Definitions

1 In this regulation:

"Act" means the Environmental Management Act;

"aquifer" includes any soil or rock formation that has sufficient porosity and water yielding ability to permit the extraction or injection of water at rates greater than or equal to 5 L/minute;

"average dry weather flow" or "ADWF" means the daily municipal sewage flow to a sewage facility that occurs after an extended period of dry weather such that the inflow and infiltration has been minimized to the greatest extent practicable and is calculated by dividing the total flow to the sewage facility during the dry weather period by the number of days in that period;

"biosolids" means inorganic or organic solid residuals from a sewage facility, or septic tank sludge, resulting from a municipal sewage treatment process which has been sufficiently treated to reduce vector attraction and pathogen densities, such that it can be beneficially recycled;

"BOD₅" means the total 5-day biochemical oxygen demand;

"continuous monitoring" means a communications system connecting a sewage facility to the operator such that

(a) operating conditions of the facility are continuously monitored and provide an alarm if the operating conditions deviate from established operating conditions, and

(b) operating conditions may be remotely or by service call adjusted to within normal efficient operating range within 24 hours of any alarm;

"contributory population equivalent" means the number of persons and equivalent commercial and industrial contribution connected to the municipal sewage collection system based on the most current census data;

"dilution ratio" means

(a) if the 2-year return period 7-day low flow is the magnitude of flow such that the average flow for 7 consecutive days is expected to be less than this magnitude once in any 2 year period, based on statistical analysis of observed stream flow, a ratio calculated by dividing 2-year return period 7-day low flow in the receiving stream by the maximum weekly (7 day) effluent flow, or

(b) if sufficient data are not available to calculate the 2-year return period 7-day low flow or the discharge is to a lake or marine water, a ratio calculated using a method and data that are satisfactory to a director;

"discharge" means the total amount of a solid, liquid or gaseous waste introduced into the environment from works, including effluent and reclaimed water;

"discharger" means an individual or corporation

(a) exempt under Part 2 from section 6 (2) and (3) of the Act for the purposes of discharge, or

(b) authorized under this regulation or under the Act to discharge;

"disinfection" means the destruction, inactivation or removal of pathogenic microorganisms by any means;

"domestic sewage" means human excrement, water borne human excretion or the water-carried wastes from liquid or non-liquid culinary purposes, washing, cleansing, laundering, food processing or ice production;

"effluent" means the liquid resulting from the treatment of municipal sewage;

"embayed marine waters" means

(a) marine waters located on the shore side of a line up to 6 km long drawn between any two points on a continuous coastline, or located so that the maximum width of sea access by any route is less than 1.5 km wide, or

(b) marine waters in which flushing action is considered to be inadequate by a director;

"facility" means any land, building or structure and includes any machinery, equipment, device, tank, system or other work;

"filtration", in the schedules, means the removal of solid particles from an effluent by passing the effluent through a filtering medium such as sand, membrane, anthracite, or any other comparable filter medium or combination of filter media, or any physical barrier or device or septum onto which the solids are deposited;

"groundwater" means subsurface water at or below a water table in fully saturated geologic materials and formations;

"inflow and infiltration" or "I/I" means water that enters the sanitary sewer system from direct stormwater connection (inflow) or indirectly through the land (infiltration), or both;

"irrigation", in the schedules, means the application of reclaimed water at agricultural rates for the beneficial use of a crop or vegetation;

"known" means

(a) identified by or made available from the Ministry of Water, Land and Air Protection, or

(b) otherwise identified by or made available by a director at least 60 days before registration of a discharge in accordance with section 3;

"land" means the solid part of the earth's surface and includes the foreshore and land covered by water;

"m³/d" means cubic metres per day;

"median" means the middle measure in an ordered distribution;

"mg/L" means milligrams per litre;

"municipal sewage" means domestic sewage, wastewater or municipal liquid waste originating primarily from residences, but may include contributions from

(a) holding tanks in recreational vehicles, boats and houseboats,

(b) commercial, institutional and industrial sources, and

(c) inflow and infiltration;

"municipal sewage collection system" means a conveyance system owned, operated and maintained by a municipality or regional district for the purpose of transporting municipal sewage to a sewage facility, but does not include sewage facilities;

"NTU" means nephelometric turbidity unit;

"open marine waters" means ocean waters other than embayed marine waters or water for which, in the opinion of a director, the flushing action is considered adequate;

"primary treatment" means any form of treatment, excluding dilution, that consistently produces an effluent quality with a BOD₅ not exceeding 130 mg/L and TSS not exceeding 130 mg/L;

"qualified professional" means an applied scientist or technologist specializing in a particular applied science or technology including, but not necessarily limited to, agrology, biology, chemistry, engineering, geology, or hydrogeology and

(a) who is registered in British Columbia with their appropriate professional organization, acting under that association's Code of Ethics and subject to disciplinary action by that association, and

(b) who, through suitable education, experience, accreditation and knowledge, may be reasonably relied on to provide advice within their area of expertise;

"reclaimed water" means effluent from a sewage facility that is suitable for a direct designated water use or a controlled use;

"secondary treatment" means any form of treatment, excluding dilution, that consistently produces an effluent quality with a BOD₅ not exceeding 45 mg/L and TSS not exceeding 45 mg/L, except for lagoon systems for which the effluent quality is not to exceed a BOD₅ of 45 mg/L and a TSS of 60 mg/L;

"septic tank" means a watertight vessel into which municipal sewage is continually conveyed such that solids within the municipal sewage settle, anaerobic digestion of organic materials occurs and an effluent is discharged;

"sewage facility" means any facility or work that gathers, treats, transports, stores, utilizes or discharges municipal sewage or reclaimed water;

"schedules" means the schedules to this regulation;

"stormwater" means runoff from rainfall, snow or snowmelt;

"TSS" means total suspended solids or non-filterable residue;

"unsaturated soil", in Schedule 4, means the soil between the land surface and the water table where the soil pore spaces contain water at less than atmospheric pressure, as well as air and other gases;

"water quality guidelines" means as published by the authority of the minister

(a) the most recent "Water Quality Objectives" if established for a specific body of water, or

(b) if no "Water Quality Objectives" have been established for the specific body of water in question, the "Approved and Working Water Quality Criteria", or

(c) any other water quality standard approved by the minister;

"water table" means the surface along which the fluid pressure is atmospheric and below which the fluid pressure is greater than atmospheric;

"water well" means a well supplying drinking water to a single or double unit dwelling.

[am. B.C. Regs. 109/2002, s. 1; 321/2004, s. 31 (b) to (e).]

Exemption

2 (1)  A person is exempt from section 6 (2) and (3) of the Act for the purposes of discharge if the person

(a) registers under section 3,

(b) pays when due, as though registration under section 3 was a permit, an application fee calculated under section 2 of B.C. Reg. 299/92, the Permit Fees Regulation,

(i)  on applying for registration under section 3, and

(ii)  on making a notification under condition 2 in Schedule 1,

(c) pays on the effective date of registration under section 3 and on each anniversary thereafter, as though registration under section 3 was a permit, an annual fee calculated under section 3 of B.C. Reg. 299/92, the Permit Fees Regulation, on the quality and quantity of the discharge specified under section 3,

(d) subject to section 17, complies with Parts 3 to 7, and

(e) subject to section 17, complies with the conditions in Schedule 1.

(2)  Subsection (1) does not apply if the discharge is

(a) authorized by a permit, approval, order or operational certificate first issued before subsection (1) comes into force,

(b) authorized by an operational certificate or a waste management plan approved by the minister, or

(c) authorized or prohibited by an order under the Act.

[am. B.C. Reg. 321/2004, s. 31 (d) and (g).]

Registration under section 2 for an exemption

3 (1)  An application may not be made under subsection (2) if a waste management plan authorizes the proposed discharge.

(2)  An application for registration must be made to a director in a form acceptable to the director and must include the following information:

(a) the full legal name and address of the discharger;

(b) the name of the local contact and local address of the discharger;

(c) the name of the operator of the sewage facility;

(d) the address, legal description or name and latitude and longitude of the location of the sewage facility and of the discharge;

(e) the registered owner of the land on which the sewage facility is to be located;

(f) the type of discharge including a description of the sewage facility;

(g) the maximum daily flow of the discharge that the discharger will not exceed;

(h) the manner in which the discharger will meet the standards set out in Schedules 2 to 5;

(i) the previous waste management permit number, if applicable;

(j) the intended commencement date of the discharge;

(k) any other relevant information requested by the director;

(l) any other relevant information the discharger wishes to provide.

(3)  Registration under this section takes effect on the date application under subsection (2) is received by a director.

(4)  If, under subsection (2), a person makes an application that is

(a) in relation to the discharge of effluent to Shuswap Lake, and

(b) received by a director on or before November 1, 2007,

despite subsection (3), the registration does not take effect.

(5)  If, under condition 2 of Schedule 1, a discharger provides notification that is

(a) in relation to increasing the discharger’s maximum daily flow of discharge to Shuswap Lake, and

(b) received by a director on or before November 1, 2007,

despite section 2 (1), the person is not exempt under that section for the increase to which the notification relates.

(6)  Subsection (5) does not apply to a discharger that increased its maximum daily flow of discharge to Shuswap Lake in the 30 days before the date subsection (5) comes into force.

[am. B.C. Regs. 321/2004, s. 31 (c), (e) and (h); 332/2005.]

Application of Parts 4 to 8

4 Despite section 2, Parts 4 to 8 apply to a discharge unless that discharge is

(a) authorized by a permit, approval, order or operational certificate first issued before this regulation comes into force,

(b) authorized by an operational certificate or a waste management plan approved by the minister, or

(c) authorized or prohibited by an order under the Act.

Initial dilution zone: water bodies

5 (1)  If effluent is discharged into a water body, the initial dilution zone is the 3 dimensional zone around the point of discharge where mixing of the effluent and the receiving water occurs.

(2)  For a lake or marine body of water, the following, measured from the point of discharge and from the mean low water mark, apply for purposes of calculating the initial dilution zone:

(a) the height is the distance from the bed to surface of the water body;

(b) the radius is either

(i)  100 m, or

(ii)  25% of the width of the body of water, whichever is less.

(3)  For a stream or estuary, the following, measured from the point of discharge and from the mean low water mark, apply for purposes of calculating the initial dilution zone:

(a) the height is the distance from the bed to the surface of the water body;

(b) the width, perpendicular to the path of the stream, is the lesser of

(i)  100 m, or

(ii)  25% of the width of the stream or estuary;

(c) the length, parallel to the path of the stream, is the distance between a point 100 m upstream and a point, which is the lesser of

(i)  100 m downstream, or

(ii)  a distance downstream at which the width of the effluent plume equals the width determined under paragraph (b).

(4)  In embayed marine waters, estuaries and lakes the initial dilution zone must not extend closer to shore than the mean low water mark.

(5)  In open marine waters, the edge of the initial dilution zone must be located outside of the shallow water zone in which surf will form along the shore.

(6)  The initial dilution zone must be located at least 300 m away from sensitive areas such as recreational areas, shellfish areas, domestic water intakes, agricultural water intakes, or any other sensitive area requiring protection as identified by a director.

(7)  Initial dilution zones may overlap only when the combined effects do not cause water quality parameters, outside the combined initial dilution zone, to exceed any known water quality guidelines.

(8)  For discharges from an outfall diffuser the radius referred to in subsection (2) (b) (i) may be measured from the first and last diffuser ports.

(9)  In this section:

"estuary" means that portion of a receiving water lying below the farthest point upstream of detectable changes in water movement or chemistry through mixing of fresh and salt water and due to tidal action;

"diffuser" means a section of pipe that diffuses the effluent into a water body through a series of orifices;

"mean low water mark" means

(a) for marine waters, the datum provided on the most recently published marine chart published by the Canadian Hydrographic Service for the location,

(b) for lakes, the point of contact between the water body's surface and the shore at the time when the water surface is at its average annual minimum elevation based on the last 10 years of records, and

(c) for streams and rivers, the point of contact between the water body's surface and the shore during 2-year return period 7-day flow.

[am. B.C. Reg. 321/2004, s. 31 (c).]

Initial dilution zone: ground

6 (1)  If effluent is discharged to ground, the initial dilution zone is the 3 dimensional subsurface zone where mixing of the effluent and groundwater occurs.

(2)  The boundary of the groundwater initial dilution zone is the vertical extension into the ground of the property boundaries of the land into which the ground discharge is occurring.

Effluent quality

7 (1)  A person must not discharge effluent or provide reclaimed water that exceeds the effluent quality limits for use as reclaimed water or for discharge to the environment set out in Schedules 2 to 5.

(2)  Unless specifically stated otherwise, the effluent quality limits specified in Schedules 2 to 5 are maximum values not to be exceeded.

Effluent disinfection

8 (1)  If disinfecting the effluent is required to ensure that water quality parameters for domestic or agricultural water extraction, recreational uses or aquatic food production meet any known water quality guidelines, a person must not discharge the effluent unless the effluent is disinfected.

(2)  A person must not use chlorine to disinfect an effluent which is to be discharged to surface water unless the effluent is dechlorinated before discharge.

(3)  If dechlorination is required in accordance with subsection (2) or (7), the discharger must dechlorinate the effluent to reduce the chlorine residual below 0.01 mg/L total residual chlorine before discharge.

(4)  The discharger must review and assess alternative disinfection methods before selecting the chlorination and dechlorination disinfection option.

(5)  If disinfection is required under subsection (1), the median coliform values for 7 consecutive daily tests and any single value test must be less than the value specified in Schedules 2 to 4.

(6)  A person must not discharge effluent to ground within 300 m upgradient, of or within the zone of influence of a water well, unless the effluent has been disinfected.

(7)  For the purposes of subsection (6), chlorination must not be used unless

(a) dechlorination is provided,

(b) the water quality in the water well will not be adversely impacted, and

(c) written permission is obtained from a director.

(8)  In this section, "zone of influence" means the zone around a water well that in the opinion of a qualified professional supplies water to the well.

[am. B.C. Reg. 321/2004, s. 31 (c).]

Toxicity

9 (1)  A person must not discharge effluent, unless

(a) the discharge passes a 96 hour LC50 bioassay test as defined by Environment Canada’s Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout, Reference Method, EPS 1/RM/13, or

(b) if the discharge fails a bioassay test described in paragraph (a) that was conducted at a "Regular" time as specified in Schedule 6, Table 3, the discharge passes that test as conducted as a follow up under Column 5 in Schedule 6, Table 3.

(2)  Subsection (1) does not apply if

(a) the discharge is to ground,

(b) the discharge quality meets a maximum BOD₅ not exceeding 10 mg/L and a maximum TSS not exceeding 10 mg/L,

(c) the discharge does not exceed a maximum daily flow of 5 000 m³/d and the discharger demonstrates to the satisfaction of a director that the discharge does not adversely affect the receiving environment,

(d) the discharge is to open marine waters,

(e) the discharge is diluted such that at the outside boundary of the initial dilution zone the dilution ratio exceeds 100:1 and the discharger demonstrates to the satisfaction of a director that the discharge does not adversely affect the receiving environment,

(f) reclaimed water is being provided or used in accordance with this regulation, or

(g) the discharger demonstrates to the satisfaction of a director that the discharge does not adversely affect the receiving environment.

(3)  If subsection (1) applies, a person must not discharge effluent unless the discharge is monitored for toxicity in accordance with the requirements of Schedule 6, Table 3.

[am. B.C. Reg. 321/2004, s. 31 (c).]

Use of reclaimed water

10 (1)  A person must not provide or use reclaimed water unless

(a) the standards for use of reclaimed water as set out in Schedule 2 are met,

(b) use is limited in accordance with Schedule 2 for unrestricted public access and restricted public access,

(c) for systems without seasonal storage, emergency storage is provided so that

(i)  if the reclaimed water does not meet the standards required, the flow can be diverted until such time as the standards are met and designated water uses can continue, and

(ii)  a minimum 20 days of emergency storage is provided, and

(d) an environmental impact study has been conducted in accordance with condition 8 in Schedule 1.

(2)  A person providing or using reclaimed water must, in addition to any seasonal storage for the reclaimed water that is provided,

(a) provide an alternative method of disposing of the reclaimed water and describe that method in the operating plan under section 16, or

(b) satisfy a director that no alternative method described in paragraph (a) is required to assure public health protection and treatment reliability.

(3)  Despite subsection (1) (c) (ii), and provided that the treatment processes are built with multiple units capable of meeting the reclaimed water standard with one unit not in operation, emergency storage may be reduced to a minimum of 2 days.

(4)  If the required emergency storage required by subsection (1) (c) is temporarily not available, the discharger must

(a) divert the reclaimed water to a disposal method which complies with this regulation, and

(b) if the disposal method is to ground and the reclaimed water meets the unrestricted public access standards, the reclaimed water may be discharged to ground provided the time of subsurface travel before a surface discharge is not less than 2 days.

(5)  The discharger must ensure that a provider of reclaimed water is prohibited from using any dual distribution system to convey reclaimed water unless the distribution system incorporates design, construction, maintenance and inspection safeguards to prevent cross connections.

(6)  In subsection (5), "dual distribution system" means a water distribution system that distributes 2 grades of water to the same service area; one potable and the other non-potable.

(7)  No person may provide for the use of reclaimed water unless specifically authorized

(a) in writing by the local health authority having jurisdiction, or

(b) under a local service area bylaw under which the municipality or a private corporation under contract to the municipality assumes the responsibility for ensuring compliance with this regulation and that proper operation and maintenance will be carried out.

(8)  For the unrestricted public access category, a person must not be a provider of reclaimed water unless the person

(a) develops, to the satisfaction of a director, user information and communication materials related to the use of reclaimed water, and

(b) provides annually to all users copies of the materials required by paragraph (a).

(9)  Methods of treatment for reclaimed water other than those included in this regulation and their reliability features may be accepted by a director if the discharger demonstrates to the satisfaction of the director that the methods of treatment and reliability features will assure an equal degree of treatment, public health protection and treatment reliability.

(10)  Initial dilution zones are not applicable to reclaimed water used for stream augmentation, creating impoundments, maintaining wetlands or marshes or for emergency disposal to ground unless a standard specified under condition 4 in Schedule 1 makes them applicable.

[am. B.C. Reg. 321/2004, s. 31 (c) and (h).]

Discharges to water

11 (1)  A person must not introduce effluent to water unless

(a) the effluent quality standards for discharges to water as set out in Schedule 3 or 5 are met, and

(b) an environmental impact study has been conducted in accordance with condition 8 in Schedule 1.

(2)  A person must not introduce effluent to a water body identified in Schedule 5 as areas of prohibited discharge.

Discharges to ground

12 A person must not introduce effluent to ground unless

(a) the effluent quality standards for discharges to ground as set out in Schedule 4 or 5 are met, and

(b) an environmental impact study has been conducted in accordance with condition 8 in Schedule 1.

Advanced treatment

13 (1)  If environmental impact studies set out in condition 8 in Schedule 1 indicate the need for more stringent standards for the specified effluent quality parameters or for additional parameters in order to protect human health and the environment, the discharger may be required by a director in writing to

(a) meet more stringent or additional standards,

(b) provide advanced treatment beyond that specified in Schedules 2 to 5, or

(c) meet mass loading limits specified by the director.

(2)  For introduction of effluent to the water bodies and above aquifer areas identified in Schedule 5, the discharger must ensure that the requirements for advanced treatment are met.

[am. B.C. Reg. 321/2004, s. 31 (e) and (i).]

General

14 (1)  Release of a discharge is prohibited, unless the discharger ensures that

(a) the design of a sewage facility registered under section 3 is capable of consistently meeting the requirements of this regulation,

(b) the facility design and the inspection necessary to ensure that the construction methods, materials and constructed facilities meet the design criteria are undertaken by a qualified professional who has expertise in the particular aspect of the design,

(c) a copy of drawings are certified correct and sealed by a qualified professional, and

(d) a copy of the drawings required in subsection (1) (c) are retained by the discharger for inspection by a director at any time.

(2)  The design of a municipal sewage collection system is exempt from this Part.

[am. B.C. Reg. 321/2004, s. 31 (c).]

Design procedure: large municipality

15 In addition to the requirements of section 14, for discharges for which the contributory population equivalent to the sewage facility is greater than 5 000 persons, the discharger must undertake a staged approach to design as follows:

(a) concept level planning;

(b) preliminary engineering;

(c) detailed design.

[am. B.C. Reg. 321/2004, s. 31 (j).]

General

16 (1)  A person must not introduce a discharge to the environment, unless

(a) the discharger, at least 90 days before any construction commences, develops an operating plan for any sewage facility,

(b) the operating plan referred to in subsection (1) (a) is prepared by a qualified professional who

(i)  is familiar with the facility, and

(ii)  has expertise with respect to the proper operation of the facility, and

(c) the operating plan details the requirements for all of the following:

(i)  proper operation and maintenance of sewage facilities;

(ii)  for reclaimed water use on vegetation, the maximum application rate based on agrology studies for the vegetation to which the reclaimed water is applied;

(iii)  emergency procedures;

(iv)  facility monitoring;

(v)  staff education;

(vi)  staff certification, and

is retained by the discharger, for inspection by a director at any time.

(2)  The qualified professional responsible for the design of the sewage facilities identified in a plan prepared in accordance with subsection (1) must make a signed statement that the operating plan is adequate for the design.

(3)  This section does not apply to a municipal sewage collection system.

[am. B.C. Reg. 321/2004, s. 31 (c).]

Commissioning new and upgraded sewage facilities

17 (1)  On completion of the construction or upgrading of a sewage facility, a commissioning period is allowed during which it is not required that a discharge by the sewage facility comply with the standards set out in Schedules 2 to 5.

(2)  Subsection (1) only applies if

(a) the commissioning period does not exceed 3 months,

(b) no adverse environmental impacts occur as a result of the discharge, and

(c) additional monitoring is undertaken, if required by a director.

(3)  Despite subsection (2) (a), the allowable commissioning period may be extended by a director in writing, if the discharger

(a) demonstrates, based on the nature of the receiving environment or the discharge, that no adverse environmental impacts are likely to occur, and

(b) undertakes additional monitoring, if required by the director.

[am. B.C. Reg. 321/2004, s. 31 (c), (e) and (k).]

Maintenance of sewage facilities

18 (1)  A person must not introduce a discharge to the environment, unless the person

(a) inspects the sewage facility regularly,

(b) maintains the sewage facility in good working order, and

(c) notifies a director immediately of any malfunction of these works and any condition which results or may result in the discharge exceeding the standards set out in Schedules 2 to 5.

(2)  In addition to subsection (1) and to ensure the outfall is operating as designed, the discharger must have any outfall associated with the discharge inspected by a qualified person once every 5 years or at a frequency specified by a director in writing.

(3)  The outfall inspection report required by subsection (2) must be retained by the discharger for inspection by a director at any time.

(4)  Bypass of sewage facilities for the purpose of scheduled maintenance is prohibited unless

(a) the maintenance cannot be reasonably undertaken without a bypass occurring,

(b) the discharger notifies a director at least 30 days before the planned bypass,

(c) the discharger obtains written authorization from a director for the bypass before it commences, and

(d) the discharger complies with any conditions imposed by a director in giving an authorization under paragraph (c).

(5)  All unauthorized bypasses, emergency overflows and spills must be reported in accordance with B.C. Reg. 263/90, the Spill Reporting Regulation.

[am. B.C. Reg. 321/2004, s. 31 (c).]

Municipal sewage connection to industrial sewer system

19 This regulation does not apply to the release of municipal sewage to an industrial sewer system if

(a) discharge from the industrial sewer system to the receiving environment is otherwise authorized by a permit or approval issued, or a regulation made, under the Act, and

(b) the ratio of industrial discharge flow to municipal sewage flow is greater than 10:1.

[en. B.C. Reg. 132/2006, s. 1.]

Non-domestic waste connection to municipal sewage system

20 (1)  In this section:

"non-domestic waste" means liquid waste other than domestic sewage;

"sewage treatment plant owner" means a person or corporation responsible for the commissioning, operation, maintenance and performance of a sewage facility or who owns the facility, or both.

(2)  Release of non-domestic waste to a municipal sewage system is prohibited unless

(a) the person releasing the non-domestic waste ensures that its quality meets or exceeds Column 3, Schedule 1.2 of B.C. Reg. 63/88, the Hazardous Waste Regulation, before being released, and

(b) the sewage treatment plant owner ensures that the final discharge meets the requirements of this regulation and the quality of any biosolids meets the requirements of an authorization issued under the Act.

(3)  A municipality must not accept the discharge of non-domestic waste to a municipal sewage collection system, unless the municipality

(a) has adopted a source control bylaw or equivalent measures to regulate the discharge of non-domestic waste into the sewer system, or

(b) demonstrates, to the satisfaction of a director, that a source control bylaw or equivalent measures are not required to protect the sewage facility or the receiving environment.

(4)  The source control bylaw required by subsection (3) (a) must include

(a) provision for pre-treatment of industrial, commercial and institutional discharges to the municipal sewer system, and

(b) pre-treatment requirements to ensure that the final discharge of effluent meets the effluent quality standards set out in Schedules 2 to 5 and that the quality of any biosolids meets the requirements of an authorization given under the Act.

(5)  In order to satisfy subsection (3) (b), the discharger may be required to conduct an environmental impact study as set out in condition 8 in Schedule 1.

[am. B.C. Reg. 321/2004, s. 31 (c) and (l).]

Semi-solid wastes

21 (1)  A person must not dispose of semi-solid waste to a sewage facility unless

(a) the sewage facility is capable of treating these wastes, in accordance with the standards outlined in Schedules 2 to 5,

(b) the sewage facility discharge does not cause water quality parameters, outside the initial dilution zone to exceed any known water quality guidelines, and

(c) the quality of any biosolids removed from the sewage facility will meet the requirements of an authorization given under the Act.

(2)  If necessary to protect the sewage facility, the discharger must install pre-treatment or containment facilities.

(3)  In this section, "semi-solid waste" means septic tank pumpage, holding tank solids or sludge from sewage facilities.

Operator qualifications and certification

22 (1)  A person must not introduce a discharge into the environment unless the person ensures that the sewage facility is

(a) classified under the Environmental Operators Certification Program,

(b) operated and maintained by

(i)  persons certified by, and in accordance with, the Environmental Operators Certification Program, or

(ii)  persons who, in the opinion of the director, are suitably qualified in the safe and proper operation of the facility for the protection of the environment and human health, and

(c) if a person is operating and maintaining a reclaimed water distribution system, the person must be a Certified Cross Connection Control Inspector.

(2)  If the Environmental Operators Certification Program applies, certification of the operator must be completed to the satisfaction of a director.

(3)  A director must be notified of all of the following within 30 days of any change:

(a) in the classification level under the Environmental Operators Certification Program of the facility;

(b) in the certification level required under the Environmental Operators Certification Program for the operator with the highest certification level of that facility;

(c) in who the operator with the highest certification level of that facility is.

(4)  If the discharger wishes to demonstrate the operator's qualifications to the director under subsection (1) (b) (ii), the discharger must retain a qualified professional with qualifications acceptable to the director.

(5)  The qualified professional referred to in subsection (4) must

(a) determine staff requirements from the operating plans and prepare examinations, both written and oral, to be given to the operators,

(b) prepare a report on the operator's knowledge in relation to the operating plans,

(c) propose a training program to correct any deficiencies and provide ongoing educational upgrading, and

(d) prepare a report which evaluates compliance with the training program and notes changes in sewage facilities and must submit it to a director on an annual basis.

(6)  A director must be notified of any change of operators within 30 days and, if applicable, the procedure outlined in subsection (4) must be followed and the qualified professional's report submitted to the director within 120 days.

(7)  The discharger must at all times employ operators who have the educational and experience qualifications as specified in the operating plan.

(8)  Despite subsection (1) (b) for discharges that are, in the opinion of a director, remote or if daily access is impractical, a discharger may install a continuous monitoring system provided modifications, repairs and maintenance to the facility are carried out by qualified operators as defined in this section.

(9)  This section does not apply to a municipal sewage collection system.

[am. B.C. Reg. 321/2004, s. 31 (c), (m) and (n).]

Fees: operator certification

23 (1)  A person demonstrating the operator's qualifications to the director under section 22 must pay a fee to the government of $300 plus $80/hour for time required beyond 3 hours to assess any information or reports submitted.

(2)  A fee is not payable under subsection (1) if the works are operated and maintained by persons certified within and according to the program provided by the Environmental Operators Certification Program.

General

24 Discharge of effluent or use of reclaimed water is prohibited, unless monitoring of effluent or reclaimed water and the receiving environment is undertaken by the discharger to determine compliance with this regulation.

Sampling and analysis

25 (1)  In order to satisfy the requirements of section 24, the discharger must ensure that

(a) sampling and flow measurements are carried out in accordance with the procedures described in "British Columbia Field Sampling Manual for Continuous Monitoring plus the Collection of Air, Air-Emission, Water, Wastewater, Soil, Sediment and Biological Samples" as published by the Ministry of Water, Land and Air Protection, or by a suitable alternative procedure as authorized by a director, and

(b) analysis is carried out in accordance with the procedures described in "British Columbia Environmental Laboratory Manual for the Analysis of Waters, Wastewaters, Sediments and Biological Materials", as published by the Ministry of Water, Land and Air Protection, or by suitable alternative procedures as authorized by a director.

(2)  If flows exceed the 2.0 times ADWF and are divided into 2 different levels of treatment, as described in Schedule 3, sampling of the effluent must be undertaken by the discharger at a point after the point at which effluent flows are recombined in the outfall and at which complete mixing will have occurred.

(3)  Monitoring data required by this regulation must be submitted in accordance with B.C. Reg. 301/90, the Environmental Data Quality Assurance Regulation.

[am. B.C. Regs. 109/2002, s. 1; 321/2004, s. 31 (c).]

Discharge monitoring

26 (1)  In order to satisfy the requirements of section 24, the discharger must

(a) unless directed otherwise by a director in writing, install a suitable sampling facility for obtaining a sample of the effluent,

(b) unless directed otherwise by a director in writing, provide and maintain a suitable flow measuring device to record the effluent volume discharged over a 24-hour period, and

(c) monitor effluent quantity and quality as stipulated in Schedule 6, or as directed by a director in writing.

(2)  The discharger must ensure that the projected monitoring dates for the next year must be outlined in the annual report required in section 28.

(3)  For new discharges, a person must not discharge unless monitoring is initiated within one month of the discharge commencing.

[am. B.C. Reg. 321/2004, s. 31 (c).]

Receiving environment monitoring

27 (1)  In order to satisfy the requirements of section 24, the discharger must

(a) monitor the receiving environment to provide data to assess the potential impact of the discharge and to ensure that the discharge does not or will not cause water quality parameters, outside the initial dilution zone, to exceed any known water quality guidelines,

(b) ensure that the monitoring program is designed by a qualified professional knowledgeable in such matters, and

(c) when conducting a receiving environment monitoring program, provide at least one control sampling station located upstream, upgradient, or outside the influence of the initial dilution zone of the effluent.

(2)  A receiving environment monitoring program established in order to satisfy section 24 must document pre-discharge conditions, and if seasonal variations of parameters within the receiving environment are considered by a director to be significant, pre-discharge monitoring must be carried out by the discharger during the most critical period of the year as determined by the director.

(3)  Based on the data submitted in accordance with section 28 or any other relevant information received by a director, the director may, despite section 13 or Schedule 6, increase or decrease receiving environment monitoring.

[am. B.C. Reg. 321/2004, s. 31 (h).]

Reporting requirements

28 (1)  A person must not introduce a discharge into the environment unless the person retains the effluent flow and effluent quality data and receiving environment monitoring data for inspection at any time.

(2)  In addition to subsection (1), the discharger must submit the data required by subsection (1) and associated quality control work

(a) by electronic transmission directly to the ministry's central computer system, or

(b) in a format acceptable to the director.

(3)  For discharges for which the contributory population equivalent is less than 10 000 persons, the discharger, if requested in writing by a director, must prepare and submit a report

(a) on or before a date specified by the director,

(b) in a format acceptable to the director, and

(c) that contains any information specifically requested by the director.

(4)  For discharges for which the contributory population is equal to or greater than 10 000 persons, the discharger must prepare and submit an annual report that includes a compendium of the data submitted under subsections (1) and (2).

(5)  When required to prepare and submit an annual report in accordance with subsection (4), the discharger must document in the annual report

(a) any effect of the discharge on the quality of the receiving environment using appropriate statistical and graphical analysis, and

(b) any trends in environmental quality in receiving environments affected by the discharge using background or pre-discharge data and by using all the years of record in which the discharge has taken place.

(6)  A report submitted to satisfy subsection (5) must

(a) be written and the analysis done by a suitably qualified professional, and

(b) provide interpretation of monitoring data.

(7)  In addition to the effluent and environmental monitoring data the annual report must address the following:

(a) if source control, water conservation and education programs related to municipal sewage quantity or quality, or both, have been implemented, an update of the previous year's achievements;

(b) an update of the previous year's problems identified and corrective actions taken;

(c) any planned improvements of sewage facilities for the coming year;

(d) if reduce, reuse and recycle initiatives related to municipal sewage quantity or quality, or both, have been implemented, an update of the previous year's achievements;

(e) documentation of historic and projected contributory population and remaining plant capacity;

(f) if applicable, the status of any capital replacement fund established by the discharger;

(g) an outline of the projected monitoring dates for the next year.

(8)  The discharger must

(a) submit the annual report to a director within 120 days of the end of each calendar year, and

(b) on written request from a director, make the annual report available to an individual requesting the report or the public by posting it on the internet or providing a copy to the local public library, or both.

[am. B.C. Reg. 321/2004, s. 31 (c), (e), (o) and (p).]

Offences and penalties

29 (1)  A person who contravenes section 10 (5), (7), or (8), 14 (1), 16 (1), 18 (1), 21 (1), 22 (1) or 24 commits an offence and is liable to a penalty not exceeding $200 000 or 6 months imprisonment, or both.

(2)  A person who, with intent to mislead,

(a) submits false monitoring data,

(b) fails to retain monitoring data under section 28 (1), or

(c) makes a false report, or fails to submit a report under section 28 (3) or (4)

commits an offence and is liable to a penalty not exceeding $200 000 or 6 months imprisonment, or both.

Definition

1 In this Schedule, "condition [XX]" means section [XX] of this Schedule.

Notification of change of information

2 The discharger must notify a director within 30 days of any change in the information submitted

(a) to register under section 3 of this regulation, or

(b) to update information given to register under section 3 of this regulation.

Water quality standards

3 (1)  The discharger must ensure that no person discharges effluent unless all known water quality guidelines are met.

(2)  If the discharger is directed by a director to establish the background water quality limit required by subcondition (1) for the receiving environment in order to satisfy condition 4, the discharger must, before the discharge commences, undertake a sampling program that

(a) determines background water quality for any parameter specified by the director,

(b) is conducted upstream or upgradient of the point of discharge, and

(c) is conducted beyond the edge of the initial dilution zone.

Director's directions respecting standards

4 (1)  In place of a standard or requirement specified in this regulation, the discharger must comply with an equivalent or more stringent standard or requirement that a director specifies in writing for a particular discharge.

(2)  To specify an equivalent or more stringent standard or requirement, the director must be satisfied that the standard or requirement

(a) is necessary for the protection of human health and the environment, and

(b) is based on, in connection with the discharge,

(i)  an environmental impact study required by this regulation,

(ii)  receiving environment monitoring data, or

(iii)  other information relevant to the discharge or the receiving environment.

Security requirements

5 (1)  For the purpose of this condition:

"capital replacement fund" means a fund

(a) comprised of cash, securities, bonds or other financial instruments or insurance, or a combination of these, that assure that the potential cost, whenever it may arise, of full replacement of the sewage facility will be covered, and

(b) that is not assignable or refundable, and must be replenished if contributions are made from it for capital replacement purposes, unless a director states in writing that satisfactory alternative arrangements are made that assure that the potential cost, whenever it may arise, of full replacement of the sewage facility will be covered;

"residential development" means a dwelling or collection of dwellings that serve as the primary residence of their inhabitants all of whom rely on the discharger to provide the municipal sewage system.

(2)  For the purpose of this condition and conditions 6 and 7, "assurance plan" means a program, the insurance instruments of which are provided by a company registered under the Insurance Act with the Superintendent of Insurance, having sufficient quality assurance and technical, financial and management resources to provide, or warrant the provision of, repairs to, or operation, maintenance or replacement of each sewage facility registered with the program.

(3)  If the discharger is an individual, company or strata corporation, the discharger must not treat, reuse or dispose of municipal sewage generated by a residential development unless

(a) a capital replacement fund is established,

(b) the discharger provides, within 90 days of the end of the discharger's fiscal year, audited annual financial statements of the capital replacement fund to a director, and

(c) the discharger ensures that the director can act in a timely manner as set out in subcondition (7) respecting the capital replacement fund.

(4)  If the discharger is an individual, company or strata corporation, the discharger must not treat, reuse or dispose of municipal sewage generated by a residential development unless

(a) security is provided, and

(b) the discharger ensures that a director can act in a timely manner as set out in subcondition (7) respecting the security.

(5)  The security under subcondition (4) must be

(a) calculated in accordance with subcondition (6),

(b) maintained with a financial institution, in a form approved by a director, and

(c) be adjusted annually to match inflation based on Statistics Canada capital equipment index of the Industrial Products Price Index with 1999 as the base year.

(6)  Security is calculated using the following formula and rounded up to the nearest $1 000:

where "Q" is the maximum daily flow in m³/d.

(7)  Contributions from the capital replacement fund, the security under subcondition (4), or a combination of both may, at the discretion of a director, be accessed and used for the repair, operation, maintenance, replacement or improvement of the sewage facility or for the payment of any insurance policy premiums or deductibles, provided

(a) the director notifies the discharger in writing that the contribution is required if the discharger does not make the repair, operation, maintenance, replacement or improvement or make payment of any insurance premiums or deductibles within a reasonable time specified by the director, and

(b) the discharger does not make the repair, operation, maintenance, replacement or improvement or make payment of any insurance premiums or deductibles within the time specified by the director under paragraph (a).

(8)  The discharger must forward proof of security, and of establishment of the capital replacement fund, to the director at least 30 days before construction of a sewage facility.

(9)  Subconditions (3) and (4) do not apply to a discharger that

(a) is a municipality, or

(b) discharges from a service area defined and governed by a local service area bylaw.

(10)  If a discharger has submitted written proof to the director that the discharge is registered with an assurance plan, approved in accordance with condition 6 (4), subconditions (3) and (4) do not apply to the discharger.

Approval of assurance plan

6 (1)  The director may establish a roster of expert consultants to assist in the reviewing of an assurance plan.

(2)  Before submitting an assurance plan for approval under subcondition (4), a person, subject to subcondition (3), must, at their expense, ensure that an expert consultant selected from the roster established under subcondition (1) has reviewed the assurance plan and has made a recommendation to the director on the acceptability of the assurance plan.

(3)  For the purpose of selecting a consultant, the person must not select a consultant from the roster that has been involved in developing the assurance plan being reviewed or has a personal or business relationship with the person requiring the review.

(4)  On receipt of an assurance plan that has the findings of the reviewing consultant appended, the director may approve the plan provided the director is satisfied that it adequately provides for sufficient quality assurance and technical, financial and management resources to provide operation, maintenance, repairs or replacement of the sewage facilities.

Report to the director

7 (1)  The discharger must, on or before March 31 in each year, provide to the director an annual report detailing what quality assurance and technical, financial and management resources are in place under the assurance plan and how effective the quality assurance and technical, financial and management resources have been during the previous calendar year.

(2)  On receipt of the report under subcondition (1), the director may require the discharger to

(a) make amendments to an individual's or organization's assurance plan as approved under condition 6, or

(b) submit a new assurance plan to the director for review and approval.

(3)  If the discharger ceases to be covered under an approved assurance plan, the discharger must notify the director in writing within 30 days of the date of the change in status.

Environmental impact studies

8 (1)  This condition and conditions 9 and 10 do not apply to discharges or use of reclaimed water authorized under the Act prior to this regulation coming into force, unless a director notifies the discharger in writing that they apply.

(2)  A discharger must not discharge effluent or provide for use reclaimed water, unless the discharger

(a) ensures that a qualified professional conducts and completes, based on the effluent quality standards in Schedules 2 to 5 being met or exceeded, an environmental impact study

(i)  at least 90 days before the construction of any facility commences,

(ii)  that considers uses of the receiving environment or groundwater,

(iii)  that establishes, before and after discharge commences,

(A)  receiving environment monitoring locations, and

(B)  sampling parameters and frequencies, and

(iv)  that demonstrates, as appropriate to the nature of the discharge and the receiving environment, that the proposed treatment, reuse or disposal system will not adversely affect human health and the environment, and

(b) retains, for inspection by a director at any time, the completed environmental impact study.

Combined and sanitary sewer overflows

9 If condition 15 or 16 applies to a discharge, the discharger must

(a) ensure that a qualified professional conducts and completes, at least 90 days before the construction of any facility commences, an environmental impact study that identifies,

(i)  any water quality requirements necessary to protect the receiving environment, and

(ii)  the treatment needed to protect the designated uses of the waters receiving combined sewer overflows or sanitary sewer overflows, and

(b) retain, for inspection by a director at any time, the completed environmental impact study.

Sewage facilities

10 (1)  The discharger must ensure that no person discharges effluent from sewage facilities

(a) installed or proposed to be installed on and after the effective date of this regulation, or

(b) proposed to be expanded to accommodate an increase in flow greater than 20% of the maximum authorized flow applicable before this regulation came into force, except in the case that the expansion was planned and assessed as part of the authorization granted before this regulation came into force, unless the discharger

(i)  ensures that a qualified professional conducts and completes an environmental impact study

(A)  at least 90 days before the construction of any facility commences, and

(B)  as appropriate to the nature of the treatment facility and the surrounding environment, consider provisions for controlling any environmental impact during development, construction and operation of the facility or site, and

(ii)  retains, for inspection by a director at any time, the completed environmental impact study.

Design standards

11 The discharger must ensure that no person introduces a discharge to the environment, unless the minimum standards for the design of the sewage facilities as set out in Schedule 7, or equivalent standards, are met.

Construction of a facility

12 The discharger must not commence construction of a facility from which a discharge may be made until 90 days after registration under section 3 of this regulation.

For conditions 14 to 17

13 (1)  For the purpose of this condition and conditions 14 to 17:

"combined sewer overflow" means a discharge from a combined sewer system to a location other than a sewage facility;

"sanitary sewer" means a municipal sewage collection system;

"sanitary sewer overflow" means a discharge from the sanitary sewer to a location other than a sewage facility.

(2)  The minister may, on written request from the discharger, extend any date in conditions 15 to 17.

Combined sewers

14 (1)  In this condition, "combined sewer system" means ditches, drains, sewers, treatment facilities and disposal facilities that collect, transport, treat or dispose of a combination of municipal sewage and stormwater in a single system.

(2)  The discharger must ensure that no person constructs or expands a combined sewer system.

(3)  Emergency repairs to existing combined sewer systems are permitted, however, the discharger must ensure that the person responsible for the municipal sewage collection system assesses the feasibility of sewer separation and, wherever possible, separates the storm and sanitary sewers at the time of repair.

Combined sewer overflows

15 (1)  The discharger must ensure that no person allows a combined sewer overflow to occur during storm or snowmelt events with less than a 5-year return period, unless

(a) for municipal sewage collection systems for which the contributory population equivalent is equal to or greater than 10 000 persons, the person responsible for the municipal sewage collection system addresses as part of a liquid waste management plan existing combined sewer overflows including undertaking measures to eliminate overflows, or

(b) for municipal sewage collection systems for which the contributory population equivalent is less than 10 000 persons, the person responsible for the municipal sewage collection system develops a liquid waste management plan or conducts a study and develops and implements measures such that combined sewer overflows are eventually eliminated.

(2)  Despite subcondition (1) the discharger must ensure that the person responsible for the municipal sewage collection system, on the request of a director and at least once in each 10 year period, prepares and maintains for inspection a record containing all the following information:

(a) an estimate of the volume, frequency and number of combined sewer overflow occurrences for each overflow location;

(b) based on the estimate in paragraph (a), an estimate of the total annual volume of all combined sewer overflow occurrences which occur during storm or snowmelt events with less than a 5 year return period;

(c) the steps that have been or will be taken to reduce volume, frequency and number of combined sewer overflow occurrences;

(d) a plan for the reduction in the volume estimated under paragraph (b) by an average 1.0% per year over a 10 calendar year period;

(e) an assessment of the potential impact of the overflow occurrences on the receiving environment at each overflow location;

(f) a record of each overflow occurrence which occurs during storm or snowmelt events with less than a 5 year return period.

(3)  The discharger may not employ storage or conveyance facilities to reduce the amount of sewer separation required, unless the facilities immediately reduce and ultimately prevent the occurrence of combined sewer overflows.

(4)  If facilities are used under subcondition (3) and primary and secondary treatment are available, the discharger must

(a) provide at least primary treatment for the flows greater than 2.0 times the ADWF,

(b) utilize the full secondary capacity of the treatment plant,

(c) combine the primary and secondary effluent prior to discharge,

(d) maintain a minimum receiving environment to discharge dilution ratio of 40:1, and

(e) if disinfection is required, provide adequate excess disinfection capacity to ensure disinfection of the entire discharge flow.

Sanitary Sewer Overflows

16 (1)  On and after January 1, 2004, The discharger must ensure that no person allows a sanitary sewer overflow to occur during storm or snowmelt events with less than a 5-year return period, unless

(a) for municipal sewage collection systems for which the contributory population equivalent is equal to or greater than 10 000 persons, the person responsible for the municipal sewage collection system addresses as part of a liquid waste management plan existing sanitary sewer overflows including undertaking measures to eliminate overflows, and

(b) for municipal sewage collection systems for which the contributory population equivalent is less than 10 000 persons, the person responsible for the municipal sewage collection system develops a liquid waste management plan or conducts a study and develops and implements measures such that sanitary sewer overflows are eliminated.

(2)  Despite subcondition (1), the discharger must ensure that the person responsible for the sewage collection system, on the request of a director and, at least once in each 10 year period, prepares and maintains for inspection a record containing all the following information:

(a) an estimate of the volume, frequency and number of sanitary sewer overflow occurrences for each overflow location;

(b) based on the estimate in paragraph (a), an estimate of the total annual volume of all sanitary sewer overflow occurrences which occur during storm or snowmelt events with less than a 5 year return period;

(c) the steps that have been or will be taken to reduce volume, frequency and number of sanitary sewer overflow occurrences;

(d) a plan for the reduction in the volume estimated under paragraph (b) by an average 10.0% per year over a 10 calendar year period;

(e) an assessment of the potential impact of the overflow occurrences on the receiving environment at each overflow location;

(f) a record of each overflow occurrence which occurs during storm or snowmelt events with less than a 5 year return period.

(3)  The discharger may not employ storage or conveyance facilities to reduce the amount of I/I reduction required, unless the facilities immediately reduce and ultimately prevent the occurrence of sanitary sewer overflows.

(4)  If facilities are used under subcondition (3) and primary and secondary treatment are available, the discharger must do all of the following:

(a) provide at least primary treatment for the flows greater than 2.0 times the ADWF;

(b) utilize the full secondary capacity of the treatment plant;

(c) combine the primary and secondary effluent prior to discharge;

(d) maintain a minimum receiving environment to discharge dilution ratio of 40:1;

(e) if disinfection is required, provide adequate excess disinfection capacity to ensure disinfection of the entire discharge flow.

Inflow and infiltration

17 (1)  The discharger must ensure that no person allows inflow and infiltration so that the maximum average daily flow exceeds 2.0 times ADWF to occur during storm or snowmelt events with less than a 5-year return period, unless

(a) if 2.0 times ADWF is exceeded at the treatment plant and for municipal sewage collection systems for which the contributory population to the treatment plant is equivalent to or exceeds 10 000 persons, the discharger addresses how I/I can be reduced as part of a liquid waste management plan, or

(b) if 2.0 times ADWF is exceeded at the treatment plant and for municipal sewage collection systems for which the contributory population equivalent to the treatment plant is less than 10 000 persons, the discharger either develops a liquid waste management plan or conducts a study and develops and implements measures that are developed in either the liquid waste management plan or the study such that I/I is reduced.

(2)  Despite subcondition (1), if reductions below 2.0 times ADWF are not possible or cost effective based on a cost/benefit analysis, the discharger must

(a) provide full secondary treatment for the entire flow at all times, or

(b) undertake all of the following:

(i)  provide at least primary treatment for flows greater than 2.0 times the ADWF;

(ii)  utilize the full secondary treatment capacity of the treatment facility;

(iii)  combine the primary and secondary effluent prior to discharge;

(iv)  maintain a minimum receiving environment to discharge dilution ratio of 40:1;

(v)  if disinfection is required, provide adequate excess disinfection capacity to ensure disinfection of the entire discharge flow.