O. Reg. 214/22: APPROVAL EXEMPTIONS

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ontario regulation 214/22

made under the

Ontario Water Resources Act

Made: March 10, 2022
Filed: March 14, 2022
Published on e-Laws: March 14, 2022
Printed in The Ontario Gazette: April 2, 2022

Amending O. Reg. 525/98

(APPROVAL EXEMPTIONS)

1. Section 1 of Ontario Regulation 525/98 is amended by adding the following subsection:

(2) For greater certainty, an exemption under this Regulation from subsection 53 (1) or (3) of the Act does not relieve a person of any other legal duty or obligation, including a duty or obligation arising under an existing approval.

2. Sections 3.1 to 4 of the Regulation are revoked and the following substituted:

Low impact development works

4. (1) Subsections 53 (1) and (3) of the Act do not apply to the use, operation, establishment, alteration, extension or replacement of or a change in a storm water management facility that is located wholly within the boundaries of a lot or parcel of land,

(a)  that is used primarily for a residential purpose; and

(b)  on which there are no buildings other than,

(i)  single-unit and multi-unit residential buildings, and

(ii)  buildings or structures that are accessory to the buildings mentioned in subclause (i).

(2) The exemption under subsection (1) does not apply if there is a sewage system on the lot or parcel of land on which the storm water management facility is located.

(3) In this section,

“greywater”, “hauled sewage”, “hauled sewage system”, “holding tank” and “leaching bed” have the same meanings as in Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992; (“eaux grises”, “eaux usées transportées”, “réseau de transport des eaux usées”, “cuve de rétention”, “champ d’épuration”)

“sewage system” means,

(a)  a greywater system,

(b)  a cesspool,

(c)  a leaching bed system, or

(d)  a system that requires or uses a holding tank for the retention of hauled sewage at the site where it is produced before its collection by a hauled sewage system. (“système d’égouts”)

Foundation drainage works

5. (1) Subsections 53 (1) and (3) of the Act do not apply to a sewage works if the only purpose of the sewage works is to collect, transmit, treat and dispose of ground water and storm water taken from the foundation of a building.

(2) If a permit is required under section 34 of the Act in respect of the water taking mentioned in subsection (1), the exemption in that subsection does not apply unless a permit has been issued in respect of the taking.

Construction site dewatering

6. (1) Subsections 53 (1) and (3) of the Act do not apply to a sewage works if the only purpose of the sewage works is to collect, transmit, treat and dispose of ground water and storm water taken to create and maintain one or more dewatered work areas at a construction site in respect of a construction project.

(2) If a permit is required under section 34 of the Act in respect of the water taking mentioned in subsection (1), the exemption in that subsection does not apply unless a permit has been issued in respect of the taking.

(3) For greater certainty, the exemption in subsection (1) applies if,

(a)  the activity described in subsection (1) has been prescribed for the purposes of subsection 20.21 (1) of the Environmental Protection Act; and

(b)  a circumstance set out in subsection 53 (2) of the Act applies.

(4) In this section, the following terms have the same meaning as in Ontario Regulation 63/16 (Registrations under Part II.2 of the Act — Water Taking) made under the Environmental Protection Act:

1.  Dewatered work area.

2.  Construction project.

3.  Construction site.

UV treatment of quagga and zebra mussels

7. (1) Subsections 53 (1) and (3) of the Act do not apply in respect of any part of a sewage works that is used to control quagga and zebra mussels with ultraviolet light.

(2) Subsection (1) does not apply if chemicals are used as part of the control of quagga and zebra mussels.

Drinking water systems

8. Subsections 53 (1) and (3) of the Act do not apply to a sewage works that is part of a large municipal residential system or a small municipal residential system, as those systems are defined in Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002.

Vegetated filter strip

9. (1) Subsections 53 (1) and (3) of the Act do not apply to a vegetated filter strip system that manages runoff as part of an agricultural operation.

(2) Despite subsection (1), subsections 53 (1) and (3) of the Act apply to vegetated filter strip systems that are exempt from the application of Part IX.2 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002 by section 98.15 of that Regulation.

(3) For the purpose of this section,

“vegetated filter strip system” has the same meaning as in Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002.

Greenhouse nutrient feedwater

10. (1) In this section,

“agricultural operation” has the same meaning as in the Nutrient Management Act, 2002; (“exploitation agricole”)

“GNF” means GNF within the meaning of Ontario Regulation 300/14 (Greenhouse Nutrient Feedwater), made under the Nutrient Management Act, 2002, that is generated at a greenhouse operation that is registered under that regulation; (“SNS”)

“management” has the same meaning as in the Nutrient Management Act, 2002. (“gestion”)

(2) Section 53 of the Act does not apply to a sewage works for the management of GNF at an agricultural operation if the only material managed by means of the sewage works is GNF.

(3) Section 53 of the Act does not apply to a sewage works for the transmission of GNF from one agricultural operation to another agricultural operation if the only material transmitted by means of the sewage works is GNF and the only destination to which the GNF is transmitted is the agricultural operation.

Commencement

3. This Regulation comes into force on the later of July 1, 2022 and the day this Regulation is filed.

 

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