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

31 [Repealed, SOR/2008-239, s. 9]

Reports of Deposits out of the Normal Course of Events

• 32 (1) For the purpose of subsection 38(4) of the Act, the person occupying the position set out in column II of Schedule VI for the province, set out in column I, where the mill is located is a prescribed person.

• (2) Any person required by subsection 38(4) of the Act to report the occurrence of a deposit of a deleterious substance out of the normal course of events shall, if a deposit has occurred, submit a written report to an inspector or the person referred to in subsection (1) as soon as possible in the circumstances, but at the latest 30 days after the day on which the deposit occurred.

• (3) For the purpose of evaluating the effect of a deposit out of the normal course of events that has occurred from an outfall structure, the operator shall, in accordance with subsection 2(1) of Schedule II and as soon as possible in the circumstances,

  • (a) collect a grab sample from the outfall structure through which the deposit occurred and subject the sample to

    • (i) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition, and

    • (ii) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/14 Second Edition; and

  • (b) subject another sample, collected from the outfall structure through which the deposit occurred in accordance with section 6 of Schedule II, to a BOD test.

• (4) The collecting and testing of a sample under subsection (3) are not required if, for the purpose of monitoring effluent under paragraph 7(1)(b), the same sample has already been collected and the same test has been conducted whose result permits the determination of the effect of the deposit out of the normal course of events.

• (5) The written report shall contain the following information:

  • (a) the BOD of the BOD matter that was deposited, and the quantity of suspended solids that was deposited, that exceeded the maximum respective quantities authorized by section 14 or under an authorization or, if either of them cannot be determined, an estimate of that BOD or of that quantity of suspended solids, or both, along with information and supporting data on how the estimate was derived;

  • (b) an estimate of the BOD of the BOD matter that was deposited during any period in which the monitoring equipment was malfunctioning, and of the quantity of suspended solids that was deposited during that period, along with information and supporting data on how the estimate was derived;

  • (c) the volume or, if the volume cannot be determined, an estimate of the volume of acutely lethal effluent that was deposited and the results of the test that was conducted pursuant to subparagraph (3)(a)(i) or any test that meets the criteria of subsection (4);

  • (d) the results of the test that was conducted pursuant to subparagraph (3)(a)(ii) or any test that meets the criteria of subsection (4);

  • (e) the quantity of any deleterious substance that was deposited in any way other than through an outfall structure in respect of which a plan had been provided in accordance with paragraph 27(1)(a) or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived;

  • (f) the quantity of any deleterious substance that was deposited through an outfall structure through which untreated effluent is deposited or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived; and

  • (g) the circumstances of the deposit, the measures that were taken to mitigate the effects of the deposit and, if the emergency response plan prepared in accordance with section 11 was implemented, details concerning its implementation.

PART 2Port Alberni Mill

Application

33 This Part applies in respect of the Port Alberni Mill.

Authority to Deposit

• 34 (1) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of the mill may deposit, or permit the deposit of, BOD matter in Alberni Inlet if the BOD of the BOD matter does not exceed

  • (a) during any daily period, 5 641 kg; and

  • (b) during any month, an average of 3 385 kg per daily period.

• (2) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of the mill may deposit, or permit the deposit of, suspended solids in Alberni Inlet if the quantity of suspended solids does not exceed

  • (a) during any daily period, 10 154 kg; and

  • (b) during any month, an average of 6 092 kg per daily period.

• (3) The authority to deposit BOD matter and suspended solids conferred by subsections (1) and (2) does not confer any authority to deposit acutely lethal effluent.

• (4) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of the mill may deposit, or permit the deposit of, any concentration of acutely lethal effluent, any BOD matter and any quantity of suspended solids into

  • (a) a treatment facility that is owned or operated by the owner of the factory; or

  • (b) if the factory is part of a complex, the common treatment facility for the factories that are part of the complex.

Conditions Governing Authority to Deposit

• 35 (1) The authority of the owner or operator of the mill under section 34 is conditional on the operator

  • (a) installing, maintaining and calibrating monitoring equipment, and keeping records of that equipment, in accordance with section 8;

  • (b) monitoring effluent in accordance with Schedule II and submitting to the authorization officer a monthly report of the monitoring results and production information in accordance with subsections 9(1) and (3), other than paragraphs (1)(d) and (f);

  • (c) notifying an inspector, without delay, of any result of a test conducted in accordance with Schedule II and of any result of any additional test that was conducted on samples collected in accordance with the procedures specified in that Schedule, other than in the case of a deposit out of the normal course of events, that indicates a failure or non-compliance with these Regulations, and reporting the test results in writing to the inspector within 10 days after the notification;

  • (d) submitting the identifying information to the authorization officer in accordance with paragraph 10(1)(a) and subsections 10(2) and (3);

  • (e) preparing and updating annually a remedial plan describing the measures to be taken by the operator to eliminate all unauthorized deposits of deleterious substances in the case where effluent fails an acute lethality test conducted in accordance with Schedule II;

  • (f) conducting a dissolved oxygen monitoring program in accordance with Schedule VII and submitting to the authorization officer data obtained from the program and reports in accordance with section 36;

  • (g) preparing an emergency response plan in accordance with section 11 and making it readily available on site to persons who are to implement the plan;

  • (h) submitting the information on outfall structures to the authorization officer in accordance with section 37, and depositing effluent only through those outfall structures;

  • (i) complying with the requirements for environmental effects monitoring studies set out in sections 28 and 29 and conducting biological monitoring studies and submitting an interpretive report to the authorization officer, in accordance with sections 3 to 12 of Schedule IV.1, no later than April 1, 2007, and, with respect to subsequent biological monitoring studies and reports, complying with the requirements of subsections 30(2) and (3); and

  • (j) keeping available for inspection

    • (i) for at least five years, the information and data specified in section 8.2 of Reference Method EPS 1/RM/13 Second Edition and section 8.2 of Reference Method EPS 1/RM/14 Second Edition,

    • (ii) for at least three years, the results of all pH levels and electrical conductivity tests conducted in accordance with Schedule II,

    • (iii) for at least five years, a remedial plan and every update of it,

    • (iv) for at least five years, an emergency response plan and every update of it, and

    • (v) for at least six years, all records, reports and data collected or prepared for the purposes of an environmental effects monitoring study.

• (2) The authority of the owner or operator of the mill under section 34 is also conditional on the operator

  • (a) not combining any treated effluent with water before the treated effluent is deposited; and

  • (b) not combining any treated effluent with any other effluent before the treated effluent is deposited, unless

    • (i) neither the treated effluent nor the other effluent is acutely lethal, and

    • (ii) the treated effluent and the other effluent are monitored in accordance with sections 17 to 19 of Schedule II before they are combined.

• (3) The authority of the owner of the mill under section 34 is, if the owner is not the same person as the operator, also conditional on the owner exercising all due diligence to ensure that the operator meets the applicable conditions specified in this section.

Submission of Data and Reports in Respect of the Dissolved Oxygen Monitoring Program

• 36 (1) The data obtained from the dissolved oxygen monitoring program referred to in paragraph 35(1)(f) shall be submitted to the authorization officer no later than 30 days after the end of the month in which the data are collected.

• (2) An interpretive report that describes and evaluates the data obtained from the dissolved oxygen monitoring program in any calendar year shall be submitted to the authorization officer no later than March 31 following that calendar year.

• (3) The data and the report shall be submitted electronically in the format provided by the federal Department of the Environment, but they shall be submitted in writing if

  • (a) no such format has been provided; or

  • (b) it is, owing to circumstances beyond the operator’s control, impracticable to submit them electronically in the format provided.

Information on Outfall Structures

• 37 (1) The information on outfall structures required by paragraph 35(1)(h) 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) Information on any proposed change to an outfall structure shall be submitted at least 90 days before the change is made.

Reports of Deposits out of the Normal Course of Events

• 38 (1) For the purpose of subsection 38(4) of the Act, the person occupying the position set out in item 6, column II, of Schedule VI is a prescribed person.

• (2) Any person required by subsection 38(4) of the Act to report the occurrence of a deposit of a deleterious substance out of the normal course of events shall, if a deposit has occurred, submit a written report to an inspector or the person referred to in subsection (1) as soon as possible in the circumstances, but at the latest 30 days after the day on which the deposit occurred.

• (3) For the purpose of evaluating the effect of a deposit out of the normal course of events that has occurred from an outfall structure, the operator shall, in accordance with subsection 2(1) of Schedule II and as soon as possible in the circumstances,

  • (a) collect a grab sample from the outfall structure through which the deposit occurred and subject the sample to

    • (i) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition, and

    • (ii) a test conducted in accordance with section 6 of Reference Method EPS 1/RM/14 Second Edition; and

  • (b) subject another sample, collected from the outfall structure through which the deposit occurred in accordance with section 6 of Schedule II, to a BOD test.

• (4) The collecting and testing of a sample under subsection (3) are not required if, for the purpose of monitoring effluent under paragraph 35(1)(b), the same sample has already been collected and the same test has been conducted whose result permits the determination of the effect of the deposit out of the normal course of events.

• (5) The written report shall contain the following information:

  • (a) the BOD of the BOD matter that was deposited, and the quantity of suspended solids that was deposited, that exceeded the maximum respective quantities authorized by section 34 or, if either of them cannot be determined, an estimate of that BOD or of that quantity of suspended solids, or both, along with information and supporting data on how the estimate was derived;

  • (b) an estimate of the BOD of the BOD matter that was deposited during any period in which the monitoring equipment was malfunctioning, and of the quantity of suspended solids that was deposited during that period along with information and supporting data on how the estimate was derived;

  • (c) the volume or, if the volume cannot be determined, an estimate of the volume of acutely lethal effluent that was deposited and the results of the test that was conducted pursuant to subparagraph (3)(a)(i) or any test that meets the criteria of subsection (4);

  • (d) the results of the test that was conducted pursuant to subparagraph (3)(a)(ii) or any test that meets the criteria of subsection (4);

  • (e) whether any sample of effluent failed an acute lethality test or a Daphnia magna test conducted in accordance with sections 17 and 18 of Schedule II;

  • (f) the quantity of any deleterious substance that was deposited in any way other than through an outfall structure in respect of which a plan had been provided in accordance with paragraph 37(1)(a) or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived;

  • (g) the quantity of any deleterious substance that was deposited through an outfall structure through which untreated effluent is deposited or, if the quantity cannot be determined, an estimate of the quantity along with information and supporting data on how the estimate was derived; and

  • (h) the circumstances of the deposit, the measures that were taken to mitigate the effects of the deposit and, if the emergency response plan prepared in accordance with section 11 was implemented, details concerning its implementation.