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Municipal Sewage Regulation — Frequently Asked Questions GeneralLocal GovernmentDevelopersJune 1999 Implementation Workshops FeedbackQ: What does the regulation say?
A:
The regulation spells out the rules for treating municipal sewage,
reusing highly-treated sewage effluent and disposing of effluent
that cannot be reused. Q:
What does the regulation mean for protecting the environment? A:
The regulation strengthens environmental standards to ensure protection
of fish habitat, water supplies and recreational use of water.
The regulation also encourages local governments to implement
water conservation measures and liquid waste management planning
to further protect the environment. Q:
Why is a regulation necessary? What was wrong with the permit
system? A:
This will reduce delays, benefiting local governments, private
developers and technology providers. We want to cut red tape by
replacing the permitting process with a comprehensive regulation.
Q: How has the new regulation changed the regulatory environment facing sewage dischargers (local governments, private residential developments, seasonal camps)?
A:
Individuals will not notice any change immediately. Existing permits
will continue to be in effect until significant changes in either
the discharge level or the receiving environment necessitate an
upgrading of the treatment. The
long-term effect will be a cleaner environment, cleaner water
and an increased level of confidence in infrastructure because
of better safeguards. Eventually,
British Columbians will notice a positive effect on water quality
for both consumption and recreation use. This
will also protect resources by protecting fish and fish habitat,
resulting in sustained economic activity for the commercial and
recreational fishing industry and tourism in general. Q:
What are some concrete examples of the impact of the regulation? A:
The regulation sets strict new nitrogen discharge limits for discharges
to ground (on-site sewage systems) above major Fraser Valley aquifers.
Any new developments will be required to meet these strict new
standards. Q:
If permits aren't required, how can government ensure that requirements
are being met? A:
Discharges must be registered with the ministry. Non-authorized
dischargers will be found in non-compliance with the Waste
Management Act.
Q:
How backlogged is the existing permit system? A:
The ministry receives an average of 190 new sewage applications
per year with an average waiting time between 18 — 24 months.
The regulation will reduce the waiting to 3 — 9 months. Q:
How strict are the standards compared to other jurisdictions? A:
The regulation's use of reclaimed water standards are as strict
as those in California under Title 22 and Washington state. With
regard to effluent quality for discharges, secondary treatment
as a minimum is consistent with requirements in the USA and several
provinces including Ontario and Alberta. The regulation contains
even stricter standards for nutrient removal to protect particularly
sensitive receiving environments such as in the Okanagan and other
parts of BC. As well the regulation has provisions for the ministry
to impose additional standards where necessary to protect our
environment. Q:
If the registration period is three months, why is the ministry
predicting a three-to-nine month waiting period for obtaining
an authorization? A:
For the majority of discharges, demonstrated compliance with the
requirements of the regulation will result in authorization three
months from the date of registration. Authorization may take longer
in some cases (i.e., those where site specific concerns must be
addressed). For those cases, it is estimated that it may take
up to nine months. Q:
How will the regulation help address the existing permit application
backlog? A:
Permit applicants in the system will have the option of withdrawing
their application and registering under the regulation. The regulation
will free up staff time allowing ministry staff to deal with any
remaining permit applications more quickly.
Q:
How does this regulation fit with the Green Economy Initiative? A:
The Green Economy Initiative is part of the provincial economic
strategy. One focus of the initiative concentrates on the environmental
industry. Specific changes are intended to build a stronger and
more sustainable economy by encouraging this industry. By opening
sewage treatment to new technologies from the environmental industry,
the Municipal Sewage Regulation creates jobs, reduces red
tape and benefits local government and developers with cost-saving
measures. Q:
How will it reduce red tape? A:
The regulation significantly cuts red tape by reducing the waiting
period for authorization for the majority of projects. Under the
proposed regulation, the ministry will spend less time issuing
permits and more time on inspection and enforcement activities.
The regulation will eventually eliminate approximately 800 permits
(about 25% of all permits in the ministry). Q:
How will it benefit the economy? A:
The regulation will reduce the waiting period to obtain authorization
to discharge sewage. Also, according to industry sources, the
regulation could create up to 200 new jobs and $80 million in
investment in cleaner water technology over the next five years.
It will encourage innovative small-scale technologies to replace
conventional systems and will position these technologies for
international export.
Q:
How was the regulation developed? A:
In 1992, the process began with a review of the ministry's 1975
Pollution Control Objectives for Municipal Type Discharges. In
1994, proposed criteria circulated to municipalities and the sewage
industry resulted in a consensus to develop a regulation. In
1997, a draft regulation was circulated to a wide stakeholder
audience, including municipalities, regional districts, other
government agencies, non-government environmental groups, industry
associations and consultants. The final regulation addresses all
the stakeholder input received during the development phase. Q:
Are there any exemptions to the regulation? A:
Existing permitted discharges are exempt from the regulation.
However, as discharges change significantly in quantity or quality,
Regional Managers will consider whether to apply the regulation.
Discharges under an approved liquid waste management plan are also exempt from the regulation. This allows communities the opportunity, through a public planning process, to create innovative, local solutions that are affordable and protect the environment. Smaller communities (those with populations less than 10,000) will have the option of conducting specific studies in lieu of the full liquid waste management planning process. Q:
Why exempt existing permitted discharges? A:
For the most part, existing permitted discharges, complying with
their permits, are adequately protecting the environment.
Q:
What is a liquid waste management plan? A:
A liquid waste management plan is a comprehensive evaluation of
all aspects of liquid waste and a plan for its management. Undertaken
by regional districts and municipalities, LWMPs are developed
through a public consultation process and, once approved, provide
local government more direct responsibility for discharges within
their community. LWMPs
can be used to integrate solutions to various potential sources
of pollution, including sewage discharges, stormwater runoff,
on-site sewage problems, agricultural runoff, sewage from boats
and other non-point sources of pollution. Q:
When will the regulation take effect? A:
The regulation became effective July 15, 1999. Q:
How will the regulation be implemented? A:
A multi-stakeholder implementation committee, made up of developers,
non-government environmental groups, industry associations, municipalities
and consultants has been formed and has met regularly since April
1999. The committee's role is to ensure that the regulation is
implemented in a fair and consistent manner, and to assist the
ministry in the development of policy, procedures and guidelines
necessary to support the regulation.
Q:
Can a permittee cancel their permit and register under the regulation? A:
No the permittee cannot cancel their permit unilaterally, but
they can abandon it (see section 16 of the Waste Management
Act {WMA}) or request cancellation (see section 36 of the
WMA). One option is registration under the regulation and then
sending notice to the manager that they are abandoning the permit
or are requesting cancellation. Registration under the regulation
then becomes the new authorization and the former permit would
then no longer exist and no longer have any relevance. Q:
If an original permit contained additional requirements imposed
by a previous appeal decision, would the manager be obligated
to impose those additional requirements under the MSR? A:
The manager is not obligated. The regulation sets the new standards
and there may be requirements within the regulation that effectively
compensate or mitigate the appeal decision imposed requirements.
Nevertheless, the manager is empowered to impose additional conditions
under the regulation which could be consistent with the former
appeal decision, where there is good justification for doing so.
The former appeal decision may provide some or all of the justification.
Q:
Could the manager's decision be appealed? A:
Yes, in the case of cancellation or imposing additional requirements,
but, no, in the case of abandonment.
Q:
How is the effective date of registration determined? A: This is a two part test. Section 3 (2) requires the registration to be in a form acceptable to the manager AND subsequently, section 3 (3) sets the date of registration as the date the registration application is received by the manager. Both these subsections must be satisfied in order to determine the effective date of registration and for the discharge to be registered. The date received by the manager is a matter of fact and would be interpreted by a court as the date the application reaches or is reasonably assumed to have reached the manager's office. Example illustration On July 15, 1999 two
separate registrations arrive at the WLAP regional office, both
are date stamped July 15, 1999 and forwarded to the manager. (The
date the manager or PP staff sees the registration is irrelevant.
This is why Regions may wish to ensure that registrations are
promptly forwarded to the manager or PP staff). The manager reviews
both registration packages. Registration A is
determined by the manager to be in a form acceptable to the manager
and on August 9, 1999 standard letter #1 is sent to the registrant
stating that the effective date of registration is July 15, 1999. Registration B is determined by the manager NOT to be in form a acceptable to the manager because the manager had previously instructed, pursuant to section 3(2)(k), the registrant to submit a completed EIS with the registration form but the EIS was not submitted on July 15, 1999. On July 22, 1999, using standard letter #3, the manager informs the potential registrant that section 3(2) has not been satisfied. In this instance, the July 15, 1999 date is not the date of registration due to the fact that the application was not acceptable to the manager. The potential registrant then completes the EIS and submits it and it is received by the manager on September 23, 1999. Section 3 (2) is satisfied on September 23, 1999. On October 1, 1999, using standard letter #1, the manager informs the registrant that the effective date of registration is September 23, 1999.
Q:
What are the regulation's benefits to local governments and business? A: The benefits of the regulation to local government and business include:
Q: Does UBCM support
the regulation? A:
Yes. UBCM supports the regulation because it provides flexible
approaches for local governments and allows for improving the
quality of existing discharges based on population growth, public
values, financing capability and the environment's ability to
absorb waste without negative impact. Most local governments support the regulation for the same reasons as UBCM and because the regulation addresses and reduces the financial risks associated with sewage systems in private residential developments. The regulation accomplishes this by requiring:
Q: The recent cutbacks
to municipalities will make it very costly to upgrade. Is there
any financial assistance available? A:
The Ministry of Municipal Affairs and Housing recently announced
an Infrastructure Grant Program for water and sewer projects consisting
of $50 million/year for the next three years, a significant commitment
to infrastructure renewal and economic growth in BC. Q: What is the regulation
going to cost municipalities? A:
There are no immediate costs associated with the regulation. For
larger municipalities (pop. more than 10,000) the administrative
costs associated with monitoring and reporting under the regulation
are expected to be similar to those currently experienced under
the permitting system. For smaller communities, the average projected increase is expected to be approximately $5000 per year. An additional $15,000 in annual costs would be incurred by those communities that do not currently have certified treatment plant operators (a ministry requirement since 1992). While it is not a
requirement of the regulation, some municipalities will require
upgrading to secondary sewage treatment due to population growth.
In 1994 the projected long-term cost for all municipalities to
achieve secondary treatment was $830 million. With the completion
of the Annacis, Lulu Island and other upgrades in 1999, almost
half of this investment has been made and the remaining projected
cost is approximately $500 million (1999 dollars). For the remaining
population currently without secondary treatment, this is equivalent
to a 20-year investment of $100/year/household. The regulation supports
private-public partnerships, which should provide the opportunity
for private capital to be invested in sewage infrastructure for
the province (e.g., Summerland's recent contract with the private
sector to provide sewage services). This should relieve the pressure
on general taxpayers.
Q: How does the
regulation help integrate water supply and wastewater needs? A:
Through its strict, safe rules for the use of reclaimed water,
the regulation provides opportunities for communities to integrate
water supply and wastewater needs to produce significant cost
savings and important environmental benefits. For example, a fully recycling water reclamation plant has been installed at Huband Park Elementary School in Comox — this is Canada's first water-recycling school. The reclaimed water is used for flushing toilets. With this system, water consumption and effluent outflow has been reduced by more than 90%. The effluent quality is very high, thus protecting the high water table in the area. Q: What concerns were expressed
by developers and how have they been addressed? A:
The ministry worked with developers regarding the regulation's
potential cost and business implications. The ministry has reduced
the projected security costs to private development by one third
of the original proposal. Further, the regulation reduces the
waiting period for authorization, a potential 5% cost savings
per 100-unit subdivision. Q: What is the regulation going
to cost developers? A:
The developer's costs for operating and maintaining systems, monitoring
effluent quality and the environment associated with the discharge,
and reporting data to the ministry under the new regulation are
expected to be similar to the existing costs under the current
permit system. New predicted costs included conducting
environmental impact studies and contacting other approving agencies.
In some cases, if a residential development is not in partnership
with local government or not covered by an approved assurance
plan, the regulation requires the developer to post financial
security. The security is approximately $1600/unit, a cost that
will likely be passed on to the homebuyer.
Q: The regulation requires financial
security for private residential developments. Why? A:
Security provisions have been incorporated into the regulation
to reduce financial risk to the province and local governments.
In the past, poorly constructed,
operated, managed, financed or maintained sewage facilities have
been installed without adequate security, disrupting sewage services
for homeowners and producing adverse effects on the local environment.
The result was that the ministry or the local government had to
take over the systems or finance their repair. Q: Does the regulation control
development? A: The regulation itself is not designed to control development. Local governments have tools in place such as Official Community Plans, land use zoning, Growth Management Plans and development permits to control developments. The regulation does encourage the use of local service area bylaws such that local governments do become involved in ensuring adequate sewage services for their communities. June 1999 Implementation Workshops Feedback A. Transition from Permitting to the Regulation Workshop attendees
at all workshops had questions and concerns about how the ministry
will handle existing situations when moving from a permitting
approach to the new Municipal Sewage Regulation. Some key questions
asked were as follows:
Q: What happens to permit applications that were
submitted before July 15, 1999? A:
The discharger may request that the application be processed or
the discharger may register under the regulation. The terms and
conditions of any permit issued after July 15, 1999 must be consistent
with the regulation. Q:
What constitutes a change in quantity or quality of effluent
from an existing sewage facility for purposes of triggering an
application under the regulation? A:
Any increase in quantity or decrease in quality requires a new
authorization; that is, a permit amendment or registration under
the regulation. Q:
Does the new regulation apply to existing sewage facilities?
A:
Facilities authorized by a permit first issued before July 15,
1999 are exempt from the regulation. When upgrading is contemplated
or required the standards of the regulation will be applied. Q:
Can a discharger switch to the regulation from a permit? A: Yes. Q: Is it still possible to apply
for a new permit after July 15, 1999? A: It
is possible, but why would one consider this route since the terms
and conditions of any permit issued after July 15, 1999 must be
consistent with the regulation and the applicant could face appeals
and significant delays in the process.
Q: What is the term of an existing
permit? A: Generally there are no expiry dates specified in permits; however,
when upgrading is contemplated or required, the standards of the
regulation will be applied. Q: If you are out of compliance
with a permit, does the ministry also consider it out of compliance
with the regulation? A: The ministry will work with the Municipal Sewage Regulation
Implementation Committee to develop a Compliance Strategy. In
any case, there are significant penalties specified for noncompliance
with a permit or a regulation. In summary, the regulation establishes the new regulatory framework after July 15, 1999. It sets minimum standards — Ministry Regional Managers have the power to impose more stringent standards if required. Existing permits are exempt from the regulation until there is a change in effluent quantity or quality. B. Role of the Ministry of Environment Many workshop attendees, including
ministry staff, asked about how the ministry can ensure that new
projects will comply with the regulation. There was concern that
the ministry does not have sufficient opportunity to influence
projects; for example, the ministry does not have to vet projects
or check key documents, such as the Environmental Impact Study
or Operating Plan. Some of the questions asked were as follows:
Q:
How can the ministry delay a new discharge until there is assurance
of compliance? A: The
onus is on the discharger to be in compliance with the regulation
at all times. The Regional Manager has the ability under the regulation
or the Waste Management Act to impose additional requirements.
Satisfying additional requirements could delay a project. Q: At what points in the process
can ministry staff influence a project? A: During
the pre-registration meeting, upon submission of the registration
form, or at any time, as necessary to protect the environment.
Q: How will the ministry enforce
the regulation? A: The
regulation will be enforced just as permits are being enforced.
A Compliance Strategy is being developed to outline this in more
detail. Q: How and to whom does one
apply for authorization to discharge? A: Please
refer to: http://www.env.gov.bc.ca/epd/epdpa/mpp/gomsrramsd.html
for detailed instructions on registration procedures. Unlike the
permit approach, the ministry does not issue an authorization
to discharge.
Q: Does the ministry issue a
document to authorize construction of a facility? A: No.
Compliance with the regulation is the discharger's authorization.
Q: What documents exist to show
proof of compliance? A: Proof
of registration is one document; however, the onus is on the discharger
at all times to be able to prove compliance with the regulation.
The new regulation puts the onus on the discharger, with support from qualified professionals, to meet the regulation's requirements. The ministry strongly encourages dischargers to meet with the Regional Manager during the early planning stages to discuss their project. However, the ministry will not issue letters of authorization to discharge. The ministry will put resources into auditing for compliance with the regulation and into compliance and enforcement. Workshop attendees raised a number
of questions about how the regulation fits into the local government
planning process. There are a number of players involved in project
development including local council, the Approving Officer, and
the Building Inspector. Related questions fielded at the workshops
included the following: Q: How does the regulation fit
with Liquid Waste Management Planning? A: Discharges
identified in an approved liquid waste management plan (LWMP)
are exempt from the regulation. Nevertheless, a local government
may use its LWMP as an effective planning tool by requiring that
all discharges within the plan area to comply with the regulation.
Q: Is the discharger required
to consult with local government? A: It
is recommended that any local government approvals be obtained
prior to registering a discharge under the regulation. Q: What are the assurance requirements
of local governments? A: Local
governments have always had the power to require financial assurance
for projects under their jurisdiction. Each local government has
its own approach. They have the option to adopt all or parts of
the Guidelines for Assurance Plans that are being developed under
the regulation. Q: What if the local government
has no rules for new projects? A: Compliance
with the regulation will protect the environment. The ministry
will continue to work with the Ministry of Municipal Affairs and
Housing to provide the necessary tools to local government to
help them protect their local environment. Q: Is it illegal for an Approving
Officer to approve a subdivision without proof of compliance with
the regulation? A: The
ministry will work with the Ministry of Municipal Affairs and
Housing to clarify the Approving Officer's role.
Q: How does the interface with
the Building Inspector work? A: The
ministry will work with the Ministry of Community, Aboriginal
and Women's Services to clarify the Building Inspector's role. The regulation focuses on sewage aspects — overall project development is the responsibility of the discharger working with local government. The regulation can be viewed as the "building code" for the sewage aspects of the project. The ministry is considering the implementation of educational initiatives for Approving Officers, Building Inspectors, and other local government authorities involved in project development. The purpose of the education is to clarify responsibilities and encourage coordination. D. Role of Qualified Professionals Workshop attendees asked a number
of questions pertaining to the qualifications, role, and responsibilities
of qualified professionals (QP). There was concern that the qualifications
are difficult to define or enforce. Also, there was concern about
the ambiguities with respect to the extent of liability that a
qualified professional may be accepting when becoming involved
in sewage projects. Related questions fielded at the workshops
included the following: Q: How is a QP defined under
the regulation? A:
The regulation provides a clear definition. The ministry will
work with the Municipal Sewage Regulation Implementation
Committee to provide written guidance on this issue. Q: Which associations does the
ministry recognize as being QP — is the Environmental Operators
Certification Program (EOCP) included?
A: The
Association of Professional Engineers and Geoscientists of BC,
the Institute of Agrologists, the Applied Technologists and Technicians,
and the Association of Professional Biologists are four examples.
The ministry will work with the Municipal Sewage Regulation
Implementation Committee to consider other associations, as necessary. Q: Can an employee of the discharger
be a QP? A: Yes.
Q:
Will there be a list of QPs — it would help small municipalities?
A:
The ministry can provide municipalities with a checklist of what
to look for in a QP. Q:
Can local government supplement the definition of QP? A:
Yes they can. Q:
Who decides on the qualifications of a QP? A:
The "buyer" needs to check with the relevant professional
association. The ministry will not check individual QP qualifications,
but will refer inquiries to the appropriate association.
Q:
At what point in the process can one say a consultant is not
a QP —
it's complicated because the regulation does not require submission
of Operating Plans or Environmental Impact Studies to the Regional
Manager? A:
The ministry will work with the Municipal Sewage Regulation
Implementation Committee to develop a Compliance Strategy, which
addresses this issue. If the Regional Manager requests it, the
Environmental Impact Study must be submitted. Q:
How does one ensure that the QP's role and standards are adequate?
A:
There will be guidelines for Environmental Impact Studies and
for Operating Plans. Issues can be pursued through the associations
that accredit QPs. The use of QPs in the regulation puts a responsibility on accrediting associations to be diligent in their processes and on dischargers to select their consultants carefully. The ministry will work with stakeholders to develop guidelines, checklists, and other tools to better define QPs and to facilitate their use. There were some questions about
effluent standards. Some questioned whether the new minimum expectation
for secondary treatment (i.e. BOD 45/TSS 45) applies to all sewage
systems in the province. Others had questions about specific contaminants.
There is also the issue that a number of local governments have
planned to upgrade their facilities, but to a lower standard than
specified in the regulation. Now upgrading will be a much bigger
step. The questions included:
Q: When will all cities be expected
to move to the standards in the regulation? A: Specific
timing will be determined on a case by case basis with the goal
of meeting the regulation's standards as soon as practical. Q: What if the receiving water
quality is already lower than the regulation's prescribed standards
before the discharge? A: The
discharge must meet the standards of the regulation. The Regional
Manager may impose additional requirements as necessary to further
protect the environment. Q: Why require a nitrate level
of 10 [mg/L] when fertilizers have higher nitrate levels? A: The
regulation addresses municipal sewage discharges. The ministry
will continue to work with other industries and agencies to ensure
that various operating practices and product standards do not
adversely affect the environment. Q: What is the required standard
during the commissioning period of a new facility? A: That
there be no adverse environmental impact and that additional monitoring
be undertaken if required by the Regional Manager.
Q: Does the regulation force
a degree of standardization across communities? A: The
regulation sets the minimum standards. The regulation establishes minimum standards for the whole province, while giving the flexibility to require more stringent standards where required. Existing facilities will come under the regulation and be required to move to the new standards when they upgrade. The regulation sets new expectations for reduction of toxicity. Workshop participants were interested
in how the process of planning and developing a project under
the regulation works and how it affects time lines. There were
queries about the 90 day rule and how it applies to the operating
plan, the environmental impact study, and registration. There
were queries about what happens when the ministry receives a registration
form and whether ministry requests for more information could
delay project construction: Q: At what point does the Regional
Manager have the power to impose additional requirements? A: Generally
as a result of information made available during the preregistration
or registration stage, the Regional Manager will identify any
issues that need addressing; however, the Regional Manager can
at any time impose requirements as necessary to protect the environment.
Q: How can the project timeline
be affected by various decisions made by the Regional Manager?
A: None
specified. Depends on the quality of the discharger's communications
with the Regional Manager. Q: What if construction does
not proceed in a timely fashion (i.e., the discharge is registered
but no discharge actually occurs for several years)? A: The
ministry will investigate this question further; however,
it can be said that as long as the annual fee is being paid and
the registration information is current, then the discharge would
be considered registered. Q:
How will timelines be affected by ministry requests for additional
registration information? A: There
is nothing specified in the regulation. The ministry is preparing
a guideline on registration.
Q: How does one sort out the
various agencies and approvals that have to be obtained for a
project? A: The
discharger or their project manager has to manage and coordinate
approvals from various agencies. The regulation puts control of a project into the hands of the discharger. If the discharger complies with the regulation, then the project can proceed expeditiously. The regulation does not specify
in detail the contents of an assurance plan. Workshop attendees
queried the presenters about how an assurance plan could work,
about who would be willing to provide the financial and legal
assurances sought, and related issues: Q: Who is on the hook if an
assurance plan fails: Province? Local government? Discharger?
A: Preparation,
review and approval of an assurance plan will be designed to minimize
the probability of a plan's failure. Appropriate risk mitigation
and financial assurance strategies will be required for each type
of risk. The ministry must be satisfied that adequate measures
are in place in order to avoid any liability. Q: If the discharger pays the
expert consultant for reviewing its assurance plan, is this not
a conflict of interest? A:
The expert consultant is assigned by the ministry from an established
roster.
Q: How does one assure that the
buyer of a facility accepts the obligations under the assurance
plan when ownership changes? A: Would
likely be made a condition of sale. Q: What are the assurance requirements
of local governments? A: Local
government has the option of requiring an assurance plan. Q: Who will provide assurance
coverage? A:
The regulation enables the assurance plan option. Guidelines for
Assurance Plans are being developed. Which companies or organizations
actually develop and offer assurance instruments remains to be
seen. Q: How long will the ministry
take dollars out of an assurance fund before it will take control
away from the entity (i.e. for chronic offenders)? A: The
regulation requires the fund to be "topped-up". Q: How will the ministry define
system failure for purposes of tapping financial security under
an assurance plan? A: This
will be addressed in the Guidelines for Assurance Plans.
Q: How can assurance provisions
for existing facilities be upgraded to provide for better assurance?
A:
This will be addressed in the Guidelines for Assurance Plans in
general and for specific circumstances will be addressed during
permit amendment or when registration under the regulation occurs.
Acceptable content for an assurance plan needs further definition. The issues raised by the workshop attendees will be addressed in the development of Guidelines for Assurance Plans. H. Environmental Impact Studies (EIS) The regulation requires an EIS
for discharges and facilities but does not specify how they should
be done. The ministry intends to provide further direction through
a set of guidelines. The workshop participants raised a number
of questions and issues, which will be considered during the development
of the guidelines: Q: How will the ministry know
that the project will comply with the regulation if there is no
need to submit the EIS report? A:
The onus is on the discharger to ensure that an EIS is completed.
The ministry may audit an EIS at any time.
Q: Will there be an opportunity
for public notification or input? A:
The regulation was developed in consultation with wide stakeholder
input including non-government environment groups. It is designed
to protect the environment and the ministry has the ability to
impose additional requirements as necessary to further protect
the environment. Approval of a specific project including any
public process as part of the local government or land use approval
mechanism should be obtained prior to registration. Q: What if the local government
does not have a planning process and therefore no opportunity
for public input? A:
Other processes may exist such as rural subdivision approval process.
The ministry is willing to work with the Ministry of Municipal
Affairs and Housing to provide additional tools to local government
as necessary. Q: How will the ministry know
to require advanced treatment, as recommended by a QP, if there
is no need to submit the EIS? A: Through
the recommended preregistration activities, the completion of
the EIS, and the submission of the completed registration form,
the opportunity exists for the ministry or the qualified professional
to identify the need for advanced treatment. Q: What about the interface
between the EIS and the assurance plan (e.g., risk of contaminating
well water)? A: Guidelines
for EIS and for Assurance Plans are being developed.
Q: Will an EIS require the QP
to check with other agencies? A: Guidelines for EIS are being developed. For more information, contact the Environmental Management Branch.
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