Municipal Sewage Regulation Communications

Municipal Sewage Regulation Communications — Summary of Workshops
on the New BC Municipal Sewage Regulation

June 1999

T`ABLE OF CONTENTS

I.	INTRODUCTION
II.	SUMMARY OF PROCEEDINGS
III.	REGIONAL PERSPECTIVE
	A.	Prince George
	B.	Surrey
	C.	Kamloops
	D.	Nelson
	E.	Nanaimo
IV.	GUIDELINES FOR ENVIRONMENTAL IMPACT STUDIES
V.	GUIDELINES FOR ASSURANCE PLANS
VI.	SUMMARY

I. INTRODUCTION

A series of workshops on the new BC Municipal Sewage Regulation was held in British Columbia in June 1999. The new regulation is effective July 15, 1999. The workshops, which were held in Prince George, Surrey, Kamloops, Nelson, and Nanaimo, were designed to give private and public sector stakeholders a head start on its implementation.

The workshops provided participants with lots of opportunities for questions, discussions, and input. The workshop facilitator used flip charts to record people's questions and comments. The contents of these flip charts will be used by ministry staff and the Municipal Sewage Regulation Implementation Committee to facilitate the regulation's implementation.

This document provides a summary of the workshop proceedings. Section II outlines the most common questions and issues raised in the five workshops. Section III focuses on specific issues raised in each city, providing a regional perspective. Sections IV and V summarize feedback obtained from the workshop participants for the Guidelines for Environmental Impact Studies (EIS) and the Guidelines for Assurance Plans, respectively.

Any questions and comments about this summary or the workshops can be directed to Chris Jenkins, Environmental Management Officer, at the following address:

PO Box 9339 Stn Prov Govt.
Victoria, BC V8W 9M1

II. SUMMARY OF PROCEEDINGS

This section provides a summary of the main questions and comments raised across all five workshops.

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 non-compliance 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.

C. Role of Local Government

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 government?

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 Community, Aboriginal and Women's Services 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 Community, Aboriginal and Women's Services 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 ministry presenter emphasized that 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 further guidance, if necessary.

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?

A: The ministry will work with the Municipal Sewage Regulation Implementation Committee to develop a Compliance Strategy, which addresses this issue.

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.

E. Effluent Standards

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.

F. Process and Timelines

Workshop participants were interested in how the process of planning and developing a project under the regulation works and how it affects timelines. 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 will consider whether a guideline should be developed.

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.

G. Assurance Plans

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 whom 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 top ups of fund.

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. The workshop attendees provided useful input for these Guidelines (see below).

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 Community, Aboriginal and Women's Services 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.

The ministry received input from the workshop participants on the scope and content of an EIS (see below). Workshop participants provided a number of useful ideas for doing environmental assessments.

III. REGIONAL PERSPECTIVE

The workshop participants at the different cities focused on particular issues that are relevant to their region. These regional perspectives are summarized in this section.

A. Prince George

A total of 38 people attended the Prince George workshop. The majority of the questions and issues raised were from a government's perspective, as 95 percent of the attendees were from the public sector, including twelve people from the ministry.

Chris Jenkins of the ministry made the presentation on both the regulation and the local government planning perspective. Feedback was received from the attendees for the Guidelines for Environmental Impact Study and for the Guidelines for Assurance Plans through break-out sessions. Their input was also received for a Code of Practice for Use of Reclaimed Water.

The Prince George group raised the following issues, among others: