29. (1) If three consecutive rainbow trout acute lethality tests performed under subsection 27 (1) or (5) or under a combination of subsections 27 (1) and (5) on samples picked up at a sampling point result in the mortality of more than 50 per cent of the test rainbow trout, the discharger shall submit to the Director a toxicity elimination report with respect to the stream on which the sampling point is located. (2) A toxicity elimination report with respect to the stream on which the sampling point is located shall set out the following information: 1. A detailed analysis of the causes and sources of the mortality of more than 50 per cent of the test rainbow trout at the sampling point. 2. A synopsis of any studies conducted to support the analysis. 3. A detailed description of the methods by which the quality of the stream could be controlled to eliminate the mortality of more than 50 per cent of the test rainbow trout at the sampling point. 4. An evaluation of the technical feasibility of implementing, at the discharger’s plant, each method described under paragraph 3 and a statement of which of the methods are technically feasible. 5. An estimate of the financial cost to the discharger of implementing each method identified as technically feasible under paragraph 3. (3) Where a discharger is required by subsection (1) to submit a toxicity elimination report to the Director, the discharger shall submit the report to the Director no later than 12 months after the day on which the third of three consecutive rainbow trout acute lethality tests was performed that resulted in the mortality of more than 50 per cent of the test rainbow trout at the sampling point on the stream. (4) In addition, where a discharger is required by subsection (1) to submit a toxicity elimination report with respect to a stream, the discharger shall submit to the Director annual toxicity elimination progress reports with respect to the stream, no later than the anniversary of the day on which the toxicity elimination report with respect to the stream was required to be submitted under subsection (3). (5) A toxicity elimination progress report with respect to a stream shall set out the following information: 1. A detailed description of any methods, in addition to those described under paragraph 3 of subsection (2) with respect to the stream, by which the quality of the stream could be controlled to eliminate the mortality of more than 50 per cent of the test rainbow trout at the sampling point. 2. An evaluation of the technical feasibility of implementing, at the discharger’s plant, each method described under paragraph 1 and a statement of which of the methods are technically feasible. 3. An estimate of the financial cost to the discharger of implementing each method identified as technically feasible under paragraph 2. (6) Where a discharger has performed three consecutive quarterly tests under subsection 27 (5) on samples collected from a stream in relation to which the discharger has obligations under subsection (4) and the mortality of the rainbow trout in each test did not exceed 50 per cent, the discharger is relieved of the obligations under subsection (4) in relation to that stream. (7) Where a discharger has been relieved by subsection (6) of the obligation to submit toxicity elimination progress reports in relation to a stream and three consecutive quarterly tests under subsection 27 (5) on samples collected from that stream result in the mortality of more than 50 per cent of the test rainbow trout, subsection (6) ceases to apply and the discharger shall instead comply with the requirements of subsection (4) relating to the stream, until a further three consecutive quarterly tests under subsection 27 (5) on samples collected from the stream result in mortality for no more than 50 per cent of the rainbow trout in each test. (8) Subsections (1) to (7) apply with necessary modifications to Daphnia magna
acute lethality tests performed under section 28 and, for the purpose, (a) a reference to rainbow trout shall be deemed to be a reference to Daphnia magna; and (b) a reference to subsection 27 (1) shall be deemed to be a reference to subsection 28 (3) and a reference to subsection 27 (5) shall be deemed to be a reference to subsection 28 (6).  O. Reg. 214/95, s. 29. Monitoring — Chronic Toxicity Testing — Fathead Minnow and Ceriodaphnia dubia