace the sampling point under subsection 8 (6) shall, within 30 days after the day on which a sampling point is eliminated, give the Director a written notice describing where the sampling point used to be, together with a revised list and plot plan without the sampling point. (3) Within 30 days after replacing a sampling point under subsection 8 (6), the discharger shall give the Director a written notice describing the location of the replacement sampling point, together with a revised list and plot plan showing the replacement sampling point.  O. Reg. 214/95, s. 9. Use of Sampling Points Established under this Part
10. Except as permitted or required under section 24, each discharger shall use the sampling points established under this Part for all sampling required by this Regulation.  O. Reg. 214/95, s. 10. PART III   CALCULATION OF LOADINGS AND CONCENTRATIONS Calculation of Loadings — General
11. (1) For the purposes of performing a calculation under sections 12, 13 and 14, a discharger shall use the actual analytical result obtained by the laboratory.  O. Reg. 214/95, s. 11 (1). (2) Despite subsection (1), where the actual analytical result is less than one-tenth of the analytical method detection limit set out in the Ministry of the Environment publication entitled “Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater”, as amended from time to time, the discharger shall use the value zero for the purpose of performing a calculation under sections 12, 13 and 14.  O. Reg. 239/07, s. 2. (3) Each discharger shall ensure that each calculation of a process effluent loading required by section 12 and each calculation of a merged effluent loading required by section 13 is performed as soon as reasonably possible after the analytical result on which the calculation is based becomes available to the discharger.  O. Reg. 214/95, s. 11 (3). (4) Each discharger shall ensure that each calculation of a cooling water effluent loading required by section 14 is performed in time to comply with subsection 40 (4).  O. Reg. 214/95, s. 11 (4). Calculation of Loadings — Process Effluent
12. (1) Each discharger shall calculate, in kilograms, a daily process effluent stream loading for each limited parameter in each process effluent monitoring stream of the discharger for each day on which a sample is collected under this Regulation from the stream for analysis for the parameter. (2) When calculating a daily stream loading under subsection (1), the discharger shall multiply, with the necessary adjustment of units to yield a result in kilograms, the analytical result obtained from the sample for the parameter by the daily volume of effluent, as determined under section 33, for the stream for the day. (3) Each discharger shall calculate, in kilograms, a daily process effluent plant loading for each limited parameter for each day for which the discharger is required to calculate a daily process effluent stream loading for the parameter under subsection (1). (4) For the purposes of subsection (3), a daily process effluent plant loading for a parameter for a day is the sum, in kilograms, of the daily process effluent stream loadings for the parameter calculated under subsection (1) for the day. (5) Where a discharger calculates only one daily process effluent stream loading for a parameter for a day under subsection (1), the daily process effluent plant loading for the parameter for the day for the purposes of subsection (3) is the single daily process effluent stream loading for the parameter for the day. (6) Each discharger shall calculate, in kilograms, a monthly average process effluent stream loading for each limited parameter for each month in which a sample is collected under this Regulation more than once from a process effluent monitoring stream at the discharger’s plant for analysis for the parameter. (7) For the purposes of subsection (6), a monthly average process effluent stream loading for a parameter for a month is the arithmetic mean of the daily process effluent stream loadings for the parameter calculated under subsection (1) for the month. (8) Each discharger shall calculate, in kilograms, a monthly average process effluent plant loading for each limited parameter for each month in which a sample is collected under this Regulation more than once from a process effluent monitoring stream at the discharger’s plant for analysis for the parameter. (9) For the purposes of subsection (8), a monthly average process effluent plant loading for a parameter for a month is the arithmetic mean of the daily process effluent plant loadings for the parameter calculated under subsection (3) for the month.  O. Reg. 214/95, s. 12. Calculation of Loadings — Merged Effluent
13. (1) Each discharger shall calculate, in kilograms, a daily merged effluent stream loading for each merged parameter in each merged effluent monitoring stream of the discharger for each day on which a sample is collected under this Regulation from the stream for analysis for the parameter. (2) When calculating a daily stream loading under subsection (1), the discharger shall multiply, with the necessary adjustment of units to yield a result in kilograms, the analytical result obtained from the sample for the parameter by the daily volume of effluent, as determined under section 33, for the stream for the day. (3) Each discharger shall calculate, in kilograms, a daily merged effluent plant loading for each merged parameter for each day for which the discharger is required to calculate a merged effluent stream loading for the parameter under subsection (1). (4) For the purposes of subsection (3), a daily merged effluent plant loading for a parameter for a day is the sum, in kilograms, of the daily merged effluent stream loadings for the parameter calculated under subsection (1) for the day. (5) Where a discharger calculates only one daily merged effluent stream loading for a parameter for a day under subsection (1), the daily merged effluent plant loading for the parameter for the day for the purposes of subsection (3) is the single daily merged effluent stream loading for the parameter for the day. (6) Each discharger shall calculate, in kilograms, a monthly average merged effluent stream loading for each merged parameter for each month in which a sample is collected under this Regulation more than once from a merged effluent monitoring stream at the discharger’s plant for analysis for the parameter. (7) For the purposes of subsection (6), a monthly average merged effluent stream loading for a parameter for a month is the arithmetic mean of the daily merged effluent stream loadings for the parameter calculated under subsection (1) for the month. (8) Each discharger shall calculate, in kilograms, a monthly average merged effluent plant loading for each merged parameter for each month in which a sample is collected under this Regulation more than once from a merged effluent monitoring stream at the discharger’s plant for analysis for the parameter. (9) For the purposes of subsection (8), a monthly average merged effluent plant loading for a parameter for a month is the arithmetic mean of the daily merged effluent plant loadings for the parameter calculated under subsection (3) for the month.  O. Reg. 214/95, s. 13. Calculation of Loadings — Cooling Water
14. (1) Each discharger shall calculate, in kilograms, a daily cooling water effluent stream loading for each assessment parameter in each cooling water effluent monitoring stream of the discharger for each day on which a sample is collected under this Regulation from the stream for analysis for the parameter. (2) When calculating a daily stream loading under subsection (1), the discharger shall multiply, with the necessary adjustment of units to yield a result in kilograms, the analytical result obtained from the sample for the parameter by the daily volume of effluent, as determined under section 33, for the stream for the day. (3) Each discharger shall calculate, in kilograms, a daily cooling water effluent plant loading for each assessment parameter for each day for which the discharger is required to calculate a daily cooling water effluent stream loading for the parameter under subsection (1). (4) For the purposes of subsection (3), a daily cooling water effluent plant loading for a parameter for a day is the sum, in kilograms, of the daily cooling water effluent stream loadings for the parameter calculated under subsection (1) for the day. (5) Where a discharger calculates only one daily cooling water effluent stream loading for a parameter for a day under subsection (1), the daily cooling water effluent plant loading for the parameter for the day for the purposes of subsection (3) is the single daily cooling water effluent stream loading for the parameter for the day. (6) Each discharger shall calculate, in kilograms, a monthly average cooling water effluent stream loading for each assessment parameter for each month in which a sample is collected under this Regulation more than once from a cooling water effluent monitoring stream at the discharger’s plant for analysis for the parameter. (7) For the purposes of subsection (6), a monthly average cooling water effluent stream loading for a parameter for a month is the arithmetic mean of the daily cooling water effluent stream loadings for the parameter calculated under subsection (1) for the month. (8) Each discharger shall calculate, in kilograms, a monthly average cooling water effluent plant loading for each assessment parameter for each month in which a sample is collected under this Regulation more than once from a cooling water effluent monitoring stream at the discharger’s plant for analysis for the parameter. (9) For the purposes of subsection (8), a monthly average cooling water effluent plant loading for a parameter for a month is the arithmetic mean of the daily cooling water effluent plant loadings for the parameter calculated under subsection (3) for the month.  O. Reg. 214/95, s. 14. Calculation of Concentrations — Process Effluent — Oil and Grease
15. (1) Each discharger shall calculate, in milligrams per litre, a monthly average concentration for the parameter oil and grease in each process effluent monitoring stream of the discharger for each month. (2) For the purposes of subsection (1), a monthly average concentration for the parameter for a month is the arithmetic mean of the analytical results obtained for the parameter from the samples collected under section 20 from the stream for the month.  O. Reg. 214/95, s. 15. PART IV   PARAMETER AND LETHALITY LIMITS Parameter Limits
16. (1) Each discharger shall ensure that each daily process effluent plant loading calculated for a parameter under section 12 in connection with the discharger’s plant does not exceed the daily plant loading limit specified for the parameter and the plant in Column 3 of the table for the plant in Schedule 2. O. Reg. 308/17, s. 2 (1). (2) Each discharger shall ensure that each monthly average process effluent plant loading calculated for a parameter under section 12 in connection with the discharger’s plant does not exceed the monthly average plant loading limit specified for the parameter and the plant in Column 4 of the table for the plant in Schedule 2. O. Reg. 308/17, s. 2 (2). (3) Each discharger shall ensure that each monthly average concentration calculated for the parameter oil and grease under section 15 in connection with the discharger’s plant does not exceed 15 milligrams per litre. (4) Subject to subsection (5), each discharger shall control the quality of each process effluent monitoring stream at the discharger’s plant to ensure that the pH value of any sample collected at a process effluent sampling point at the plant is within the range of 6.0 to 9.5. (5) Throughout any day on which a discharger has used an alternate sampling point on a process effluent monitoring stream for sampling required by section 24, as permitted by subsections 24 (7) and (8), the discharger, (a) shall control the quality of the stream to ensure that the pH value of any sample collected at the alternate sampling point on the stream is within the range of 6.0 to 9.5; and (b) need not comply with subsection (4) with respect to the stream.  O. Reg. 214/95, s. 16. Lethality Limits
17. Each discharger shall control the quality of each stream at the discharger’s plant for which a sampling point is listed in Schedule 6, to ensure that each rainbow trout acute lethality test and each Daphnia magna acute lethality test performed on any grab sample collected at a sampling point listed in Schedule 6 for the plant, results in mortality for no more than 50 per cent of the test organisms in 100 per cent effluent.  O. Reg. 214/95, s. 17. PART V   MONITORING Monitoring — General
18. (1) Where a discharger is required by this Regulation to pick up a set of samples and analyze it for certain parameters, the discharger shall pick up a set of samples sufficient to allow all the analyses to be performed. (2) A discharger shall use all reasonable efforts to ensure that all analyses required by this Regulation are completed as soon as reasonably possible and that the results of those analyses are made available to the discharger as soon as reasonably possible. (3) Subject to subsection (4), each discharger shall pick up all sets of samples required to be picked up at the discharger’s plant under sections 19, 20, 21, 22, 31 and 32 between the hours of 7 a.m. and 10 a.m. (4) If the Director is satisfied, on the basis of written submissions from a discharger, that the circumstances at the discharger’s plant are such that it would be impractical to pick up a set of samples from each sampling point established at the plant under this Regulation within the time period specified in subsection (3), the Director may give the discharger a written notice in respect of the plant, varying the time period specified in subsection (3). (5) Subject to subsections (6) and (7), where a discharger is required by section 19, 20, 21, 22, 31 or 32 to pick up a set of samples the discharger shall pick up a set collected over the 24-hour period immediately preceding the pick up. (6) The 24-hour period referred to in subsection (5) may be shortened or enlarged by up to three hours to permit a discharger to take advantage of the three-hour range specified in subsection (3) or of a different three-hour period specified in a notice under subsection (4). (7) Where a notice has been given under subsection (4) in respect of a plant specifying a time period longer than three hours, the 24-hour period referred to in subsection (5) may be shortened or enlarged by up to that longer amount of time to permit the discharger to take advantage of the time period specified in the notice. (8) If the circumstances at a plant change so that the Director is satisfied that the circumstances described in subsection (4) no longer apply at the plant, the Director may revoke a notice given in respect of a plant under subsection (4) by giving a notice of revocation in writing to a discharger for the plant.  O. Reg. 214/95, s. 18. Monitoring — Process Effluent — Daily
19. (1) Each discharger shall, on each day, pick up a set of samples collected at each process effluent sampling point at the discharger’s plant and shall, subject to subsection (2), analyze each set of samples for the parameters for which the frequency of monitoring, as set out in Column 2 of the table for the discharger’s plant in Schedule 2, is daily. O. Reg. 308/17, s. 3 (1). (2) A discharger for a plant referred to in Schedule 3 need not analyze any set of samples collected at a process effluent sampling point for any parameter not marked with an “X” in the column for that sampling point in the table for the plant in Schedule 3. O. Reg. 308/17, s. 3 (2). (3) A discharger need not meet the requirements of subsection (1) where it is impossible to do so because of sampling by a provincial officer.  O. Reg. 214/95, s. 19. Monitoring — Process Effluent — Weekly
20. (1) Each discharger shall, on one day in each week, pick up a set of samples collected at each process effluent sampling point at the discharger’s plant and shall, subject to subsection (2), analyze each set of samples for the parameters for which the frequency of monitoring, as set out in Column 2 of the table for the discharger’s plant in Schedule 2, is weekly. O. Reg. 308/17, s. 4 (1). (2) A discharger for a plant referred to in Schedule 3 need not analyze any set of samples collected at a process effluent sampling point for any parameter not marked with an “X” in the column for that sampling point in the table for the plant in Schedule 3. O. Reg. 308/17, s. 4 (2). (3) There shall be an interval of at least four days between successive pick up days at the plant under subsection (1). (4) All samples picked up under subsection (1) in a week shall be picked up on the same day in the week.  O. Reg. 214/95, s. 20. Monitoring — Merged Effluent — Weekly
21. (1) Each discharger shall, on one day in each week, pick up a set of samples collected at each merged effluent sampling point at the plant and shall analyze each set of samples for the parameters for which the frequency of monitoring as set out in Column 2 of the table for the discharger’s plant in Schedule 4 is weekly. O. Reg. 308/17, s. 5. (2) All samples collected and picked up at a plant under subsection (1) shall be collected and picked up on a day on which samples are picked up at the plant under subsection 20 (1).  O. Reg. 214/95, s. 21. Monitoring — Merged Effluent — Quarterly
22. (1) Each discharger shall, on one day in each quarter, on the day on which samples are picked up at the plant under subsection 20 (1), pick up a set of samples collected at each merged effluent sampling point at the discharger’s plant and shall, subject to subsection (2), analyze each set of samples for the parameters for which the frequency of monitoring, as set out in Column 2 of the table for the discharger’s plant in Schedule 4, is quarterly. O. Reg. 308/17, s. 6. (2) There shall be an interval of at least 45 days between successive pick up days at the plant under subsection (1). (3) All samples picked up under subsection (1) in a quarter shall be picked up on the same day in the quarter.  O. Reg. 214/95, s. 22. Monitoring — Process Effluent — Quality Control
23. (1) On one day in each year after 1995, on a day on which samples are picked up at the plant under subsection 20 (1), each discharger shall collect and pick up a duplicate sample for each sample picked up on that day under subsection 20 (1) at one process effluent sampling point at the discharger’s plant and shall analyze each duplicate sample for the parameters for which the frequency of monitoring, as set out in Column 2 of the table for the discharger’s plant in Schedule 2, is weekly.  O. Reg. 214/95, s. 23 (1); O. Reg. 308/17, s. 7. (2) Each discharger shall prepare a travelling blank and a travelling spiked blank sample for each sample for which a duplicate sample is picked up at the plant under subsection (1) and shall analyze the travelling blank and travelling spiked blank samples in accordance with the directions set out in the Ministry of the Environment publication entitled “Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater”, as amended from time to time.  O. Reg. 239/07, s. 3. (3) There shall be an interval of at least six months between successive pick up days at the plant under subsection (1).  O. Reg. 214/95, s. 23 (3). Monitoring — Process Effluent — pH Measurement
24. (1) Each discharger shall, on each day, during the time period applicable to the plant under subsection 18 (3) or (4), collect a grab sample from each process effluent sampling point at the discharger’s plant and shall analyze each sample for the parameter pH. (2) Each discharger shall, within each 24-hour period beginning with the collection of the first grab sample at the plant under subsection (1) on each day, collect two more grab samples from each process effluent sampling point at the discharger’s plant and shall analyze each sample for the parameter pH. (3) There shall be an interval of at least four hours between each of the three collections at a sampling point under subsections (1) and (2) in each 24-hour period. (4) Each grab sample collected under subsections (1) and (2) shall be picked up within 24 hours of when it was collected. (5) Instead of complying with subsections (1) to (4) with respect to a sampling point, a discharger may use an on-line analyzer at the sampling point on the stream and analyze the effluent at the sampling point for the parameter pH once in each day during the time period applicable to the plant under subsection 18 (3) or (4), and two more times in each 24-hour period beginning with the first analysis at the plant under this subsection in each day. (6) There shall be an interval of at least four hours between each of the three analyses at a sampling point under subsection (5) in each 24-hour period. (7) For the purposes of subsections (1) to (6), a discharger shall use either the sampling point established under subsection 8 (1) on the stream or an alternate sampling point located downstream of the sampling point but before the point of discharge of the stream to surface water or to an industrial sewer used in common with another plant. (8) Before using an alternate sampling point under subsection (7), a discharger shall give the Director, (a) a written notice that, (i) sets out the name of the alternate sampling point, (ii) describes its location, and (iii) assigns a number to it; and (b) a revised version of the list and plot plan submitted under section 9 showing the alternate sampling point.  O. Reg. 214/95, s. 24. Monitoring — Acute Lethality Testing — Rainbow Trout
26. (1) Where a discharger is required by this section to perform a Daphnia magna acute lethality test, the discharger shall perform the test according to the procedures described in the Environment Canada publication entitled “Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Daphnia magna”, as amended from time to time.  O. Reg. 239/07, s. 5. (2) Subsections 25 (2) to (18) apply with necessary modifications to Daphnia magna
acute lethality tests and, for the purpose, a reference to rainbow trout shall be deemed to be a reference to Daphnia magna.  O. Reg. 214/95, s. 26 (2). (3) Each discharger shall pick up each set of samples required to be collected from a sampling point at the discharger’s plant under this section on a day on which the discharger collects a sample from the sampling point under section 25, to the extent possible having regard to the frequency of monitoring required at the sampling point under this section and section 25.  O. Reg. 214/95, s. 26 (3). Monitoring — Acute Lethality Testing — Rainbow Trout — Sampling Points Listed in Schedule 7
27. (1) Beginning on April 13, 1998, on one day in each month, on a day on which samples are picked up at the plant under section 20, each discharger shall collect and immediately pick up a grab sample at each sampling point that is listed in Schedule 7 for the discharger’s plant and shall perform a rainbow trout acute lethality test on each sample. (2) Subsections 25 (1) and (2) apply with necessary modifications to each sample picked up at the discharger’s plant under subsection (1). (3) There shall be an interval of at least 15 days between successive pick up days at the plant under subsection (1). (4) All samples picked up under subsection (1) in a month shall be picked up on the same day in the month. (5) Where a discharger has performed tests under subsection (1) for 12 consecutive months on samples collected from the same sampling point, the discharger is relieved of the obligations under subsection (1) relating to the sampling point and shall instead collect and immediately pick up a grab sample at the sampling point on one day in each quarter and perform a rainbow trout acute lethality test on each sample. (6) Samples picked up at a plant under subsection (5) shall be picked up on a day on which samples are picked up at the plant under subsection (1). (7) If no samples are being picked up at a plant under subsection (1) during a quarter, samples picked up at the plant during the quarter under subsection (5) shall be picked up on a day on which samples are picked up at the plant under section 20. (8) There shall be an interval of at least 45 days between successive pick up days at the plant under subsection (5). (9) All samples picked up under subsection (5) in a quarter shall be picked up on the same day in the quarter.  O. Reg. 214/95, s. 27. Monitoring — Acute Lethality — Daphnia magna Sampling Points Listed in Schedule 7
28. (1) Where a discharger is required by this section to perform a Daphnia magna acute lethality test, the discharger shall perform the test according to the procedures described in the Environment Canada publication entitled “Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Daphnia magna”, as amended from time to time.  O. Reg. 239/07, s. 6. (2) Each Daphnia magna acute lethality test required by this section shall be carried out as a single concentration test using 100 per cent effluent.  O. Reg. 214/95, s. 28 (2). (3) Beginning on April 13, 1998, on one day in each month, on a day on which samples are picked up at the plant under section 20, each discharger shall collect and immediately pick up a grab sample at each sampling point that is listed in Schedule 7 for the discharger’s plant and shall perform a Daphnia magna
acute lethality test on each sample.  O. Reg. 214/95, s. 28 (3). (4) There shall be an interval of at least 15 days between successive pick up days at the plant under subsection (3).  O. Reg. 214/95, s. 28 (4). (5) All samples picked up under subsection (3) in a month shall be picked up on the same day in the month.  O. Reg. 214/95, s. 28 (5). (6) Where a discharger has performed tests under subsection (3) for 12 consecutive months on samples collected from the same sampling point, the discharger is relieved of the obligations under subsection (3) relating to the sampling point and shall instead collect and immediately pick up a grab sample at the sampling point on one day in each quarter and perform a Daphnia magna
acute lethality test on each sample.  O. Reg. 214/95, s. 28 (6). (7) Samples picked up at a plant under subsection (6) shall be picked up on a day on which samples are picked up at the plant under subsection (3).  O. Reg. 214/95, s. 28 (7). (8) If no samples are being picked up at a plant under subsection (3) during a quarter, samples picked up at the plant during the quarter under subsection (6) shall be picked up on a day on which samples are picked up at the plant under section 20.  O. Reg. 214/95, s. 28 (8). (9) There shall be an interval of at least 45 days between successive pick up days at the plant under subsection (6).  O. Reg. 214/95, s. 28 (9). (10) All samples picked up under subsection (6) in a quarter shall be picked up on the same day in the quarter.  O. Reg. 214/95, s. 28 (10). Monitoring — Acute Lethality — Toxicity Elimination Reports
30. (1) Where a discharger is required to perform a seven-day fathead minnow growth inhibition test, the discharger shall perform the test according to the procedure described in the Environment Canada publication entitled “Biological Test Method: Test of Larval Growth and Survival Using Fathead Minnows”, as amended from time to time.  O. Reg. 239/07, s. 7. (2) Where a discharger is required to perform a seven-day Ceriodaphnia dubia reproduction inhibition and survivability test, the discharger shall perform the test according to the procedure described in the Environment Canada publication entitled “Biological Test Method: Test of Reproduction and Survival Using the Cladoceran Ceriodaphnia dubia”, as amended from time to time.  O. Reg. 239/07, s. 7. (3) On one day in each semi-annual period, on the day on which samples are picked up at the plant under section 20, each discharger shall collect and immediately pick up a grab sample from each sampling point listed in Schedule 8 for the discharger’s plant, and shall perform a seven-day fathead minnow growth inhibition test and a seven-day Ceriodaphnia dubia reproduction inhibition and survivability test on each sample.  O. Reg. 214/95, s. 30 (3). (4) There shall be an interval of at least 90 days between successive pick up days at the plant under subsection (3).  O. Reg. 214/95, s. 30 (4). (5) All samples picked up under subsection (3) in a semi-annual period shall be picked up on the same day in the semi-annual period.  O. Reg. 214/95, s. 30 (5). (6) A discharger need not collect a sample from a sampling point in accordance with subsection (3) until 12 consecutive monthly rainbow trout acute lethality tests and 12 consecutive monthly Daphnia magna acute lethality tests performed on samples collected at the sampling point at a discharger’s plant result in mortality for no more than 50 per cent of the test organisms in 100 per cent effluent.  O. Reg. 214/95, s. 30 (6). Monitoring — Cooling Water Effluent — Weekly Assessment
31. (1) Each discharger shall, on one day in each week, on a day on which samples are picked up at the plant under subsection 20 (1), pick up a set of samples collected at each cooling water effluent sampling point at the discharger’s plant and shall, subject to subsection (2), analyze each set of samples for the parameters for which the frequency of monitoring, as set out in Column 2 of the table for the discharger’s plant in Schedule 5, is weekly. O. Reg. 308/17, s. 8 (1). (2) A discharger for a plant referred to in Schedule 5 need not analyze any set of samples collected at a cooling water effluent sampling point for any parameter not marked with an “X” in the column for that sampling point in the table for the plant in Schedule 5. O. Reg. 308/17, s. 8 (2). (3) There shall be an interval of at least four days between successive pick up days at the plant under subsection (1). (4) All samples picked up under subsection (1) in a week shall be picked up on the same day in the week.  O. Reg. 214/95, s. 31. Monitoring — Cooling Water Effluent — Quarterly
32. (1) Each discharger shall, on one day in each quarter, on a day on which samples are picked up at the plant under subsection 20 (1), pick up a set of samples collected at each cooling water effluent sampling point at the discharger’s plant and shall, subject to subsection (2), analyze each set of samples for the parameters for which the frequency of monitoring, as set out in Column 2 of the table for the discharger’s plant in Schedule 5, is quarterly. O. Reg. 308/17, s. 9 (1). (2) A discharger for a plant referred to in Schedule 5 need not analyze any set of samples collected at a cooling water effluent sampling point for any parameter not marked with an “X” in the column for that sampling point in the table for the plant in Schedule 5. O. Reg. 308/17, s. 9 (2). (3) There shall be an interval of at least 45 days between successive pick up days at the plant under subsection (1). (4) All samples picked up under subsection (1) in a quarter shall be picked up on the same day in the quarter.  O. Reg. 214/95, s. 32. PART VI   EFFLUENT VOLUME Flow Measurement
34. (1) Each discharger shall calculate, in cubic metres, a daily process effluent plant volume for each day. (2) For the purposes of subsection (1), a process effluent plant volume for a day is the sum of the daily process effluent volumes determined under section 33 for the day. (3) Each discharger shall calculate, in cubic metres, a monthly average process effluent plant volume for each month, by taking the arithmetic mean of the daily process effluent plant volumes calculated under subsection (1) for the month. (4) Each discharger shall calculate, in cubic metres, a monthly average volume for each process effluent monitoring stream at the discharger’s plant for each month, by taking the arithmetic mean of the daily volumes determined under section 33 for the stream for the month. (5) Each discharger shall calculate, in cubic metres, a daily merged effluent plant volume for each day. (6) For the purposes of subsection (5), a merged effluent plant volume for a day is the sum of the daily merged effluent volumes determined under section 33 for the day. (7) Each discharger shall calculate, in cubic metres, a monthly average merged effluent plant volume for each month, by taking the arithmetic mean of the daily merged effluent plant volumes calculated under subsection (5) for the month. (8) Each discharger shall calculate, in cubic metres, a monthly average volume for each merged effluent monitoring stream at the discharger’s plant for each month, by taking the arithmetic mean of the daily volumes determined under section 33 for the stream for the month. (9) Each discharger shall calculate, in cubic metres, a daily cooling water effluent plant volume for each day. (10) For the purposes of subsection (9), a cooling water effluent plant volume for a day is the sum of the daily cooling water volumes determined under section 33 for the day. (11) Each discharger shall calculate, in cubic metres, a monthly average cooling water effluent plant volume for each month, by taking the arithmetic mean of the daily cooling water effluent plant volumes calculated under subsection (9) for the month. (12) Each discharger shall calculate, in cubic metres, a monthly average volume for each cooling water effluent monitoring stream at the discharger’s plant for each month, by taking the arithmetic mean of the daily volumes for the stream determined under section 33 for the month.  O. Reg. 214/95, s. 34. PART VII   STORM WATER CONTROL Storm Water Control Study
35. (1) Each discharger shall complete a storm water control study in respect of the discharger’s plant, in accordance with the requirements of the Ministry of Environment and Energy publication entitled “Protocol for Conducting a Storm Water Control Study” dated August, 1994. (2) A discharger need not comply with subsection (1) in respect of the discharger’s plant if, (a) the plant meets the exemption criteria set out in the Ministry of Environment and Energy publication entitled “Protocol for Conducting a Storm Water Control Study” dated August, 1994; and (b) the discharger notifies the Director in writing, by April 12, 1996, that the plant meets the exemption criteria referred to in clause (a). (3) Subject to subsection (4), a discharger shall complete the storm water control study in respect of the discharger’s plant by April 14, 1997. (4) A discharger may postpone completion of the storm water control study in respect of the discharger’s plant until April 12, 1999 if, (a) in order to meet the requirements of Part IV, the discharger plans to make process changes, install wastewater treatment facilities, implement management practices or make any other changes at the plant that would likely alter the quantity or quality of storm water discharged from the plant; and (b) the discharger notifies the Director in writing, by April 14, 1997, of the plans referred to in clause (a). (5) Each discharger shall ensure that a copy of each study completed under this section is available to Ministry staff at the discharger’s plant on request during the plant’s normal office hours.  O. Reg. 214/95, s. 35. PART VIII   RECORDS AND REPORTS Record Keeping
36. (1) Each discharger shall keep records, in an electronic format acceptable to the Director, of all analytical results obtained under sections 19 to 22, 24, 31 and 32, all calculations performed under sections 12 to 15 and all determinations and calculations made or performed under sections 33 and 34. (2) Each discharger shall keep records of all sampling and analytical procedures used in meeting the requirements of section 7, including, for each sample, the date, the time of pick up, the sampling procedures used and any incidents likely to affect the analytical results. (3) Each discharger shall keep records of the results of all monitoring performed under sections 23, 25, 26 and 30. (4) Each discharger shall keep records of all maintenance and calibration procedures performed under section 33. (5) Each discharger shall keep records of all problems or malfunctions, including those related to sampling, analysis, acute lethality testing, chronic toxicity testing or flow measurement, that result or are likely to result in a failure to comply with a requirement of this Regulation, stating the date, duration and cause of each malfunction and including a description of any remedial action taken. (6) Each discharger shall keep records of any incident in which effluent that would ordinarily flow past a sampling point established under this Regulation is discharged from the discharger’s plant without flowing past that sampling point, stating the date, duration, cause and nature of each incident. (7) Each discharger shall keep records of all process changes and redirections of or changes in the character of effluent streams that affect the quality of effluent at any sampling point established under this Regulation at the discharger’s plant. (8) Each discharger shall keep records of the daily production, in tonnes, for the products listed in Column 2 of the table for the discharger’s plant in Schedule 9. O. Reg. 308/17, s. 10. (9) Each discharger shall make each record required by this section as soon as reasonably possible and shall keep each such record for a period of three years. (10) Each discharger shall ensure that all records kept under this section are available to Ministry staff at the discharger’s plant on request during the plant’s normal office hours.  O. Reg. 214/95, s. 36. Reports Available to the Public
37. (1) On or before June 1 in each year, each discharger shall prepare a report relating to the previous calendar year and including, (a) a summary of plant loadings calculated under sections 12 to 14; (b) a summary of concentrations determined under section 15; (c) a summary of the results of monitoring performed under sections 19 to 22, 24 to 26 and 30 to 32; (d) a summary of calculations performed under subsections 34 (1), (5) and (9); (e) a summary of the loadings or other results that exceeded a limit under section 16 or 17; and (f) a summary of the incidents in which effluent that would ordinarily flow past a sampling point established under this Regulation is discharged from the discharger’s plant without flowing past that sampling point. (2) Each discharger shall ensure that each report prepared under subsection (1) is available to any person at the discharger’s plant on request during the plant’s normal office hours. (3) Each discharger shall provide the Director, upon request, with a copy of any report that the discharger has prepared under subsection (1). (4) Each discharger shall ensure that each report prepared under section 30 is available to any person at the discharger’s plant on request during the plant’s normal office hours.  O. Reg. 214/95, s. 37. Reports to the Director — General
38. (1) Each discharger shall notify the Director in writing of any change of name or ownership of the discharger’s plant occurring after April 13, 1995, within 30 days after the end of the month in which the change occurs. (2) Each discharger shall notify the Director in writing of any process change or redirection of or change in the character of an effluent stream that affects the quality of effluent at any sampling point established under this Regulation at the discharger’s plant, within 30 days of the change or redirection. (3) A discharger need not comply with subsection (2) where the effect of the change or redirection on effluent quality is of less than one week’s duration. (4) Each discharger shall notify the Director in writing if the discharger’s plant has, for 90 consecutive days, operated at less than 75 per cent of the production rate specified in Column 3 of the table for the discharger’s plant in Schedule 9, within 30 days of the end of the 90-day period.  O. Reg. 214/95, s. 38; O. Reg. 308/17, s. 11. Reports to the Director — Compliance with Section 6 and Part IV