jswizzle3737/ontario_laws_and_regs huggingface dataset:
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. 63/95, 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. 63/95, 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. 63/95, 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. 63/95, s. 5. By-passes
6. Beginning on February 16, 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. 63/95, 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. 237/07, 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, assessment parameter and specific parameter from the plant.  O. Reg. 63/95, s. 7 (2). PART II   SAMPLING POINTS Establishment and Elimination of Sampling Points
8. (1) Each discharger shall, by May 15, 1995, establish a sampling point at each sampling point location designated as a process effluent sampling point in the heading of the Table for the discharger’s plant in Schedule 2. O. Reg. 313/17, s. 2 (1). (2) Each discharger shall, by May 15, 1995, establish a sampling point at each sampling point location designated as a process effluent batch sampling point in the heading of the Table for the discharger’s plant in Schedule 4. O. Reg. 313/17, s. 2 (2). (3) Each discharger shall, by May 15, 1995, establish a sampling point at each sampling point location designated as a merged effluent sampling point in the heading of the Table for the discharger’s plant in Schedule 5. O. Reg. 313/17, s. 2 (3). (4) Each discharger shall, by May 15, 1995, establish a sampling point at each sampling point location designated as a cooling water effluent sampling point in the heading of the Table for the discharger’s plant in Schedule 6. O. Reg. 313/17, s. 2 (4). (5) If the Director is satisfied, on the basis of written submissions from a discharger, that one or more of the circumstances described in subsection (6) 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. (6) For the purposes of subsection (5), 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. (7) Where a discharger is permitted to eliminate a sampling point because of a circumstance described in paragraph 1 or 2 of subsection (6), the discharger shall, within 90 days after the day on which the sampling point is eliminated, establish a replacement sampling point. (8) 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. (9) 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. (10) A discharger who replaces a sampling point under subsection (7) 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. 63/95, s. 8. Reports on Sampling Points
9. (1) By May 25, 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 May 15, 1995. (2) Each discharger who eliminates a sampling point at the discharger’s plant under subsection 8 (5) but is not required to replace the sampling point under subsection 8 (7) 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 (7), 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. 63/95, s. 9. Use of Sampling Points Established under This Part
10. Except as permitted or required under section 25, each discharger shall use the sampling points established under this Part for all sampling required by this Regulation.  O. Reg. 63/95, s. 10. PART III   CALCULATION OF LOADINGS Calculation of Loadings — General
11. (1) For the purposes of performing a calculation under sections 12, 13, 14 and 15, a discharger shall use the actual analytical result obtained by the laboratory.  O. Reg. 63/95, 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, 14 and 15.  O. Reg. 237/07, s. 2. (3) Each discharger shall ensure that each calculation of a process effluent loading required by section 12, each calculation of a process effluent batch loading required by section 13 and each calculation of a merged effluent loading required by section 14 is performed as soon as reasonably possible after the analytical result on which the calculation is based becomes available to the discharger.  O. Reg. 63/95, s. 11 (3). (4) Each discharger shall ensure that each calculation of a cooling water effluent loading required by section 15 is performed in time to comply with subsection 41 (4).  O. Reg. 63/95, 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 34, 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 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. (7) For the purposes of subsection (6), 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. 63/95, s. 12. Calculation of Loadings — Process Effluent — Batch
13. (1) In addition to complying with section 12, each discharger shall calculate, in kilograms, a process effluent batch stream loading for each limited parameter in each process effluent batch monitoring stream of the discharger for each process effluent batch for which a sample is collected under this Regulation from the stream for analysis for the parameter. (2) When calculating a batch 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 batch volume of effluent, as determined under section 34, for the stream for the batch.  O. Reg. 63/95, s. 13. Calculation of Loadings — Merged Effluent
14. (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 34, 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 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. (7) For the purposes of subsection (6), 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. 63/95, s. 14. Calculation of Loadings — Cooling Water
15. (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 34, 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 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. (7) For the purposes of subsection (6), 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. 63/95, s. 15. PART IV   PARAMETER AND LETHALITY LIMITS Parameter Limits
17. Each discharger shall control the quality of each stream at the discharger’s plant for which a sampling point is listed opposite the plant in Column 2 of Schedule 7 to ensure that each rainbow trout acute lethality test and each Daphnia magna acute lethality test performed on any grab sample collected at an applicable sampling point for the plant results in mortality for no more than 50 per cent of the test organisms in 100 per cent effluent. O. Reg. 313/17, s. 4. 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, 23 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, 23 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. 63/95, 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 in Schedule 2 for the discharger’s plant, is daily. O. Reg. 313/17, s. 5 (1). (2) A discharger for a plant for which there is a Table in Schedule 3 does not need to analyze a set of samples collected at a process effluent sampling point for the parameter if the Table indicates that the discharger does not need to analyze for the parameter. O. Reg. 313/17, s. 5 (2). (3) A discharger is relieved of the obligations under subsection (1) relating to a parameter and shall instead, on three days in each week, pick up a set of samples collected at each process effluent sampling point at the discharger’s plant and analyze each set of samples for the parameter where, (a)  the discharger has performed monitoring under subsection (1) for 12 consecutive months; and (b)  the monthly average process effluent plant loading for the parameter, for each of the 12 months, as calculated under subsection 12 (6), is equal to or less than 75 per cent of the monthly average plant loading limit for the parameter as set out in Column 4 of the Table in Schedule 2 for the discharger’s plant. O. Reg. 313/17, s. 5 (3). (4) There shall be an interval of at least 24 hours between successive pick-up days at the plant under subsection (3). (5) All samples picked up under subsection (3) in a week shall be picked up on the same three days in the week. (6) Subsection (3) ceases to apply in relation to a parameter and a discharger shall instead comply with the requirements of subsection (1) in relation to the parameter where, during any 12 consecutive months, (a)  a daily process effluent plant loading for the parameter, as calculated under subsection 12 (3), exceeds the daily plant loading limit for the parameter as set out in Column 3 of the Table in Schedule 2 for the discharger’s plant, on any three occasions; or (b)  a monthly average process effluent plant loading for the parameter, as calculated under subsection 12 (6), exceeds the monthly average plant loading limit as set out in Column 4 of the Table in Schedule 2 for the discharger’s plant, on any two occasions. O. Reg. 313/17, s. 5 (4). (7) A discharger shall notify the Director in writing of any change in the frequency of monitoring under this section at the discharger’s plant within 30 days after the day on which the change occurs. (8) 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. 63/95, 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 in Schedule 2 for the discharger’s plant, is weekly. O. Reg. 313/17, s. 6 (1). (2) A discharger for a plant for which there is a Table in Schedule 3 does not need to analyze a set of samples collected at a process effluent sampling point for the parameter if the Table indicates that the discharger does not need to analyze for the parameter. O. Reg. 313/17, s. 6 (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. 63/95, s. 20. Monitoring — Process Effluent — Quarterly
21. (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 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 in Schedule 2 for the discharger’s plant, is quarterly. O. Reg. 313/17, s. 7 (1). (2) A discharger for a plant for which there is a Table in Schedule 3 does not need to analyze a set of samples collected at a process effluent sampling point for the parameter if the Table indicates that the discharger does not need to analyze for the parameter. O. Reg. 313/17, s. 7 (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. 63/95, s. 21. Monitoring — Process Effluent — Batch
22. (1) Each discharger shall, each time a batch of effluent flows past a process effluent batch sampling point at the discharger’s plant, pick up a set of samples collected at the sampling point and shall analyze the set of samples for the parameters listed in Column 1 of the Table in Schedule 4 for the discharger’s plant. O. Reg. 313/17, s. 8. (2) Where a discharger is required by subsection (1) to pick up a set of samples collected at a process effluent batch sampling point, the discharger shall pick up a set collected throughout the period during which the batch flowed past the sampling point.  O. Reg. 63/95, s. 22. Monitoring — Merged Effluent — Weekly
23. (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 listed in Column 1 of the Table in Schedule 5 for the discharger’s plant. O. Reg. 313/17, s. 9. (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) or, in a month in which no samples are picked up at the plant under subsection 20 (1), on a day on which samples are picked up at the plant under subsection 22 (1).  O. Reg. 63/95, s. 23. Monitoring — Process Effluent — Quality Control
24. (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 in Schedule 2 for the discharger’s plant, is weekly or quarterly.  O. Reg. 63/95, s. 24 (1); O. Reg. 313/17, s. 10. (2) Despite subsection (1), a discharger need not analyse any sample under subsection (1) for 2,3,7,8-tetrachlorodibenzo-para-dioxin, 2,3,7,8-tetrachlorodibenzofuran or 2,3,7,8 substituted dioxin and furan congeners.  O. Reg. 63/95, s. 24 (2). (3) 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. 237/07, s. 4. (4) There shall be an interval of at least six months between successive pick-up days at the plant under subsection (1).  O. Reg. 63/95, s. 24 (4). Monitoring — Process Effluent — pH Measurement
25. (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. (9) Each discharger shall, each time a batch of effluent flows past a process effluent batch sampling point at the discharger’s plant, collect three grab samples from the sampling point and shall analyze each sample for the parameter pH. (10) Where a discharger is required by subsection (9) to collect three grab samples in respect of a batch of effluent, the discharger shall make every reasonable effort to ensure, (a)  that the first grab sample is collected as soon as possible after the batch begins to flow past the sampling point; (b)  that the third grab sample is collected as little before the batch ceases to flow past the sampling point as possible; and (c)  that the interval between the collection of the first and second grab samples is as equal as possible to the interval between the collection of the second and third grab samples.  O. Reg. 63/95, s. 25. Monitoring — Acute Lethality Testing — Rainbow Trout
27. (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. 237/07, s. 6. (2) Subsections 26 (2) to (19) 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. 63/95, s. 27 (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 26, to the extent possible having regard to the frequency of monitoring required at the sampling point under this section and section 26.  O. Reg. 63/95, s. 27 (3). Monitoring — Acute Lethality Testing — Rainbow Trout — Sampling Points Listed in Schedule 8
28. (1) Beginning on February 16, 1998, on one day in each month, on a day on which samples are picked up at the plant under section 23, each discharger shall, if the discharger’s plant is listed in Column 1 of Schedule 8, collect and immediately pick up a grab sample at each sampling point that is listed opposite the discharger’s plant in Column 2 of Schedule 8 and shall perform a rainbow trout acute lethality test on each sample. O. Reg. 313/17, s. 12. (2) Subsections 26 (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, on one day in each quarter, on a day on which samples are picked up at the plant under section 23, collect and immediately pick up a grab sample at the sampling point and perform a rainbow trout acute lethality test on each sample. (6) There shall be an interval of at least 45 days between successive pick-up days at the plant under subsection (5). (7) All samples picked up under subsection (5) in a quarter shall be picked up on the same day in the quarter.  O. Reg. 63/95, s. 28. Monitoring — Acute Lethality — Daphnia magna — Sampling Points Listed in Schedule 8
29. (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. 237/07, s. 7. (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. 63/95, s. 29 (2). (3) Beginning on February 16, 1998, on one day in each month, on a day on which samples are picked up at the plant under section 23, each discharger shall, if the discharger’s plant is listed in Column 1 of Schedule 8, collect and immediately pick up a grab sample at each sampling point that is listed opposite the discharger’s plant in Column 2 of Schedule 8 and shall perform a Daphnia magna acute lethality test on each sample. O. Reg. 313/17, s. 13. (4) There shall be an interval of at least 15 days between successive pick-up days at the plant under subsection (3).  O. Reg. 63/95, s. 29 (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. 63/95, s. 29 (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. 63/95, s. 29 (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. 63/95, s. 29 (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 23.  O. Reg. 63/95, s. 29 (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. 63/95, s. 29 (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. 63/95, s. 29 (10). Monitoring — Acute Lethality — Toxicity Elimination Reports
31. (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. 237/07, s. 8. (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. 237/07, s. 8. (3) On one day in each semi-annual period, on a day on which samples are picked up at the plant under section 20 or, in a semi-annual period in which no samples are picked up at the plant under section 20, on a day on which samples are picked up at the plant under section 22, each discharger shall, if the discharger’s plant is listed in Column 1 of Schedule 9, collect and immediately pick up a grab sample from each sampling point listed that is listed opposite the discharger’s plant in Column 2 of Schedule 9, 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. 313/17, s. 14. (4) There shall be an interval of at least 90 days between successive pick-up days at the plant under subsection (3).  O. Reg. 63/95, s. 31 (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. 63/95, s. 31 (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. 63/95, s. 31 (6). Monitoring — Cooling Water Effluent — Weekly Assessment
32. (1) Each discharger shall, on one day in each week, pick up a set of samples collected at each cooling water effluent sampling point at the plant and shall analyze each set of samples for the parameters listed in Column 1 of the Table in Schedule 6 for the discharger’s plant. O. Reg. 313/17, s. 15. (2) All samples picked up at a plant under subsection (1) shall be picked up, (a)  on the day on which samples are picked up at the plant under section 20; (b)  in a week in which no samples are picked up at the plant under section 20, on a day on which samples are picked up at the plant under section 22; or (c)  in a week in which no samples are picked up at the plant under section 20 or 22, on any day in the week. (3) There shall be an interval of at least four days between successive pick-up days at the plant under clause (2) (c). (4) All samples picked up under clause (2) (c) in a week shall be picked up on the same day in the week.  O. Reg. 522/95, s. 1. Monitoring — Merged Effluent — pH and Specific Conductance Measurement
33. (1) Each discharger shall, on one day in each week, on the day on which samples are picked up at the plant under section 20 or, in a week in which no samples are picked up at the plant under section 20, on a day on which samples are picked up at the plant under section 22, during the time period applicable to the plant under subsection 18 (3) or (4), collect a grab sample from each merged effluent sampling point at the discharger’s plant and shall analyze each sample for the parameter pH and the parameter specific conductance. (2) Within the 24-hour period beginning with the collection of the first grab sample at the plant under subsection (1) in each week, the discharger shall collect two more grab samples from each merged effluent sampling point at the discharger’s plant and shall analyze each sample for the parameter pH and the parameter specific conductance. (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 stream, 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 and the parameter specific conductance on one day in each week, on the day on which samples are picked up at the plant under subsection 20 (1), 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 for the week. (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.  O. Reg. 63/95, s. 33 (1-6). (7) Revoked:  O. Reg. 522/95, s. 2 (2). Monitoring — Cooling Water Effluent — pH and Specific Conductance Measurement
33.1 (1) Each discharger shall, on one day in each week, on the day on which samples are picked up at the plant under section 32, during the time period applicable to the plant under subsection 18 (3) or (4), collect a grab sample from each cooling water effluent sampling point at the discharger’s plant and shall analyze each sample for the parameter pH and the parameter specific conductance. (2) Within the 24-hour period beginning with the collection of the first grab sample at the plant under subsection (1) in each week, the discharger shall collect two more grab samples from each cooling water effluent sampling point at the discharger’s plant and shall analyze each sample for the parameter pH and the parameter specific conductance. (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 stream, 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 and the parameter specific conductance on one day in each week, on the day on which samples are picked up at the plant under section 32, 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 for the week. (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.  O. Reg. 522/95, s. 3. PART VI   EFFLUENT VOLUME Flow Measurement
35. (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 34 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 daily merged effluent plant volume for each day. (5) For the purposes of subsection (4), a merged effluent plant volume for a day is the sum of the daily merged effluent volumes determined under section 34 for the day. (6) 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 (4) for the month. (7) Each discharger shall calculate, in cubic metres, a daily cooling water effluent plant volume for each day. (8) For the purposes of subsection (7), a cooling water effluent plant volume for a day is the sum of the daily cooling water volumes determined under section 34 for the day. (9) 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 (7) for the month.  O. Reg. 63/95, s. 35. PART VII   STORM WATER CONTROL Storm Water Control Study
36. (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.  O. Reg. 63/95, s. 36 (1). (1.1) Despite subsection (1), the requirements in respect of parameters for analysis required for process effluent and cooling water effluent, set out at page 5 of the Ministry of Environment and Energy publication entitled “Protocol for Conducting a Storm Water Control Study”, dated August, 1994 do not apply in relation to the following plants: 1.  Cornwall Chemicals Limited. 2.  Nova Chemicals Canada Ltd. (Sarnia). 3.  Oxychem Durez Canada. 4.  RohMax Canada (West Hill). (1.2) For the purposes of subsection (1), each discharger for Cornwall Chemicals Limited, Nova Chemicals Canada Ltd. (Sarnia), Oxychem Durez Canada and RohMax Canada (West Hill) shall complete a storm water control study using the parameters set out in Column 1 of the Table in Schedule 10 for the discharger’s plant.  O. Reg. 50/98, s. 1 (1); O. Reg. 313/17, s. 16. (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 February 15, 1996, that the plant meets the exemption criteria referred to in clause (a).  O. Reg. 63/95, s. 36 (2). (3) Subject to subsections (4) and (4.1), a discharger shall complete the storm water control study in respect of the discharger’s plant by February 17, 1997.  O. Reg. 63/95, s. 36 (3); O. Reg. 50/98, s. 1 (2). (4) A discharger may postpone completion of the storm water control study in respect of the discharger’s plant until February 15, 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 February 17, 1997, of the plans referred to in clause (a).  O. Reg. 63/95, s. 36 (4). (4.1) Each discharger for Cornwall Chemicals Limited, Nova Chemicals Canada Ltd. (Sarnia) and RohMax Canada (West Hill) shall complete the storm water control study by February 15, 1999.  O. Reg. 50/98, s. 1 (3). (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. 63/95, s. 36 (5). PART VIII   RECORDS AND REPORTS Record Keeping
38. (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 15; (b)  a summary of batch stream loadings calculated under section 13; (c)  a summary of the results of monitoring performed under sections 19 to 23, 25 to 27 and 31 to 33.1; (d)  a summary of calculations performed under subsections 35 (1), (4) and (7); (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.  O. Reg. 63/95, s. 38 (1); O. Reg. 522/95, s. 6. (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 availabe to any person at the discharger’s plant, on request, during the plant’s normal office hours.  O. Reg. 63/95, s. 38 (2-4). Reports to the Director — General
39. (1) Each discharger shall notify the Director in writing of any change of name or ownership of the discharger’s plant occurring after February 14, 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.  O. Reg. 63/95, s. 39 (1-3). (4) Each discharger shall notify the Director in writing if the discharger’s plant has, for 90 consecutive days, produced a material listed opposite the discharger’s plant in Column 2 of Schedule 11 at less than 75 per cent of the reference daily rate of production calculated under subsection 37 (8) for the material, within 30 days of the end of the 90-day period.  O. Reg. 63/95, s. 39 (4); O. Reg. 522/95, s. 7; O. Reg. 313/17, s. 18. Reports to the Director — Compliance with Section 6 and Part IV
40. (1) Each discharger shall report to the Director any incident in which effluent that would ordinarily flow past a point established under this Regulation is discharged from the discharger’s plant without flowing past that sampling point. (2) Each discharger shall report to the Director any loading or other result that exceeds a limit prescribed by section 16 or 17. (3) A report required under subsection (1) or (2) shall be given orally, as soon as reasonably possible, and in writing, as soon as reasonably possible.  O. Reg. 63/95, s. 40. Quarterly Reports to the Director