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Wastewater Systems Effluent Regulations (SOR/2012-139)

Regulations are current to 2024-05-28 and last amended on 2024-05-27. Previous Versions

Wastewater Systems Effluent Regulations

SOR/2012-139

FISHERIES ACT

Registration 2012-06-29

Wastewater Systems Effluent Regulations

P.C. 2012-942 2012-06-28

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 36(5) and paragraphs 43(g.1)Footnote a, (g.2)Footnote a and (h) of the Fisheries ActFootnote b, hereby makes the annexed Wastewater Systems Effluent Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Fisheries Act. (Loi)

acutely lethal

acutely lethal, in relation to effluent, means that the effluent at 100% concentration kills, during a 96-hour period, more than 50% of the rainbow trout subjected to it. (létalité aiguë)

aquatic species

aquatic species[Repealed, SOR/2024-97, s. 1]

authorization officer

authorization officer, in respect of a province set out in column 1 of Schedule 1 and for each type of owner set out in column 2 of a wastewater system located in the province, means the holder of the position set out in column 3. (agent d’autorisation)

authorized representative

authorized representative means

  • (a) in respect of an owner or operator who is an individual, that individual or another individual or an entity that is authorized to act on their behalf;

  • (b) in respect of an owner or operator that is a corporation, an employee of the corporation, or another individual or an entity that is authorized to act on behalf of the corporation; and

  • (c) in respect of an owner or operator that is an entity other than a corporation, an individual or entity that is authorized to act on its behalf. (représentant autorisé)

blackwater

blackwater means used water from sanitary appliances that contains human fecal matter or human urine. (eaux-vannes)

bypass

bypass, in relation to wastewater, means

  • (a) the diversion of wastewater to an overflow point; or

  • (b) the circumvention or the removal of one or more treatment steps normally applied to the wastewater before it is deposited as effluent, in any water or place referred to in subsection 36(3) of the Act, via a final discharge point. (dérivation)

carbonaceous biochemical oxygen demanding matter

carbonaceous biochemical oxygen demanding matter or CBOD matter means carbonaceous matter that consumes, by biochemical oxidation, oxygen dissolved in water. (matières exerçant une demande biochimique en oxygène de la partie carbonée ou matière exerçant une DBOC)

combined sewer

combined sewer means a sewer that is designed to collect surface runoff and stormwater in such a manner that it mixes with wastewater referred to in any of paragraphs (a) to (c) of the definition wastewater or any combination of wastewater referred to in those paragraphs. (égout unitaire)

composite sample

composite sample means

  • (a) a composite sample as defined by the government of the province where the wastewater system is located, or under an Act of Parliament, if the definition applies to the wastewater system;

  • (b) a quantity of effluent consisting of not less than three equal volumes or three volumes proportionate to the rate of flow that have been collected at approximately equal time intervals over

    • (i) the period during which effluent is deposited, if effluent is deposited only during part of the day, or

    • (ii) a sampling period of not less than seven hours and not more than 24 hours, if effluent is deposited throughout the day; or

  • (c) a quantity of effluent collected continuously at a constant rate or at a rate proportionate to the rate of flow of the effluent over

    • (i) the period during which effluent is deposited, if effluent is deposited only during part of the day, or

    • (ii) a sampling period of not less than seven hours and not more than 24 hours, if effluent is deposited throughout the day. (échantillon composite)

effluent

effluent means wastewater that is deposited from a wastewater system. (effluent)

final discharge point

final discharge point means any point of a wastewater system, other than an overflow point, beyond which the owner or operator of the system no longer exercises control over the quality of the wastewater before it is deposited as effluent in water or a place. (point de rejet final)

greywater

greywater means used water, other than blackwater, from sanitary appliances or from other appliances in a kitchen or laundry. (eaux grises)

hydraulic retention time

hydraulic retention time, in relation to a wastewater system, means the average period during which wastewater is retained for treatment and storage prior to release from that system. (temps de rétention hydraulique)

influent

influent means wastewater entering a wastewater system. (affluent)

licensed professional

licensed professional means a licensed member of an engineering or scientific professional organization who has technical expertise in the field in question. (professionnel agréé)

overflow point

overflow point means a point of a wastewater system via which excess wastewater may be deposited in water or a place and beyond which its owner or operator no longer exercises control over the quality of wastewater before it is deposited as effluent. (point de débordement)

point of entry

point of entry, in relation to the final discharge point or an overflow point of a wastewater system, means

  • (a) the point where effluent is deposited in water frequented by fish via the final discharge point or the overflow point, as the case may be; or

  • (b) any point where the effluent enters that water from the place where it was deposited via the final discharge point or the overflow point, as the case may be. (point d’entrée)

previous calendar year

previous calendar year, in respect of a given period and a wastewater system, means the most recent calendar year during which effluent was deposited via the system’s final discharge point that ended before the given period. (année civile précédente)

previous month

previous month, in respect of a given period and a wastewater system, means the most recent month during which effluent was deposited via the system’s final discharge point that ended before the given period. (mois précédent)

previous quarter

previous quarter, in respect of a given period and a wastewater system, means the most recent quarter during which effluent was deposited via the system’s final discharge point that ended before the given period. (trimestre précédent)

Procedure for pH Stabilization EPS 1/RM/50

Procedure for pH Stabilization EPS 1/RM/50 means the Procedure for pH Stabilization During the Testing of Acute Lethality of Wastewater Effluent to Rainbow Trout (EPS 1/RM/50), March 2008, published by the Department of the Environment, as amended from time to time. (Procédure de stabilisation du pH SPE 1/RM/50)

protected aquatic species

protected aquatic species means an aquatic species as defined in subsection 2(1) of the Species at Risk Act that is

  • (a) a species at risk as defined in that subsection or a species that is listed in Schedule 1 to that Act; or

  • (b) a species that is protected — or classified as an endangered species or threatened species as defined in that subsection — under the laws of a province. (espèce aquatique protégée)

protected species

protected species[Repealed, SOR/2024-97, s. 1]

quarter

quarter, in respect of a year, means a period of three months that begins on the first day of January, April, July or October. (trimestre)

Reference Method EPS 1/RM/13

Reference Method EPS 1/RM/13 means the Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (EPS 1/RM/13 Second Edition), December 2000 with May 2007 amendments, published by the Department of the Environment, as amended from time to time. (Méthode de Référence SPE 1/RM/13)

sanitary sewer

sanitary sewer means a sewer that is designed to collect wastewater referred to in any of paragraphs (a) to (c) of the definition wastewater or any combination of wastewater referred to in those paragraphs. (égout sanitaire)

suspended solids

suspended solids or SS means any solid matter contained in effluent that is retained on a filter that has a nominal pore size of 1.5 micrometres or smaller. (matières en suspension ou MES)

total residual chlorine

total residual chlorine means the sum of free chlorine and combined chlorine, including inorganic chloramines. (chlore résiduel total)

wastewater

wastewater means

  • (a) blackwater;

  • (b) greywater that is mixed with blackwater;

  • (c) used water — other than blackwater and greywater — from an industrial, commercial or institutional facility that is mixed with blackwater; or

  • (d) surface runoff and stormwater that is mixed with blackwater. (eaux usées)

wastewater system

wastewater system means any work or undertaking, at least part of which is located on land, that is used for the collection and deposit of wastewater, whether or not the wastewater is treated, and includes a site that contains a wastewater lagoon. (système d’assainissement)

Application

Marginal note:Application

  •  (1) These Regulations apply in respect of a wastewater system that, when it deposits effluent via one or more final discharge points, deposits a deleterious substance prescribed in section 5 in any water or place referred to in subsection 36(3) of the Act and that

    • (a) is designed to collect an average daily volume of 100 m3 or more of influent; or

    • (b) during any calendar year, collects an average daily volume of 100 m3 or more of influent.

  • Marginal note:Annual exceptions

    (2) Despite paragraph (1)(a), these Regulations do not, for the subsequent calendar year, apply in respect of a wastewater system referred to in that paragraph that, during a calendar year, collected an average daily volume of less than 100 m3 of influent.

  • Marginal note:Non‑applica­tion — areas

    (3) These Regulations do not apply in respect of a wastewater system located

    • (a) in the Northwest Territories;

    • (b) in Nunavut; or

    • (c) north of the 54th parallel in Quebec or Newfoundland and Labrador.

  • Marginal note:Non‑applica­tion — industrial, commercial or institutional influent

    (4) These Regulations do not apply in respect of a wastewater system that is located on the site of an industrial, commercial or institutional facility if the wastewater system is designed to collect influent whose volume consists of less than 50% blackwater and greywater combined.

  • Marginal note:Non‑applica­tion — pulp and paper mills

    (5) These Regulations do not apply in respect of a mill as defined in section 2 of the Pulp and Paper Effluent Regulations.

Marginal note:Types of wastewater systems

 For the purpose of these Regulations, there are two types of wastewater systems, as follows:

  • (a) an intermittent wastewater system, namely, one with a hydraulic retention time of at least 90 days that deposits effluent via its final discharge point during at most four periods per calendar year, each of which is separated from every other period by at least seven clear days during which no deposit occurs; and

  • (b) a continuous wastewater system, namely, any wastewater system other than an intermittent wastewater system.

Marginal note:Consolidated wastewater systems

  •  (1) If an owner of at least two original wastewater systems — none of which treats its wastewater in a manner that would permit the deposit of effluent, via its final discharge points, that meets the condition set out in paragraph 6(1)(a) or (b) — plans to consolidate those original wastewater systems into a future consolidated wastewater system, the original wastewater systems that will be consolidated constitute a fictional consolidated wastewater system during the period beginning on the day on which a consolidation plan that meets the requirements of subsection (3) is received by an authorization officer and ending on the day on which the future consolidated wastewater system is put into service.

  • Marginal note:Final discharge point

    (2) The final discharge point of the fictional consolidated wastewater system is considered to be the final discharge point of the original wastewater systems that is allocated the greatest number of points under the table to Schedule 2.

  • Marginal note:Consolidation plan

    (3) The consolidation plan must contain a description of the modifications to be made to each of the original wastewater systems, including a description of the modifications to be made to their processes, so that the effluent deposited via the final discharge point of the future consolidated wastewater system will not be acutely lethal and will meet the conditions for authorization set out in subsection 6(1), along with a schedule for implementation of the plan.

PART 1Authorization to Deposit

Effluent Containing Deleterious Substances

Marginal note:Prescribed deleterious substances

 For the purpose of the definition deleterious substance in subsection 34(1) of the Act, the following substances or classes of substances are prescribed as deleterious substances:

  • (a) carbonaceous biochemical oxygen demanding matter;

  • (b) suspended solids;

  • (c) total residual chlorine; and

  • (d) un-ionized ammonia.

Marginal note:Authorization to deposit

  •  (1) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a wastewater system may — during a given calendar year, quarter or month, as determined in accordance with subsection (2) — deposit or permit the deposit of effluent that contains any of the deleterious substances prescribed in section 5 of these Regulations via each of the system’s final discharge points in any water or place referred to in subsection 36(3) of the Act if the effluent is not acutely lethal as determined in accordance with section 15, the maximum concentration of un-ionized ammonia in the effluent is less than 1.25 mg/L, expressed as nitrogen (N), at 15˚C ± 1˚C, and — during the previous calendar year, previous quarter or previous month, as the case may be — the effluent met the following conditions:

    • (a) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent did not exceed 25 mg/L;

    • (b) the average concentration of suspended solids in the effluent did not exceed 25 mg/L; and

    • (c) the average concentration of total residual chlorine in the effluent did not exceed 0.02 mg/L, if chlorine, or one of its compounds, was used in the treatment of wastewater.

    • (d) [Repealed, SOR/2024-97, s. 4]

  • Marginal note:Averaging periods

    (2) The maximum concentration and the averages referred to in subsection (1) must be determined on the following basis:

    • (a) each calendar year, if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was

      • (i) less than or equal to 17 500 m3, for an intermittent wastewater system, and

      • (ii) less than or equal to 2 500 m3, for a continuous wastewater system with a hydraulic retention time of five or more days or for a continuous wastewater system that is the subject of a transitional authorization;

    • (b) each quarter, if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was

      • (i) greater than 2 500 m3 and less than or equal to 17 500 m3, for a continuous wastewater system with a hydraulic retention time of five or more days, and

      • (ii) less than or equal to 17 500 m3, for any other continuous wastewater system; and

    • (c) each month, if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was greater than 17 500 m3.

  • Marginal note:Determination of averages

    (3) The averages referred to in paragraphs (1)(a) and (b) must be determined

    • (a) for an intermittent wastewater system, based on samples of effluent referred to in subsection 10(1) and, if applicable, subsection 10(2), in accordance with subsection 10(6); and

    • (b) for a continuous wastewater system, based on samples of effluent referred to in, as the case may be, subsection 10(3) or (4), in accordance with subsection 10(6).

  • Marginal note:Determinations for additional samples

    (4) The determination of averages made in accordance with subsection (3) must take into account the results of the determination, by a laboratory referred to in section 16, of the elements referred to in subsection 10(6) for any sample in excess of the number of samples required by subsections 10(1) to (4).

  • Marginal note:Average of SS during certain months

    (5) For an intermittent wastewater system or a continuous wastewater system with a hydraulic retention time of five or more days, the determination of the average referred to in paragraph (1)(b) is not to take into account the result of any determination of the concentration of suspended solids in a sample of effluent referred to in paragraph 10(6)(b) that was taken during any four months during the period beginning on May 1 and ending on November 30, if that result is greater than 25 mg/L and is caused by a bloom of algae or proliferation of aquatic invertebrates.

  • Marginal note:SS average deemed 0 mg/L

    (6) If subsection (5) applies to every sample referred to in paragraph (3)(a) or (b) that is used to determine the average referred to in paragraph (1)(b), that average is deemed to be 0 mg/L.

  • Marginal note:Conditions

    (7) The authorization granted to an owner or operator under subsection (1) is conditional on the owner or operator

    • (a) determining the average daily volume of effluent deposited annually via the final discharge point in accordance with section 7;

    • (b) for an intermittent wastewater system, either installing, maintaining and calibrating the monitoring equipment referred to in subparagraph 7(2)(a)(i) or establishing a method of estimation referred to in subparagraph 7(2)(a)(ii) and applying and updating it in accordance with subsection 7(4);

    • (c) for a continuous wastewater system, either installing, maintaining and calibrating the monitoring equipment referred to in subparagraph 7(2)(b)(i) or establishing a method of estimation referred to in subparagraph 7(2)(b)(ii) and applying and updating it in accordance with subsection 7(4);

    • (d) monitoring effluent in accordance with sections 10 and 11 and sending a monitoring report in accordance with section 19;

    • (e) keeping the record required under section 17;

    • (f) sending an identification report in accordance with section 18;

    • (g) sending the overflow report, if applicable, required under section 20 in accordance with subsections 19(4) and (5); and

    • (h) installing, operating and maintaining a dechlorination system – if chlorine, or one of its compounds, is being used in the treatment of wastewater – so that the concentration of total residual chlorine in a grab sample of effluent does not exceed 0.10 mg/L when measured using a total residual chlorine instrument or test in accordance with standards of good scientific practice that are generally accepted at the time of the sampling.

 

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