Pulp and Paper Effluent Regulations (SOR/92-269)

• 16 (1) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(a) an authorization to deposit, or to permit the deposit of, BOD matter and suspended solids in quantities that exceed the maximum quantities authorized by section 14, if the quantities so authorized are the lowest that can be achieved and do not exceed the maximum quantities that may be authorized under section 19.

• (2) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(b) an authorization to deposit, or to permit the deposit of, BOD matter and suspended solids in quantities that exceed the maximum quantities authorized by section 14, if the quantities so authorized are the lowest that can be achieved and do not exceed the maximum quantities that may be authorized under section 20.

• (3) An authorization may not be issued under subsection (1) or (2) unless the owner or operator of the mill has taken all applicable preventative measures at the production stage to reduce the BOD of all BOD matter and the quantity of suspended solids in the effluent.

• (4) [Repealed, SOR/2012-140, s. 12]

• 17 (1) The authorization officer may issue to the owner or operator of a mill referred to in paragraph 15(1)(d) an authorization to combine treated effluent with other effluent before the treated effluent is deposited if

  • (a) the operator has taken all reasonable steps, before the effluent is treated, to reduce the BOD of the BOD matter, the quantity of suspended solids and the lethality in respect of the effluent to be treated;

  • (b) the operator has instituted or intends to institute a water conservation program at the mill that would so reduce the volume of the effluent requiring treatment that it would still be acutely lethal despite treatment;

  • (c) the treatment process removes at least 90 per cent of the BOD of all BOD matter in the effluent that is treated; and

  • (d) the other effluent is not acutely lethal before being combined with the treated effluent.

• (2) Treated effluent may not be combined with other effluent in accordance with an authorization under subsection (1) unless the operator institutes the water conservation program referred to in that subsection.

• 18 (1) No authorization shall be issued under section 16 or 17 if the authorization officer has data indicating that the quantity of the deleterious substances to be authorized has had or will have a significant effect on fish, fish habitat or the use by man of fish that is more adverse than if the quantities were the maximum quantities authorized under section 14.

• (2) An authorization shall be issued in the form set out in Schedule IV.

• (3) The authorization officer may amend or withdraw any authorization if

  • (a) new data indicate that the quantity of the substances, authorized by the authorization officer, has had or will have a significant effect on fish, fish habitat or the use by man of fish that is more adverse than if the quantities were the maximum quantities authorized under section 14;

  • (b) any of the grounds on which the authorization was issued ceases to be true;

  • (c) an owner or operator has not taken all applicable preventative measures at the production stage to reduce the BOD of the BOD matter, the quantity of suspended solids or the lethality in respect of the effluent to be treated; or

  • (d) there is a change in any information provided under section 3, 4 or 5 of Schedule III.

• (4) Before issuing, amending or withdrawing an authorization, the authorization officer shall consult with officials in the Department of Fisheries and Oceans and, if the authorization officer is a provincial official, with officials in the federal Department of the Environment. The authorization officer may also consult with any other person, body or group that has an interest in the authorization.

Maximum BOD and Maximum Quantity of Suspended Solids Authorized Under an Authorization

• 19 (1) The maximum BOD of the BOD matter and the maximum quantities of suspended solids that the owner or operator of a mill referred to in paragraph 15(1)(a) may be authorized to deposit, or to permit the deposit of, under an authorization are as follows:

  • (a) in respect of a daily period, the amounts determined using the formula

    Q_d = (F × 2.5 × RPR) + [0.375 × (B_o or S_o)]

  and

  • (b) in respect of a month, the amounts determined using the formula

    Q_m = (F × D × 1.5 × RPR) + [0.225 × (B_o or S_o) × D]

    where

    B_o

    is the average daily BOD of the BOD matter in the waste water from sources other than a mill before it is treated by the mill, calculated for the preceding calendar year and expressed in kilograms,

    D

    is the number of calendar days in the month,

    F

    is equal to a factor of 5 for BOD and 7.5 for suspended solids, expressed in kilograms per tonne of finished product,

    Q_d

    is the maximum BOD of the BOD matter that may be deposited during a daily period or the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms,

    Q_m

    is the maximum BOD of the BOD matter that may be deposited during a month or the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms,

    RPR

    is the reference production rate of the mill for all finished product, expressed in tonnes per day, and

    S_o

    is the average daily quantity of suspended solids in the waste water from sources other than a mill before it is treated by the mill, calculated for the preceding calendar year and expressed in kilograms.

• (2) The values of B_o and S_o and the supporting data referred to in paragraph 7(1)(h) for each calendar year shall be submitted to the authorization officer no later than January 31 of the following calendar year.

• (3) If there are insufficient data on which to calculate the values of B_o and S_o, an estimate of those values may be made based on the data that are available.

20 The maximum BOD of the BOD matter and the maximum quantities of suspended solids that the owner or operator of a mill referred to in paragraph 15(1)(b) may be authorized to deposit, or to permit the deposit of, under an authorization are as follows:

• (a) in respect of a daily period, the amounts determined using the formula

  Q_d = (F₁ × 2.5 × RPR₁) + (F₂ × 2.5 × RPR₂)

and

• (b) in respect of a month, the amounts determined using the formula

  Q_m = (F₁ × D × 1.5 × RPR₁) + (F₂ × D × 1.5 × RPR₂)

  where

  D

  is the number of calendar days in the month,

  F₁

  is equal to a factor of 5 for BOD and 7.5 for suspended solids, expressed in kilograms per tonne of finished product other than dissolving grade sulphite pulp,

  F₂

  is equal to a factor of 18 for BOD and 25 for suspended solids, expressed in kilograms per tonne of dissolving grade sulphite pulp,

  Q_d

  is the maximum BOD of the BOD matter that may be deposited during a daily period or the maximum quantity of suspended solids that may be deposited during a daily period, expressed in kilograms,

  Q_m

  is the maximum BOD of the BOD matter that may be deposited during a month or the maximum quantity of suspended solids that may be deposited during a month, expressed in kilograms,

  RPR₁

  is the reference production rate of the mill for all finished product other than dissolving grade sulphite pulp, expressed in tonnes per day, and

  RPR₂

  is the reference production rate of the mill for dissolving grade sulphite pulp, expressed in tonnes per day.

21 [Repealed, SOR/2012-140, s. 13]

22 to 26 [Repealed, SOR/2004-109, s. 15]

Information on Outfall Structures

• 27 (1) The information on outfall structures required by paragraph 7(1)(j) is as follows:

  • (a) a general description of each outfall structure, together with its plans and specifications; and

  • (b) a description of the portion of each outfall structure situated at the point at which effluent is deposited, as it pertains to the dispersion of deleterious substances, and more particularly a description of the design, location and maintenance of that portion.

• (2) The information on each outfall structure shall be submitted no later than

  • (a) 30 days after the day on which this subsection comes into force; or

  • (b) the day on which the mill becomes subject to these Regulations, if that day is after the period referred to in paragraph (a).

• (3) The information on any proposed change to an outfall structure shall be submitted at least 90 days before the change is made.

Environmental Effects Monitoring Studies

• 28 (1) The owner or operator of a mill shall conduct environmental effects monitoring studies of the potential effects of effluent on the fish population, on fish tissue and on the benthic invertebrate community.

• (2) Environmental effects monitoring studies consist of the sublethal toxicity testing referred to in section 29 and the biological monitoring studies referred to in section 30.

• (3) The studies shall be performed and their results recorded, interpreted and reported in accordance with generally accepted standards of good scientific practice at the time that the studies are performed.

• (4) The owner or operator shall submit to the authorization officer reports of the results of the studies in writing and the supporting data in the electronic format provided by the federal Department of the Environment.

• 29 (1) Sublethal toxicity testing shall be conducted in accordance with section 2 of Schedule IV.1, twice in each calendar year, on the aliquots of effluent samples collected in accordance with section 3 of Schedule II from the outfall structure that has potentially the most adverse environmental impact.

• (2) A report on the sublethal toxicity tests shall be prepared twice in each calendar year and submitted to the authorization officer within three months after the completion of the tests.

• (3) Despite subsections (1) and (2), the owner or operator of a mill that deposits effluent from the outfall structure referred to in subsection (1) on fewer than 120 days in any calendar year is required to conduct and submit the report on the sublethal toxicity tests only once in respect of that calendar year.

• (4) Despite subsections (1) to (3), the owner or operator of a mill is not required to conduct sublethal toxicity testing and submit a report on the sublethal toxicity tests if the mill has not produced pulp or paper products for at least eight consecutive months and has not resumed production.

• 30 (1) Biological monitoring studies shall be conducted and an interpretive report shall be submitted to the authorization officer, in accordance with sections 3 to 12 of Schedule IV.1, within three years, after

  • (a) the day on which a mill first becomes subject to these Regulations, which day shall not precede the coming into force of this section; or

  • (b) the day on which a mill again becomes subject to these Regulations after having not produced pulp or paper products for at least eight consecutive months, which day shall not precede the coming into force of this section.

  • (c) [Repealed, SOR/2012-140, s. 15]

  • (d) [Repealed, SOR/2008-239, s. 8]

• (2) Subject to subsections (3) to (5), subsequent biological monitoring studies shall be conducted and interpretive reports shall be submitted to the authorization officer within three years after the day on which the most recent interpretive report was required to be submitted.

• (3) The time limit for conducting the subsequent biological monitoring study on the fish population, referred to in paragraph 3(a) of Schedule IV.1, and for submitting the interpretive report in relation to this study, is six years after the day on which the most recent interpretive report was required to be submitted if

  • (a) according to the two most recent interpretive reports, the study has found no effects on the fish population; or

  • (b) the most recent interpretive report indicates the solutions to eliminate the effects on the fish population.

• (4) The time limit for conducting the subsequent biological monitoring study on the benthic invertebrate community, referred to in paragraph 3(c) of Schedule IV.1, and for submitting the interpretive report in relation to this study, is six years after the day on which the most recent interpretive report was required to be submitted if

  • (a) according to the two most recent interpretive reports, the study has found no effects on the benthic invertebrate community; or

  • (b) the most recent interpretive report indicates the solutions to eliminate the effects on the benthic invertebrate community.

• (5) The owner or operator of a mill is not required to conduct biological monitoring studies if the mill has not produced pulp or paper products for at least eight consecutive months and has not resumed production.