1. Wastewater Systems Effluent Regulations October 23, 2013

2. Page 2 – May 1, 2015 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 to Deposit – Transitional authorization – Temporary authorization to deposit un-ionized ammonia – Temporary bypass authorization – Exception to chlorine requirements Coming into Force Administration

3. Page 3 – May 1, 2015 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 the WSER 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 inconsistency between 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. Page 4 – May 1, 2015 Application Applicable to wastewater systems that collect, or are designed to collect, an average volume of 100 m/d or more of influent (Subsection 2(1)) Not applicable to: – Wastewater systems that collected less than 100 m/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. Page 5 – May 1, 2015 Types of Wastewater Systems Intermittent (lagoons) (Paragraph 3(a)) – Hydraulic retention time (HRT) ≥ 90 days and maximum of 4 discharge 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. Page 6 – May 1, 2015 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 NH 3 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. Page 7 – May 1, 2015 Authorization toDeposit (continued) Effluent quality standards are in effect January 1, 2015 Carbonaceous biochemical oxygen demand (CBOD) Suspended solids (SS) Total residual chlorine (TRC) Un-ionized ammonia (NH 3 ) (expressed as nitrogen, at 15 ° C ± 1 ° C) average average average maximum ≤ 25 mg/L ≤ 0.02 mg/L < 1.25 mg/L

8. Page 8 – May 1, 2015 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 m/d: continuous measure ▪ ≤ 2500 m/d: continuous measure or measure rate of flow ▪ Flow monitoring equipment must be installed by January 1, 2013 (Section 9)

9. Page 9 – May 1, 2015 Monitoring Requirements (continued) Monitoring of deleterious substances in effluent (Section 10) began on January 1, 2013 – CBOD, SS, TRC (if used) and NH ₃ (NH ₃ monitoring 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 m/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. Page 10 – May 1, 2015 Record-KeepingRequirements Records keeping requirements (Section 17) came into effect on January 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. Page 11 – May 1, 2015 Record-KeepingRequirements (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: – NH ₃ determinations in August if the system is under a temporary authorization for NH ₃

12. Page 12 – May 1, 2015 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. Page 13 – May 1, 2015 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. Page 14 – May 1, 2015 Monitoring Report Required information (Subsection 19(1)) includes, – Number of days effluent was deposited and volume deposited – Average CBOD and SS – Maximum NH ₃ concentration, 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 February 14, 2014) ▪ Intermittent systems ≤ 17500 m/d ▪ Continuous systems with HRT ≥ 5 days ≤ 2500 m/d – A quarter (Paragraph 19(2)(b)) (first report due May 15, 2013) ▪ Any other case

15. Page 15 – May 1, 2015 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 15 of the following year (first report due February 15, 2014)

16. Page 16 – May 1, 2015 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. Page 17 – May 1, 2015 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. Page 18 – May 1, 2015 TransitionalAuthorization 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 later June 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. Page 19 – May 1, 2015 Transitional Authorization (continued) Schedule 2 – Points allocated to the final discharge point are based on: ▪ Annual average daily volume ▪ Average CBOD, SS, TRC and NH ₃ ▪ 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. Page 20 – May 1, 2015 TransitionalAuthorization (continued) Transitional authorization period (Subsection 26(2)) will begin on January 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. Page 21 – May 1, 2015 TransitionalAuthorization (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. Page 22 – May 1, 2015 Temporary Authorization to Deposit Un-Ionized Ammonia (NH ₃ ) If effluent deposited via the final discharge point is acutely lethal because of NH ₃, an application for a temporary authorization may be submitted (Subsection 34(1)), beginning January 1, 2013, if: – NH ₃ concentration 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 NH ₃ determined by ▪ Rainbow trout acute lethality test failure primarily because of NH ₃ (Paragraph 34(1)(a)); or ▪ Effluent NH ₃ concentration ≥ 1.25 mg/L N (Paragraph 34(1)(b))

23. Page 23 – May 1, 2015 Temporary Authorizationto Deposit NH ₃ (continued) Initial application for a temporary authorization must be submitted electronically to the authorization officer within 30 days after the determination of acutely lethal effluent due to NH ₃ (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. Page 24 – May 1, 2015 The holder of an NH ₃ authorization is authorized to deposit effluent that: – Meets the standards for CBOD, SS and TRC (Paragraph 37(a)) – Results in an NH ₃ concentration 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 NH ₃ at the same frequency as CBOD and SS ▪ Determine the concentration of NH ₃ in the water once each August by using a total ammonia test or method of estimation, and report the result Temporary Authorization to Deposit NH ₃ (continued)

25. Page 25 – May 1, 2015 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 least 45 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. Page 26 – May 1, 2015 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 m. 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. Page 27 – May 1, 2015 Definitions (Section 1) Application (Sections 2, 3 & 4) Deleterious substances (Section 5) Monitoring equipment requirements (Section 9) Record keeping for monitoring equipment (Paragraph 17(c)) Record making and retention of documents (Sections 21 & 22) Coming into force (Section 50) Provisions in Force as of June 29, 2012

28. Page 28 – May 1, 2015 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 and CSOs (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 NH ₃ application, requirements, content (Sections 34, 35, 36, 39, and 41) Applications submitted electronically (Section 48) Registry of authorizations (Section 49)

29. Page 29 – May 1, 2015 ComingintoForce on January 1, 2015 TRC standard for systems ≥ 5000 m/d and CBOD, SS and NH ₃ standards, 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 for NH ₃ (Sections 37 & 38) Extension of temporary authorization for NH ₃ (Section 40) Revocation of temporary authorization for NH ₃ (Section 42) Temporary bypass authorization application, requirements and conditions (Sections 43 to 47)

30. Page 30 – May 1, 2015 ComingintoForce on January 1, 2021 Effluent quality standard for TRC for systems < 5000 m/d (Paragraph 6(1)(c)) Conditions on transitional authorizations for TRC < 5000 m/d (Paragraph 28(1)(c))

31. Page 31 – May 1, 2015 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. Page 32 – May 1, 2015 Additional Information The Wastewater Systems Effluent Regulations are available on-line at: http://lawslois.justice.gc.ca/eng/regulations/SOR-2012- 139/FullText.htmlon-line http://lawslois.justice.gc.ca/eng/regulations/SOR-2012- 139/FullText.html Additional information may also be obtained at EC’s website: www.ec.gc.ca/eu-wwinformation www.ec.gc.ca/eu-ww Questions may be sent to ww-eu@ec.gc.ca or call 819- 994-2329ww-eu@ec.gc.ca