SCHEDULE II
(Subsections 7(1) and (3), 8(1), 9(1) and (2), 29(1), 32(3), 35(1) and (2) and 38(3) and paragraph 38(5)(e))
EFFLUENT MONITORING

Required Monitoring

1. (1) Effluent from a mill other than the effluent from a mill that is deposited into an off-site treatment facility, and effluent from an off-site treatment facility, shall be monitored in accordance with this Schedule for

(a) the presence of acutely lethal effluent and the effect on Daphnia magna;

(b) the BOD of BOD matter;

(c) the quantity of suspended solids;

(d) volume; and

(e) pH levels and electrical conductivity.

(2) Effluent from a mill that deposits into an off-site treatment facility shall be monitored in accordance with this Schedule for

(a) the BOD of BOD matter; and

(b) volume.

Location of Sampling

2. (1) The sampling of effluent from a mill, other than the effluent from a mill that is deposited into an off-site treatment facility, that is required by this Schedule -- except for sampling conducted in accordance with sections 14 and 15 or sections 18 and 19 -- shall be conducted at any point of an outfall structure that is located upstream of the deposit point of the effluent and downstream of

(a) the treatment if the mill treats the effluent; and

(b) the combination point if the mill combines effluents before their deposit.

(2) The sampling of effluent from an off-site treatment facility that is required by this Schedule shall be conducted at any point of an outfall structure that is located downstream of the treatment and upstream of the deposit point of the effluent.

(3) The sampling of effluent from a mill that deposits effluent into an off-site treatment facility that is required by this Schedule shall be conducted at any point of an outfall structure that is located upstream of the deposit point of the effluent in the off-site treatment facility and

(a) downstream of the treatment if the mill treats the effluent;

(b) downstream of the combination point if the mill combines effluents before their deposit; and

(c) upstream of the combination point if the mill combines effluent with waste water or effluent from other sources.

Acute Lethality and Effect on Daphnia magna

3. For the purpose of monitoring for the presence of acutely lethal effluent and the effect on Daphnia magna, a grab sample of effluent shall be collected from each outfall structure once a week when the mill or the off-site treatment facility is depositing effluent.

4. (1) Subject to section 5, the samples of effluent collected in accordance with section 3 shall be tested as follows:

(a) each month, one of the samples collected during that month from each outfall structure in accordance with section 3 shall be subjected to an acute lethality test; and

(b) each of the samples collected in accordance with section 3 shall be subjected to a Daphnia magna test.

(2) The following procedures apply in respect of an acute lethality test referred to in paragraph (1)(a):

(a) the day on which a sample is to be collected for testing shall be selected by the operator, and notice of that day shall be given to the authorization officer, at least 30 days in advance;

(b) the operator shall collect the sample on the selected day except if, owing to unforeseen circumstances, the operator cannot sample on that day, and in that case, shall do so as soon as possible after that day; and

(c) a period of at least 21 days shall intervene between the collection of any two samples for testing.

5. (1) If a sample of effluent from an outfall structure fails a test conducted in accordance with paragraph 4(1)(a) of this Schedule or subparagraph 32(3)(a)(i) or 38(3)(a)(i) of these Regulations, each of the subsequent weekly samples collected from that outfall structure in accordance with section 3 shall be subjected to a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition.

(2) If a sample of effluent from an outfall structure fails a test conducted in accordance with paragraph 4(1)(b), a grab sample of effluent shall be collected from that outfall structure without delay and subjected to a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition.

(3) Subsection (2) does not apply if, at the time the sample that failed the test conducted in accordance with paragraph 4(1)(b) was collected, a sample of effluent was also collected from that outfall structure under subsection (1) or paragraph 4(1)(a) and subjected to a test in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition.

(4) If a sample of effluent from an outfall structure fails a test conducted in accordance with subsection (2), each of the subsequent weekly samples collected from that outfall structure in accordance with section 3 shall be subjected to a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition.

(5) The testing of samples of effluent shall continue as required by subsection (1) or (4), as applicable, until three consecutive tests are passed, after which testing may resume as required by section 4.

BOD and Suspended Solids

6. (1) For the purpose of monitoring the BOD of BOD matter and the quantity of suspended solids in the case of a mill whose effluent is described in subsection 1(1) or of an off-site treatment facility, there shall be collected, from each outfall structure during each daily period that the mill or the facility is depositing effluent,

(a) a continuous sample of the effluent;

(b) equal samples of the effluent, collected at least every 15 minutes, for the preparation of a composite sample; or

(c) samples of the effluent in a quantity proportional to the effluent's volume, collected at least every 15 minutes, for the preparation of a composite sample.

(2) If effluent is deposited through an outfall structure for only a portion of a daily period, a sample of effluent shall be collected from that outfall structure during the period when that effluent is being deposited.

7. The samples of effluent collected in accordance with section 6 shall be tested as follows:

(a) at least three of the samples collected from each outfall structure during each week shall be subjected to a BOD test; and

(b) each of the samples collected shall be subjected to a suspended solids test.

8. (1) For the purpose of monitoring the BOD of BOD matter in the case of a mill whose effluent is described in subsection 1(2), there shall be collected, from each outfall structure once during each month,

(a) a sample of the effluent during any daily period in accordance with section 6 using equipment that is installed, maintained and calibrated so that it is capable of taking duplicate samples of effluent from each outfall structure, or a sufficient volume of effluent from each outfall structure to obtain split samples; or

(b) at least four grab samples of the effluent, at intervals evenly spaced throughout a daily period and combining them as a composite sample.

(2) If a mill is in operation and is depositing effluent for a daily period or a portion of a daily period during a month, the samples shall be collected during that daily period or portion of a daily period.

(3) If sampling is conducted using the equipment referred to in paragraph (1)(a), the requirements of subsections 8(2) and (3) of these Regulations apply in respect of that equipment.

9. Each of the samples of effluent collected in accordance with section 8 shall be subjected to a BOD test.

Volume of Effluent

10. (1) For the purpose of monitoring the volume of effluent in the case of a mill whose effluent is described in subsection 1(1) or of an off-site treatment facility, the volume of effluent that is deposited through each outfall structure during each daily period shall be determined using the monitoring equipment referred to in paragraph 8(1)(b) of these Regulations.

(2) If the actual volume of effluent that is deposited cannot be determined because the monitoring equipment is malfunctioning, the volume shall be calculated based on flow rates that are estimated using generally accepted engineering principles.

11. (1) For the purpose of monitoring the volume of effluent in the case of a mill referred to in subsection 1(2), the volume of effluent that is deposited through each outfall structure during each daily period that a sample is collected in accordance with section 8 shall be

(a) determined using equipment that is installed, maintained and calibrated so as to permit the determination of the volume of effluent that is deposited through each outfall structure using a method that accords with generally accepted engineering principles, such as a method referred to in paragraph 8(1)(b) of these Regulations; or

(b) calculated based on flow rates that are estimated using generally accepted engineering principles.

(2) If the volume of effluent is determined using equipment referred to in paragraph (1)(a), the requirements of subsections 8(2) and (3) of these Regulations apply in respect of that equipment.

pH Levels and Electrical Conductivity

12. For the purpose of monitoring the pH levels and electrical conductivity of effluent, the effluent that is deposited through each outfall structure shall be tested continuously for pH levels and for electrical conductivity.

Combination of Effluents

Authorization to Combine

13. If, under the authority of an authorization, treated effluent is combined with other effluent at a mill before being deposited, the effluent at the mill shall, in addition to being monitored in accordance with the other requirements of this Schedule, be monitored for the presence of acutely lethal effluent, for the BOD of BOD matter and for volume in accordance with sections 14 to 16.

14. For the purpose of monitoring for the presence of acutely lethal effluent, a grab sample of the treated effluent and a grab sample of the other effluent shall be collected once a month upstream of the combination point, and each of the samples collected shall be subjected to an acute lethality test.

15. (1) For the purpose of monitoring the BOD of BOD matter, the following samples of effluent shall be collected once every three months and subjected to a BOD test:

(a) a sample of each effluent that is to be treated; and

(b) a sample of the treated effluent upstream of the point where it is combined with the other effluent.

(2) The samples shall be collected in accordance with section 6 using equipment that is installed, maintained and calibrated so that it is capable of taking duplicate samples of effluent or a sufficient volume of effluent to obtain split samples, or

(a) in the case of effluent that is to be treated,

(i) if there is only one effluent to be treated, by collecting grab samples of the effluent not more than six hours apart during a daily period and combining them as a composite sample, or

(ii) if there is more than one effluent to be treated, by collecting grab samples of each effluent not more than six hours apart during a daily period and combining them, in proportion to the estimated flow rate of each of the effluents, as a composite sample; and

(b) in the case of the treated effluent, by collecting grab samples of the effluent not more than six hours apart during a daily period and combining them as a composite sample.

(3) If sampling is conducted using the equipment referred to in subsection (2), the requirements of subsections 8(2) and (3) of these Regulations apply in respect of that equipment.

16. (1) For the purpose of monitoring the volume of effluent, the volume of each of the effluents referred to in section 15 shall, during each daily period that a sample is collected in accordance with that section, be determined as follows:

(a) if samples are collected in accordance with section 6 using equipment referred to in subsection 15(2), by using equipment that is installed, maintained and calibrated so that it permits the determination of the volume of the effluent using a method that accords with generally accepted engineering principles, such as a method referred to in paragraph 8(1)(b) of these Regulations; and

(b) if samples are collected in accordance with paragraph 15(2)(a) or (b), by using equipment referred to in paragraph (a) or by means of a calculation based on flow rates that are estimated using generally accepted engineering principles.

(2) If the volume of effluent is determined using equipment referred to in subsection (1), the requirements of subsections 8(2) and (3) of these Regulations apply in respect of that equipment.

Combination at Port Alberni Mill

17. If treated effluent is combined with other effluent at the Port Alberni Mill before being deposited, the effluent at that mill shall, in addition to being monitored in accordance with the other requirements of this Schedule, be monitored for the presence of acutely lethal effluent and the effect on Daphnia magna, and for pH levels and electrical conductivity, in accordance with sections 18 and 19.

18. (1) For the purpose of monitoring for the presence of acutely lethal effluent and the effect on Daphnia magna, a grab sample of the treated effluent and a grab sample of the other effluent shall be collected once a week upstream of the combination point, and the samples collected shall be tested as follows:

(a) the samples collected during one week of each month shall be subjected to an acute lethality test; and

(b) each of the samples collected shall be subjected to a Daphnia magna test.

(2) If a sample of effluent fails a test conducted in accordance with paragraph (1)(b), a grab sample of that effluent shall be collected without delay and subjected to a test conducted in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition.

(3) Subsection (2) does not apply if, at the time the sample that failed the test conducted in accordance with paragraph (1)(b) was collected, a sample of effluent was also collected from that outfall under paragraph (1)(a) and subjected to a test in accordance with section 6 of Reference Method EPS 1/RM/13 Second Edition.

19. For the purpose of monitoring the pH levels and electrical conductivity of effluent, the treated effluent and the other effluent shall be tested continuously for pH levels and for electrical conductivity upstream of the combination point.

Reduced Monitoring

20. (1) The sampling and testing, other than testing for pH levels and electrical conductivity, of the effluent that is deposited through each outfall structure may be conducted at a reduced frequency of once a month, and the volume of effluent that is deposited through that outfall structure may be calculated based on flow rates that are estimated using generally accepted engineering principles, if either of the following conditions is met:

(a) each sample of effluent from that outfall structure that was tested during the preceding month

(i) was not acutely lethal,

(ii) contained BOD matter having a BOD of less than 10 mg per litre of effluent,

(iii) contained less than 10 mg of suspended solids per litre of effluent, and

(iv) contained no other deleterious substance; or

(b) the effluent from that outfall structure contains only water that has been used exclusively for non-contact cooling purposes.

(2) For the purpose of subsection (1), the sampling of effluent from an outfall structure may be done by collecting a grab sample.

(3) If monitoring of the effluent that is deposited through an outfall structure is being conducted in accordance with subsections (1) and (2) on the basis that the effluent met the conditions specified in paragraph (1)(a), monitoring may no longer be conducted in accordance with those subsections if the effluent

(a) is acutely lethal;

(b) contains BOD matter having a BOD of 10 mg or more per litre;

(c) contains 10 mg or more of suspended solids per litre; or

(d) contains any other deleterious substance.

SOR/2004-109, s. 24.

SCHEDULE III
(Subsection 15(2) and paragraph 18(3)(d))

INFORMATION TO BE INCLUDED IN APPLICATION FOR AN AUTHORIZATION

1. (1) The name, address and telephone number of the applicant.

(2) The name, position title, telephone number and facsimile number, if any, of a contact person.

2. The name and address of the mill or off-site treatment facility.

3. (1) In the case of an owner or operator of a mill referred to in paragraph 15(1)(a) of these Regulations who seeks an authorization,

(a) the average daily BOD of the BOD matter and the average daily quantity of suspended solids, in the waste water from sources other than a mill before the waste water is treated by the mill, expressed in kilograms, and an identification of those sources;

(b) the reference production rate for all finished product, expressed in tonnes per day;

(c) a description of the preventative measures that are taken at the mill at the production stage to reduce the BOD of the BOD matter and the quantity of suspended solids in the effluent; and

(d) an estimate of the percentage of the BOD of the BOD matter, and of the percentage of the quantity of suspended solids that will be removed from the waste water during treatment.

(2) In the case of an owner or operator of a mill referred to in paragraph 15(1)(b) of these Regulations who seeks an authorization,

(a) the average daily BOD of the BOD matter and the average daily quantity of suspended solids in the effluent before it is treated by the mill, expressed in kilograms;

(b) the reference production rate of the mill for all finished product other than dissolving grade sulphite pulp and the reference production rate of the mill for dissolving grade sulphite pulp, expressed in tonnes per day;

(c) a description of the preventative measures that are taken at the mill at the production stage to reduce the BOD of the BOD matter and the quantity of suspended solids in the effluent; and

(d) the percentage of the BOD of the BOD matter and the quantity of suspended solids that are removed from the effluent during treatment.

(2.1) In the case of an owner or operator of an off-site treatment facility referred to in paragraph 15(1)(c) of these Regulations who seeks an authorization,

(a) the average daily BOD of the BOD matter in the effluent before it is treated by the off-site treatment facility, expressed in kilograms; and

(b) an estimate of the percentage of the BOD of the BOD matter and of the quantity of suspended solids that will be removed from the effluent during treatment.

(3) The information required by this section must be based on the data that exists for the three-year period before the filing of the application.

(4) Despite subsections (1) to (2.1), an owner or operator who seeks an authorization shall provide, in addition to the information that they are able to provide under those subsections, the projections for the 12 months following the application for the authorization of the information that they were not able to provide under paragraphs (1)(a) and (b), (2)(a), (b) and (d) or (2.1)(a), the plans, specifications, design and a detailed description of the production process and, if applicable, the treatment process if

(a) the owner or operator has not provided all of the information required by subsection (1), (2) or (2.1) but they have provided the information required by paragraphs (1)(c) or (2)(c), as applicable; or

(b) the owner or operator has not provided all of the information required by subsection (1), (2) or (2.1) for the full three-year period referred to in subsection (3) but they have provided the information required by paragraphs (1)(c) or (2)(c), as applicable.

4. (1) In respect of a mill, if the owner or operator seeks authority to combine treated effluent with other effluent before the combined effluent is deposited, the following information is required:

(a) a detailed description of all steps taken and planned to reduce the BOD of the BOD matter, the quantity of suspended solids and the lethality in respect of the effluent to be treated;

(b) a detailed description of the water conservation program referred to in paragraph 17(1)(b) of these Regulations, including information on the facilities constructed and procedures implemented and planned for the purpose;

(c) the percentage of the BOD of the BOD matter removed from the effluent to be treated;

(d) the volume of the treated effluent and of the other effluent;

(e) the extent of the lethality of the treated effluent and of the other effluent;

(f) the BOD of the BOD matter and the quantity of suspended solids in the other effluent; and

(g) the sources of the other effluent.

(2) The information required by paragraphs (1)(c) to (f) shall be given on the basis of

(a) the average of the results of tests conducted on at least one day for each of the 12 months before the application; and

(b) an estimate of the average of the results of tests that would be conducted in accordance with these Regulations for the 12 months after the water conservation program is instituted.

5. The details of any adverse effect of the effluent on fish, fish habitat or the use by man of fish that is known to the operator.

6. Such further information as is required to properly assess the application.

SOR/2004-109, ss. 25 to 28.

SCHEDULE IV
(Subsection 18(2))
AUTHORIZATION

NOTE: These parameters are defined in sections 19 to 21 of the Pulp and Paper Effluent Regulations.

IMPORTANT:

Please refer to section 7 of the Pulp and Paper Effluent Regulations for conditions governing the authority to deposit. In addition, please note that this authorization may be amended or withdrawn in accordance with section 18 of those Regulations.

SOR/2004-109, s. 29.

SCHEDULE IV.1
(Subsections 29(1) and 30(1) and (3) and paragraph 35(1)(i))
ENVIRONMENTAL EFFECTS MONITORING STUDIES

Interpretation

1. The following definitions apply in this Schedule.

"effect on fish tissue" means that the concentration of chlorinated dioxins and furans, expressed as toxic equivalents of 2,3,7,8-tetrachlorodibenzo-para-dioxin, exceeds 15 pg/g wet weight in muscle or 30 pg/g wet weight in liver or hepatopancreas in fish taken in the exposure area. (effet sur les tissus de poissons)

"effect on the benthic invertebrate community" means a statistical difference between data referred to in subparagraph 11(a)(ii) from a study respecting the benthic invertebrate community conducted in

(a) an exposure area and a reference area; or

(b) sampling areas within an exposure area where there are gradually decreasing effluent concentrations. (effet sur la communauté d'invertébrés benthiques)

"effect on the fish population" means a statistical difference between data relating to the indicators referred to in subparagraph 11(a)(i) from a study respecting fish population conducted in

(a) an exposure area and a reference area; or

(b) sampling areas within an exposure area where there are gradually decreasing effluent concentrations. (effet sur la population de poissons)

"exposure area" means all fish habitat and waters frequented by fish that are exposed to effluent. (zone exposée)

"fish" means fish as defined in section 2 of the Fisheries Act, but does not include parts of fish, parts of shellfish, parts of crustaceans or parts of marine animals. (poisson)

"reference area" means water frequented by fish that is not exposed to effluent and that has fish habitat that, as far as practicable, is most similar to that of the exposure area. (zone de référence)

"sampling area" means the area within a reference or exposure area where representative samples are collected. (zone d'échantillonnage)

Sublethal Toxicity Testing

2. (1) Sublethal toxicity testing shall be conducted by following the applicable methods referred to in subsections (2) and (3) and by recording the results for a fish species, an invertebrate species and an algal species.

(2) In the case of effluent that is deposited into fresh waters, sublethal toxicity tests shall be conducted by using the following test methodologies, as amended from time to time, as applicable to each species:

(a) in the case of a fish species,

(i) Biological Test Method: Test of Larval Growth and Survival Using Fathead Minnows (Report EPS 1/RM/22), February 1992, published by the federal Department of the Environment, or

(ii) Biological Test Method: Toxicity Tests Using Early Life Stages of Salmonid Fish (Rainbow Trout) (Reference Method EPS 1/RM/28), July 1998, published by the federal Department of the Environment;

(b) in the case of an invertebrate species, Biological Test Method: Test of Reproduction and Survival Using the Cladoceran Ceriodaphnia dubia (Report EPS 1/RM/21), February 1992, published by the federal Department of the Environment; and

(c) in the case of an algal species,

(i) Biological Test Method: Growth Inhibition Test Using Freshwater Alga Selenastrum capricornutum (Report EPS 1/RM/25), November 1992, published by the federal Department of the Environment, or

(ii) Détermination de l'inhibition de la croissance chez l'algue Selenastrum capricornutum (Reference Method MA 500-S. cap.2.0), September 1997, published by the Centre d'expertise en analyse environnementale du Québec.

(3) In the case of effluent that is deposited into marine or estuarine waters, sublethal toxicity tests shall be conducted by using the following test methodologies, as amended from time to time, as applicable to each species:

(a) in the case of an invertebrate species, Biological Test Method: Fertilization Assay Using Echinoids (Sea Urchins and Sand Dollars) (Report EPS 1/RM/27), December 1992, published by the federal Department of the Environment; and

(b) in the case of a fish or algal species, one of the following test methodologies, as applicable,

(i) Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms (Third Edition) (Reference Method EPA/600/4-91/003), August 1994, published by the U.S. Environmental Protection Agency, or

(ii) Short-term Methods for Estimating the Chronic Toxicity of Effluent and Receiving Waters to West Coast Marine and Estuarine Organisms (First Edition) (Reference Method EPA/600/R-95-136), August 1995, published by the U.S. Environmental Protection Agency.

Biological Monitoring Studies

3. Biological monitoring studies consist of

(a) a study respecting the fish population, if the concentration of effluent in the exposure area is greater than 1% in the area located within 250 m of a point of deposit of the effluent in water;

(b) a study respecting fish tissue if

(i) since the submission of the most recent interpretive report, the effluent contained a measurable concentration of 2,3,7,8-TCDD or of 2,3,7,8-TCDF, within the meaning of the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations, or

(ii) an effect on fish tissue was reported in the most recent interpretive report; and

(c) a study respecting the benthic invertebrate community.

Study Design

4. (1) At least six months before the commencement of sampling for biological monitoring studies, a study design shall be submitted to the authorization officer that, subject to subsection (2), consists of

(a) the site characterization referred to in section 5;

(b) if a study respecting fish population is required under paragraph 3(a), a description of how the study will be conducted, that includes

(i) the information referred to in paragraphs 6(a) to (d), and

(ii) how the study will determine whether the effluent has an effect on the fish population;

(c) if a study respecting fish tissue is required under paragraph 3(b), a description of how the study will be conducted that includes

(i) the information referred to in paragraphs 6(a) to (d), and

(ii) how the study will determine whether the effluent has an effect on fish tissue;

(d) a description of how the study respecting the benthic invertebrate community will be conducted that includes

(i) the information referred to in paragraphs 7(a) to (d), and

(ii) how the study will determine whether the effluent has an effect on the benthic invertebrate community;

(e) the dates and times when any samples will be collected;

(f) a description of the quality assurance and quality control measures that will be implemented to ensure the validity of the data that is collected;

(g) a summary of the results of any previous biological monitoring studies that were conducted respecting the fish population, fish tissue or the benthic invertebrate community; and

(h) if the two most recent interpretive reports indicate the same effect on the fish population, on fish tissue or on the benthic invertebrate community, a description of one or more additional sampling areas within the exposure area that are required in order to assess the magnitude and geographical extent of the effect.

(2) If the most recent interpretive report indicates the magnitude and geographic extent of an effect on the fish population, on fish tissue or on the benthic invertebrate community, or that the cause of the effect has not been identified, the study design shall consist of only the summary referred to in paragraph (1)(g) and a detailed description of field and laboratory studies that will be used to determine the cause of the effect.

5. (1) The site characterization consists of

(a) a description of the manner in which the effluent mixes within the exposure area, including an estimate of the concentration of effluent in water at 250 m from each point of deposit of the effluent in water;

(b) a description of the reference and exposure areas where the biological monitoring studies will be conducted that includes a mapped description of the sampling areas and information on the geological, hydrological, oceanographical, limnological, chemical and biological features of those areas;

(c) a description of any anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect;

(d) the type of production process and treatment system used by the mill or off-site treatment facility; and

(e) any additional information relevant to the site characterization.

(2) If the information described in subsection (1) was submitted in a previous study design, it may be submitted in summary format, but it shall include a detailed description of any changes to that information since the submission of the most recent study design.

6. The information respecting the fish population and fish tissue studies shall include a description of and the scientific rationale for

(a) the fish species selected, taking into account the abundance of the species most exposed to effluent;

(b) the sampling areas selected;

(c) the sample size selected; and

(d) the field and laboratory methodologies selected.

7. The information respecting the benthic invertebrate community studies shall include a description of and the scientific rationale for

(a) the sampling areas selected, taking into account the benthic invertebrate diversity and the area most exposed to effluent;

(b) the sample size selected;

(c) the sampling period selected; and

(d) the field and laboratory methodologies selected.

Conducting Biological Monitoring Studies

8. (1) Subject to subsection (2), the biological monitoring studies shall be conducted in accordance with the study design submitted under section 4.

(2) If it is impossible to follow the study design because of unusual circumstances, the owner or operator may deviate from the study design but shall inform the authorization officer without delay of those circumstances and of how the study was or will be conducted.

9. When studies respecting fish population or the benthic invertebrate community are conducted, water samples shall be collected from the sampling areas selected under paragraphs 6(b) and 7(a), and the following information shall be recorded:

(a) water temperature;

(b) depth;

(c) concentration of dissolved oxygen;

(d) in the case of effluent that is deposited into fresh water, pH levels, electrical conductivity, hardness, total phosphorus, total nitrogen and total organic carbon; and

(e) in the case of effluent that is deposited into marine or estuarine waters, salinity.

10. When studies respecting the benthic invertebrate community are conducted, sediment samples shall be collected from the sampling areas selected under paragraph 7(a), and the following information shall be recorded:

(a) particle size distribution and total organic carbon; and

(b) in the case of effluent that is deposited into marine or estuarine waters, the ratio of carbon to nitrogen, redox potential (Eh) and total sulphides.

Assessment of Data Collected From Studies

11. The data collected during the biological monitoring studies shall be used

(a) to calculate the mean, the standard deviation, the standard error and the minimum and maximum values in the sampling areas for

(i) in the case of a study respecting the fish population, and if it is possible to obtain data to establish the following indicators -- indicators of growth, reproduction, condition and survival that include the length, total body weight and age of the fish, the weight of its liver or hepatopancreas and, if the fish are sexually mature, the egg weight, fecundity and gonad weight of the fish, and

(ii) in the case of a study respecting the benthic invertebrate community -- the total benthic invertebrate density, the evenness index, the taxa richness and the similarity index;

(b) to identify the sex of the fish sampled and the presence of any lesions, tumours, parasites or other abnormalities;

(c) to conduct an analysis of the results of the calculations under paragraph (a) and information identified under paragraph (b) to determine if there is a statistical difference between the sampling areas;

(d) to conduct a statistical analysis of the results of the calculations under paragraph (a) to determine the probability of correctly detecting an effect of a pre-defined size and the degree of confidence that can be placed in the calculations; and

(e) to calculate the concentration of chlorinated dioxins and furans in fish tissue taken from the exposure area, which concentration is expressed as toxic equivalents of 2,3,7,8-tetrachlorodibenzo-para-dioxin.

Interpretive Report

12. (1) After biological monitoring studies are conducted in accordance with sections 8 to 10, an interpretive report shall be prepared that, subject to subsection (2), contains the following information:

(a) a description of any deviation from the study design that occurred while the biological monitoring studies were being conducted and any impact that the deviation had on the studies;

(b) the latitude and longitude of sampling areas in degrees, minutes and seconds and a description of the sampling areas sufficient to identify their location;

(c) the dates and times when samples were collected;

(d) the sample sizes;

(e) the results of the data assessment made under section 11 and any supporting raw data;

(f) based on the results referred to in paragraph (e), the identification of any effect on

(i) the fish population,

(ii) fish tissue, and

(iii) the benthic invertebrate community;

(g) if the study design contains the information described in paragraph 4(1)(h), the magnitude and geographical extent of the effect on fish population, fish tissue or the benthic invertebrate community;

(h) the information referred to in sections 9 and 10;

(i) a description of any complaint within the three preceding years to the owner or operator of a mill about fish flavour or odour;

(j) the conclusions of the biological monitoring studies, based on the results of the statistical analysis conducted under paragraph 11(c), taking into account any of the following factors that may have affected those results:

(i) the results of any previous biological monitoring studies,

(ii) the presence of anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect,

(iii) any quality assurance or quality control results that may interfere with the reliability of the conclusions, and

(iv) the exposure to effluent of the fish that were sampled;

(k) a description of the impact of the results on the study design for subsequent biological monitoring studies; and

(l) the date of the next biological monitoring studies.

(2) If a study design is submitted under subsection 4(2), the interpretive report shall consist of only the cause of the effect on fish population, fish tissue or the benthic invertebrate community, and any supporting raw data and, if the cause was not determined, an explanation of why and a description of any steps that need to be taken in the next study to determine that cause.

(3) For the purposes of paragraph (1)(f), if a study on the fish population or on fish tissue is not required to be conducted under paragraph 3(a) or (b), the effluent is considered to have no effect on the fish population or on fish tissue, respectively.

SOR/2004-109, s. 30.

SCHEDULE V
(Section 2)
AUTHORIZATION OFFICERS

----------------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------------------------

SOR/96-293, s. 1; SOR/2003-3, ss. 2 to 5, 6(F); SOR/2004-109, ss. 31 to 33, 35.

SCHEDULE VI
(Subsections 32(1) and 38(1))
NOTIFICATION AND REPORTING OF DEPOSITS OUT OF THE NORMAL COURSE OF EVENTS

SOR/2004-109, s. 34.

SCHEDULE VII
(Paragraph 35(1)(f))
DISSOLVED OXYGEN MONITORING PROGRAM

Monitoring Stations

1. For the purposes of the dissolved oxygen monitoring program, the monitoring stations are

(a) the outfall station, located at latitude 49°14.35'N, and longitude 124°49.10'W;

(b) the HI-2 station, located at latitude 49°13.92'N, and longitude 124°49.17'W;

(c) the PP-2 station, located at latitude 49°12.98'N, and longitude 124°49.30'W; and

(d) the 5 km station, located at latitude 49°11.80'N, and longitude 124°49.00'W.

Parameters

2. Readings of the parameters set out in section 3 shall be taken at each monitoring station

(a) once per week during the period beginning on June 1 and ending on October 31 in each year; and

(b) three times per month during the period beginning on November 1 and ending on May 31 in each year, and a period of at least seven days shall intervene between the sampling.

3. The following parameters shall be recorded at each monitoring station in vertical profiles, from the surface to the bottom, using a CTD (conductivity, temperature, depth) probe:

(a) the depth in metres;

(b) the temperature in degrees Celsius;

(c) the salinity in parts per thousand; and

(d) the quantity of dissolved oxygen in milligrams per litre and in per cent air saturation.

Calibration

4. (1) For the purpose of checking the calibration of the CTD probe in respect of the recording of dissolved oxygen, a grab sample shall be taken once during each sampling day in accordance with section 2 at the station set out in paragraph 1(c), at depths of 1, 10 and 20 m, and shall be analysed using the Winkler dissolved oxygen analysis method.

(2) For the purpose of checking the calibration of the CTD probe in respect of the recording of salinity, instrument specifications should be followed.

Data to Be Submitted

5. (1) The data to be submitted under subsection 36(1) of the Regulations are the following:

(a) the parameters set out in paragraphs 3(b), (c) and (d), measured at the surface, at the bottom and at depths of 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 15, 20, 25, 30, 35, 40 and 50 m, where these depths exist, for each monitoring station;

(b) the Somass River flow, in cubic metres per second, at sampling location 08HB017, for the appropriate day in the year in question as recorded on the Hydat database of the federal Department of the Environment;

(c) the tide height, in metres, for the appropriate day in the year in question, as set out in the Canadian Tide and Current Tables, published by the Department of Fisheries and Oceans; and

(d) the results of the analyses conducted in accordance with subsection 4(1).

(2) Each of the data referred to in subsection (1) shall include a statement of the hour in the 24-hour format and the date in month, day, year format.

SOR/2004-109, s. 34.

[RELATED PROVISION:

SOR/2004-109:

37. Every authorization that was issued under section 16 or 17 of the Pulp and Paper Effluent Regulations before the coming into force of these Regulations and that is not withdrawn before these Regulations come into force remains in effect until it is amended or withdrawn under section 18 of those Regulations, as amended by section 14 of these Regulations.]