Department of the Environment
Canadian Environmental Protection Act, 1999

Notice Requiring the Preparation and Implementation of Pollution Prevention Plans for Inorganic Chloramines and Chlorinated Wastewater Effluents

  1. Definitions
  2. Person or class of persons required to prepare and implement a pollution prevention plan
  3. Activities in relation to which the plan is to be prepared
  4. Factors to be considered in preparing the plan
  5. Period within which the pollution prevention plan is to be prepared
  6. Period within which the pollution prevention plan is to be implemented
  7. Content of the pollution prevention plan
  8. Requirement to keep plan
  9. Declaration of Preparation
  10. Declaration of Implementation
  11. Filing of amended declarations
  12. Use of a plan prepared or implemented for another purpose
  13. Extension of time
  14. Application for waiver of factors to consider
  15. Additional information
  16. Reference Code
  17. Declarations and Forms
  18. Environment Canada contact information:

Whereas inorganic chloramines and chlorinated wastewater effluents are substances specified on the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999;

Whereas the Minister of the Environment published a Proposed Notice requiring the preparation and implementation of pollution prevention plans for ammonia dissolved in water, inorganic chloramines and chlorinated wastewater effluents in the Canada Gazette, Part 1, on June 7, 2003;

Whereas persons were given the opportunity to file comments with respect to the Proposed Notice for a comment period of 60 days;

Whereas the Minister has considered all comments received;

Whereas this Notice is issued as an instrument respecting preventive and control action in relation to inorganic chloramines and chlorinated wastewater effluents in application of section 92 of the Act;

And whereas, the Minister has published a Guideline for the Release of Ammonia Dissolved in Water Found in Wastewater Effluents;

The Minister of the Environment hereby requires all the persons or class of persons described in section 2 of this Notice to prepare and implement a pollution prevention plan in respect of inorganic chloramines and chlorinated wastewater effluents.

STÉPHANE DION
Minister of the Environment

1. Definitions

Act
means the Canadian Environmental Protection Act, 1999
effluent
means untreated or treated wastewater that is released from the outfall(s) of a wastewater system, excluding combined sewer overflows from the wastewater system.
representative sampling
means the daily measurement of total residual chlorine concentration in the effluent under normal operating conditions of the wastewater treatment facility.
surface water
means a lake, pond, marsh, creek, spring, stream, river, estuary or marine body of water, or other surface watercourse.
total residual chlorine
, or TRC, means the concentration of free chlorine and combined chlorine (including inorganic chloramines), expressed as Cl-.
wastewater
means a mixture of liquid wastes primarily composed of domestic sewage, that can also include other liquid wastes from industrial, commercial and institutional sources.
wastewater system
means any works for the collection or treatment and release of wastewater or any part of such works.

2. Person or class of persons required to prepare and implement a pollution prevention plan

This Notice applies to any person who owns a wastewater system at the time of publication of this Notice where the effluent released during either 2004 or 2005 from that system to surface water is greater than or equal to 5 000 m3 per day, based on an annual average, and where the concentration of total residual chlorine in the effluent released to surface water exceeds 0.02 mg/L in any sample during either 2004 or 2005, based on representative sampling.

3. Activities in relation to which the plan is to be prepared

The Minister requires all persons subject to this Notice to prepare and implement a pollution prevention plan in relation to the use of chlorine or chlorine compounds in wastewater systems and the release of chlorinated effluent to surface water.

4. Factors to be considered in preparing the plan

During the preparation of pollution prevention plans, the Minister requires all persons subject to this Notice to consider the following factors:

  1. Following detailed scientific assessments, inorganic chloramines and chlorinated wastewater effluents were found to be toxic under the Act. As such, these substances were added to the List of Toxic Substances in Schedule 1 of the Act. Persons subject to this Notice shall consider that these substances are "toxic" in accordance with the criteria set out in section 64 of the Act. In addition, the deposit of a deleterious substance of any type in water frequented by fish is prohibited by the Fisheries Act, under subsection 36(3), unless there is a regulation under subsection 36(5) of the Fisheries Act or under another federal law authorizing the deposit. With respect to inorganic chloramines and chlorinated wastewater effluents, there is no federal regulation at time of publication. Refer to section 15 of this Notice for links to the Fisheries Act and Compliance and Enforcement Policies of the Fisheries Actand the Act.
  2. "Pollution prevention", as defined in section 3 of the Act, means the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health. Pollution prevention planning is a means of addressing the release, to the environment, of toxic substances or other pollutants. The result of pollution prevention planning is the implementation of preventive and/or control actions. In order to achieve the risk management objective set out in section 4(3), persons subject to this Notice shall consider the following activities when preparing and implementing their pollution prevention plans:
    1. Conducting process audits for chlorine by June 15, 2006, and implementing actions based on the audit findings by December 15, 2008 that minimize the use and release of chlorine or chlorine compounds. Refer to section 15 of this Notice for links to technical guidance.
    2. Implementing dechlorination or alternative disinfection technologies. Refer to section 15 of this Notice for links to technical guidance.
  3. The risk management objective for this Notice is to achieve and maintain a concentration of total residual chlorine that is less than or equal to 0.02 mg/L in the effluent released to surface water by December 15, 2009.
  4. The Canadian Council of Ministers of the Environment (CCME) agreed in November 2003 to develop a Canada-wide Strategy for the management of municipal wastewater effluents, which will address specific parameters and governance. The Strategy will be based on the following three cornerstones:
    1. harmonization of the regulatory framework,
    2. coordinated science and research,
    3. an environmental risk management model.
    The Strategy is expected to be completed by December 2006, after which it will be implemented by each jurisdiction. Environment Canada intends to use a regulation under the Fisheries Actas its principal implementation tool to achieve effluent standards for wastewater treatment systems equivalent in performance to conventional secondary treatment, with additional treatment where required. The regulation will also address wastewater systems on federal and aboriginal lands. Refer to section 15 of this Notice for links to the CCME website and information on the Canada-wide Strategy.
  5. In order to ensure that the overall risk to the environment or human health is reduced, the pollution prevention plan prepared for this Notice should include, where relevant, prevention and control actions that address risks posed by other substances that may be found in municipal wastewater effluent, in particular, the following substances which are specified on Schedule 1 of the Act:
    1. nonylphenol and its ethoxylates
    2. effluents from textile mills that use wet processing
    3. mercury
    4. lead
    5. hexavalent chromium compounds
    6. inorganic cadmium compounds
    7. inorganic arsenic compounds
    8. ammonia dissolved in water

5. Period within which the pollution prevention plan is to be prepared

The Minister requires that the pollution prevention plan be prepared and implementation be initiated by June 15, 2007.

6. Period within which the pollution prevention plan is to be implemented

The Minister requires that the pollution prevention plan be implemented by June 15, 2010.

7. Content of the pollution prevention plan

Persons preparing the pollution prevention plan are to determine the appropriate content of their own plan; however, the plan must meet all the requirements of this Notice. It must also contain the information required to file the Declaration of Preparation referred to in section 9 and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 10.

8. Requirement to keep plan

Under section 59 of the Act, all persons identified in section 2 shall keep a copy of the pollution prevention plan at the place in Canada in relation to which the pollution prevention plan is prepared. Where a single plan is prepared for more than one wastewater system, a copy of that plan must be kept at each location.

9. Declaration of Preparation

Under subsection 58(1) of the Act, persons identified in section 2 shall file, within 30 days after the end of the period for the preparation of the pollution prevention plan specified in section 5 or extended under section 13, a written Declaration that a Pollution Prevention Plan has been Prepared and is being Implemented - Inorganic Chloramines and Chlorinated Wastewater Effluents, using the form given in Schedule 1 of this Notice, to the Minister. Where a person has prepared a single plan for more than one wastewater system, a separate Declaration of Preparation must be filed for each of those systems. Section 17 provides further information on completing and filing this form.

10. Declaration of Implementation

Under subsection 58(2) of the Act, persons identified in section 2 shall file, within 30 days after the completion of the implementation of the plan, a written Declaration that a Pollution Prevention Plan has been Implemented - Inorganic Chloramines and Chlorinated Wastewater Effluents, using the form given in Schedule 5 of this Notice, to the Minister. Where a person has prepared a single plan for more than one wastewater system, a separate Declaration of Implementation must be filed for each of those systems. Section 17 provides further information on completing and filing this form.

11. Filing of amended declarations

Under subsection 58(3) of the Act, where a person specified in section 2 has filed a declaration under section 9 or 10, and the declaration contains information that, at any time after the filing, has become false or misleading, that person shall file an amended declaration to the Minister within 30 days after the time that the information became false or misleading, using the appropriate form referred to in section 9 or 10.

12. Use of a plan prepared or implemented for another purpose

Under subsection 57(1) of the Act, a person may use an existing pollution prevention plan, or other plan in respect of pollution prevention prepared or implemented for another purpose, to satisfy the requirements of sections 2 to 8 of this Notice. Under subsection 57(2) of the Act, where a person uses a plan that does not meet all the requirements of this Notice, the person shall amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. Persons using existing plans must nonetheless file a Declaration of Preparation under section 9, a Declaration of Implementation under section 10, and any amended declarations under section 11.

13. Extension of time

Under subsection 56(3) of the Act, where the Minister is of the opinion that further time is necessary to prepare the plan as specified in section 5 or to implement the plan as specified in section 6, the Minister may extend the period for a person who submits a written Request for Time Extension - Inorganic Chloramines and Chlorinated Wastewater Effluents, using the form given in Schedule 3 of this Notice, before the expiry of the date referred to in the applicable section 5 or section 6 or before the expiry of any extended period. Section 17 provides further information on completing and filing this form.

14. Application for waiver of factors to consider

Under subsection 56(5) of the Act, the Minister may waive the requirement for a person to consider a factor specified in section 4 where the Minister is of the opinion that it is not reasonable or practicable to consider that factor on the basis of reasons provided by that person when submitting a written Request for Waiver of the Requirement to Consider a Factor or Factors - Inorganic Chloramines and Chlorinated Wastewater Effluents, using the form given in Schedule 2 of this Notice. Such a request must be made before June 15, 2007 or before the expiry of any extended period. Section 17 provides further information on completing and filing this form.

15. Additional information

Environment Canada has published a Guideline for the Release of Ammonia Dissolved in Water found in Wastewater Effluents. To obtain a copy of the Guideline, refer to the CEPA Registry website at http://www.ec.gc.ca/ceparegistry.

To obtain a copy of the document "Review of Municipal Sewage Effluent Chlorination/ Dechlorination Principles, Technologies and Practices (November 2003)", refer to Environment Canada's Georgia Basin website at http://www.pyr.ec.gc.ca/georgiabasin/reports_e.htm.

To obtain a copy of the following document "U.V. Guidance Manual for Municipal Wastewater Treatment Plants in Canada" (October 2003), refer to the Great Lakes Sustainability Fund website at http://sustainabilityfund.gc.ca or contact: Manager, Great Lakes Sustainability Fund, 867 Lakeshore Road, Burlington, Ontario, L7R 4A6, (905) 336-6273.

To obtain a copy of the document "Guidance Manual for Sewage Treatment Plant Process Audits", refer to the Great Lakes Sustainability Fund website at http://sustainabilityfund.gc.ca or contact: Manager, Great Lakes Sustainability Fund, 867 Lakeshore Road, Burlington, Ontario, L7R 4A6, (905) 336-6273.

To obtain a copy of the Fisheries Act, refer to Department of Justice website at http://laws.justice.gc.ca/en/f-14/. For more information on the compliance and enforcement policies of the Fisheries Act and the Act, visit the Environmental Law Enforcement website at: http://www.ec.gc.ca/ele-ale/policies/policies_e.asp.

Additional information on pollution prevention and preparing pollution prevention plans is available from the National Office of Pollution Prevention website at http://www.ec.gc.ca/nopp/, the Canadian Pollution Prevention Information Clearinghouse website at http://www.ec.gc.ca/cppic, and Environment Canada's regional offices.

To obtain information regarding the CCME Canada-wide Strategy for the management of municipal wastewater effluents, visit the CCME website at http://www.ccme.ca/initiatives/water.html?category_id=81.

16. Reference Code

For administrative purposes, all communication with Environment Canada concerning this Notice shall refer to the following reference code: P2CLMWWE

17. Declarations and Forms

Declarations and forms referred to in this Notice are available from and are to be submitted to:

National Office of Pollution Prevention
c/o CEPA Implementation and Innovation Division
Environment Canada
351 St. Joseph Blvd, 13th Floor
Gatineau, QC K1A 0H3

Alternatively, the forms can be completed electronically at the website listed below.

Electronic copies of this Notice, and the instructions for completing the declarations and forms (Schedules 1 to 5) are available from the National Office of Pollution Prevention website, at http://www.ec.gc.ca/nopp/p2p/en/p2notices.cfm or can be requested by telephone at (819) 994- 0186, by fax at (819) 953-7970, or by email: cepap2plans@ec.gc.ca.

The Minister of the Environment intends to publish, in part, the information submitted in response to this Notice on Environment Canada's Green Lane web site. All persons submitting information to the Minister are entitled to submit a request under section 313 of the Act that specific information be treated as confidential.

18. Environment Canada contact information:

For residents of Newfoundland and Labrador

Environmental Protection Branch - Atlantic Region
Environment Canada
6 Bruce Street Mount
Pearl, NL A1N 4T3
Tel: (709) 772-5491
Fax: (709) 772-5097

For residents of Prince Edward Island

Environmental Protection Branch - Atlantic Region
Environment Canada
97 Queen Street, Room 202
Charlottetown, PE C1A 4A9
Tel: (902) 566-7043
Fax: (902) 566-7279

For residents of Nova Scotia

Environmental Protection Branch - Atlantic Region
Environment Canada
Queen Square, 45 Alderney Drive, 16th Floor
Dartmouth, NS B2Y 2N6
Tel: (902) 426-8926
Fax: (902) 426-3897

For residents of New Brunswick

Environmental Protection Branch - Atlantic Region
Environment Canada
77 Westmorland, Suite 450
Fredericton, NB E3B 6Z3
Tel: (506) 452-3286
Fax: (506) 452-3003

For residents of Quebec

Environmental Protection Branch - Quebec Region
Environment Canada
105 McGill Street, 4th Floor
Montreal, QC H2Y 2E7
Tel: (514) 283-4670
Fax: (514) 283-4423

For residents of Ontario

Environmental Protection Branch - Ontario Region
Environment Canada
4905 Dufferin Street
Downsview, ON M3H 5T4
Tel: (416) 739-5888
Fax: (416) 739-4342

For residents of Manitoba

Environmental Protection Branch - Prairie and Northern Region
Environment Canada
123 Main Street
Winnipeg, MB R3C 4W2
Tel: (204) 983-4811
Fax: (204) 983-0960

For residents of Saskatchewan

Environmental Protection Branch - Prairie and Northern Region
Environment Canada
300 - 2365 Albert Street
Regina, SK S4P 4K1
Tel: (306) 780-6390
Fax: (306) 780-6466

For residents of Alberta

Environmental Protection Branch - Prairie and Northern Region
Environment Canada
4999 - 98th Avenue
Edmonton, AB T6B 2X3
Tel: (780) 951-8860
Fax: (780) 495-4099

For residents of the Northwest Territories and Nunavut

Environmental Protection Branch - Prairie and Northern Region
Environment Canada
301 - 5204 50th Avenue
Yellowknife, NWT X1A 1E2
Tel: (867) 669-4725
Fax: (867) 873-8185

For residents of British Columbia

Environmental Protection Branch - Pacific and Yukon Region
Environment Canada
201 - 401 Burrard Street
Vancouver, BC V6C 3S5
Tel: (604) 666-2799
Fax: (604) 666-9107

For residents of Yukon

Environmental Protection Branch - Pacific and Yukon Region
Environment Canada
91782 Alaska Hwy.
Whitehorse, YT Y1A 5B7
Tel: (867) 667-3401
Fax: (867) 667-7962

Environment Canada Headquarters

Environmental Technology Advancement Directorate
Environmental Protection Service
Place Vincent Massey
351 St. Joseph Boulevard
Hull, QC K1A 0H3
Tel: (819) 953-8074
Fax: (819) 953-7253

EXPLANATORY NOTE

(this note is not part of the Notice)

Compliance

Compliance with the Act is mandatory under subsection 272(1) of the Act. Subsection 272(2) of the Act defines the penalties for persons who commit offenses under the Act. Subsections 273(1) and 273(2) further outline the terms and penalties of those persons providing false or misleading information. Penalties under both subsection 272(2) and 273(2) include fines of not more than $1,000,000, imprisonment for a term of not more than three years, or both.

For additional information on the Act and the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 and on applicable penalties, please contact the Enforcement Branch at (819) 953-0331. The Policy is available at: http://www.ec.gc.ca/ceparegistry/enforcement.

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