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O. Reg. 60/08: LAKE SIMCOE PROTECTION

filed March 26, 2008 under Ontario Water Resources Act, R.S.O. 1990, c. O.40

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ONTARIO REGULATION 60/08

made under the

ONTARIO WATER RESOURCES ACT

Made: February 13, 2008
Filed: March 26, 2008
Published on e-Laws: March 27, 2008
Printed in The Ontario Gazette: April 12, 2008

LAKE SIMCOE PROTECTION

Definitions

1. In this Regulation,

“Lake Simcoe Basin” means Lake Simcoe and the part of Ontario from which surface water drains into Lake Simcoe;

“sewage treatment plant” means a sewage works for which an approval is required under section 53 of the Act and that,

(a) treats sewage from one or more buildings within the meaning of the Building Code Act, 1992, and

(b) disposes of the treated sewage in a surface water body in the Lake Simcoe Basin.

Total phosphorus discharge limit

2. (1) Each owner of a sewage treatment plant listed in Column 2 of Table 1 shall ensure that, from April 1, 2008 to March 31, 2009, the plant does not discharge in treated sewage to a surface water body an amount of total phosphorus that exceeds the amount listed opposite each plant in Column 4 of Table 1.

(2) If, during the period mentioned in subsection (1), a sewage treatment plant listed in Column 2 of Table 1 is replaced by a new sewage treatment plant,

(a) the reference to the sewage treatment plant in Column 2 of Table 1 is deemed to refer to the new sewage treatment plant; and

(b) the owner of the new sewage treatment plant shall include, in calculating the amount of total phosphorus for the purpose of subsection (1), the amount of total phosphorus already discharged during the period by the sewage treatment plant being replaced.

(3) If an approval granted under section 53 of the Act gives the owner of the sewage treatment plant temporary relief from complying with a total phosphorus discharge limit specified in the approval, the amount of total phosphorus discharged by the plant during the temporary relief period shall not be considered when determining whether the owner has complied with subsection (1).

Sampling requirements

3. (1) The Director appointed in respect of subsection 53 (3) of the Act shall, as soon as reasonably possible, provide the Ministry of the Environment’s Guideline, Procedure F-10-1, “Procedures for Sampling and Analysis: Requirements for Municipal and Private Sewage Treatment Works (Liquid Waste Streams Only)” to the owners of the sewage treatment plants listed in Table 1 as items 2, 4 and 7.

(2) Subject to subsections (3) and (4), the owners of the sewage treatment plants listed in Table 1 as items 2, 4 and 7 shall ensure that, from April 1, 2008 to March 31, 2009, samples of treated sewage are taken and tested for total phosphorus in accordance with the requirements of the Guideline provided by the Director under subsection (1).

(3) The samples referred to in subsection (2) shall be taken,

(a) immediately before a batch of treated sewage is discharged from the sewage treatment plant to a surface water body; and

(b) once a week in the period during which a batch of treated sewage is being discharged from the sewage treatment plant to the surface water body.

(4) This section does not apply if a sewage treatment plant mentioned in subsection (1) is replaced by a new sewage treatment plant.

Monthly calculation

4. (1) Each owner of a sewage treatment plant listed in Column 2 of Table 1 shall calculate the average amount of total phosphorus discharged from the plant for each month from April 1, 2008 to March 31, 2009.

(2) In calculating the average amount of total phosphorus under subsection (1), the owner shall, in a manner specified by the Director appointed in respect of subsection 53 (3) of the Act, base the calculation on,

(a) the sampling and testing results obtained under section 3, if that section applies; or

(b) the sampling and testing results obtained in accordance with the approval issued for the sewage treatment plant under section 53 of the Act, in every other case.

(3) Subsection (1) does not apply to a sewage treatment plant in respect of a month if the plant does not discharge treated sewage to a surface water body during that month.

(4) Each owner shall record the amount calculated under subsection (1) and make it available to a provincial officer upon request.

Final report

5. (1) Each owner of a sewage treatment plant listed in Column 2 of Table 1 shall, on or before June 30, 2009, submit a report to the Director appointed in respect of subsection 53 (3) of the Act, setting out for the period from April 1, 2008 to March 31, 2009,

(a) the amount of total phosphorus discharged from the plant for each month; and

(b) the amount of total phosphorus discharged from the plant for the entire period.

(2) The report referred to in subsection (1) shall be submitted in the form and manner approved by the Director and shall contain any additional information, as specified by the Director in writing, that relates to the discharge of total phosphorus from the sewage treatment plant during that period.

Prohibition, new sewage treatment plants

6. (1) No person shall cause or permit the establishment of a new sewage treatment plant in the Lake Simcoe Basin.

(2) Despite subsection (1), an owner of a sewage treatment plant listed in Column 2 of Table 1 may replace the plant with a new sewage treatment plant.

Approval by Director of new sewage works: new development

7. (1) This section applies in respect of every application for an approval under section 53 of the Ontario Water Resources Act for the establishment in the Lake Simcoe Basin of a new sewage works that,

(a) discharges treated sewage to a surface water body in the Lake Simcoe Basin; and

(b) is designed to manage storm water from a development that is approved, on or after the day this Regulation comes into force, under the Planning Act or the Condominium Act, 1998.

(2) The Director appointed in respect of subsection 53 (4) of the Act shall refuse to issue an approval unless he or she is satisfied that the proposed sewage works has been designed to satisfy the Enhanced Protection level specified in Chapter 3 of the Ministry’s “Storm Water Management Planning and Design Manual 2003”, available from the Ministry.

(3) Subsection (2) does not apply if the applicant for the approval demonstrates to the satisfaction of the Director that,

(a) the proposed sewage works is intended to serve development located in an area of settlement within the meaning of the Planning Act that is,

(i) an infill development, or

(ii) the redevelopment of one or more properties; and

(b) having regard to the manual mentioned in subsection (2), it is impracticable to establish works that comply with the level mentioned in subsection (2).

Obligations under approvals, orders, etc.

8. For greater certainty, subject to subsection 107 (5) of the Act, the requirements of this Regulation are in addition to and independent of requirements in an approval, order, direction or other instrument issued under any Act.

Revocation of provisions of this Regulation

9. Sections 6, 7 and 8 are revoked on April 1, 2009.

Commencement

10. This Regulation comes into force on the day it is filed.

TABLE 1

Column 1

Column 2

Column 3

Column 4

Item

Name of sewage treatment plant

Location

Amount of total phosphorus that may be discharged from April 1, 2008 to March 31, 2009 (expressed in kg)

1.

Uxbridge Brook Water Pollution Control Plant

129 Main Street North, Township of Uxbridge, Regional Municipality of Durham

142

2.

Beaverton River #1 Water Pollution Control Plant (Sunderland)

Lots 13 and 14, Concession 6, Township of Brock (Thorah), Regional Municipality of Durham

66

3.

Lake Simcoe (Beaverton) Water Pollution Control Plant

Lots 15 and 16, Concession 5, Township of Brock, Regional Municipality of Durham

104

4.

Beaverton River #2 Water Pollution Control Plant (Cannington)

303 Cameron Street, Township of Brock, Regional Municipality of Durham

128

5.

Schomberg Water Pollution Control Plant

Part of Lots 34 and 35, Concessions 7, 8 and 9, Township of King, Regional Municipality of York

75

6.

Sutton Water Pollution Control Plant

5741 Black River Road, Township of Georgina, Regional Municipality of York

148

7.

Holland Landing Lagoon Water Pollution Control Plant

19932 Cedar Street, Holland Landing, Town of Newmarket, Regional Municipality of York

149

8.

Keswick Water Pollution Control Plant

153 Morton Road, Town of Georgina, Regional Municipality of York

939

9.

Mount Albert Water Pollution Control Plant

5866 Doane Road, Town of East Gwillimbury, Regional Municipality of York

56

10.

Barrie Water Pollution Control Centre

249 Bradford Street, City of Barrie, County of Simcoe

3,133

11.

Bradford Water Pollution Control Plant

225 Dissette Street, Bradford West, Town of Gwillimbury, County of Simcoe

361

12.

Innisfil Water Pollution Control Plant

1578 St. John’s Road, Town of Innisfil, County of Simcoe

351

13.

Orillia Wastewater Treatment Centre

40 Kitchener Street, City of Orillia, County of Simcoe

1,438

14.

Lagoon City Sewage Treatment Plant

Part of Lot 14, Concession 5, (155 Laguna Parkway), Township of Ramara, County of Simcoe

200

15.

Silani Sweet Cheese Ltd

Part of Lot 2, Concession 1, 4205 Line 2, Town of Bradford West Gwillimbury, County of Simcoe

20