| #Q001 | reporting | operational | mandatory | Notification for Exemption | wastewater, other | Despite subsection (1), a person who owns or operates a plant described in subsection (1), other than a plant described in item 86 of Table 1, is not a regulated person during any periods where any of the following circumstances apply to the plant and the person notifies the Director of it in writing: 1. The plant’s sewage works for sewage other than storm water are exempt under clause 53 (6) (a) or (b) of the Ontario Water Resources Act from the prohibition under subsection 53 (1) of that Act. 2. If the plant is listed in Table 1, the person permanently ceases all operations and activities described in clause (1) (c). | Applies if the plant meets the listed exemption criteria and the operator wishes to not be considered a regulated person. | high |
| #Q002 | administrative | operational | mandatory | Restriction on Order Issuance | wastewater, other | An order under subsection 182.1 (1) of the Act to pay an environmental penalty shall not be issued for any contravention referred to in that subsection except as set out in this Regulation. | | high |
| #Q003 | administrative | operational | mandatory | Conditions for Penalty Order | wastewater, other | An order under subsection 182.1 (1) of the Act to pay an environmental penalty may only be issued, (a) to a regulated person; and (b) for a contravention that, (i) occurs at, (A) a plant described in subsection 3 (1) or relates to the operations of the plant, or (B) a landfilling site or relates to the operations of the landfilling site; (ii) is described in Column 2 of Table 2 or 3, if the circumstances, if any, set out in Column 3 of the applicable Table for the contravention apply, and (iii) occurs or continues on or after the date specified in Column 4 of Table 2 or 3 in respect of the contravention. | | high |
| #Q004 | administrative | reporting | mandatory | Notice of Intention to Issue Penalty | wastewater, other | Before issuing an order to a regulated person under subsection 182.1 (1) of the Act, the Director shall give the regulated person a written notice of intention to issue the order that includes the following information: 1. A statement of the Director’s intention to issue an order under subsection 182.1 (1) of the Act. 2. The item number in Table 2 or 3 of the contravention to which the proposed order will relate. 3. The classification of the contravention as a Type 1, 2 or 3 contravention in accordance with Table 2 or 3, the classification of the contravention as a less serious, serious or very serious contravention in accordance with sections 10 to 15, and the cell of Table 4 that corresponds to the classifications. 4. A statement of which factors listed under paragraph 3 of subsection 9 (1) the Director will consider in determining the amount of the gravity component from the range set out in the cell of Table 4 identified under paragraph 3 of this subsection. 5. In the case of a contravention specified in item 1 of Table 2 or 3, i. a description of the adverse effects that were caused or that may be caused by the contravention, and ii. a statement as to whether the discharge contained a toxic substance. 6. A description of the days or parts of days on which the contravention occurred or continued in respect of which the Director intends to issue the order, where a day is a 24-hour period. 7. If appropriate, the location of the contravention. 8. If the Director is of the opinion that as a result of the contravention, a monetary benefit described in paragraph 1 or 2 of subsection 8 (1) was acquired by the regulated person, the estimated monetary benefit and a summary of how the Director determined the monetary benefit, including the time frame that was used in the estimate. 9. Information about the regulated person’s right under section 6 to request a reduction to the amount of the environmental penalty and the grounds on which such a reduction may be requested. | Before an order is issued to a regulated person to pay an environmental penalty. | high |
| #Q005 | administrative | reporting | guidance | Amendment of Notice of Intention | wastewater, other | The Director may amend a notice of intention after it has been issued by giving the regulated person a written amendment. | | high |
| #Q006 | administrative | operational | guidance | Request for Review Timeline | wastewater, other | A regulated person who receives a notice of intention under subsection 5 (1), or an amendment under subsection 5 (3), may make any one or more of the following requests in writing, within 15 days after the date indicated on the notice of intention or on the amendment, if any, or within such longer period as the Director agrees to in writing: | When requesting a review of a penalty. | high |
| #Q007 | reporting | operational | mandatory | Content of Request for Review | wastewater, other | A request made under subsection (1) shall include the following information: 1. For a request under paragraph 4 of subsection (1), the grounds on which the reduction is requested and a specific description of the steps taken. 2. For a request under paragraph 5 of subsection (1), any document demonstrating that, at the time of the contravention, the regulated person had in place an environmental management system described in section 17. 3. For any request under subsection (1), all information and submissions that the regulated person wants the Director to consider with respect to the request. | Applies when a regulated person makes a request for review under subsection 6(1). | high |
| #Q008 | administrative | operational | mandatory | Reduction of Punitive Environmental Penalty | wastewater, other | If, after determining the environmental penalty for the contravention, the Director determines that the amount of the environmental penalty is, by its magnitude, punitive in nature having regard to all the circumstances, the Director shall reduce the amount of the environmental penalty to an amount that is consistent with promoting internal discipline among regulated persons to comply with the requirements under the Act. | If the determined environmental penalty is punitive in nature. | high |
| #Q009 | administrative | operational | mandatory | Determination of Monetary Benefit | wastewater, other | If the Director is of the opinion that a regulated person acquired a monetary benefit described in subsection (1), the Director shall, (a) determine the time frame during which the regulated person acquired the monetary benefit; and (b) determine the amount of the monetary benefit in accordance with the Ministry of the Environment publication entitled “Procedure for the Calculation of the Monetary Benefit Component of Environmental Penalties”, as amended from time to time. | If the regulated person acquired an avoided or delayed cost monetary benefit. | high |
| #Q010 | administrative | operational | mandatory | Multiplier for Toxic Substance | wastewater, other | For a contravention specified in item 1 or 2 of Table 2 or item 1 or 2 of Table 3, the Director shall multiply the amount determined under paragraph 3 by 1.35 if the discharge contains a toxic substance, unless the information submitted under paragraph 2 of subsection 6 (1) demonstrates that the toxic substance or its concentration did not result from the operations or activities of the plant or landfilling site. | Applies if the discharge related to the contravention contains a toxic substance. | high |
| #Q011 | administrative | operational | mandatory | Multiplier for Contaminant That is a Toxic Substance | wastewater, other | For a contravention specified in item 3.1 to 4.2 of Table 2 or item 3 or 4 of Table 3, the Director shall multiply the amount determined under paragraph 3 by 1.35, if the contravention relates to a contaminant that is a toxic substance. | Applies if the contravention relates to a toxic substance. | high |
| #Q012 | administrative | operational | mandatory | Reduction for Environmental Management System | wastewater, other | The Director shall grant a reduction to the gravity component equal to 5 per cent of the gravity component if, at the time of the contravention, the regulated person had in place an environmental management system for the plant or landfilling site that was audited within three years before the contravention, and the audit confirmed one of the following: 1. That at the time of the audit, i. the environmental management system was certified as meeting the standard set out in the document entitled “Environmental management systems –Requirements with guidance for use” and designated as CAN/CSA-ISO 14001:04, published by the Canadian Standards Association, as amended from time to time, by an environmental management systems registrar that has been accredited by, A. the Standards Council of Canada, or B. an accreditation body outside of Canada that is a signatory to the International Accreditation Forum Multilateral Recognition Arrangement, and ii. the certification is recorded in a registry maintained by the registrar. 2. That at the time of the audit, the environmental management system was determined to be compliant with the standard set out in the document referred to in paragraph 1 i. is not an employee at the plant or landfilling site or a contractor who routinely works at the plant or landfilling site, ii. audits according to a code of practice that conforms with the document entitled “Guidelines for quality and/or environmental management systems auditing” and designated as CSA/ISO 19011:2003, published by the Canadian Standards Association, as amended from time to time, and iii. is certified by, A. an auditing certification body that has been accredited by the Standards Council of Canada, including the Canadian Environmental Certification Approvals Board, or B. a body outside of Canada that is a signatory to the International Accreditation Forum Multilateral Recognition Arrangement. 3. That at the time of the audit, the environmental management system was verified as meeting the requirements set out in the documents entitled “Ethic and Codes of Practice of Responsible Care: Commitment Package – Part I” and “The Responsible Care Way of Life... expectations of member and partner companies: Commitment Package – Part II” published by the Canadian Chemical Producers’ Association, as amended from time to time, by a person authorized by the Canadian Chemical Producers’ Association to audit environmental management systems. | If the regulated person had a qualified environmental management system in place at the time of the contravention that was audited within three years prior. | high |
| #Q013 | administrative | reporting | mandatory | Prohibition on Unregistered Water Taking | other | A person who proposes to engage in an activity prescribed by section 2 shall not register the activity in the Registry until the following conditions are met, as applicable: 1. The person proposing to engage in the activity has received a copy of a water body report that is prepared by a person who meets the qualifications set out in subsection (2)... | Applies to highway or transit projects proposing to take > 50,000L/day from a qualifying water body. | high |
| #Q014 | monitoring | operational | mandatory | Stream Flow Rate Calculation | other | before the taking of water each day, the flow rate of the stream shall be calculated using the methodology set out in the water body report referred to in paragraph 1 of subsection 4 (1) or another methodology prepared by a person who meets the qualifications set out in subsection 4 (2). | Applies if the water body is a permanent stream. | high |
| #Q015 | monitoring | reporting | mandatory | Daily Water Taking Log Maintenance | other | A log shall be maintained at the location of the water taking that sets out, with respect to each day water is taken from the water body, i. the date, ii. the name of the water body, iii. the location of each water taking, iv. the average rate at which water was taken in litres per second, v. if the water body is a stream, the flow rate of the stream as calculated under subparagraph 1 ii, vi. the total volume of water taken in litres, and vii. any additional information required by the water body report. | Required daily for highway and transit water taking projects. | high |
| #Q016 | operational | health | mandatory | Spill Clean-up Equipment Availability | other | Spill clean-up and containment equipment that is designed to contain or absorb oil, fuel and lubricant shall be available at the site of the water taking for the period during which the taking of water occurs. | Required at site during active water taking for highway/transit projects. | high |
| #Q017 | reporting | reporting | mandatory | Immediate Complaint Notification | other | If the person receives a complaint with respect to the taking of water and the complaint relates to the natural environment, the Ministry shall be notified of the complaint immediately after the complaint is received. | Applies when a complaint regarding the natural environment is received. | high |
| #Q018 | administrative | reporting | mandatory | Five-Year Record Retention | other | A person who engages in an activity prescribed by section 2 shall ensure that each of the following documents or records is retained for a period of five years from the day it is required to be created or from the last day it is updated, as the case may be: 1. A copy of each water body report... 3. Each log referred to in paragraph 4 of subsection 4.1 (1). | Mandatory record retention for highway/transit project water takings. | high |
| #Q019 | administrative | reporting | mandatory | Construction Dewatering Registration Prohibition | other | A person who proposes to engage in an activity prescribed by section 7 shall not register the activity in the Registry until the person proposing to engage in the activity, (a) has received a copy of a water taking report... and (b) has received a copy of a discharge report... | Required before registering construction site dewatering activities. | high |
| #Q020 | prohibition | aesthetic | mandatory | Petroleum Sheen Prohibition | other | With respect to any ground water or storm water, or both, that is discharged into the natural environment or a storm sewer, there shall be no visible petroleum hydrocarbon film or sheen present. | Applies to all construction dewatering discharges. | high |
| #Q021 | administrative | reporting | mandatory | Pumping Test Registration Requirement | other | A person who proposes to engage in an activity prescribed by section 12 shall not register the activity in the Registry until the person proposing to engage in the activity has received a copy of the pumping test design report that is prepared by a person who meets the qualifications set out in subsection (2)... | Applies to pumping tests taking > 50,000L/day but < 5,000,000L/day. | high |
| #Q022 | reporting | reporting | mandatory | Pumping Test Written Notice | other | Prior to the commencement of the activity, the notification protocol shall be implemented in accordance with the protocol set out in the pumping test design report pursuant to paragraph 4 of subsection 13 (3). | Notice to impacted water users at least 48 hours prior to test commencement. | high |
| #Q023 | prohibition | aesthetic | mandatory | Pumping Test Discharge Petroleum Sheen Prohibition | other | With respect to any ground water or storm water, or both, that is discharged into the natural environment or a storm sewer, there shall be no visible petroleum hydrocarbon film or sheen present. | Applies to pumping test water discharges. | high |
| #Q024 | reporting | reporting | mandatory | Annual Volume Reporting | other | On or before March 31 in each year, the person engaging in the activity shall provide the Director with a report, in a form and manner approved by the Director, setting out the volume of water taken daily in the previous calendar year. | Annual requirement for persons engaging in registered pumping tests. | high |
| #Q025 | monitoring | operational | mandatory | Water Monitoring Plan Implementation | other | A water monitoring plan shall be implemented in accordance with the plan set out in the water body report, if the applicable circumstances arise. | Applies during highway or transit projects if specified circumstances in the water body report occur. | high |
| #Q026 | reporting | reporting | mandatory | Notice to Municipalities and Conservation Authorities | other | If the taking of water is intended to continue for more than 365 days from the proposed start date of the water taking, the person proposing to engage in the activity shall give written notice that includes the information set out in subsection (2) to, i. the upper-tier and lower-tier municipalities or the single-tier municipality, as the case may be, within whose area of jurisdiction the proposed water taking is located, and ii. any conservation authority within whose area of jurisdiction the proposed water taking is located. | Applies to highway or transit projects lasting more than 365 days. | high |
| #Q027 | operational | reporting | mandatory | Periodic Water Body Report Update | other | If the taking of water continues for 10 years from the day it began, the person shall ensure that the information referred to in subsection 4 (3) with respect to the water body report is updated within 30 days. | Applies if water taking for highway/transit projects persists for 10 years. | high |
| #Q028 | reporting | reporting | mandatory | Completion Notice in Registry | other | If the taking of water is no longer needed, within 30 days after the day the person has ceased to engage in the activity they shall give notice to the Ministry that the water taking is complete by filing that information in the Registry. | Mandatory once the water taking activity for highway/transit projects is complete. | high |
| #Q029 | operational | health | mandatory | Erosion and Sediment Control Maintenance | other | Any erosion, flooding, scouring, sediment and total suspended solids control measures identified in the discharge report shall be used, operated and maintained in a manner that satisfies the recommendations of the manufacturer of the control measures or as directed in the discharge report if no such recommendations exist. | Applies to construction site dewatering discharges. | high |
| #Q030 | operational | health | mandatory | Recovery and Disposal of Control Materials | other | All control measures referred to in paragraph 7 and all materials collected or trapped by those measures shall be recovered and disposed of when the person is no longer engaging in the activity. | Mandatory after construction dewatering activities cease. | high |
| #Q031 | operational | reporting | mandatory | Highway Project Document Inspection | other | A copy of the water body report shall be provided in paper or electronic format for inspection upon request. | Applies to persons engaging in registered highway or transit project water taking activities. | high |
| #Q032 | reporting | reporting | mandatory | Highway Project Annual Reporting | other | On or before March 31 in each year, the person engaging in the activity shall provide the Director with a report, in a form and manner approved by the Director, setting out the volume of water taken daily with respect to each water body from which water was taken in the previous calendar year. | Annual requirement for highway or transit project water takings. | high |
| #Q033 | operational | reporting | mandatory | Construction Dewatering Notification Implementation | other | Prior to the commencement of the activity, the notification protocol shall be implemented in accordance with the protocol set out in the water taking report pursuant to paragraph 12 of subsection 8 (4). | Applies to registered construction site dewatering activities. | high |
| #Q034 | reporting | reporting | mandatory | Construction Dewatering Annual Reporting | other | On or before March 31 in each year, the person engaging in the activity shall provide the Director with a report, in a form and manner approved by the Director, setting out the volume of water taken daily for each dewatered work area in the previous calendar year. | Annual requirement for construction site dewatering. | high |
| #Q035 | reporting | reporting | mandatory | Construction Dewatering Complaint Notification | other | If the person receives a complaint with respect to the taking or discharging of ground water or storm water, or both, and the complaint relates to the natural environment, the Ministry shall be notified of the complaint immediately after the complaint is received. | Applies when a complaint regarding the natural environment is received during construction dewatering. | high |
| #Q036 | administrative | reporting | mandatory | Construction Dewatering Record Creation | other | A person who engages in an activity prescribed by section 7 shall ensure that each of the following records with respect to the taking of ground water, storm water or both is created and retained for a period of five years from the day it is required to be created: 1. The dates on which the person engaged in the activity prescribed by section 7. 2. For each day on which ground water, storm water or both was taken, the average rate at which it was taken from each dewatered work area in litres per second. 3. The volume of ground water, storm water or both taken from each dewatered work area each day in litres. | Applies to all construction dewatering activities. | high |
| #Q037 | operational | reporting | mandatory | Pumping Test Document Inspection | other | A copy of the pumping test design report shall be provided in paper or electronic format for inspection upon request. | Applies to persons conducting registered pumping tests. | high |
| #Q038 | reporting | reporting | mandatory | Pumping Test Complaint Notification | other | If the person receives a complaint with respect to the taking or discharging of ground water or storm water, or both, and the complaint relates to the natural environment, the Ministry shall be notified of the complaint immediately after the complaint is received. | Applies when a complaint regarding the natural environment is received during pumping tests. | high |
| #Q039 | administrative | reporting | mandatory | Pumping Test Record Maintenance | other | A person who engages in an activity prescribed by section 12 shall ensure that the following records are created and retained for a period of five years: 1. Any wells from which water is being taken, including well tag numbers if available. 2. The date and duration of each water taking. 3. The rate of taking in litres per second for each water taking. 4. The total volume of ground water taken per day in litres for each water taking. | Mandatory records for pumping tests. | high |
| #Q040 | operational | operational | mandatory | Stream Taking Rate Limitation | other | If the water body from which the water is to be taken is a permanent stream, the instantaneous rate of water taking from the water body shall not exceed 5 per cent of the stream flow rate at the point of the water taking. | Applies when taking water from a permanent stream for highway or transit projects. | high |
| #Q041 | corrective_action | operational | mandatory | Construction Contingency Plan Implementation | other | Any measures identified in the contingency plans set out in the water taking report, pursuant to paragraph 10 of subsection 8 (4), and the discharge report, pursuant to paragraph 7 of subsection 8 (5), shall be implemented if the applicable circumstances arise. | Applies to construction site dewatering activities when specified contingency circumstances occur. | high |
| #Q042 | operational | operational | mandatory | Construction Shutdown Protocol Implementation | other | Any shutdown protocol identified in the contingency plans set out in the water taking report, pursuant to paragraph 10 of subsection 8 (4), and the discharge report, pursuant to paragraph 7 of subsection 8 (5), shall be implemented if the applicable circumstances arise. | Applies to construction site dewatering when shutdown conditions are met. | high |
| #Q043 | reporting | reporting | mandatory | Construction Dewatering Completion Notice | other | If the taking of water is no longer needed, within 30 days after the day the person has ceased to engage in the activity they shall give notice to the Ministry that the water taking is complete by filing that information in the Registry. | Applies when construction site dewatering activities are finished. | high |
| #Q044 | operational | operational | mandatory | Pumping Test Performance Fidelity | other | The pumping test shall be performed in accordance with the pumping test design report and in accordance with any subsequent modifications to the report that have been approved by the person who prepared the report. | Mandatory for all registered pumping tests. | high |
| #Q045 | reporting | reporting | mandatory | Pumping Test Completion Notice | other | If the taking of water is no longer needed, within 30 days after the day the person has ceased to engage in the activity they shall give notice to the Ministry that the water taking is complete by filing that information in the Registry. | Applies when pumping test activities are finished. | high |
| #Q046 | administrative | operational | mandatory | Exempt Dewatering Discharge Report Requirement | other | A person shall not engage in an activity referred to in subsection (1) until the person has received a copy of a discharge report that is prepared by a person who meets the qualifications set out in subsection 8 (3) and includes the information and statements set out in subsection 8 (5). | Applies to storm water taking or sewage works used solely for construction dewatering. | high |
| #Q047 | operational | reporting | mandatory | Construction Report Availability | other | A copy of the water taking report and the discharge report shall be provided in paper or electronic format for inspection upon request. | Applies to persons engaging in construction site dewatering activities. | high |
| #Q048 | monitoring | operational | mandatory | Dewatering Monitoring Plan Implementation | other | A water monitoring plan shall be implemented in accordance with the plan set out in the water taking report, if the applicable circumstances arise. | Applies to construction site dewatering when specified monitoring conditions are met. | high |
| #Q049 | operational | operational | mandatory | Dewatering Discharge Method Implementation | other | Subject to paragraphs 5 and 6, the method of transfer or discharge recommended in the discharge report shall be implemented with respect to the ground water or storm water, or both, that is taken for the purposes of dewatering the construction site. | Standard operational requirement for construction dewatering. | high |
| #Q050 | monitoring | reporting | mandatory | Precipitation Recording | other | A record of any precipitation on the construction site. | Required record-keeping for all construction dewatering activities. | high |
| #Q051 | administrative | reporting | mandatory | Pumping Test Deviation Recording | other | Any deviations made from the pumping test design report that occurred during the execution of the pumping test, including any use of the contingency plan. | Required record-keeping for registered pumping tests. | high |
| #Q052 | administrative | reporting | mandatory | Pumping Test Notification Record Maintenance | other | A copy of all notifications sent in accordance with the notification protocol set out in the pumping test design report. | Required record-keeping for registered pumping tests. | high |
| #Q053 | operational | health | mandatory | Dewatering Discharge Turbidity Limit | other | With respect to any ground water or storm water, or both, that is discharged into the natural environment or a storm sewer that is within 30 metres of a water body, turbidity of the discharge shall not exceed eight Nephelometric Turbidity Units above the background levels of the receiving water body. | Applies to dewatering discharges within 30m of a water body. | high |
| #Q054 | monitoring | operational | mandatory | Dewatering Discharge Monitoring Plan | other | A monitoring plan for the discharge shall be implemented in accordance with the plan set out in the discharge report, if the applicable circumstances arise. | Applies when discharge monitoring conditions in the report are met. | high |
| #Q055 | reporting | reporting | mandatory | Long-term Dewatering Notice | other | If the taking of water is intended to continue for more than 365 days from the proposed start date of the water taking, the person proposing to engage in the activity shall give written notice that includes the information set out in subsection (3) to, i. the upper-tier and lower-tier municipalities or the single-tier municipality, as the case may be, within whose area of jurisdiction the proposed water taking is located, and ii. any conservation authority within whose area of jurisdiction the proposed water taking is located. | Applies to dewatering taking exceeding 365 days. | high |
| #Q056 | monitoring | operational | mandatory | Pumping Test Monitoring Plan Implementation | other | A monitoring plan shall be implemented in accordance with the plan set out in the pumping test design report. | Mandatory for all registered pumping tests. | high |
| #Q057 | corrective_action | operational | mandatory | Pumping Test Contingency Implementation | other | Any measures identified in the contingency plan set out in the pumping test design report pursuant to paragraph 6 of subsection 13 (3) shall be implemented if the applicable circumstances arise. | Triggered by contingency circumstances defined in the design report. | high |
| #Q058 | operational | operational | mandatory | Pumping Test Discharge Method | other | The method of transfer or discharge recommended by the discharge plan set out in the pumping test design report shall be implemented with respect to the ground water or storm water, or both, that is taken for the purposes of the pumping test. | Standard operational requirement for pumping tests. | high |
| #Q059 | operational | health | mandatory | Pumping Test Control Maintenance | other | Any erosion, sediment and total suspended solids control measures identified in the pumping test design report pursuant to sub-subparagraphs 7 iv A and B of subsection 13 (3) shall be used, operated and maintained in a manner that satisfies the recommendations of the manufacturer of the control measures or as directed in the discharge plan if no such recommendations exist. | Applies to pumping test discharge controls. | high |
| #Q060 | operational | health | mandatory | Pumping Test Material Recovery | other | All control measures referred to in paragraph 8 and all materials collected or trapped by those measures shall be recovered and disposed of when the person is no longer engaging in the activity. | Mandatory after pumping test activities cease. | high |