1. C I T T C R N R
he Limited
Operational
Flexibility (LOF)
is a new set
of conditions
added in the
Environmental
Compliance
Approvals
(ECA) for sewage works, issued by
the Ministry of the Environment (the
Ministry). These new conditions allow
the holder of the approval to implement
a number of pre-approved sewage
works, without the need to submit an
application to amend the ECA. This is
part of the innovation agenda and the
Open for Business Act and it shows the
Ministry’s commitment in modernizing
the approval regulatory framework and
moving towards global best practices.
With LOF, the Ministry is
simplifying the approvals process
for modifications to sewage works
that are low-risk, routine in nature
and with known predictable effects.
The pre-approved modifications are
pre-screened sewage works, assessed
by the Environmental Approvals
Branch (EAB) and relate to generic
activities, commonly needed in sewage
treatment plants.
Traditional approvals require the
holder of the approval to complete
timely and costly amendments to the
existing approval prior to making
even minor changes of equipment at
a sewage treatment plant. The new
approval provides a cost-effective
process and reduces the delays
associated with obtaining an amended
approval from the Ministry. This
new LOF approach is built on lessons
learned from the initial Comprehensive
Certificate of Approval (CCA),
issued in the past, such as the CCA
for Harmony Creek WPCP issued
in December 2010 (first CCA for a
municipal system in Ontario).
Under the new ECAs, with LOF, the
holder of the approval needs to comply
IT RATI NA IBI IT
RNIZING TH N NTA
P IANC PPR S
By Edgar Tovilla, P.Eng., Ministry of the Environment
with a notification protocol by filing a
Notice form, similar to the form used
for drinking water modifications, and
submit it to the Ministry’s local office.
This notification is required at least 30
days prior to implementing the LOF
modifications. For municipal systems,
no additional action is required,
other than this notification protocol.
For industrial treatment systems, in
addition to the thirty days notice, the
approval holder cannot proceed with
implementation of LOF works until the
Ministry’s local office has acknowl-
edged receipt of the notice in writing
or after receiving a written acceptance
from the Ministry’s local office.
The LOF pre-approved
modifications to sewage works do not
allow for changes that would alter the
treatment process design, however,
like-to-like equipment or equivalent
equipment is pre-approved. LOF
modifications of sewage works that are
exempt from section 53 of the Ontario
Water Resources Act (OWRA) by O.
Reg. 525/98 continue to be exempt
and are not required to follow the
notification process under Limited
Operational Flexibility. Limitations of
LOF correspond to:
(a) modifications to the works that
result in an increase of the rated
capacity of the sewage works;
(b) modifications to the works that
adversely affect the approved
effluent quality criteria or the
location of the discharge/outfall;
(c) modifications to the works
approved under section 9 of the
Environmental Protection Act; and
(d) modifications to the works
pursuant to an order issued by the
Ministry.
ECAs with LOF conditions are meant
primarily for sewage treatment plants
and pumping stations, but there are
sector-based LOF conditions that are
tailored to meet the needs of specific
industries. The pre-approved sewage
works included under LOF cover
specific sewage works, grouped under
the following categories:
(a) pumping stations,
(b) inlet works,
(c) sewage treatment train,
(d) sewage treatment outfall, and
(e) pilot systems.
The specific works under these
categories are updated bi-annually.
Since 2013, the Ministry’s
Environmental Approvals Branch
(EAB) is pro-actively introducing LOF
conditions to all applications received
for amending an existing ECA. After
consultation with the Ministry’s
local office for compliance or
abatement issues (a simple eligibility
criteria), ECAs are drafted with LOF
conditions. To obtain an approval
with LOF conditions, the approval
holder needs to submit an application
to amend the existing approval with
the request to include LOF. No
additional information is required and
there are no additional fees (so far).
As of January 2014, the Ministry
has issued 50 ECAs for both municipal
and industrial systems with Limited
Operational Flexibility conditions.
EAB anticipates having more than 200
ECAs with LOF conditions by the end
of 2014 and covering almost all 474
existing municipal sewage treatment
plants in Ontario by 2016.
Other initiatives being explored
by the Ministry include a system-wide
approval approach for municipal
systems, i.e. one ECA covering the
treatment plant and its associated
collection system. The Ministry is
collaboratively working with the
Regional Municipality of Halton
and the City of Greater Sudbury
in a system-wide approval pilot
program. For more information about
this pilot program, be sure to take
in the presentation by the Ministry,
Halton Region and Sudbury at the
next WEAO Conference in London,
Government Affairs Session on
Tuesday, April 8, 2014.
42 Spring 2014INFLUENTS