NEWFOUNDLAND AND LABRADOR REGULATION 23/09

NLR 65/03

1. Section 2 of the Environmental Control Water and Sewage Regulations, 2003 is amended by deleting the word "and" at the end of paragraph (b), by deleting the period at the end of paragraph (c) and substituting a semi-colon and the word "and" and by adding immediately after that paragraph the following:

(d) "industry" means

(i) the Metal Mining Industry,

(ii) the Pulp and Paper Industry, and

(iii) the Petroleum Refining Industry.

2. Subparagraph 6(d)(i) of the regulations is amended by adding immediately before the word "litre" the word "per".

3. Section 8 of the regulations is amended by deleting the phrase and commas "Notwithstanding sections 5, 6 and 7," and inserting the phrase and commas "Notwithstanding sections 5, 6, 7 and 10.1,".

4. Subsections 9(2) and (3) of the regulations are repealed and the following substituted:

(2) In the case of composite sampling, all levels are required to be within the appropriate values as established in sections 5, 6 and 10.1 and Schedules A to E as appropriate.

(3) In the case of grab sampling, 90% of all levels taken in one month shall be within the appropriate values as established in sections 5, 6 and 10.1 and Schedules A to E as appropriate.

5. Section 10 of the regulations is repealed and the following substituted:

Monitoring

10. The minister may, for specific purposes and time periods as he or she may determine, require that a water user or discharger of sewage monitor its effluent for the constituents in sections 5 and 6 and Schedules A to E as appropriate and report the effluent quality.

6. The regulations are amended by adding immediately after section 10 the following:

Discharge standard varied by industry

10.1 (1) Notwithstanding paragraphs 5(a) and 6(a),

(a) a person primarily in the Metal Mining Industry shall not discharge sewage or effluent which does not comply with standards prescribed in Schedule C;

(b) a person primarily in the Pulp and Paper Industry shall not discharge sewage or effluent which does not comply with standards prescribed in Schedule D; and

(c) a person primarily in the Petroleum Refining Industry shall not discharge sewage or effluent which does not comply with standards prescribed in Schedule E.

(2) For the purpose of subsection (1), whether a person falls primarily within a particular industry shall be determined by the minister.

7. The regulations are amended by adding immediately after Schedule B the following:

Schedule C

A person primarily in the Metal Mining Industry shall comply with sections 3 and 19.1 and 20 and Schedule 4 of the Metal Mining Effluent Regulations (Canada) SOR/2002-222, including any changes or amendments to those sections of and that schedule to those regulations over time.

Schedule D

A person primarily in the Pulp and Paper Industry shall comply with sections 3 and 14 of the Pulp and Paper Effluent Regulations, (Canada) SOR/92-269, including any changes or amendments to those sections of those regulations over time.

Schedule E

A person primarily in the Petroleum Refinery Industry shall comply with sections 4, 7, 8 and 9 and Schedules 1 and 2 of the Petroleum Refinery Liquid Effluent Regulations, (Canada) CRC-c.828, including any changes or amendments to those sections and those schedules of those regulations over time.