Application
2. (1) This Regulation applies to, (a) water works to which subsection 52 (1) of the Act applies; (a.1) water works that are part of, (i) a large municipal residential system, (ii) a small municipal residential system, (iii) a large municipal non-residential system, (iv) a non-municipal year-round residential system, or (v) a large non-municipal non-residential system; (b) sewage works to which section 53 of the Act applies that are owned or operated by the Crown or a municipality, if the sewage received by the sewage works is treated; and (c) sewage works to which section 53 of the Act applies that are not owned or operated by the Crown or a municipality, if any sewage received by the sewage works is, (i) toilet, sink or culinary liquid waste, or (ii) other sewage of a kind normally discharged from a residential subdivision, other than storm water, ground water, surface drainage or land drainage. O. Reg. 435/93, s. 2 (1); O. Reg. 539/98, s. 2 (1); O. Reg. 177/03, s. 1; O. Reg. 271/03, s. 2. (2) Despite subsection (1), this Regulation does not apply to a water treatment facility that meets the following criteria: 1. The facility’s average daily design flow or average daily flow in the peak month of the year, whichever is greater, is less than 200 cubic metres. 2. There is a period of at least one month in every year when the facility does not operate. 3. The facility does not treat water except for the purpose of disinfection. 4. In the opinion of the Director, the quality of the facility’s raw water source is excellent. 5. The operator with responsibility for the overall operation of the facility has successfully completed a course approved by the Director relating to the operation of facilities that meet the criteria in paragraphs 1 to 4. O. Reg. 435/93, s. 2 (2); O. Reg. 539/98, s. 2 (2). (3) Despite subsection (1), this Regulation does not apply to a water distribution facility that meets the following criteria: 1. The facility’s average daily design flow or average daily flow in the peak month of the year, whichever is greater, is less than 200 cubic metres. 2. There is a period of at least one month in every year when the facility does not operate. 3. All water supplied or distributed by the facility is received from a water treatment facility that meets the criteria in subsection (2) and, in the opinion of the Director, the quality of the water received from the water treatment facility is excellent. 4. The operator with responsibility for the overall operation of the facility has successfully completed a course approved by the Director relating to the operation of facilities that meet the criteria in paragraphs 1 to 3. O. Reg. 435/93, s. 2 (3); O. Reg. 539/98, s. 2 (3). (4) Despite subsection (1), this Regulation does not apply to sewage works described in clause 53 (6) (a) of the Act if, (a) the sewage works have a design capacity in excess of 10,000 litres per day; (b) more than one sewage works is located on a lot or parcel of land and they have, in total, a design capacity in excess of 10,000 litres per day; or (c) the sewage works are not located wholly within the boundaries of the lot or parcel of land on which is located the residence or other building or facility served by the works. O. Reg. 154/98, s. 1. Classification of Facilities