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"Point in Time" Regulation Content

Public Health Act

Sewerage System Regulation

B.C. Reg. 326/2004

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 June 28, 2010
Section 2.1 June 28, 2010
Section 3 June 28, 2010
Section 3.1 June 28, 2010
Section 4 June 28, 2010
Section 6 June 28, 2010
Section 7 September 24, 2009
Section 8 June 28, 2010
Section 9 June 28, 2010
Section 11 June 28, 2010
Section 12 June 28, 2010

 Section 1 definitions of "authorized person", "construct" para (c), "maintenance", "registration certificate" BEFORE amended by BC Reg 209/2010 effective June 28, 2010.

"authorized person" means a registered practitioner or a professional;

(c) in the case of a professional, to supervise the doing of any matter listed in paragraphs (a) and (b);

"maintenance", in the case of a professional, includes to supervise the maintenance of a sewerage system;

"registration certificate" means a registration certificate issued by the Applied Science Technologists and Technicians of British Columbia that certifies that the holder is competent to construct and maintain a sewerage system that uses a treatment method classified as Type 1 or Type 2;

 Section 1 definitions of "health authority, "health hazard", "inspector" and "registered practitioner" BEFORE repealed by BC Reg 209/2010 effective June 28, 2010.

"health authority" means the regional health board established under the Health Authorities Act that has jurisdiction over the geographic area in which a sewerage system is located;

"health hazard" includes

(a) the discharge of domestic sewage or effluent into

(i)  a source of drinking water, as defined by the Drinking Water Protection Act,

(ii)  surface water,

(iii)  tidal waters, or

(iv)  a sewerage system that, in the opinion of an inspector, is not capable of containing or treating domestic sewage, and

(b) the discharge of domestic sewage or effluent onto land;

"inspector" means a medical health officer or a public health inspector;

"registered practitioner" means a person who is qualified to act as a registered practitioner under section 7 (1) or (2);

 Section 1 definition of "registered onsite wastewater practitioner" added by BC Reg 209/2010 effective June 28, 2010.

 Section 2.1 was enacted by BC Reg 209/2010 effective June 28, 2010.

 Section 3 (1) (b) and (2) BEFORE amended by BC Reg 209/2010 effective June 28, 2010.

(b) does not cause, or contribute to, a health hazard.

(2)  Despite subsection (1), a person may discharge domestic sewage or effluent into waters as described in paragraph (a) (i), (ii) and (iii) of the definition of a "health hazard" if authorized under another enactment.

 Section 3.1 was enacted by BC Reg 209/2010 effective June 28, 2010.

 Section 4 BEFORE amended by BC Reg 209/2010 effective June 28, 2010.

 Permit for holding tank

4  (1)  A person must not construct a holding tank unless the person holds a permit issued under this section.

(2)  A person may apply for a permit to construct a holding tank by submitting to an inspector, in a form acceptable to the inspector,

(a) information respecting

(i)  the person's name, address and telephone number,

(ii)  the type of structure the holding tank will serve, and

(iii)  any other information relevant to the holding tank or structure that the inspector requires,

(b) a description of the holding tank, or of alterations or repairs to the holding tank,

(c) the proposed maintenance plan for the holding tank, and

(d) a permit fee of $400.

(3)  On receiving an application under subsection (2), an inspector may

(a) make an inspection to determine whether to issue a permit under paragraph (b), and

(b) issue a permit to construct a holding tank only if satisfied that

(i)  a holding tank is adequate to deal with the domestic sewage originating from the structure, and

(ii)  the use of the holding tank will not, if the maintenance plan is followed, cause, or contribute to, a health hazard.

(4)  An inspector may attach any conditions to a permit that are necessary for the inspector to be satisfied of the matters listed under subsection (3).

(5)  If an inspector attaches conditions to a permit, the person who constructs the holding tank must comply with those conditions.

 Section 6 (1) BEFORE amended by BC Reg 209/2010 effective June 28, 2010.

(1)  Unless qualified as an authorized person, a person must not construct or maintain a sewerage system that uses a treatment method classified as Type 1 or Type 2.

 Section 7 (1) (a) BEFORE amended by BC Reg 231/2009 effective September 24, 2009.

(a) has successfully completed a post-secondary training program through

(i)  the West Coast Onsite Wastewater Training Centre, administered by the British Columbia Onsite Sewage Association, or

(ii)  through an institution that

(A)  is designated, registered or accredited under an enactment of Canada or any province, except British Columbia, to offer post secondary education, and

(B)  includes, as part of its curriculum, training in soil analysis and sewerage system construction and maintenance, and

 Section 7(2)(a) BEFORE amended by BC Reg 231/2009 effective September 24, 2009.

(a) demonstrates to the British Columbia Onsite Sewage Association that the person is competent to construct and maintain a sewerage system that uses a treatment method classified as Type 1 or Type 2, and

 Section 8 (1) (b) and (2) (d) BEFORE amended by BC Reg 209/2010 effective June 28, 2010.

(b) the construction of the sewerage system is in response to an order made under section 11 (1) (b) (ii), (iii) or (iv) [inspections and orders].

(d) if construction of the sewerage system is in response to an order made under section 11 (1) (b) (ii), (iii) or (iv), a copy of the order.

 Section 9 (1) (b) (v) BEFORE amended by BC Reg 209/2010 effective June 28, 2010.

(v)  if operated and maintained as set out in the maintenance plan, the sewerage system will not cause or contribute to a health hazard, and

 Section 11 BEFORE re-enacted by BC Reg 209/2010 effective June 28, 2010.

 Inspections and orders

11  For the purpose of determining whether a holding tank or sewerage system is the cause of, or may be contributing to, a health hazard, an inspector may

(a) inspect, in accordance with Division 1 of Part 4 [Inspections] of the Act,

(i)  the parcel on which the holding tank or sewerage system is located, and

(ii)  any parcels that may be affected by the health hazard, and

(b) order an owner, in accordance with Divisions 4 [Orders Respecting Health Hazards and Contraventions] and 5 [Making and Reviewing Orders] of Part 4 of the Act, to do one or more of the following:

(i)  connect a structure to a public sewer;

(ii)  connect a structure to, in the inspector's discretion, a holding tank or sewerage system;

(iii)  alter or repair a holding tank or sewerage system;

(iv)  take any other action necessary to remedy the health hazard.

 Section 12 (part), (a) (iii), (c), (d) (iii) BEFORE amended by BC Reg 209/2010 effective June 28, 2010.

A person commits an offence if the person

(iii)  during an inspection under section 11 (a) [inspections and orders],

(c) constructs a holding tank or sewerage system, or fails to repair or maintain a holding tank or sewerage system, in a manner that causes or contributes to a health hazard,

(iii)  an order under section 11 (b), or

 Section 12 (f) was added by BC Reg 209/2010 effective June 28, 2010.