Helpful tips for using this self-assessment

Keep the following in mind as you use this self-assessment:

  • your yes responses will indicate:
    • how knowledgeable you are about the relevant legislation
    • how well you are able to comply with relevant legislation
  • this self-assessment is designed so you can fill it out at your leisure and save your responses for future reference
  • we recommend that you use your initial responses as a benchmark to assess compliance for your works
  • refer back to your responses to ensure you continue to increase the number of yes responses as you work towards environmental improvement
  • once you have completed this self-assessment, save and print the entire document so you have the questions, answers and support information

Glossary of terms

Introduction

This self-assessment will answer key questions about your regulatory responsibilities and help you prepare for future inspections that the ministry may conduct on your sewage works.

Environmental permissions are granted by the ministry to businesses, individuals and public sector organizations that operate in Ontario. Environmental permissions set rules that protect the natural environment and human health.

Learn more about the different types of environmental permissions you or your business may need and how to apply.

Contact your local ministry district office if you have any questions about your sewage works operation.

Disclaimer

This self-assessment was written to provide information on private, commercial, and industrial sewage works, excluding municipally owned sewage works, it should not be construed as legal advice. While all efforts are made to ensure the accuracy of the requirements summarized below, if there is any discrepancy between this summary and the acts or regulations, the provisions of the acts and regulations prevail.

Section 1.0

Do you need an Environmental Compliance Approval (ECA), permit or to register in the Environmental Activity and Sector Registry (EASR) for your sewage works?

Question 1.1: Do you know what legislation requires you to obtain a permission for your sewage works?

(Yes or No)

ECA replaces the term certificate of approval under the Environmental Protection Act (EPA) and the term approvals under the Ontario Water Resources Act (OWRA). The ministry administers both acts.

A multi-media ECA allows for a single approval that addresses all of a business’s emissions, discharges and wastes. For example, if your facility has more than one type of environmental impact such as discharge to water and air emissions, you can apply for the approvals in one application. Separate approvals for air, noise and waste are no longer required.

An ECA for sewage works is required under the OWRA and issued under the EPA:

  • section 53 of the OWRA requires approval prior to using, operating, establishing, altering, extending or replacing new or existing sewage works
  • although the requirement to obtain an ECA for sewage works is in the OWRA, as of October 31, 2011, ECAs are issued under Section 20.2 of the EPA
  • sewage works approvals in effect before October 31, 2011, and their terms and conditions, remain in effect and can be amended, reviewed, suspended and revoked as if they were an ECA

Learn more about how to apply for an ECA.

The EASR is an online registry for certain activities that are managed by meeting a standard set of requirements or established outcomes. An EASR registration provides businesses with permission to operate if they follow standard activity requirements. The operating activity requirements for each activity or sector are defined in regulation to ensure the protection of the natural environment and human health.

There are currently 2 EASR activities that regulate sewage discharges:

  1. Ontario Regulation 137/25: Storm Water Management Works under the EPA prescribes certain storm water management works to be registered in the EASR prior to the use, operation, establishment, alteration, extension or replacement of any new or existing storm water management works.

You must register your storm water management works in the EASR when they meet all the following criteria:

  • the works are not owned by a municipality or will not be assumed by a municipality in the future
  • any processing, repair or maintenance of goods and materials at the property where the works are located are conducted indoors
  • the works or any part of the works does not and will not receive any discharge of process water, cooling water, wash water or sanitary sewage

This means repairing or maintaining equipment cannot be performed outside where storm water could pick up and carry contaminants into your works. Or, if the works receive storm water that encounters or is mixed with water from processing activities or cooling water or wash water or sanitary sewage then you do not meet the criteria to register in the EASR and you may need to apply for an ECA.

Municipality is within the meaning of the Municipal Act, 2001, and includes any of the following bodies that is established for the purpose of managing public utilities on behalf of or for a municipality:

  • a public utility commission that is deemed to be a municipal service board
  • a municipal service board established under the Municipal Act
  • a corporation established under the Municipal Act

Learn more about storm water management works that are subject to registration including works that cannot be registered in the EASR in Ontario Regulation 137/25.

  • Ontario Regulation 63/16: Water Taking under the EPA is applicable to sewage works used solely for the collection, transmission, treatment, and disposal of storm water and ground water to dewater work areas within a construction site. It does not require applicable sewage works be registered but does require that they be operated in accordance with prescribed requirements. It should be noted that a construction site does not include a site associated with mines, mine development, mine reclamation, pits or quarries for the purposes of the regulation.
  1. A permit for some sewage systems is required under the Building Code Act:

Sections 1.0 and 2.0 of this self-assessment will help you determine if you need an ECA, to self-register in the EASR or a permit under the Building Code Act, and whether the sewage works are exempt from permission requirements.

Question 1.2: Does your facility collect, transmit, store, treat or dispose of sewage?

In answering this question, you should consider:

  • Are there toilets, sinks, laundry or kitchen facilities at your site?
  • Are there works in place for collecting or transmitting sewage or storm water or drainage?
  • Do commercial or industrial processes at the facility generate sewage?
  • Are there any holding or storage tanks on the property?

(Yes or No)

Sewage includes everything that you flush down your toilet or rinse down the drain; water that has been used by industries, businesses, institutions such as hospitals; and rainwater and runoff (storm water) that go down street gutters or flows into surface water.

If your facility collects, transmits, stores, treats or disposes of sewage, there may be legal requirements you need to be aware of.

Question 1.3: Do you know where your sewage goes?

In answering this question, you should consider:

  • Is your sewage works connected to a municipal sanitary sewage collection system?
  • Is there equipment to store or treat sewage on your property?

(Yes or No)

If you do not know where your sewage goes, it is your responsibility to determine whether you are the owner of infrastructure designed to collect, transmit, store, treat or dispose of sewage and obtain any necessary environmental permissions.

Private and commercial sewage works

If your facility is located within a municipality or organized area, your sewage may be collected and treated in a communal sewage works such as a municipal sewage works. In this case, you likely receive a bill on at least an annual basis to cover the cost of sewage services and the municipality would be responsible for obtaining an ECA and operating the sewage works.

If your facility is located inside a multi-unit building, it is likely that you are serviced by communal sewage works. In this case the municipality (or owner of the building) would be responsible for operating and obtaining any required approvals for the sewage works.

If your sewage works is discharging into a municipal storm water sewer, you could be exempt, or be required to obtain an ECA, or self-register on the EASR.

Industrial sewage works

If you operate an industrial sewage works and do not have an agreement with the municipality to allow you to discharge your sewage into a municipal sanitary sewage collection system, you may require an ECA or have to register in the EASR.

Subsection 53(6) of the OWRA states that an ECA is not required for privately-owned sewage works designed to partially treat sewage that is to drain or be discharged into a sanitary sewer, which need a legal agreement with the owner of the sanitary sewer to satisfy this exemption.

An ECA or registration on the EASR is required for sewage works which discharge into a municipal storm water sewer.

Question 1.4: Is your sewage works excepted or exempted from the requirement to obtain an ECA or register on the Environmental Activity and Sector Registry (EASR)?

In answering this question, you should consider:

  • Does the sewage ultimately drain into a sanitary sewer for treatment offsite?
  • Is the sewage works defined as a drainage works regulated under the Drainage Act?
  • Is the main purpose of the sewage works to drain the land for agricultural activity?
  • Is the sewage works a storm water management works consistent with the Ontario Regulation 525/98: Approvals Exemptions, made under the OWRA?
  • Is the sewage works part of a renewable energy project?

(Yes or No)

Sewage works can be excepted or exempted from the requirement to obtain an ECA through subsections 53(2) and 53(6) of the OWRA, the Ontario Regulation 525/98: Approvals Exemptions, made under the OWRA and Ontario Regulation 359/09: Renewable Energy Approvals Under Part V.0.1 made under the EPA.

OWRA subsection 53(2) and 53(6) exceptions include:

  • a person is engaging in an activity that requires registration on the EASR
  • routine maintenance carried out on any sewage works
  • sewage works from which sewage is not to drain or be discharged directly or indirectly into a ditch, drain or storm sewer or a well, lake, river, pond, spring, stream, reservoir or other water or watercourse
  • privately owned sewage works designed to partially treat sewage that is to drain or be discharged into a sanitary sewer, which would need a legal agreement with the owner of the sanitary sewer to satisfy this exemption
  • sewage system subject to the Building Code Act
  • drainage works under the Drainage Act or a sewage works where the main purpose of the works is to drain land for agricultural activity
  • drainage works under the Funeral, Burial and Cremation Services Act, the Public Transportation and Highway Improvement Act or The Railways Act, being chapter 331 of the Revised Statutes of Ontario, 1950
  • such sewage works as may be exempted by regulation

Ontario Regulation 525/98: Approvals Exemptions made under the OWRA exempts:

  • sewer service connections and appurtenances
  • same size and capacity replacement sewers but does not include combined sewers
  • storm water management works designed to:
    • serve a single lot or parcel of land, excluding industrial land
    • discharge into a storm sewer but not a combined sewer
  • foundation drainage works that collect, transmit, treat and dispose permanent drainage from the foundation of buildings but not if a permit is required and issued under Section 34 of the act for water taking
  • sewage works related to the removal of groundwater and storm water during dewatering of construction sites. But not if a permit is required and issued under Section 34 of the act for water taking, if the activity is required to be registered under the registry, and if an ECA or director’s order is issued to the site under the EPA
  • ultraviolet treatment to control zebra and quagga mussels in water pipes but not if chemicals are used
  • a sewage works that is part of a municipal residential system, as defined under Ontario Regulation 170/03: Drinking Water Systems under the Safe Drinking WaterAct
  • vegetated filter strip systems that manage runoff as part of an agricultural operation but not if they are exempt from Part IX.2 of Ontario Regulation 267/03: General under the Nutrient Management Act
  • greenhouse nutrient feedwater only at an agricultural operation and if it can transmit from one agricultural operation to another
  • drainage works that is owned by Metrolinx or another transit authority where the main purpose of the works is to collect and drain storm water from passenger rail tracks

Ontario Regulation 359/09: Renewable Energy Approvals Under Part V.0.1

  • subsection 47.3(2) of the EPA exempts sewage works associated with renewable energy projects from the OWRA approval requirement
  • applicable renewable energy projects are required to obtain a comprehensive renewable energy approval which covers all required ministry approvals for the undertaking such as sewage, air, waste, noise

Question 1.5: Does your sewage works discharge to surface water or the ground surface?

In answering this question, you should consider:

  • Is the sewage, or treated sewage, discharged through a pipe to surface water or on top of the ground?
  • Is treated sewage applied to land through spray irrigation?
  • Is the sewage treated in a lagoon that does not discharge but allows the liquid to infiltrate the ground surface?

(Yes or No)

You must determine the type of environmental permission that applies to your activity and apply for an ECA or self-register in the EASR before using, operating, establishing, altering, extending or replacing a sewage works which discharge to surface water or the ground surface.

The services of a qualified consulting firm or licensed engineering practitioner (LEP) familiar with sewage works impacts and design are generally required to prepare the documentation necessary to support the ECA application or EASR registration. Obtain these services early in the design and decision-making process so you and your consultant can discuss technical details such as the proposed scope and extent of the supporting information requirements with the ministry during pre-submission consultation, if required.

Question 1.6: Does your sewage works discharge below the ground surface?

In answering this question, you should consider:

  • Is your sewage works located in an area where municipal or communal sewage services are not available?
  • Is a discharge point visible on the property?
  • Do you have a septic system?

If your sewage works discharges below the ground surface, the questions in Section 2.0 will help you identify whether you require an ECA from the ministry or a permit under the Building Code Act.

(Yes or No)

Sewage works that discharge below the ground surface, for example septic systems are regulated by the ministry through the OWRA and EPA or the Building Code Act administered by the Ministry of Municipal Affairs and Housing, depending on their size and characteristics.

The term sewage works is used in the OWRA and the term sewage systems is used in the Building Code Act.

Question 1.7: Do you know how to apply for an ECA from the ministry?

In answering this question, you should consider:

  • Do you know how to apply for an ECA, and what resources are available to assist with completing the application?

(Yes or No)

The minimum requirements for an application are set out in Ontario Regulation 255/11: Applications for Environmental Compliance Approvals made under the EPA. Ontario Regulation 255/11: Applications for Environmental Compliance Approvals sets out information that the ministry needs before it begins to review the application but does not refer to any of the supporting documentation and technical information that may be required for the technical review of the application.

These documents are useful when preparing to apply for an ECA for a sewage works:

Complex proposals or site-specific conditions may prompt the ministry to ask for information over and above the minimum requirements. The director has the authority to request such information that is necessary to review the application. Application costs will vary considerably depending on complexity and must be provided with the application when it is submitted for review.

It does not matter if the operations at your facility already exist or if you are in the planning and development stage of a project; an approval is required in both cases. It is strongly recommended that you consult the ministry before submitting your approval application to confirm supporting information requirements and site-specific considerations.

You must comply with all the conditions listed in any ECA issued to you by the ministry.

Learn more about environmental compliance approvals for more information about ECAs and how to apply for an ECA.

Question 1.8: Does your sewage works require financial assurance?

In answering this question, you should consider:

  • Is there is a sensitive land use near, or adjacent to your sewage works?

(Yes or No)

Financial Assurance is authorized under Part XII of the EPA and allows directors to require regulated parties to provide financial security as a condition of a Director’s Order, ECA or by regulation.

Where applicable, the ECA application must include an estimate of the required amount of financial assurance. See financial assurance for environmental protection for information about applicable facilities, requirements, acceptable forms, for example cash, irrevocable letter of credit, and calculating the necessary amount of financial assurance.

Financial assurance will not normally be required of other provincial ministries, other public bodies or institutions.

The requirement for financial assurance is at the discretion of the ministry. It will generally be required if:

  • the proponent has a poor compliance history
  • the review engineer feels there is a need due to the size of the works
  • the review engineer feels there is a need due to the complexity of the works
  • there is a sensitive land use on, or adjacent, to the site
  • it is recommended by staff in the local District Office of the ministry

Question 1.9: Do you know how to register a prescribed activity on the Environmental Activity and Sector Registry?

In answering this question, you should consider:

  • Does your sewage works meet the criteria to be self-registered in the EASR?
  • Do you know how to self-register in the ESAR, and what resources are available to assist with completing the application?

(Yes or No)

The EASR is an online registry for certain activities that are well managed by meeting a standard set of requirements or established outcomes. An EASR registration is a type of environmental permission that provides businesses with permission to operate if they follow standard activity requirements.

Sewage works used to dewater construction sites are prescribed by Ontario Regulation 63/16: Water Taking and certain storm water management works are prescribed by Ontario Regulation 137/25: Storm Water Management Works. These prescribed activities must be registered in the EASR.

Learn more about the Environmental Activity and Sector Registry.

These documents are useful when preparing to register for an EASR for a sewage works:

Ontario Regulation 137/25: Storm Water Management Works prescribes both existing and proposed storm water management works to be self-registered in the EASR.

You must comply with the relevant regulation for the EASR activity that you are self-registering.

More information can be found on the Environmental Activity and Sector Registry.

Question 1.10: Are you aware of policy, legislation, and agreements that could impact the design or expansion of your sewage works?

In answering this question, you should consider:

  • Is your proposed sewage works consistent with the servicing options identified in municipal planning documents?
  • Is the sewage works located within a vulnerable area identified in a source protection plan?
  • Is the sewage works located in the Lake Simcoe watershed?
  • Is the sewage works located in the Niagara Escarpment Planning Area?
  • Is the sewage works located in the Oak Ridges Moraine Area?
  • Is the sewage works located in the Protected Countryside in the Greenbelt Plan?
  • Is the sewage works located within the Great Lakes watershed?

(Yes or No)

You should be aware of any potential limitations and restrictions, and the impact they may have on your sewage works in terms of both planning and long-term operation.

The Ministry of Municipal Affairs and Housing’s Provincial Planning Statement, 2024 guides planning authorities by helping to define appropriate servicing options, including the type, location and number of facilities permitted within a given area.

Site specific effluent discharge requirements specified in ministryapprovals are determined using:

These procedures and guidelines also provide the basis for direction provided in control documents which the ministry may issue to address non-compliance, or when impairment of human health or the environment is anticipated.

The Clean Water Act, 2016 (CWA), Great Lakes Protection Act , Niagara Escarpment Planning and Development Act, Oak Ridges Moraine Conservation Act, Greenbelt Act and Lake Simcoe Protection Act are geared toward protecting water resources and provide mechanisms for applying stringent requirements and prohibiting certain activities in vulnerable areas.

The CWA gives communities in Ontario the authority to develop source protection plans to protect their municipal sources of drinking water. The ministry’s Source Protection Mapping Tool will help you identify whether your sewage works are located within a source protection area and your local municipality or conservation authority can provide more information about any source protection requirements.

The Great Lakes Protection Act came into effect in November 2015, and provides flexible new tools to help protect and restore the Great Lakes. This includes committing to establishing at least one target to reduce algae levels and creating more opportunities for the public to become involved in protection and restoration.

There are also agreements in place that could impact sewage works around the Great Lakes. These agreements are part of the overall Great Lakes Strategy, and aim to protect and restore habitat, prevent pollution and clean up areas of concern:

The Niagara Escarpment Planning and Development Act is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment. A permit under this act may be required.

The Oak Ridges Moraine Conservation Act is to protect its ecological and hydrological features and functions while maintaining the area’s natural, cultural and agricultural resources.

The Greenbelt Act aims to protect and enhance natural heritage and agricultural lands, while also supporting a range of rural uses. It designates a continuous land base for ecological and human health, connects natural systems, and accommodates rural businesses, tourism, and recreation. The Protected Countryside builds upon existing protected areas like the Niagara Escarpment and Oak Ridges Moraine.

The Lake Simcoe Protection Act protects and restores the ecological health of the Lake Simcoe watershed.

Section 2.0

Do you know who regulates your subsurface sewage disposal works?

The decision tree helps users move through this section. Each question in the decision tree follows in text and includes questions to be considered when providing a response.

Decision Tree: who regulates your subsurface sewage disposal works?

Does your sewage works discharge below the ground surface?

  • No: the sewage works requires approval from MECP
  • Yes: 2.1 Is the design capacity of your sewage works/system greater than 10,000 L/d?
    • Yes: the sewage works requires approval from MECP
    • No: 2.2 Is there more than one subsurface sewage disposal works on the same lot or parcel of land, with a combined design capacity greater than 10,000 L/d?
      • Yes: the sewage works requires approval from MECP
      • No: 2.3 Is your subsurface sewage disposal works/system located on a different lot or parcel of land than the building or buildings it is intended to serve?
        • Yes: the sewage works requires approval from MECP
        • No: If you answered no to questions 2.1, 2.2, and 2.3 you have a subsurface sewage disposal system regulated under the Building Code Act. Permits are required prior to construction of the majority of systems regulated under the Building Code Act and are typically issued by your local municipality or Health Unit.

Please note: Approval is required before using, operating, establishing, altering, extending or replacing applicable sewage works.

Question 2.1: Is the design capacity of your sewage works greater than 10,000 litres per day?

In answering this question, you should consider:

  • What type of facility do you have? Would it be considered residential occupancy or another type of occupancy, for example food service operation, doctor's or dentist's office, church?

(Yes or No)

Onsite sewage disposal works with a design capacity greater than 10,000 litres per day (L/d) require an ECA from the ministry .

Use Tables 8.2.1.3.A, Residential Occupancy and 8.2.1.3.B, Other Occupancies in Ontario Regulation 350/06: Building Code under the Building Code Act to estimate whether the design capacity of your sewage works is less than or equal to 10,000 L/d.

If your onsite sewage disposal works has a design capacity less than or equal to 10,000 L/d, the responses to questions 2.2 and 2.3 need to be considered to determine if approval is required from the ministryor a permit is required under the Building Code Act.

Question 2.2: Is there more than one onsite sewage disposal works on a lot or parcel of land with a combined design capacity greater than 10,000 litres per day?

In answering this question, you should consider:

  • Is the facility serviced by more than one onsite sewage disposal works? If so, what is the total design capacity of all of these works?

(Yes or No)

If there is more than one onsite sewage disposal works on a lot, and they have a combined design capacity greater than 10,000 litres per day (L/d), an ECA is required from the ministry .

If there is more than one onsite sewage disposal works on a lot, and they have a combined design capacity of 10,000 L/d or less, the responses to questions 2.1 and 2.3 need to be considered to determine if approval is required from the ministry or a permit is required under the Building Code Act.

Question 2.3: Is your onsite sewage disposal works located on a different lot or parcel of land than the building or buildings it is intended to serve?

(Yes or No)

Onsite sewage disposal works that are not located on the same lot or parcel of land as the building(s) they are serving require an ECA from the ministry, regardless of design capacity.

If the onsite sewage disposal works are located wholly within the boundaries of the lot or parcel of land the building(s) they serve the responses to Questions 2.1 and 2.2 need to be considered to determine if approval is required from the ministry or a permit is required under the Building Code Act.

If the answer to all the questions in Section 2.0 are no, you have an onsite sewage disposal system regulated under the Building Code Act. Permits are required before construction of the majority of systems regulated under the act and are typically issued by your local municipality or health unit.

Section 3.0

Do you have an existing approval?

Question 3.1: Have you acquired a facility with, or are you thinking about acquiring a facility with, an existing sewage works?

In answering this question, you should consider:

  • Does the facility have a sewage works as defined in Question 1.2?

(Yes or No)

If you are acquiring a facility with an existing sewage works, it is important to make sure that you receive copies of

  • all applicable approvals
  • operation and maintenance records
  • past ministryinspection reports, as applicable
  • copies of any ministry control documents and correspondence

The owner is responsible for ensuring that all sewage works have, and are operated in compliance with, an ECA.  If there is a storm water management works that is registered in the EASR, that registration cannot be transferred, and you are responsible for self-registering the works under your my Ontario account. When you acquire a sewage works, you become responsible for all obligations associated with the sewage works at the time of purchase.

It is your obligation to ensure the appropriate ECA or EASR registration is in place, the sewage works is accurately reflected by the ECA or EASR registration and you are aware of any actions required by the ministry. You should also be familiar with monitoring, operational, and maintenance requirements and ongoing costs associated with using the sewage works.

Question 3.2: Has your facility been expanded, or do you suspect it’s been expanded, beyond what was approved?

In answering this question, you should consider:

  • Are there sewage works at the facility that are not reflected in the current ECA or EASR registration?
  • Are the estimated design flows for the sewage works consistent with the design capacity specified on the approval or EASR – Storm Water Management Report?
  • Have you increased the number of toilets, sinks, laundry facilities?
  • Have you recently provided running water to the facility?
  • Have you put an addition on a building or structure serviced by the sewage works?
  • Has there been a change in an industrial process which has increased water use?

(Yes or No)

Using, operating, establishing, altering, extending or replacing an applicable sewage works without first obtaining the required ECA or EASR registration is a violation of both the EPA and the OWRA.

If the sewage works has (or you suspect it has) been extended or altered without the applicable environmental permission having been obtained, it is the owner’s responsibility to have the sewage works evaluated and to apply for any necessary ECA or self-register in the EASR including amendments.

Question 3.3: Has there been a change in the quality or quantity of sewage?

In answering this question, you should consider:

  • Has the use of the facility changed since the sewage works was approved, for example addition of a garage or laundromat?
  • Has there been a change in industrial processes, or a new process introduced?
  • Has the sewage works started accepting offsite sewage such as leachate?
  • Has the discharge volume increased?
  • Has the rate of discharge increased?

(Yes or No)

Information about sewage quality and quantity is required in support of your ECA application or EASR registration, and is a big consideration in determining whether the proposed sewage works is likely to cause adverse human health or environmental impacts.

Changes in the type of raw sewage, for example addition of oil and grease from a mechanic’s garage, or treated sewage, such as increase in speed or volume of discharge may require different or additional treatment or technology than was initially approved.

If there has been a change in the quality or quantity of sewage since the ECA or EASR registration was granted, the ministry recommends you retain the services of a LEP with relevant experience to discuss the nature of the changes and ensure you are compliant with the appropriate ECA or EASR registration.

Question 3.4: Are you planning to perform work on your sewage works?

In answering this question, you should consider:

  • Are you planning to alter, extend or replace your sewage works?
  • Are you planning to conduct routine maintenance activities?

(Yes or No)

An amendment to your sewage works ECA is required before altering, extending or replacing a sewage works. If you have registered your storm water management works in EASR, you must retain a LEP to update your storm water management works report or prepare an addendum and upload it into the registry before you make any changes.

Learn more about registering your storm water management works in the Environmental Activity and Sector registry.

Question 3.5: Do you have bypasses and overflows from your sewage works?

In answering this question, you should consider:

  • Do you have a collection system as part of your sewage works?
  • Do you occasionally bypass components of your sewage works?
  • Do you have combined sewers in your collection system?
  • Do you have a pollution prevention control plan or other program in place to minimize sewage bypasses and overflows?

(Yes or No)

Some sewage works ECAs or your storm water management report in your EASR registration will specifically address bypasses and overflows, and the associated monitoring and reporting requirements during these events.

Generic direction is also specified in:

Guideline F-5-5 requires each operating authority with a combined sewer system to develop a pollution prevention and control plan to address the impact of combined sewer overflows.

Question 3.6: Does your facility need to be classified, and do you require a certified operator, in accordance with Ontario Regulation 129/04: Licensing of Sewage Works Operators?

(Yes or No)

Facility classification and licensing of sewage works operators is regulated under Ontario Regulation 129/04: Licensing of Sewage Works Operators made under the OWRA. All applicable facilities must be classified in accordance with the regulation and comply with operator certification requirements.

The regulation applies to:

  • a sewage works which requires ministry approval and is owned or operated by the Crown or a municipality
  • a sewage works which requires ministry approval that is not owned or operated by the Crown or a municipality, if any sewage received by the sewage works is,
    • toilet, sink or culinary liquid waste
    • other sewage of a kind normally discharged from a residential subdivision, other than storm water, ground water, surface drainage or land drainage

Unless specified in the sewage works ECA, subsurface sewage disposal works, for example septic systems, and industrial sewage works do not need to be classified or have a certified operator.

The operator certification program including all applicable testing, is administered by the Ontario Water Wastewater Certification Office (OWWCO) on behalf of the ministry.

Learn more about wastewater operators: training and licences.

Question 3.7: Your sewage works ECA or EASR registration, control documents, as applicable, and legislation, policies and guidelines list things you must do. Have you met all of these requirements?

In answering this question, you should consider:

  • Does your ECA or EASR registration specify operation and maintenance requirements?
  • Do you have a storm water management report?
  • Do you have a spill contingency plan?
  • Does your ECA or EASR registration specify monitoring and reporting requirements or effluent limits?
  • Are you meeting the limits and monitoring requirements specified in the ministry’s F-series Guidelines for plants that discharge to surface water?
  • Has a control document been issued for your sewage works?

(Yes or No)

Operation and maintenance requirements, storm water management report, spill contingency plan, monitoring and reporting requirements, and effluent limits can be specified in a number of ways.

This includes:

  • ECA or EASR registration requirements
  • control documents
  • regulations made under the EPA
  • documents such as the ministry’s F-series Guidelines and related procedures

The ministry has the power under both the OWRA and the EPA to initiate abatement and enforcement actions if the specified conditions are not being met.

By not following all the ECA or EASR requirements while operating your sewage works, you may have the potential to cause harm to human health and the environment. The ministry will consider violations on a case-by-case basis, guided by the ministry’s compliance policy.

The ministry’s response may include one or more of the following: voluntary abatement, issuing a control document, or investigating which may lead to a possible prosecution.

If you have not met, or know you will not be able to meet, a legal requirement related to constructing, operating or maintaining your sewage works, you should contact your local ministry office to discuss how you can bring the sewage works into compliance.

Question 3.8: Is hauled sewage or septage generated by the sewage works picked up by carriers and disposed of at sites with the appropriate ECA?

In answering this question, you should consider:

  • Does your sewage works generate hauled sewage, for example a septic system or holding tank?
  • Have you verified that your waste hauler has ECA from the ministryto transport waste?
  • Do you know where the hauled sewage goes when it leaves your facility?

(Yes or No)

Hauled sewage (septage) is defined as a waste in Ontario Regulation 347: General - Waste Management made under the EPA. Section 27 of the act requires a ministry approval for both the transport under a waste management system ECA or EASR registration and disposal under a waste disposal site ECA.

It is your responsibility to ensure all hauled sewage removed from your sewage works is:

  • transported by a carrier with an approved waste management system
  • deposited at an approved waste disposal site or dedicated septage treatment works, for example, composting, alkaline stabilization, dewatering trenches

The ECA number for all carriers and receiving sites should be recorded in your operation and maintenance logs as a best management practice.

Question 3.9: Do you have operation and maintenance programs in place at your sewage works?

In answering this question, you should consider:

  • Do you have an operations and maintenance manual for the sewage works?
  • Are procedures or contingency plans in place to deal with an emergency?
  • Are procedures in place to deal with complaints from the public or external parties?

(Yes or No)

Operation and maintenance programs are an ECA or EASR registration requirement or condition. One of the primary goals of implementing operation and maintenance programs is to ensure that you limit and maintain your sewage works in accordance with the regulations and your ECA or EASR registration.

Operating procedures required by an ECA or EASR registration usually relate to the proper operation of process and pollution control equipment to minimize the potential to negatively impact the natural environment.

Maintenance manuals outline the nature and frequency of the maintenance to be performed. These manuals should be reviewed regularly and include details on when the maintenance was performed; and documentation such as a checklist, detailing who services the equipment, what services were performed and when they were performed.

Additional operating procedures and maintenance programs may be required in your ECA or EASR registration and will likely include procedures and programs recommended by the original equipment manufacturer. Refer to the specific conditions in your ECA or EASR registration to determine the requirements for your sewage works.

Operations and maintenance programs should be considered for all sewage works even if they are not required by the ECA or EASR registration. These programs should include, but not be limited to:

  • operating procedures for routine operation
  • inspection programs, including frequency of inspection and the methods or tests employed to detect when maintenance is necessary
  • repair and maintenance programs, including the frequency of repair and maintenance
  • procedures for inspecting and calibrating monitoring equipment, as applicable
  • a spill prevention control and countermeasures plan, consisting of contingency plans and procedures for dealing with equipment breakdowns, potential spills and any other abnormal situation
  • procedures for receiving, responding to, and recording public complaints, including recording any follow up actions taken

Question 3.10: Have you completed all the required and recommended actions as a result of any previous inspections completed by the ministry?

(Yes or No)

Facilities are identified for inspection using a risk based process, and may be conducted when:

  • non-compliance items were identified during a previous inspection, and there is a need to verify appropriate corrective actions have been undertaken
  • there has not been a previous inspection or there has not been an inspection for a significant period of time
  • spill reports or complaints have been received by the ministry
  • the sewage works ECA or EASR registration is outdated and may no longer accurately reflects site characteristics

All inspections findings and required actions will be communicated to the owner in the form of an inspection report.

If your sewage works has been inspected but you do not have the inspection report, you can contact your local ministry district office to obtain a copy.

The ministry will identify required actions in your inspection report that can be based on several issues, such as legislative non-compliance or environmental impact. These required actions normally have a completion date by which you must report and verify to the ministry that the identified required work or actions have been completed for your sewage works. Failure to comply with the required actions resulting from an inspection may cause environmental impacts and could result in further abatement action or charges being laid.

Recommended actions can be based on several issues that are not directly related to a legislated requirement; however, these environmental issues are normally preventive in nature. Recommended actions may include, for example, implementing a spill response plan.

Question 3.11: Are you aware of additional legislation that may impact your sewage works?

(Yes or No)

There are numerous regulatory and policy instruments that apply to sewage works in addition to those that have already been discussed:

Question 3.12: Do you and your staff (as applicable), know that the ministry has a Spills Action Centre that operates 24 hours a day, seven days a week, and can be contacted by phone at 1-800-268-6060?

In answering this question, you should consider:

  • Is the number for the Spills Action Centre prominently displayed at your sewage works ?
  • Are there written procedures in place defining what a spill is and outlining the appropriate response to spill events?

(Yes or No)

The ministry’s Spills Action Centre operates 24 hours a day, seven days a week and can be contacted by phone at 1-800-268-6060 .

When pollutants are spilled into the natural environment, the ministry’s primary role is to ensure that whoever is responsible for the spill mitigates the adverse effect and restores the natural environment in accordance with the applicable environmental legislation and ministry guidelines. Spills are required to be reported immediately or as soon as practicable to the ministry.

The Spills Action Centre receives documents and coordinates responses to province-wide reports of spills and other environmental matters.

“Spills” are defined in Part X of the EPA as the discharge of pollutants into the natural environment originating from a structure, vehicle or other container, and that are abnormal in quality or quantity in light of all the circumstances of the discharge.

Part X of the EPA requires spills to be reported forthwith by the person having control of the pollutant that is spilled and any person who causes or permits a spill of a pollutant. Part X also requires the owner of the pollutant spilled, and the person who had control of the pollutant spilled to promptly clean up and restore the environment if the spill causes or is likely to cause an adverse effect. There may be other additional measures that have to be taken following a spill, such as correcting the conditions that resulted in a spill and ensuring that preventative measures are implemented. If you believe you may have a spill or another type of environmental emergency, call the Spills Action Centre. Failure to report the spill of a pollutant to the ministry is an offence. It is the responsibility of the owner and controller of the pollutant to clean up a spill. When those under statutory duties cannot or will not respond adequately, the ministry has the authority under the EPA to order those responsible for the spill to clean up the site. Should they fail to comply with such orders the ministry can undertake the cleanup and recover costs from the polluter.

Ontario Regulation 675/98: Classification and Exemption of Spills and Reporting of Discharges made under the EPA, classifies eleven types of spills, circumstances, industry type or activities that are exempt from all or part of Part X of the EPA duties and responsibilities under specified conditions.

Ontario Regulation 675/98: Classification and Exemption of Spills and Reporting of Discharges also encourages those who manage substances that may spill, to evaluate potential risks within their operations and to develop appropriate spill prevention and contingency plans. A Class X Spill under Ontario Regulation 675/98: Classification and Exemption of Spills and Reporting of Discharges is one addressed in a spill contingency plan that meets certain standards for relatively small and manageable spills.

Under section 91.1 of the EPA, a regulated person shall develop and implement plans to prevent or reduce risk of spills of pollutants, and to prevent, eliminate or ameliorate any adverse effects that result or may result from spills of pollutants. The plan must include:

  • steps to notify the ministry, other public authorities and members of the public who may be affected by the spill
  • measures to ensure that appropriate equipment, material and personnel are available to respond to a spill

A spill prevention and contingency plan may provide you with a reporting exemption for spills, under Class X of Ontario Regulation 675/98: Classification and Exemption of Spills and Reporting of Discharges and can be used to minimize the impacts and risks of spills. Under Ontario Regulation 224/07: Spill Prevention and Contingency Plans made under the EPA, the ministry has developed a guideline to assist you with developing and implementing a spill prevention and contingency plan for your facility.

You must fully understand the application of Ontario Regulation 675/98: Classification and Exemption of Spills and Reporting of Discharges prior to evaluating whether a spill is reportable to the ministry or any other regulatory agency. If you have any questions about spills, refer to the information in this self-assessment or contact either the Spills Action Centre or your local ministry district office.

Question 3.13: Are you implementing any beyond compliance measures at your sewage works?

(Yes or No)

A beyond compliance measure or best management practice is a plant-based pollution prevention or reduction project that aims to benefit human health or the environment beyond the requirements of the law. Beyond compliance measures may include water conservation to reduce the amount of effluent received by the sewage works, recovery and reuse of process effluents, use of low phosphate or phosphate free soaps, etc.

Beyond compliance measures are proactively put in place to improve operations and minimize the potential for adverse human health and environmental impacts.

Examples of best management practices are available from various resources such as the:

Well done. You have now completed your first sewage program self-assessment.

Your responses may also trigger the need to contact your local ministry office to discuss ECA or EASR registration or operator certification requirements. You can use this form on a regular basis, such as bi-annually, to assist you with reviewing the environmental impact of your operations. Please feel free to elaborate on your answers and keep this information as part of your self-assessment. Using your responses as a benchmark, you can now work towards environmental improvement.

Thank you for participating in this sewage program self-assessment project, and for doing your part to promote and encourage protection of human health and the environment.

Glossary

Abatement
An action that is taken by a facility to achieve compliance that includes education, outreach, warnings and issuance of control documents.
Adverse effect
Impairment of the quality of the natural environment for any use that can be made of it; injury or damage to property or to plant or animal life; harm or material discomfort to any person; an adverse effect on the health of any person; impairment of the safety of any person; rendering any property or plant or animal life unfit for human use; loss of enjoyment of normal use of property; or, interference with the normal conduct of business.
Bypass
Flows that are diverted from a part of the sewage treatment process but are discharged to the environment through the final effluent outfall of the sewage treatment plant.
Combined sewer system
A collection system designed to convey both sanitary and storm water runoff through a single pipe to a sewage treatment works.
Compliance
A state achieved when a person who is bound by a provision of an act, regulation, control document or authorizing document acts in accordance with applicable provisions of ministry legislation, regulations and any control or authorizing documents.
Control document (orders, direction, or notice)
An authority under ministry legislation to require a person to deal with a violation or other types of incidents. Ministry legislation authorizes Provincial Officers, directors, the minister or a court to issue control documents, and they include orders, directions, reports and notices. A control document imposes legal obligations on the person as opposed to allowing the person to deal with the incident voluntarily.
Director
A person appointed as a director in writing by the minister under section 5 of the Environmental Protection Act or the Ontario Water Resources Act, or other relevant legislation.
Effluent
Waste or wastewater that flows out from a treatment plant or individual treatment process.
Enforcement
Prosecuting alleged violators for the purpose of punishing wrongdoing and deterring further non-compliance. Prosecutions are commenced and conducted under the Provincial Offences Act (POA) and include issuing a Certificate of Offence (ticket) or summons under Part I of the POA, as well as the laying of charges under Part III of the PO.
Environmental Activity and Sector Registry (EASR)
The Environmental Activity and Sector Registry (EASR) is an online self-registration system. It replaced the approvals process for specific activities and sectors prescribed in regulations that are considered routine, standard, or well-understood. A person engaging in these activities registers the activity on the EASR.
Environmental Compliance Approval (ECA)
The name of the approval that is issued in respect of section 9 and 27 activities under the Environmental Protection Act and section 53 activities under the Ontario Water Resources Act as of October 31, 2011. An ECA replaces a Certificate of Approval (CofA); as such, a CofA will automatically be treated as an ECA as of October 31, 2011. It is not required to be replaced. ECAs are also referred to as approvals, or ministry approvals throughout this document.
Financial assurance
The provision of financial security by a regulated party. It can be required to ensure compliance with environmental objectives; ensure that requirements are achieved by a specified deadline; or ensure that funds are available for future clean-up and remediation of landfills and other contaminated sites which require long-term care and monitoring.
Hauled sewage (septage)
Contents removed from septic tanks, portable toilets, privy vaults and holding tanks serving houses, schools, motels, mobile home parks, campgrounds and small commercial endeavors, all receiving sewage from domestic sources. Septage is raw and untreated.
Ministry
Ministry of the Environment, Conservation and Parks, ministry or MECP, unless otherwise stated.
Non-compliance
Failure to meet a provision of an act, regulation, control document or authorizing document.
Onsite sewage disposal systems
Sewage systems, such as septic systems or holding tanks, which do not discharge or discharge below the ground surface and are regulated under the Building Code Act.
Onsite sewage disposal works
Sewage works, such as septic systems or holding tanks, which discharge below the ground surface or do not discharge and are regulated by the ministry.
Overflows
A combined sewer overflow is a discharge to the environment from a combined sewer system. A sanitary sewer overflow is a discharge to the environment from a sanitary sewer system. A sewage treatment plant overflow is a discharge to the environment from a sewage treatment works at a location other than the final effluent outfall or downstream of the sampling point in the final effluent outfall.
Owner of a pollutant
The owner of the pollutant immediately before the first discharge of the pollutant, whether into the natural environment or not, in a quantity or with a quality abnormal at the location where the discharge occurs.
Person having control of a pollutant
The person and the person’s employee or agent, if any, having the charge, management or control of a pollutant immediately before the first discharge of the pollutant, whether into the natural environment or not, in a quantity or with a quality abnormal at the location where the discharge occurs.
Pollutant
A contaminant other than heat, sound, vibration or radiation.
Pollution Prevention Control Plan (PPCP)
A plan outlining the nature, cause, and extent of pollution problems associated with combined sewer overflows. The PPCP examines alternatives, proposes remedial measures, and provides recommendations for implementation.
Provincial Officer
Any person designated as such under section 5 of the Environmental Protection Act or the Ontario Water Resources Act, or other relevant legislation. A Provincial Officer is a peace officer for the purpose of enforcing the legislation they are designated under.
Pre-application consultation
A dialogue between the proponent, the ministry, and possibly the public, prior to the submission of an application for approval. Pre-application consultation is meant to assist proponents in defining the environmental objectives for the project. Examples of these objectives are: effluent requirements, determining the requirements regarding characterization of the source of raw water, establishing general acceptability of the proposed technology, identifying any special approval related requirements, and determining the need for public consultation or notification.
Regulated person
Persons who are or were members of the class of persons described in subsection 3 (1) of the Environmental Penalties Regulation (Ontario Regulation 222/07) made under the Environmental Protection Act.
Responsibility agreement
Legal agreements between a municipal authority and developer which stipulate the conditions under which communal sewage services will be constructed, operated and maintained, as well as, the action to be undertaken in the event of owner default. Responsibility agreements require up-front secured funds for any remedial measures that may be necessary in the event of default.
Sanitary sewage
Includes domestic, commercial and industrial sewage.
Sewage
Sewage is defined to include drainage, storm water, commercial wastes and industrial wastes and such other matter or substance as is specified by the regulations in the Ontario Water Resources Act.
Sewage system
Defined in the Ontario Building Code (Regulation 350 under the Building Code Act) as:
  • a chemical toilet, an incinerating toilet, a recirculating toilet, a self-contained portable toilet and all forms of privy including a portable privy, an earth pit privy, a pail privy, a privy vault and a composting toilet system
  • a greywater system
  • a cesspool
  • a leaching bed system
  • 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, where these:
    • have a design capacity of 10,000 litres per day or less,
    • have, in total, a design capacity of 10,000 litres per day or less, where more than one of these are located on a lot or parcel of land, and
    • are located wholly within the boundaries of the lot or parcel of land on which is located the building or buildings they serve.
Sewage works
Any works for the collection, transmission, treatment and disposal of sewage or any part of such works but does not include plumbing to which the Building Code Act, 1992 applies.
Spill
When used with reference to a pollutant, means a discharge into the natural environment from or out of a structure, vehicle or other container; and, that is abnormal in quality or quantity in light of all the circumstances of the discharge, and when used as a verb has a corresponding meaning.
Storm water
Rain, melted snow or any other form of precipitation that has come into contact with the ground or any other surface. This water seeps into the ground, is absorbed by vegetation, evaporates or runs off the land into storm sewers, streams and lakes.

Resources