53 (1) Subject to section 47.3 of the Environmental Protection Act, no person shall use, operate, establish, alter, extend or replace new or existing sewage works except under and in accordance with an environmental compliance approval.  2010, c. 16, Sched. 7, s. 3 (9). Exception, prescribed activities (2) Subsection (1) does not apply to a person who is engaging in an activity at a site if the activity has been prescribed by the regulations made under the Environmental Protection Act for the purposes of subsection 20.21 (1) of that Act, unless one of the following circumstances applies: 1.  An environmental compliance approval in respect of the activity engaged in at the site has been issued before the day when a regulation made under the Environmental Protection Act prescribing the activity for the purposes of subsection 20.21 (1) of that Act comes into force, and the approval has not ceased to have effect as determined under section 20.17 of that Act. 2.  Subject to subsection (2.1), the Director has issued an order under section 20.18 of the Environmental Protection Act in respect of the activity at the site.  2010, c. 16, Sched. 7, s. 3 (10). Same (2.1) If a registration under Part II.2 of the Environmental Protection Act is in effect in respect of an activity engaged in at a site when the Director issues an order under section 20.18 of that Act in respect of the activity, subsection (1) applies only once the Director has removed the registration from the Environmental Activity and Sector Registry established under Part II.2 of that Act.  2010, c. 16, Sched. 7, s. 3 (10). Powers of Director, where sewage works undertaken without approval (3) Where any person undertakes or proceeds with the establishment of any sewage works, or the extension of or any change in any existing sewage works, without having first obtained an environmental compliance approval, a Director may order the person or the person’s successor or assignee to afford at their own expense such facilities as the Director considers necessary for the investigation of the works and the location of the discharge of effluent and may direct such changes to be made in the location of the discharge of effluent and in the works as the Director considers necessary, and any changes directed by the Director to be made in the works shall be carried out by the person or the person’s successor or assignee at their own expense.  R.S.O. 1990, c. O.40, s. 53 (3); 2010, c. 16, Sched. 7, s. 3 (11). (4), (5) Repealed:  2010, c. 16, Sched. 7, s. 3 (12). Exception (6) This section does not apply, (0.a)  to routine maintenance carried out on any sewage works; (a)  to a sewage works from which sewage is not to drain or be discharged directly or indirectly into a ditch, drain or storm sewer or a well, lake, river, pond, spring, stream, reservoir or other water or watercourse; (b)  to a privately-owned sewage works designed for the partial treatment of sewage that is to drain or be discharged into a sanitary sewer; (c)  to a sewage system that is subject to the Building Code Act, 1992; (d)  to a drainage works under the Drainage Act or a sewage works where the main purpose of the works is to drain land for the purpose of agricultural activity; (e)  to a drainage works under the Funeral, Burial and Cremation Services Act, 2002, the Public Transportation and Highway Improvement Act or The Railways Act, being chapter 331 of the Revised Statutes of Ontario, 1950; (f)  to such sewage works as may be exempted therefrom by the regulations, but this section does apply to a sewage works for the distribution of sewage on the surface of the ground for the purpose of disposing of the sewage.  R.S.O. 1990, c. O.40, s. 53 (6); 1997, c. 7, s. 6; 1997, c. 30, Sched. B, s. 24 (1); 2001, c. 9, Sched. G, s. 6 (25); 2002, c. 33, s. 146; 2010, c. 16, Sched. 7, s. 3 (13); 2017, c. 2, Sched. 11, s. 4 (2). Application (6.1) This section does apply to sewage works described in clause (6) (a) 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.  1997, c. 30, Sched. B, s. 24 (2); 2017, c. 2, Sched. 11, s. 4 (3). Deemed approval (7) Every sewage works constructed, extended or altered by the Crown or by the former Ontario Water Resources Commission before the 1st day of July, 1987 or that is under construction, extension or alteration by the Crown on the 30th day of June, 1987 shall be deemed to be constructed, extended or altered in accordance with an environmental compliance approval.  R.S.O. 1990, c. O.40, s. 53 (7); 2010, c. 16, Sched. 7, s. 3 (14). (8)-(11) Repealed:  2010, c. 16, Sched. 7, s. 3 (16). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 24 (1, 2) - 06/04/1998; 1997, c. 7, s. 6 (1, 2) - 05/06/1997 2001, c. 9, Sched. G, s. 6 (25) - 29/06/2001 2002, c. 33, s. 146
- 01/07/2012 2007, c. 12, s. 1 (14)
- 04/06/2007 2009, c. 12, Sched. H, s. 3 (1, 2) - 24/09/2009 2010, c. 16, Sched. 7, s. 3 (9-14, 16) - 31/10/2011; 2010, c. 16, Sched. 7, s. 3 (15) - 25/10/2010 2017, c. 2, Sched. 11, s. 4 (2, 3) - 22/03/2017