Report of the Expert Panel on Safe Drinking Water for First Nations
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Wastewater Treatment
| Regulatory Requirement (Wastewater Treatment) | Statute, Regulation, etc. | Section |
|---|---|---|
| Alberta | ||
| Approval or registration required to commence or carry out activities designated in regulation An approval is required for the construction, operation or reclamation of a wastewater system that uses a wastewater treatment plant other than a wastewater lagoon, and (i) that (A) serves 2 or more service connections within a municipality (etc.) (B) is owned by a regional services commission, or (C) is a private utility, OR (ii) that serves an industrial development or privately owned development and (A) discharges treated wastewater off the site of the development, or (B) is designed to treat more than 25 cubic metres of wastewater per day |
Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 Activities Designation Regulation, Alta. Reg. 276/2003 (under the EPEA) | 60, 61
5(1), Sch. 1, Div. 2, Part 7 (g) |
| A registration required for the construction, operation or reclamation of a wastewater system that uses a wastewater lagoon as the wastewater treatment plant, and is as described above A registration required for the construction, operation or reclamation of a wastewater collection system is as described above |
Activities Designation Regulation, Alta. Reg. 276/2003 (under the EPEA) | 5(1), Sch. 2,
Div. 2 (d), (e) |
| Certified operator required for operation of wastewater treatment plant or wastewater collection system, who must hold appropriate certificate The person responsible for the wastewater system must ensure adequate number of certified operators are available to perform or direct the operation of the wastewater treatment plant or wastewater collection system Director may issue certificates of qualification provided for in the latest edition of the Water and Wastewater Operators' Certification Guidelines The person responsible for a wastewater system or storm drainage system must submit returns and reports respecting the construction, operation or reclamation of the system Sampling requirements |
Wastewater and Storm Drainage Regulation, Alta. Reg. 119/1993
Wastewater and Storm Drainage (Ministerial) Regulation, Alta. Reg. 120/1993
(Identical; both made under Environmental Protection and Enhancement Act) |
2(1)
2(2)
3(1)
4
5 |
| A certificate of qualification issued under s. 3 of the Wastewater and Storm Drainage (Ministerial) Regulation is valid for 3 years | Environmental Protection and Enhancement (Miscellaneous) Regulation, Alta. Reg. 118/1993 | 8 |
| Types of certification, facility classification, operator responsibilities, facility owner responsibilities, operator qualifications (incl. experience & education requirements), examinations | Water and Wastewater Operators' Certification Guidelines | Generally |
| Overview of approval process Performance standards Design standards Design guidelines Operating and monitoring requirements and guidelines |
Standards and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage Systems (January 2006) | 1
3
5
7
10 |
| Alberta Capital Region Wastewater Commission supplies sewage transmission and treatment services to several municipalities | Alberta Capital Region Wastewater Commission Regulation, Alta. Reg. 129/1985 | Generally |
| British Columbia | ||
Areas addressed:
|
Sewerage System Regulation, B.C. Reg. 326/2004, O.C. 701/2004 (under Health Act) | Generally |
Areas addressed:
|
Municipal Sewage Regulation, B.C. Reg. 129/99 (made under the Environmental Management Act) | 5-6
7, Sch.
2-5
8
9
10
11, 12
13
14-15
16-23
24-27
28 |
| Manitoba | ||
| Municipality, sanitary district, or person contemplating the construction of a common sewer or public sewerage system or sewage treatment and disposal system must submit plans, specs, reports, etc. to the Minister; must be prepared by a P. Eng. Certificate required from Minister for construction or operation of a common sewer or public sewerage system or sewage treatment and disposal system No common sewer or sewerage system shall be established or continued unless there is maintained in connection therewith a system of sewage treatment and disposal satisfactory to the Minister Effluent must not cause (during periods of minimum flow of the receiving body) a nuisance or offence in accordance with the requirements of the Environment Act or regulations A municipality, sanitary district, water district, or person having control of a sewerage system, sewage disposal or treatment works or plant, or public water system, is responsible for managing, operating, working, or controlling the system, works, or plant in an efficient and safe manner and in conformity with the requirements of the Minister or The Environment Act and regulations Any municipality or person discharging raw or untreated sewage into any water course must make adequate provisions for disposal of all sewage to the satisfaction of the Minister, and in accordance with The Environment Act and regulations |
Water Works, Sewerage and Sewage Disposal Regulation, Man. Reg. 331/88R (made under the Public Health Act) [But see next entry] | 6, 12
7(1)
8
9
10
11 |
| Wastewater treatment is no longer handled under Reg. 331/88R under the Public Health Act. We simply waive the requirement conditional on application under the Environment Act – Classes of Development Regulation | Don Rocan (Manager, Ministry of Water Stewardship) | - |
| No person may operate an unclassified facility Classification of facilities Structure, powers of Certification Advisory Committee Classes of certificates range from training, small system and 1 to 4 Director may issue operator's certificate if Sched. B criteria satisfied Conditional certificate available, based on employment |
Water and Wastewater Facility Operators Regulation, M. Reg. 77/2003 (made under The Environment Act) | 4(1)
2
11
12
13(3)
15(1) |
Operating requirements:
|
Water and Wastewater Facility Operators Regulation | 23(1)
26(1)
31 |
Responsibilities of operator in charge:
|
Water and Wastewater Facility Operators Regulation | 32(a)-(d) |
| Regulation of septic systems | Onsite Wastewater Management Systems Regulation, M. Reg 83/2003 (Environment Act) | Generally |
| Newfoundland and Labrador | ||
| Wastewater treatment plants require a permit, which involves submitting to the Minister the plans, specifications and an engineer's report of the sewage works to be undertaken and the location of the discharge of the effluent | Water Resources Act, SNL 2002, W4.01 | 36 |
| A person shall not throw out, deposit or bury excreta from human bodies other than in an approved sewage system Certificate of approval from an inspector (and, where required, approval from all controlling agencies) required for installing a sewage system A sewage system shall not discharge sewage or effluent onto the ground except where the system is designed so that properly treated effluent is discharged into the soil Manufacture or sale of septic tanks & appurtenances which have a working capacity of less than 2,300 litres require approval of a professional engineer in consultation with the department |
Sanitation Regulations, C.N.L.R. 803/96 (made under the Health and Community Services Act) | 4(1)
4(3)
5(3)
6(1) |
| "Alternate sewage system" (any plumbed sewage system utilizing secondary or tertiary treatment processes or a system where effluent is discharged other than to a conventional disposal field, seepage pit or ocean pipeline) may be approved, where a s. 5 system could not be used or is would not be practical Application for an alternate sewage system requires assessment data (incl. water table monitoring, percolation test, soil profile and grain size analysis data) and design specifications and blueprints for the proposed alternate sewage system, both compiled by a professional engineer |
Sanitation Regulations | 7(1)-(2)
7(3)-(4) |
| Temporary sewage systems may be permitted where a contract has been awarded respecting a building lot which is to be serviced by a municipal sewage system | Sanitation Regulations | 9 |
| A person discharging sewage and other materials into a body of water, public sewer shall comply with the standards, conditions and provisions prescribed in these regulations for the constituents, contents or description of the sewage or other discharged materials A person shall not discharge into a public sewer sewage or effluent containing a constituent specified in Schedule B having a content greater than indicated, or having a temperature in excess of 65° C, or having a pH less than 5.5 or greater than 9.0 A person shall not discharge into a body of water sewage or effluent containing a constituent specified in Schedule A, or effluent of certain temperatures , pH values and radioactivity Discharge of pollutant remains prohibited Effluent samples and receiving water samples must be taken as composite samples or as grab samples; and for composite sampling, all levels must be within ss. 5 and 6 values and Schedules A and B; and for grab samples, 90% of all levels taken in one month must be within ss. 5 and 6 values and Schedules A and B The Minister may require that a discharger of sewage monitor and report its effluent for the constituents in ss. 4 and 5 and Schedules A and B |
Environmental Control Water and Sewage Regulations, 2003, N.L.R. 65/03 (made under the Water Resources Act) | 3
5
6
7
9
10 |
| New Brunswick | ||
| Minister may issue a Ministerial Order requiring the person to whom it is directed to install, replace or alter a wastewater treatment facility in order to control, reduce, eliminate or remedy the release of a contaminant or waste into or upon water | Clean Water Act, S.N.B., c. C-6.1 | 4(f) |
| Approval required to construct, modify or operate any sewage works No person shall construct, modify or operate a sewage works except in accordance with the terms and conditions of the approval issued therefor Notwithstanding s. 3, no approval is required for the construction of a private service connection, incl. the tapping of a water or sewage main for that purpose |
Water Quality Regulation, N.B. Reg. 82-126 (under the Clean Environment Act) | 3(4)
3(7)
5(4) |
| Application for an approval must be made on a form supplied by the Minister; information demanded by the Minister may include location plans, site plans, process detail, flow plans, material balances, capacities, engineer's and other technical reports, design bases and assumptions, engineering plans and specifications, schedules of construction or production, final as-built drawings, test results and engineer's descriptions of contaminants or dangers of pollution, processes, facilities, the intended or actual efficiency and mode of operation of components and systems, points of discharge of effluent, contingency plans, pollution control equipment, personnel and procedures, costs of construction or modification of the source, sewage works or waterworks and internal arrangements related to the source, sewage works or waterworks Upon receiving application, Minister may require the applicant to publish notice of the application in The Royal Gazette or such newspaper as the Minister may require, attend at any public meeting arranged by the Minister, etc. |
Water Quality Regulation | 6(1)-(3)
7(1) |
Approval may include terms and conditions, incl. re:
|
Water Quality Regulation | 8(2) |
| No person may cease to operate a sewage works without the written consent of the Minister Minister may inspect sewer works The Minister may require a person responsible for a sewage works to monitor and maintain records of parameters of operation of thereof discharge therefrom |
Water Quality Regulation | 14
16(1)
17(1) |
| Northwest Territories | ||
| The design of water treatment plants shall be adequate to provide the treatment of the raw water which is required to produce finished water Other requirements address:
|
Public Water Supply Regulations, R.R.N.W.T. 1990, c. P-23 (made under the Public Health Act) | 14(1)
14(2)-(6) |
| Approval required for construction or operation of public sewerage system Inspection powers of public sewerage systems Public sewerage systems may be ordered to be closed where the Chief Medical Health Officer is satisfied that the disposal of sewage or effluent creates a health hazard Final disposal of effluent cannot create a health hazard or be aesthetically unacceptable Design of sewers and sewage pumping stations regulated Connections between sewers and potable water supply prohibited Design of sewage treatment systems; safety measures to protect operators and visitors Effluent chlorination requirements |
Public Sewerage Systems Regulations, R.R.N.W.T. 1990, c. P-22 (under the Public Health Act) | 3
4
5
6(1)
7
8(1)
9-10
11 |
| Nova Scotia | ||
| Sewage treatment plants require operating approvals | Activities Designation Regulations, N.S. Reg. 47/95 (Environment Act) | 7(2)(a) |
| Classification of facilities; classification of wastewater treatment facility; classification of wastewater collection facility (by population and points) Application and issuance of facility classification certificate Operator certification certificates exist for wastewater treatment operators, wastewater collection operators; certification procedures and requirements |
Water and Wastewater Facilities and Public Drinking Water Supplies Regulation, N.S. Reg. 186/2005 (made under the Environment Act) | 7, 11, 12
8
14-26 |
| Septic systems regulated | On-site Sewage Disposal Systems Regulations, N.S. Reg. 51/97 (made under the Health Act) | Generally |
| Nunavut | ||
| Councils have may, by bylaw, provide for the establishment, acquisition, operation, maintenance or alteration of sewage systems or water distribution systems | Cities, Towns and Villages Act, R.S.N.W.T. 1988, c. C-8 | 55(2)(d) |
| Ontario | ||
| Application No person shall establish, alter, extend or replace new or existing sewage works except under and in accordance with an approval granted by a Director, who may require applicant to submit plans, specifications, engineer's report and other information and to carry out and report on tests or experiments relating to the location of the discharge of effluent or the work to be undertaken; Certificate of approval may be subject to conditions Tribunal hearing required under certain circumstances |
Ontario Water Resources Act, R.S.O. 1990, c. O.40 | 53(6)
53(1)-4)
54-55 |
| Owner of sewage works must make returns to a Director on the matters specified by the Director in a direction to the owner Sewage works must be maintained, kept in repair and operated in such manner as may be directed by a Director |
Ontario Water Resources Act | 60 61 |
| Director can report to a municipality that it is necessary in the public interest that sewage works be established or altered, and the municipality must implement the report of the Director A municipality may apply to the Ontario Clean Water Agency for the provision of and operation by the Agency of sewage works; parties may enter into such an agreement |
Ontario Water Resources Act | 62
63ff |
| ("Facility" means a wastewater collection facility or a wastewater treatment facility) Regulation applies to most facilities that are owned or operated by the Crown or a municipality, and some that are not Certificate of classification must be obtained (classification by point system) Classes of operator's licences |
Licensing of Sewage Works Operators Regulation, O. Reg. 129/04 (made under the OWRA) | 1
2
4,
Sch. 1 6 |
Operating standards:
|
Licensing of Sewage Works Operators Regulation | 14
15-18
19
20
21 |
| Classification system for sewage systems Sewage systems must comply with the standards prescribed in this Regulation or those provided in a certificate of approval issued |
Sewage Systems Regulation, R.R.O. 1990, Reg. 358 (made under the Environmental Protection Act) | 2 4(1) |
Sewage standards address:
|
Sewage Systems Regulation | 4(2)
6
7
8, 9
10
11
12
13
13.1 |
| Prince Edward Island | ||
| Facility classification certificate required for a facility (which incl. a wastewater treatment facility or wastewater collection facility) Certified operator required for each facility Requirements for operator's certificate |
Drinking Water and Wastewater Facility Operating Regulations, P.E.I. Reg. EC710/04 (under the Environmental Protection Act) | 2
4
5(5), Sch. B |
| Monitoring requirements: owner of wastewater treatment facility must ensure that samples of treated wastewater are collected and analyzed for (a) biological oxygen demand, suspended solids and fecal coliform bacteria on a quarterly basis (or monthly, depending on classification); (b) ammonia, total phosphorous and total nitrogen on a yearly basis; and (c) any other parameter required by the Department Annual reporting to customers required |
Drinking Water and Wastewater Facility Operating Regulations | 17
19 |
| Quebec | ||
| Addresses wastewater treatement | Cadre de gestion relatif à la réalisation des projets municipaux du Programme d'assainissement des eaux, R.Q. c. Q-2, r.1.1 | Generally |
| The Minister shall issue a depollution attestation to every municipality which operates wastewater treatment works Depollution attestations set out:
|
Environment Quality Act, R.S.Q., c. Q-2 | 31.33
31.3431.35 [not in force unless order is published] |
| Minister may determine municipal wastewater treatment standards | Environment Quality Act | 31.36 |
| No one may carry out work respecting sewers or the installation of devices for the treatment of waste water before submitting the plans and specifications to the Minister and obtaining his authorization No one may operate a waterworks and sewer system unless he has obtained a permit of operation from the Minister No one may cease to operate, alienate a sewer system otherwise than by succession without obtaining the Minister's authorization |
Environment Quality Act | 32
32.1
32.7 |
| Re vacation resorts: No one may set up or operate any amusement grounds, camping ground, trailer park, mobile home park, holiday camp or public beach, unless it is served by a sewer system authorized by the Minister or he holds a permit | Environment Quality Act | 33 |
| The Minister may order a municipality to acquire such a system or to install a new sewer system The Minister may, as regards a municipality, issue those orders he deems necessary in matters respecting the supplying of drinking water and the management of waste water. |
Environment Quality Act | 32.5
34 (2) |
| Construction/installation of sewer equipment must comply with the plans and specifications referred to in the authorization issued by the Minister under s. 32 of the Act and comply with the construction standards prescribed in this Regulation | Regulation respecting Waterworks and sewer services, R.Q. c. Q-2, r.7 (made under the Environment Quality Act) | 3 |
Construction standards address:
|
Regulation respecting Waterworks and sewer services | 4
5
6
11 |
Operation standards address:
|
Regulation respecting Waterworks and sewer services | 17, 19, 24, 32
18
20
21 |
| Application for a sewer system operating permit (pursuant to s. 32.1 of the Act) must submit a written application to the Minister in Forms 7, 9 Every operator must submit to the Ministère de l'Environnement et de la Faune an annual report on his operations for the preceding year Special provisions for sewer systems operated by a municipality outside its territorial limits |
Regulation respecting Waterworks and sewer services | 49
51
53ff |
| Saskatchewan | ||
| The council of a rural municipality in which a hamlet or an organized hamlet is located, of a town within the meaning of The Northern Municipalities Act, or of any other municipality other than a rural municipality or northern municipality shall ensure that there is a system for the disposal of sewage for use by the inhabitants thereof; (the same will apply in the future to the council of a northern village or northern hamlet within the meaning of The Northern Municipalities Act) | Public Health Act, 1994, S.S. 1994, c. P-37.1 | 14 |
| No person shall commence the construction, extension, alteration or operation of any waterworks or sewage works unless that person has first obtained a permit from the Minister to do so Permit may contain terms and conditions Every person wishing to obtain a permit must file with the Minister: (a) an application; (b) permission from the appropriate municipal authority for the construction of the sewage works into, on, along, across or under any road allowance or any public highway, square or other public place that may be affected by the sewage works; (c) any prescribed plans or other material; (d) the application fee; (e) if requested by the Minister, a report on the operation of the sewage works; and (f) other requested information Registration of permit notice, easements on land |
Environmental Management and Protection Act, 2002, S.S. c. E-10.21 | 21
23
22
24-28 |
| The Minister may issue a sewage works protection order to a person responsible for a sewage works if, in the opinion of the Minister, it is necessary to do so to protect human health or the environment | Environmental Management and Protection Act, 2002 | 31 |
| Adopts Guidelines for Sewage Works Design ("Guidelines") Scope of regulation Terms and conditions may be issued with permit A person who applies for a permit for a sewage works must file an application, and provide the information and materials required by the Guidelines |
The Water Regulations, 2002, c. E10.21, M. Reg 1 | 5(1)
6
9(2)
13 |
| Pumping stations must have mechanically forced air ventilation; water outlets must be equipped with a backflow prevention device | The Water Regulations | 15 |
| Wastewater treatment facilities must be operated so as to produce effluent that meets the requirements set out in the permittee's permit, these regulations and the regulations Unless otherwise set out in the permittee's permit, all wastewater treatment facilities in a sewage works must include a secondary treatment process that produces effluent with no more than 30 mg/L BOD5 or CBOD5, and 30 mg/ L TSS; or facultative lagoons designed in accordance with this section [which specifies number and layout of lagoons, surface area, storage volume, etc.] |
The Water Regulations | 16 16 |
| Report required for any upset conditions Disinfection requirements (specified in permit) Testing and record-keeping requirements (specified in permit) |
The Water Regulations | 17
18
19 |
| Yukon | ||
| An individual may, without a licence, deposit waste that is sewage from a residential building, in accordance with the Sewage Disposal Systems Regulation A person may deposit waste without a licence if the proposed use or deposit satisfies the criteria set out in respect of a municipal undertaking, in column 2 of Schedule 8 (of which item 3 is certain deposits of waste by a city, town, village) |
Water Regulation, Y.O.I.C. 2003/58 (made under the Waters Act) | 4(3) 4(1)(c) (iv) |
| This Regulation applies to the disposal of from all buildings, etc., except where disposed of by way of a municipal sewer system or authorized under the Yukon Waters Act (Canada) Addresses:
|
Sewage Disposal Systems Regulation, Y.O.I.C. 1999/82 (made under the Public Health and Safety Act) | 3
5-8
9-15
16-20
21-29
30-34
35-37
38-42 |
| The Legislature may make laws in relation to the following classes of subjects in respect of Yukon: … waters, other than waters in a federal conservation area, including the deposit of waste in those waters, the definition of what constitutes waste and the disposition of any right in respect of those waters under ss. 48(2) | Yukon Act, S.C. 2002, c. 7 | 18 (1)(n) |
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