Wastewater Systems Effluent Regulations (SOR/2012-139)

Compliance Obligations

Marginal note:General requirements

• 29 (1) A holder of a transitional authorization in respect of a wastewater system must, during the period of authorization,

  • (a) comply with sections 7 to 10, 12 to 14, 16 to 22 and 48; and

  • (b) implement the plan referred to in subsection 4(1) or paragraphs 25(1)(f) or (s) or, if applicable, the amended plan referred to in subsection (3) — in accordance with its schedule for implementation.

• Marginal note:Progress reports

  (2) The holder of a transitional authorization must, within 90 days before the following dates, send to the authorization officer a progress report on the steps taken to implement the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s), as the case may be:

  • (a) July 1 of 2026, 2028 and 2030, if the period of authorization ends on December 31, 2030; and

  • (b) July 1 of 2026, 2028, 2030, 2032, 2034, 2036, 2038 and 2040, if the period of authorization ends on December 31, 2040.

• Marginal note:Compliance obligations – amended plan

  (3) The progress report must include amendments to the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s), as the case may be, along with a schedule to implement the plan.

Scope of Transitional Authorization and Revocation

Marginal note:Content of transitional authorization

30 A transitional authorization must be in the form set out in Schedule 4 and contain the following information:

• (a) the information referred to in paragraphs 25(1)(a) and (c);

• (b) the latitude and longitude of the final discharge point;

• (c) the date of issuance;

• (d) the period of authorization; and

• (e) the following averages and maximum concentration of the deleterious substances prescribed in section 5 that are authorized to be contained in effluent that is deposited via the final discharge point during a given calendar year, quarter or month referred to in subsection 28(1):

  • (i) for the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter, the average referred to in, as the case may be, subparagraph 28(1)(a)(i) or (ii),

  • (ii) for the average concentration of suspended solids, the average referred to in, as the case may be, subparagraph 28(1)(b)(i) or (ii),

  • (iii) for the average concentration of total residual chlorine, the average referred to in paragraph 28(1)(c), and

  • (iv) for the maximum concentration of un-ionized ammonia, the maximum concentration referred to in, as the case may be, subparagraph 28(1)(d)(i) or (ii).

Marginal note:Correction of information

• 31 (1) If the owner or operator of a wastewater system becomes aware that the information provided in their application for a transitional authorization contains errors or if the information provided in the transitional authorization is incorrect, they must, without delay, send a notice to the authorization officer that indicates the reason for the incorrect information and any corrections made, along with a corrected statement referred to in paragraph 25(1)(t).

• Marginal note:Corrected transitional authorization

  (2) On receipt of a notice that provides corrections that, if provided with the application, would have affected the scope of the information referred to in section 30 contained in the transitional authorization, the authorization officer must issue a corrected transitional authorization as if the corrections together with the remaining information originally provided in the application were an application under section 25.

• Marginal note:Change in ownership

  (3) A new owner or operator of a wastewater system must, no later than 30 days after the day on which the ownership of the wastewater system is transferred, send a notice to the authorization officer that indicates the date on which the transfer occurred and any updates to the information referred to in paragraphs 25(1)(a) to (c), along with a corrected statement referred to in paragraph 25(1)(t) signed and dated by the new owner or operator or their authorized representative.

• Marginal note:Amended transitional authorization

  (4) On receipt of a notice referred to in subsection (3), the authorization officer must issue an amended transitional authorization with the updates to the information referred to in paragraphs 30(a) and (c).

Marginal note:Revocation

• 32 (1) The authorization officer may revoke a transitional authorization if

  • (a) the information referred to in subsection 25(1) or (2), as the case may be, contained in the application or the information provided in a progress report referred to in subsection 29(2) is false or misleading in a material respect;

  • (b) the holder has, during the period of authorization, failed to comply with any condition set out in section 28 or any provision referred to in subsection 29(1);

  • (c) new information indicates that a deposit authorized under section 28 has had or is likely to have an effect on fish, fish habitat or the use by man of fish that is more adverse than the worst of the effects that were anticipated when that authorization was issued;

  • (d) the holder has not sent a progress report in accordance with subsection 29(2); or

  • (e) the authorization officer has reasonable grounds to believe that the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s) or subsection 29(3), as the case may be, cannot be fully implemented before the end of the period of authorization.

• Marginal note:Considerations

  (2) When determining whether to revoke a transitional authorization, the authorization officer must consider, as applicable, whether the holder of a transitional authorization

  • (a) has a history of non-compliance with any condition or provision referred to in paragraph (1)(b);

  • (b) has provided a reasonable justification for not sending a progress report in accordance with subsection 29(2); or

  • (c) has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with any condition or provision referred to in paragraph (1)(b) or to prevent or mitigate a more adverse effect referred to in paragraph (1)(c).

• Marginal note:Representations

  (3) The authorization officer is not permitted to revoke a transitional authorization unless they have provided the holder with

  • (a) written reasons for the proposed revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the proposed revocation.

Marginal note:Transitional authorization — termination

• 33 (1) Despite subsections 24(2) and 26(2), the authorization officer may terminate a transitional authorization at the end of a given calendar year, quarter or month determined in accordance with subsection 6(2), if the effluent deposited via the final discharge point of the wastewater system was not acutely lethal and if it met the conditions for the authorization set out in paragraphs 6(1)(a) and (b) during

  • (a) that given calendar year;

  • (b) that given quarter and the three quarters immediately before that given quarter during which effluent was deposited via the final discharge point; or

  • (c) that given month and each of the 11 months immediately before that given month during which effluent was deposited via the final discharge point.

• Marginal note:Expiry of temporary authorization — notice

  (2) If the modifications to be made to a wastewater system are completed in accordance with the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s) or subsection 29(3), as the case may be, the owner or operator of the wastewater system must send a notice to the authorization officer that indicates the date on which the modifications were completed and certifies that the identification report has been updated in accordance with subsection 18(6).

Temporary Authorization to Deposit Un-ionized Ammonia

Requirements and Duration

Marginal note:Requirements

• 34 (1) The owner or operator of a wastewater system whose effluent deposited via its final discharge point is acutely lethal because of the concentration of un-ionized ammonia in it may apply to an authorization officer for a temporary authorization to deposit effluent that contains un-ionized ammonia via the final discharge point if the concentration of un-ionized ammonia in the water, determined in accordance with subsection (3), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point is less than or equal to 0.016 mg/L, expressed as nitrogen (N), and if

  • (a) the acute lethality of the effluent — as determined in accordance with Reference Method EPS 1/RM/13 using the procedure set out in section 6 of that Method and the Procedure for pH Stabilization EPS 1/RM/50 — is primarily because of the concentration of un-ionized ammonia in the effluent; or

  • (b) the effluent is acutely lethal because the concentration of un-ionized ammonia in the effluent deposited via the final discharge point is greater than or equal to 1.25 mg/L, expressed as nitrogen (N) at 15°C ± 1°C, determined in accordance with section 14.

• Marginal note:Samples

  (2) The determination referred to in paragraph (1)(b) must

  • (a) for an intermittent wastewater system, be based on at least one sample of effluent; and

  • (b) for a continuous wastewater system, be based on at least two samples of effluent taken 7 days apart.

• Marginal note:Determination of NH₃ concentration in water

  (3) The concentration of un-ionized ammonia in the water referred to in subsection (1) must be determined in accordance with the following formula:

  total ammonia × 1 ÷ (1 +10^{pKa – pH})

  where

  total ammonia

  is the concentration of total ammonia in that water — namely, un-ionized ammonia (NH₃) plus ionized ammonia (NH₄⁺) — determined in accordance with subsection (4), expressed in mg/L as nitrogen (N);

  pKa

  is 0.09018 + 2729.92/T, where T is the ambient water temperature in kelvin; and

  pH

  is the pH of that water.

• Marginal note:Determination of concentration of total ammonia in water

  (4) The concentration of total ammonia in the water referred to in subsection (3) must be determined using a total ammonia test.

• Marginal note:Periods for application

  (5) An initial application for a temporary authorization to deposit effluent that contains un-ionized ammonia must be made within 30 days after, as the case may be, the determination referred to in paragraph (1)(a) or (b) has been made. Applications to extend the temporary authorization must be made at least 90 days before the expiry of the authorization.

Application

Marginal note:Required information

35 An application for a temporary authorization to deposit effluent that contains un-ionized ammonia in respect of a wastewater system must contain the following information:

• (a) the owner’s and the operator’s name, civic and postal addresses, telephone number and, if any, email address and fax number;

• (b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number, of a contact person;

• (c) if any, the wastewater system’s name and civic address;

• (d) the latitude and longitude of the final discharge point expressed in decimal degrees in accordance with subsection 18(3);

• (e) in relation to the determination of the acute lethality of the effluent

  • (i) if that determination is the one referred to in paragraph 34(1)(a),

    • (A) the result of that determination, including, for each sample on which that determination was based, the information referred to in section 8.1 of Reference Method EPS 1/RM/13 and section 3 of the Procedure for pH Stabilization EPS 1/RM/50, and

    • (B) information establishing that, when that determination was made, any acute lethality of the effluent was primarily because of the concentration of the un-ionized ammonia in the effluent, or

  • (ii) if that determination is the one referred to in paragraph 34(1)(b), the concentration of un-ionized ammonia in each of the samples referred to in subsection 34(2);

• (f) information that establishes that, at the time the application was made, the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N); and

• (g) a statement signed and dated by the owner or operator or their authorized representative that certifies that the information provided in the application is true, accurate and complete

  • (i) in the case of information that was prepared by the owner or operator, to the best of the owner’s or operator’s information and belief, and

  • (ii) in the case of information that was prepared by other persons with sufficient knowledge to evaluate that information, to the best of the owner’s or operator’s information and belief, based on representations made to them by those persons.

Conditions of Issuance

Marginal note:Required information

• 36 (1) Subject to subsection (2), the authorization officer must issue the temporary authorization to deposit effluent that contains un-ionized ammonia for a period of three years beginning on the date of issuance, if

  • (a) the application contains the information required under section 35;

  • (b) the information referred to in paragraph 35(e) has established that the effluent was, at the time of the application, acutely lethal because of the concentration of un-ionized ammonia in it; and

  • (c) the information referred to in paragraph 35(f) has established that the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m downstream from the point of entry where effluent was deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N).

• Marginal note:Refusal

  (2) The authorization officer must refuse to issue the temporary authorization if they have reasonable grounds to believe that the information contained in, or provided in support of, the application is false or misleading in a material respect.

Conditions on Temporary Authorization

Marginal note:Authorized deposits

37 A holder of a temporary authorization to deposit effluent that contains un-ionized ammonia in respect of a wastewater system is authorized to deposit, via the final discharge point, effluent

• (a) that satisfies the conditions set out in paragraphs 6(1)(a) to (c); and

• (b) that results in a concentration of un-ionized ammonia in the water that is less than or equal to 0.016 mg/L, expressed as nitrogen (N), determined in accordance with subsection 34(3), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point.

Compliance Obligations

Marginal note:General requirements

38 The holder of a temporary authorization to deposit effluent that contains un-ionized ammonia must, at the final discharge point, during the period of authorization

• (a) comply with sections 7 to 10, 12 to 14, 16 to 22 and 48;

• (b) for each sample as referred to in subsection 10(1) to (4), determine, or cause the determination of, the concentration of un-ionized ammonia in the effluent, in accordance with section 14; and

• (c) once each August, determine, or cause the determination of, the concentration of un-ionized ammonia in the water referred to in paragraph 37(b).