Wastewater Systems Effluent Regulations (Draft) Update

1. Wastewater Systems Effluent Regulations (Draft) Update Mohammed Karim, M.Eng., P.Eng. Senior Water & Wastewater Engineer Southern TC, LFN & UFN meeting Oct. 27 & 28, 2011 2011

2. Wastewater • Wastewater is composed of industrial, commercial, institutional and domestic wastes: chemicals, detritus (Fragments of organic particles), pathogens, toxic pollutants • Harmful impacts of wastewater are well documented

3. Wastewater Effluent From source to receiving water

4. Largest Point Source of Pollution • Over 4000 wastewater systems in Canada - 3500 owned by municipal governments - 500 located on federal and Aboriginal land • Uneven levels of treatment across Canada - Range from state-of-the-art to no treatment

5. Regulating Wastewater Effluent • Municipal systems subject to multiple requirements - Provincial or territorial/water board permits and federal Fisheries Act provisions • Systems on federal and Aboriginal lands subject to federal requirements- Fisheries Act and federal guidelines • Fisheries Act key provisions - Prohibition of the release of deleterious substances to water frequented by fish

6. Canadian Council of Ministers of the Environment (CCME) • CCME is a forum for the federal, provincial and territorial governments in Canada to develop strategies and guidelines • CCME Canada-wide Strategy for the Management of Municipal Wastewater Effluent (CCME Strategy) - Endorsed by Council of Ministers on 17 February 2009 - Quebec, Newfoundland & Labrador and Nunavut did not endorse - National effluent quality standards with risk-based implementation over 10, 20 30 years by EC • Responsibility to implement the CCME Strategy rests with each jurisdiction

7. Proposed Wastewater Systems Effluent Regulations • The Federal government’s principle instrument is to implement the CCME strategy as proposed • Published under the Fisheries ACT in Canada Gazette, Part I on March 20th., 2010 for a 60 –day comment period. • Would apply to any land-based wastewater system discharging to surface water including: - municipal waste water systems - private wastewater systems - wastewater systems under federal government operation and on federal and aboriginal lands - wastewater systems in the North not included initially

8. Effluent Quality Standards

9. Implementation timelines • Existing wastewater systems already meeting the effluent standards upon commissioning continue to meet the standards • New wastewater systems would meet the effluent quality standards upon commissioning • Wastewater systems not meeting the effluent quality standards would need to upgrade their systems to meet standards - 2020, 2030 or 2040 timeline depending on the risk associated with existing effluent quality and receiving environment

10. Activities to-date • The proposed WSER were published in Canada Gazette, Part I on March 20, 2010 for a 60-day comment period • The Regulations are made under the authority of the Fisheries Act • EC Received 190 comments from stakeholders and interested parties • Provinces and territories • Municipalities and their organizations • Federal departments and agencies • Industrial sectors and their organizations • OFNTSC, COO, AFN, CWWA, WEAO and others .

11. Status • Delayed coming into force • Categories of wastewater systems • Combined sewer overflow report

12. Proposed dates of Regulation • Coming into force at registration/publication By December 2011 (anticipated) • Consolidation plan may be submitted • Installation of monitoring equipment, if required and its record-keeping • Coming into force April 1, 2012 • ID report submitted until June 30, 2012 • Coming into force January 1, 2013 • Volume and substances monitoring • Record-keeping and reporting • Application for transitional authorization by June 30, 2014 • May apply for temporary authorization for NH3 from now on • Come into force January 1, 2015 • Effluent quality standards and non-acute lethality requirement apply • Acute lethality monitoring • Transitional authorizations are valid and site-specific limits apply • May apply for bypass authorization

13. Application to Wastewater Systems • Intermittent • Seasonal discharge lagoons • Continuous • Mechanical plant • Continuous discharge lagoons

14. Volume measurement & Sampling • Volume deposited based on continuous measurement or estimation based on measurement • Grab or composite samples at specified frequency • Annual average and annual reporting

15. Total Residual Chlorine • Standard applies if chlorine, or one of its compounds, was used in the treatment of wastewater • Timeline is January 1, 2015

16. Acute Toxicity Testing • Acute lethality monitoring starts on January 1, 2015

17. Monitoring • Volume monitoring can be done on either influent or effluent • All tests must be done in a lab accredited for the method

18. Identification Report • Submitted between April 1, 2012 and June 30, 2012 or not later than45 days after commissioning • Information pertaining to the wastewater system • Intermittent or continuous • Type of owner or operator • Federal, provincial, municipal, aboriginal organization, non-governmental • Type of treatment and description • Annual average daily volume for the calendar year before the report is made • Latitude and longitude in decimal degrees

19. Bypass Authorization • To be applied for when the bypass is required • With permit for construction of changes to the system; • With Permit to conduct of maintenance to the system; or • The plant is facing an anticipated event that is outside of the control of the owner or operator of the system. • The bypass is issuedfor a period that will allow for the conduct of the activity and will minimize the adverse effects on fish, fish habitat or the use by man of fish • Authorization officer may refuse to issue the bypass if the issuance would result in adverse effects on fish, fish habitat or the use by man of fish

20. Combined Sewer Overflow Report • Must be submitted by those having at least one combined sewer overflow point • Required once a year • For each CSO point that deposited effluent because of precipitation • Volume or estimated volume and number of days when effluent was deposited for each month • A statement indicating that no CSO occurred • Record-keeping requirements

21. Regulatory Development Phases

22. Next Steps • Anticipating publication of the final version of the Wastewater Systems Effluent Regulations from Environment Canada in Canada Gazette, Part II as early as December 2011.

23. Recommendation • It would be prudent for First Nation administrations to ensure continuance of proper maintenance of sampling, monitoring and accurate record-keeping of the wastewater plant effluent in anticipation of the release of the final Wastewater Systems Effluent Regulations by Environment Canada.

24. Acknowledgement • Information on the Draft wastewater Systems Effluent Regulations and other information from Environment Canada used in this presentation is greatly appreciated.

25. WSER information website • Additional information on proposed WSER may be obtained at EC’s website: http://www.gazette.gc.ca/rp-pr/p1/2010/2010-03-20/html/reg1-eng.html

26. Thank you