De-permitting Municipal Sewage Discharges Procedure

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Name of procedure: De-permitting Municipal Sewage Discharges Procedure

Effective date: March 2, 2000

Staff affected:

Water, Land and Air Protection Headquarters Division
Water, Land and Air Protection Regions Division

Authority: Waste Management Act

Purpose of procedure:

This procedure outlines steps for de-permitting municipal sewage discharges. It provides for negotiation with dischargers to establish a framework for complying with the Municipal Sewage Regulation or an approved liquid waste management plan. This procedure is to be applied in a manner consistent with the ministry's Guidelines and Standards Policy and Procedure.

Relationship to previous procedure:

This procedure is new.

Issued by: Director, Pollution Prevention and Remediation Branch

Assistant Deputy Minister Approval:

Original Signed by Don A. Fast

Date: March 17, 2000

1.0 Definitions:

authorization means a regulation, a permit, approval, license, pollution prevention plan, air or water area management plan, operational certificate, pest management plan, certificate of compliance, conditional certificate of compliance, approval in principle, or other legal instrument pursuant to the Waste Management Act.

Ministry means the British Columbia Ministry of Water, Land and Air Protection (formerly, Ministry of Environment, Lands and Parks).

regional manager means a manager as defined in the Waste Management Act.

regulation means the Municipal Sewage Regulation.

2.0 Purpose:

This procedure outlines steps for de-permitting municipal sewage discharges in a manner designed to protect the environment and promote sustainability by integrating environmental, economic, health and social considerations.

3.0 Procedure:

Consistent with the Guidelines and Standards Policy and Procedure, the Ministry of Environment (the ministry) uses this procedure to de-permit municipal sewage discharges.

Future Goal
The ministry's goal is to ensure that ultimately all municipal sewage discharges are authorized by the Municipal Sewage Regulation or an approved liquid waste management plan. This goal will be pursued through a controlled transition within a reasonable timeframe.

Transition
To the greatest extent possible, dischargers with existing permits will be encouraged to obtain an approved liquid waste management plan (available to local governments) or to register under the regulation. The regional manager will provide direction to individual dischargers regarding their options.

3.1 Liquid Waste Management Plans

Approved liquid waste management plans and associated operational certificates are exempt from the regulation.

3.2 Existing Permits

Permits first issued prior to the effective date of the Municipal Sewage Regulation are exempt from the regulation, unless:

	a.	the permit is cancelled in accordance with section 36 of the act, or
	b.	the manager or minister is satisfied, as specified by the act, that an activity or operation is causing, or is likely to cause, pollution. In this case, the manager or minister, as applicable, has the power to issue a pollution abatement or pollution prevention order pursuant to the act to require the discharger to ensure that the discharge conforms with the regulation by a date specified in the order.

3.3 Existing Applications for New Permit

Applications for new permits received by the ministry prior to the effective date of the Municipal Sewage Regulation should be reviewed for conformance with the regulation and, if possible, registered under the regulation.

If a discharger insists on being issued a new permit, the application may be processed in the usual manner. The terms and conditions of the permit must be equivalent to or more stringent than each provision contained within Parts 4 to 8 of the regulation.

3.4 Existing Applications for Amendments

Applications for amendments received by the ministry prior to the effective date of the Municipal Sewage Regulation should be reviewed for conformance with the regulation and, if possible, registered under the regulation.

If a discharger insists on being issued an amended permit, the application may be processed in the usual manner. The manager must consider the regulation when adjudicating the application and without limiting, in any way, the manager's powers under the act, the manager should ensure that the terms and conditions of the permit are equivalent to or more stringent than each provision contained within Parts 4 to 8 and schedule 1 of the regulation, unless commitments were made by the regional manager prior to the effective date of the regulation.

3.5 New Applications for First Issuance of Permits

Applications for new permits received after the effective date of the regulation should be discouraged.

3.6 New Applications for Permit Amendments

Applications for amendments received by the ministry should be reviewed for conformance with the regulation and, if possible, the discharge should be registered under the regulation. One exception is an amendment which only deals with administrative matters, such as a "name change", provided that there is no increase to the quantity or decrease in the quality of the discharge. The regional manager must ensure that the applicant is made aware of the requirements of the regulation or, if applicable, the liquid waste management plan option.

While amendments should be discouraged, if a discharger insists on proceeding with the application for amendment, the application may be processed in the usual manner. The manager must consider the regulation when adjudicating the application and without limiting, in any way, the manager's powers under the act, the manager should ensure that the terms and conditions of the amended permit are equivalent to or more stringent than each provision contained within Parts 4 to 8 and schedule 1 of the regulation.

3.7 Fees Based on Original Anniversary Date

Discharge fees for existing permitted discharges will be assessed based on the effective date of registration under the regulation. In order to avoid pro-rated charges or credits, the manager should ensure that the effective date of registration coincides with the original anniversary date of the permit.

Updated: March 2003