Wastewater Systems Effluent Regulations

1. Wastewater Systems EffluentRegulations October 23, 2013

2. Presentation Outline • Introduction • Application • Types of wastewater systems • Part 1: Authorization to Deposit – Deleterious substances and authorization to deposit – Monitoring requirements – Record keeping – Reports (identification, monitoring, overflow) • Part 2: Transitional and Temporary Authorizations toDeposit – Transitional authorization – Temporary authorization to deposit un-ionized ammonia – Temporary bypass authorization – Exception to chlorine requirements • Coming into Force • Administration

3. Introduction • Wastewater Systems Effluent Regulations (WSER) were published in Canada Gazette, Part II on July 18, 2012 • The purpose of this presentation is to provide a brief overview of theWSER with a focus on upcoming requirements. • This document is intended to provide guidance only by reviewing some of the provisions of the Wastewater Systems Effluent Regulations. This document is not a substitute for reading the WSER and does not in any way supersede or modify the Fisheries Act or the WSER. In the event of an inconsistencybetween this document and the Act and/or the WSER, the Act and the WSER prevail. Individuals with specific legal problems are urged to seek advice from legal counsel.

4. Application • Applicable to wastewater systems that collect, or are designed to collect, an average volume of 100 mᶟ/d or more of influent (Subsection 2(1)) • Not applicable to: – Wastewater systems that collected less than 100 mᶟ/d of influent in the previous calendar year (Subsection 2(2)) – Wastewater systems in the Northwest Territories, Nunavut, and north of the 54th parallel in Québec and Newfoundland and Labrador (Subsection 2(3)) – Wastewater systems on the site of industrial, commercial or institutional facilities that are designed to collect less than 50% of blackwater and greywater combined (Subsection 2(4)) – Mills as defined in the Pulp and Paper Effluent Regulations (Subsection 2(5))

5. Types of Wastewater Systems • Intermittent (lagoons) (Paragraph 3(a)) – Hydraulic retention time (HRT) ≥ 90 days and maximum of 4discharge periods/year ▪ Discharge periods must be separated by at least 7 days of no discharge • Continuous – All other wastewater systems (Paragraph 3(b)) – Specific conditions for continuous discharging lagoons with HRT ≥ 5 days

6. Part 1: Authorization to Deposit • WSER authorize the deposit of effluent from the final discharge point of a wastewater system during a calendar year, quarter or month, that contains the prescribed deleterious substances (as per Section 5) - IF, as per subsection 6(1): ▪ The effluent meets the effluent quality standards for CBOD, SS, TRC and NH3 during the previous calendar year, quarter or month, and ▪ The effluent is not acutely lethal – OR IF, as per subsection 23(1), the deposit is made in accordance with a ▪ Transitional authorization ▪ Temporary authorization – To deposit un-ionized ammonia – To bypass a treatment process

7. Authorization to Deposit(continued) • Effluent quality standards are in effect January 1, 2015

8. Monitoring Requirements • Requirement to monitor the daily volume of influent or effluent (Section 7)began on January 1, 2013 – Intermittent system ▪ Continuous measure, measure rate of flow or estimate based on generally accepted engineering practices – Continuous system ▪ > 2500 mᶟ/d: continuous measure ▪ ≤ 2500 mᶟ/d: continuous measure or measure rate of flow ▪ Flow monitoring equipment must be installed by January 1,2013 (Section 9)

9. Monitoring Requirements (continued) • Monitoring of deleterious substances in effluent (Section 10) began onJanuary 1, 2013 – CBOD, SS, TRC (if used) and NH₃(NH₃monitoring requirement ends July 1,2014 except in cases where a Temporary Authorization to deposit un-ionized ammonia has been granted) ▪ Sampling frequency and type of samples vary based on the type of system and the volume of effluent deposited ▪ Test methods (Sections 12 to 14) • Acute lethality monitoring (Section 11) begins January 1,2015 – For systems > 2500 mᶟ/d – Sampling frequency varies based on the volume of effluent deposited and the results of recent tests – Rainbow trout acute lethality test with or without pH stabilization(EPS 1/RM/13 with or without EPS 1/RM/50) (Section 15) • Laboratory must be accredited to do the test (Section 16)

10. Record-Keeping Requirements • Records keeping requirements (Section 17) came into effect onJanuary 1, 2013. • Records for the final discharge point include: – Dates effluent was not deposited – Dates effluent was deposited and daily volume deposited – Average annual daily volume deposited – Information on monitoring equipment and its maintenance, if applicable (Subsection 17(c) – in effect upon registration of the WSER) – Results of laboratory analyses – Types of samples taken and dates of sampling

11. Record-Keeping Requirements (continued) • Records for combined sewer overflows (CSOs): – Dates effluent was deposited and for each day ▪ Duration of deposit (actual or estimated) ▪ Volume deposited (actual or estimated) – Monthly volume deposited (actual or estimated) – Number of days per month effluent was deposited • Records for receiving environment: – NH₃determinations in August if the system is under a temporary authorization for NH₃

12. Identification Report • Identification Reports were required to be submitted to Environment Canada by May 15, 2013 for any systems that were operational as of January 1, 2013. • For systems that became operational during 2013, the Identification Report must be submitted within 45 days of the system becoming operational. • Approximately two thirds of Ontario First Nations have not yet submitted Identification Reports. • Reports are submitted using the ERRIS database.

13. Identification Report (continued) • Required information (Section 18(1)) includes: – Name, civic and postal address, telephone number, and email address of the owner, operator and contact person – Name and civic address of the wastewater system, if any – Information about the wastewater system e.g. type (intermittent, continuous, continuous with HRT ≥ 5 days), type of treatment, entity that owns/operates it – Latitude and longitude of final discharge point, each overflow point, and point of entry for the final discharge point – Information related to the points of entry e.g. description of the water frequented by fish and the name of the water body – Annual average daily volume of effluent deposited for the previous calendar year and an indication of how it was determined

14. Monitoring Report • Required information (Subsection 19(1)) includes, – Number of days effluent was deposited and volume deposited – Average CBOD and SS – Maximum NH₃concentration, if applicable – Acutely lethal effluent or not, if applicable • Submitted electronically to the authorization officer within 45 days after the end of – Calendar year (Paragraph 19(2)(a)) (first report due February14, 2014) ▪ Intermittent systems ≤ 17500 mᶟ/d ▪ Continuous systems with HRT ≥ 5 days ≤ 2500 mᶟ/d – A quarter (Paragraph 19(2)(b)) (first report due May 15, 2013) ▪ Any other case

15. Combined Sewer Overflow Report • Applies to wastewater systems with at least one combined sewer overflow point • Required information (Section 20) includes: – Volume (actual or estimated) of effluent deposited in each month – Number of days effluent was deposited in each month – Indication of each month there was no overflow, if applicable • Submitted to the authorization officer by February 15of the following year (first report due February 15,2014)

16. Record Making and Document Retention • Records must be made without delay (Section 21) • All records and reports must be kept for 5 years (Subsection 22 (1)) • – Exceptions (Subsection 22(3)): • ▪ Records related to flow monitoring equipment must be kept for at least 5 years after equipment is no longer used • ▪ Records related to ID report must be kept for at least 5 years after decommissioning of the system • Keep records and documents at the wastewater system or at any other place where it is available for inspection (Subsection 22(2))

17. Part 2: Transitional and Temporary Authorizations • Effluent from the final discharge point that does not meet the effluent quality standards may be deposited if the deposit is made in accordance with an authorization issued under Part 2 (Section 23) • Types of Authorizations: – Transitional authorization to achieve secondary wastewater treatment (Sections 24 to 33) – Temporary authorization to deposit un-ionized ammonia when effluent is acutely lethal due to un- ionized ammonia (Sections 34 to 42) – Temporary authorization to bypass (Sections 43 to 47)

18. Transitional Authorization • May be applied for, beginning January 1, 2013, if the average CBOD and/or SS exceeded 25 mg/L in the effluent deposited from the final discharge point during the specified period(s) (Section 24) • Application must be submitted electronically to the authorization officer no laterJune 30, 2014 • Required information (Section 25) includes: – Effluent quality and quantity and description of the water where effluent is deposited – Number of points allocated to the final discharge point (Schedule 2)and, if used, to a combined sewer overflow point (Schedule 3) – Plan for the modifications to be made to the system to achieve secondary treatment, or equivalent – Plan for the modifications to be made to reduce combined sewer overflows (if Schedule 3 is used)

19. Transitional Authorization (continued) • Schedule 2 • – Points allocated to the final discharge point are based on: • ▪ Annual average daily volume • ▪ Average CBOD, SS, TRC and NH₃ • ▪ Description of water where effluent is deposited via final discharge point • Schedule 3 (Optional) • – Points allocated to a CSO point based on: • ▪ Estimated ADWF* at CSO point / Estimated ADWF at final discharge point • ▪ # of overflows in a year • ▪ Description of water where effluent is deposited via overflow point • *ADWF: average dry weather flow

20. Transitional Authorization (continued) • Transitional authorization period (Subsection 26(2)) will begin onJanuary 1, 2015 and will end on: – December 31, 2020, if points ≥ 70 based on Schedule 2 – December 31, 2030, if points ≥ 50 to < 70 based on Schedule 2 – December 31, 2040 ▪ If points < 50 based on Schedule 2; or ▪ If points ≥ 50 based on Schedule 2 and total points based on Schedule 3 ≥total points on Schedule 2 • Transitional authorization may expire early (Section 33) if the effluent was not acutely lethal and met the CBOD and SS averages of 25 mg/L during specified periods

21. Transitional Authorization (continued) • The transitional authorization indicates the site-specific authorized concentrations of the prescribed deleterious substances for the duration of the transitional authorization (Section 30) • The holder of a transitional authorization must: – Meet the site-specific authorized concentrations (Section 28) – Satisfy compliance obligations (Section 29) ▪ Similar to those for systems meeting the standards (e.g. monitor effluent quantity and quality) ▪ Upgrade the system according to the plan for modification and the implementation schedule submitted ▪ Submit progress reports on the steps taken to implement the plan – Submit a revised plan if changes are made to it (Section 27) • Upon expiry, effluent quality standards for CBOD and SS must be met

22. Temporary Authorization to Deposit Un-Ionized Ammonia (NH₃) • If effluent deposited via the final discharge point is acutely lethal because of NH₃, an application for a temporary authorization may be submitted (Subsection34(1)), beginning January 1, 2013, if: – NH₃concentration in the water, 100 m from the point of entry, is ≤ 0.016 mg/L N; and – Acute lethality of effluent is primarily due to NH₃ determined by ▪ Rainbow trout acute lethality test failure primarily because ofNH₃(Paragraph 34(1)(a)); or ▪ Effluent NH₃concentration ≥ 1.25 mg/L N (Paragraph34(1)(b))

23. Temporary Authorization to Deposit NH₃ (continued) Initial application for a temporary authorization must be submitted electronically to the authorization officer within30 days after the determination of acutely lethal effluent due to NH₃ (Subsection 34(5)) Issued for a period of three years (Section 36) with possibility of extension for successive periods of three years (Subsection 40(1)) Applications to extend must be made at least 90 days before the expiry date (Subsection 34(5))

24. The holder of an NH₃authorization is authorized to deposit effluent that: – Meets the standards for CBOD, SS and TRC (Paragraph37(a)) – Results in an NH₃concentration in the water, 100 m from the point of entry, of ≤ 0.016 mg/L N (Paragraph 37(b)) – Satisfies the compliance obligations (Section 38) ▪ Similar to those for systems meeting the standards (e.g. monitor effluent quantity and quality) ▪ Monitor NH₃at the same frequency as CBOD and SS ▪ Determine the concentration of NH₃in the water once each August by using a total ammonia test or method of estimation, and report the result Temporary Authorization to Deposit NH₃ (continued)

25. Application for a temporary bypass authorization (Section 43) – May be made for construction work or maintenance on the system; or in response to an anticipated event beyond owner or operator control – Bypass must be designed to minimize the volume of effluent and the concentration of the prescribed deleterious substances deposited – Must be submitted electronically to the authorization officer at least45 days before the bypass is to occur, beginning January 1, 2015 Content of application (Section 44): – Information on location, period, duration, estimated volume of effluent – Explanation of how the impact of the bypass will be minimized Temporary Bypass Authorization

26. Exception to Chlorine Requirements • Beginning on January 1, 2015, systems that use chlorine (or one of it’s compounds) in the treatment of effluent must meet the effluent quality standard for chorine (average concentration not to exceed 0.02 mg/L). • The WSER creates an exception for systems that deposit an average daily volume of < 5000 mᶟ. • For these types of systems, the requirement to meet the effluent quality standard for chorine does not come into effect until January 1, 2021.

27. Definitions (Section 1) Application (Sections 2, 3 & 4) Deleterious substances (Section 5) Monitoring equipment requirements (Section 9) Record keeping for monitoring equipment (Paragraph17(c)) Record making and retention of documents (Sections21 & 22) Coming into force (Section 50) Provisions in Force as of June 29, 2012

28. Provisions in Force as of January 1, 2013 • Averaging period, determination of averages and maximum, conditions (Subsections 6(2) to (6)) • Determining average daily effluent volume (Sections 7 & 8) • Effluent monitoring (Section 10) • Test methods for CBOD, SS, un-ionized ammonia and accredited lab • (Sections 12, 13, 14 & 16) • Recording of deposits and effluent volume from final discharge points andCSOs (Section 17, excluding 17(c)) • Identification report (Section 18) • Monitoring report (Section 19) • CSO report (Section 20) • Transitional authorization application, requirements and content(Sections 23 to 27, 30 & 31) • Temporary authorization to deposit NH₃application, requirements, content (Sections 34, 35, 36, 39, and 41) • Applications submitted electronically (Section 48) • Registry of authorizations (Section 49)

29. Coming into Force on January 1, 2015 • TRC standard for systems ≥ 5000 mᶟ/d and CBOD, SS and NH₃standards, non-acutely lethal effluent (Subsection 6(1)) • Conditions to deposit (Subsection 6(7)) • Acute lethality testing, if applicable and test methods for acute lethality(Sections 11 & 15) • Specific limits in transitional authorizations (TA) and compliance obligations (Sections 28 & 29, excluding paragraph 28(1)(c)) • Revocation and early expiry of TA (Sections 32 & 33) • Conditions and compliance obligations on temporary authorization forNH₃(Sections 37 & 38) • Extension of temporary authorization for NH₃(Section 40) • Revocation of temporary authorization for NH₃(Section 42) • Temporary bypass authorization application, requirements and conditions (Sections 43 to 47)

30. Coming into Force on January 1, 2021 • Effluent quality standard for TRC for systems < 5000 mᶟ/d (Paragraph 6(1)(c)) • Conditions on transitional authorizations for TRC < 5000 mᶟ/d (Paragraph 28(1)(c))

31. Administration • EC is working to establish agreements with the provinces and Yukon to reduce administrative burden for federal and provincial regulatory requirements and to set out procedures for cooperation between federal and provincial regulators • Authorization Officer (Schedule 1): – Receives reports and applications for authorizations – Manager, Wastewater Section, Environment Canada or a provincial official where an agreement is in place • Reports and applications must be submitted electronically through Environment Canada’s Effluent Regulatory Reporting Information System (ERRIS) database.

32. Additional Information • The Wastewater Systems Effluent Regulationsare available on-line at:http://lawslois.justice.gc.ca/eng/regulations/SOR-2012-139/FullText.html • Additional information may also be obtained atEC’s website: www.ec.gc.ca/eu-ww • Questions may be sent to ww-eu@ec.gc.caor call 819-994-2329