Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation, BC Reg 470/90

Environmental Management Act PULP MILL AND PULP AND PAPER MILL LIQUID EFFLUENT CONTROL REGULATION B.C. Reg. 470/90 Deposited and effective December 13, 1990 Last amended April 1, 2018 by B.C. Reg. 46/2018 Consolidated Regulations of British Columbia This is an unofficial consolidation. Consolidation current to June 20, 2018 B.C. Reg. 470/90 (O.C. 1941/90), deposited and effective December 13, 1990, is made under the Environmental Management Act, S.B.C. 2003, c. 53. This is an unofficial consolidation provided for convenience only. This is not a copy prepared for the purposes of the Evidence Act. This consolidation includes any amendments deposited and in force as of the currency date at the bottom of each page. See the end of this regulation for any amendments deposited but not in force as of the currency date. Any amendments deposited after the currency date are listed in the B.C. Regulations Bulletins. All amendments to this regulation are listed in the Index of B.C. Regulations. Regulations Bulletins and the Index are available online at www.bclaws.ca. See the User Guide for more information about the Consolidated Regulations of British Columbia. The User Guide and the Consolidated Regulations of British Columbia are available online at www.bclaws.ca. Prepared by: Office of Legislative Counsel Ministry of Attorney General Victoria, B.C. Consolidation current to June 20, 2018 Last amended April 1, 2018 1 Environmental Management Act PULP MILL AND PULP AND PAPER MILL LIQUID EFFLUENT CONTROL REGULATION B.C. Reg. 470/90 Contents 1 Interpretation 2 Prohibitions 3 Sampling methods for compliance determination 4 [Repealed] 5 Sampling and reporting schedule 6 Waiver 7 Compliance 8 – 8.1 [Repealed] 9 Offence and penalty 10 Annual charges SCHEDULE 1 [Repealed] SCHEDULE 2 SCHEDULE 3 [Repealed] Interpretation 1 (1) In this regulation: “Act” means the Environmental Management Act; “ADt” means an air dry tonne of pulp product where the weight of the pulp product is corrected to reflect the weight that the pulp product would be if the pulp were composed of 10% water and 90% fibre; “AOX” means halogenated organic compounds that are adsorbable by activated carbon; “CBPROD” means, subject to subsection (2), the 90th percentile of the daily production rate of bleached pulp produced from an on-site bleach plant with the use of chlorine or chlorine compounds, or both chlorine and chlorine compounds, expressed as ADt, determined by the use of statistical methods, and using a period of time approved by a director for determination of the 90th percentile of the rate of chlorine or chlorine compound bleached pulp production; “compliance sampling method” means the technique used to collect samples which are subsequently analyzed to determine if the effluent satisfies the quality standards established under sections 2, 3 and 6; “EFF” means, subject to subsection (2), the 90th percentile of the rate of effluent, expressed as m3/day, including any sanitary effluent combined with process effluent, discharged from a pulp or paper or pulp and paper mill, determined by the use of statistical methods, and using a period of time approved by a director for determination of the 90th percentile of the rate of discharge of effluent; Consolidation current to June 20, 2018 B.C. Reg. 470/90 ENVIRONMENTAL MANAGEMENT ACT PULP MILL AND PULP AND PAPER MILL LIQUID EFFLUENT CONTROL REGULATION 2 Last amended April 1, 2018 “permittee” means a person who holds a permit issued under section 14 of the Act; “phase I” means a compliance sampling period commencing on the date this regulation comes into force and expiring on the date that phase II commences; “phase II” means a compliance sampling period commencing on a date specified in writing by the director; “PROD” means, subject to subsection (2), the 90th percentile of the daily production rate of a pulp or paper or pulp and paper mill, expressed as ADt, determined by the use of statistical methods, and using a period of time approved by a director for determination of the 90th percentile of the rate of production; “96 h LC50 toxicity” means the calculated concentration of effluent that is lethal to 50% of the test fish (rainbow trout (Oncorhynchus mykiss)) during a 96 hour exposure. (2) If there is an insufficient number of days of production to perform a valid 90th percentile calculation of CBPROD, EFF or PROD, the director may use the mill’s chlorine or chlorine compound bleached pulp production design figure, effluent flow design figure or production design figure respectively as values for CBPROD, EFF or PROD until such time as these parameters may be calculated in accordance with subsection (1). [am. B.C. Regs. 13/92, s. 1; 321/2004, s. 25 (a) to (e).] Prohibitions 2 (1) A permittee that operates a bleached kraft pulp mill that uses chlorine or chlorine compounds to bleach the pulp shall not discharge effluent into the environment if the amount of AOX in the effluent exceeds the lesser of (a) a monthly average of 0.6 kg of AOX/ADt of pulp produced in the bleach plant, or (b) the maximum AOX discharge rate, expressed in kg/ADt, authorized by a permit issued under section 14 of the Act. (1.1) A permittee that operates a bleached sulphite pulp mill or pulp and paper mill that uses chlorine or chlorine compounds to bleach the pulp shall not discharge effluent into the environment if the amount of AOX in the effluent exceeds the lesser of (a) a monthly average of 1.0 kg of AOX/ADt of pulp produced in the bleach plant, or (b) the maximum AOX discharge rate, expressed in kg/ADt, authorized by a permit issued under section 14 of the Act. (2) Repealed. [B.C. Reg. 321/2004, s. 25 (f).] (3) No permittee shall discharge effluent into the environment from an operation that produces pulp or paper unless the quality of the effluent is equal to or better than the quality requirement specified in Column 3 of Schedule 2. Consolidation current to June 20, 2018 ENVIRONMENTAL MANAGEMENT ACT B.C. Reg. 470/90 PULP MILL AND PULP AND PAPER MILL LIQUID EFFLUENT CONTROL REGULATION Last amended April 1, 2018 3 (4) Subsection (3) does not apply to the pulp and paper mill operations at Port Alberni existing on July 6, 2004 or to the pulp mill operation at Port Alice existing on July 6, 2004. (5) The pulp and paper mill operations at Port Alberni existing on July 6, 2004 shall not discharge effluent into the environment from those operations unless the quality of the effluent is equal to or better than the quality requirement in Column 4 of Schedule 2. (6) The pulp mill operation at Port Alice existing on July 6, 2004 shall not discharge effluent into the environment from that operation unless the quality of the effluent is equal to or better than the quality requirement in Column 5 of Schedule 2. (7) to (9) Repealed. [B.C. Reg. 188/2002, s. 1 (c).] [am. B.C. Regs. 13/92, s. 2; 188/2002, s. 1; 321/2004, s. 25 (d) and (f).] Sampling methods for compliance determination 3 (1) The compliance sampling method used to determine the effluent flow rate and temperature shall be as specified in writing by a director. (2) The compliance sampling method used to provide an effluent sample for deter mination of the 96 h LC50 toxicity shall consist of a grab sample. (3) The compliance sampling method used to provide effluent samples for determi nation of the 5 day biochemical oxygen demand (BOD5), the total suspended solids (TSS) and the AOX during phase I shall consist of collecting an effluent sample during a period of 24 hours by taking (a) a continuous sample of the effluent being discharged from each effluent outfall, (b) a composite of equal samples from each effluent outfall at least every 15 minutes, or (c) a composite of samples from each effluent outfall at least every 15 minutes in an amount proportionate to the amount of the effluent. (4) The compliance sampling method used to provide effluent samples for determi nation of BOD5, TSS and AOX during phase II shall be as specified in writing by the director. [am. B.C. Reg. 321/2004, s. 25 (b).] 4 Repealed. [B.C. Reg. 321/2004, s. 25 (g).] Sampling and reporting schedule 5 (1) In accordance with section 3, each permittee that produces pulp or paper shall sample each effluent outfall at the following minimum frequencies: (a) 5 times per week for TSS; (b) 3 times per week for BOD5; Consolidation current to June 20, 2018 B.C. Reg. 470/90 ENVIRONMENTAL MANAGEMENT ACT PULP MILL AND PULP AND PAPER MILL LIQUID EFFLUENT CONTROL REGULATION 4 Last amended April 1, 2018 (c) for a pulp mill that bleaches pulp with chlorine or a chlorine compound, once a week for AOX; (d) once per month for toxicity; (e) continuous or daily grab for temperature; (f) daily for flow. (2) and (3) Repealed. [B.C. Reg. 321/2004, s. 25 (g).] (4) A director may specify an alternate sampling schedule for non-process effluent outfalls to replace the requirements outlined in subsection (1). (5) Each permittee must submit to a director monitoring data collected under subsection (1) or (4) within 30 days of the end of the month in which the data is collected. [am. B.C. Regs. 13/92, s. 4; 188/2002, s. 2; 321/2004, s. 25 (e) and (g) to (j).] Waiver 6 (1) Repealed. [B.C. Reg. 321/2004, s. 25 (g).] (2) Repealed. [B.C. Reg. 13/92, s. 5.] (3) Repealed. [B.C. Reg. 321/2004, s. 25 (g).] (4) If, in the opinion of a director, a permittee is unable to comply with a requirement of this regulation because of (a) an act of God or natural disaster, (b) an act of war, terrorism or vandalism, (c) a labour dispute or work stoppage, or (d) an unforeseen mechanical breakdown, the director may, in writing, grant a waiver from all or part of this regulation for a period not exceeding 90 days. (5) The power under subsection (4) may be exercised only once in respect of the same incident. [am. B.C. Regs. 13/92, s. 5; 321/2004, s. 25 (e), (g) and (k).] Compliance 7 Analytical and arithmetic methods used to evaluate compliance with the requirements of this regulation shall be approved by the director. 8 and 8.1 Repealed. [B.C. Reg. 188/2002, s. 3.] Offence and penalty 9 (1) A person who contravenes section 3 or 5 (1) or (4) commits an offence and is liable to a penalty not exceeding $200 000. Consolidation current to June 20, 2018 ENVIRONMENTAL MANAGEMENT ACT B.C. Reg. 470/90 PULP MILL AND PULP AND PAPER MILL LIQUID EFFLUENT CONTROL REGULATION Last amended April 1, 2018 5 (2) A person who, with intent to mislead, submits false monitoring data under section 5 (5) commits an offence and is liable to a penalty not exceeding $200 000. [am. B.C. Regs. 188/2002, s. 4; 321/2004, s. 25 (l).] Annual charges 10 For the purpose of calculating the annual charge under the Permit and Approval Fees and Charges Regulation, B.C. Reg. 299/92, the maximum authorized discharge rate and concentration is the following: (a) for a bleached kraft pulp mill, the lesser of (i) 0.6 kg of AOX/ADt, or (ii) the maximum AOX discharge rate, expressed in kg/ADt, authorized by a permit issued under section 14 of the Act; (b) for a bleached sulphite pulp mill, the lesser of (i) 1.0 kg of AOX/ADt, or (ii) the maximum AOX discharge rate, expressed in kg/ADt, authorized by a permit issued under section 14 of the Act. [en. B.C. Reg 188/2002, s. 5; am. B.C. Regs. 321/2004, s. 25 (d) and (m); 46/2018, App. 3, s. 6.] Consolidation current to June 20, 2018 6 Last amended April 1, 2018 B.C. Reg. 470/90 ENVIRONMENTAL MANAGEMENT ACT PULP MILL AND PULP AND PAPER MILL LIQUID EFFLUENT CONTROL REGULATION Schedule 2 S C H E D U L E 1 R ep ea le d. [ B .C . R eg . 32 1/ 20 04 , s. 2 5 (n ). ] S C H E D U L E 2 (S ec ti on 2 ) [e n. B .C . R eg . 5 18 /9 5; a m . B .C . R eg . 3 21 /2 00 4, s . 2 5 (o ). ] * M on th ly a ve ra ge v al ue is th e ar it hm et ic a ve ra ge o f th e te st v al ue s co ll ec te d du ri ng th e ca le nd ar m on th . S C H E D U L E 3 R ep ea le d. [B .C . R eg . 32 1/ 20 04 , s. 2 5 (n ). ] C op yr ig ht © 2 01 8, P ro vi nc e of B ri ti sh C ol um bi a C o lu m n 1 C o lu m n 2 C o lu m n 3 Q u al it y R eq u ir em en ts C o lu m n 4 – S p ec ia l Q u al it y R eq u ir em en ts – P o rt A lb er n i C o lu m n 5 – S p ec ia l Q u al it y R eq u ir em en ts – P o rt A lic e C h ar ac te ri st ic U n it s M o n th ly A ve ra g e* D ai ly M ax . M o n th ly A ve ra g e* D ai ly M ax . M o n th ly A ve ra g e* D ai ly M ax . T SS m g/ l B O D 5 m g/ l A cu te T ox ic it y: 9 6 h L C 50 to xi ci ty % e ff lu en t vo lu m e 10 0% 10 0% 10 0% 10 0% 10 0% 10 0% 11 .2 5 P R O D E F F × 10 00 × 18 .7 5 P R O D E F F × 10 00 × 60 92 E F F 10 00 × 10 15 4 E F F 10 00 × 16 20 0 E F F 10 00 × 27 30 0 E F F 10 00 × 7. 5 P R O D E F F × 10 00 × 7. 5 P R O D E F F × 10 00 × 33 85 E F F 10 00 × 56 41 E F F 10 00 × 36 35 E F F 10 00 × 72 70 E F F 10 00 × Consolidation current to June 20, 2018