Onsite Wastewater Management Systems Regulation

Onsite Wastewater Management Systems Regulation, M.R. 83/2003 The Environment Act , C.C.S.M. c. E125 Regulation 83/2003 Registered April 28, 2003 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions 1.01 Transfer of land on death of a spouse 1.1 Red River Corridor Designated Area established APPLICATION AND GENERAL PROVISIONS 2 Application 3 Exempt systems 4 Discharge of sewage, greywater or wastewater effluent 5 Drainage from a building 6 Prohibitions 6.1 Restrictions on disposal fields — Red River Corridor Designated Area 6.2 Restrictions on disposal fields — provincial parks, Crown land cottage subdivisions, sensitive areas 7 Sensitive areas REGISTRATION 8 Registration required before construction, etc. REQUIREMENTS TO CONNECT TO WASTEWATER COLLECTION SYSTEMS 8.1 Requirement to connect to new wastewater collection system 8.2 Requirement to connect to existing wastewater collection system 8.2.1 Exempted transfers and subdivisions 8.3 Determining whether area serviced by a wastewater collection system INSTALLERS AND INSTALLATION 9 Installers must be certified 10 Prohibition on covering installation 11 Compliance 12 Holding tanks 13 Discharging contents of holding tank 14 Sewage ejector systems 14.1 Prohibitions on new, expanded or modified sewage ejector systems 14.2 Phase-out of existing sewage ejector systems 14.3 Non-application of section 14.2 14.4 Assumption of responsibility for taking out of service and decommissioning 14.5 Decommissioning sewage ejector system after transfer of land 14.6 Extended period to decommission after subdivision in certain cases 15 Greywater management 16 Outside toilet facilities 17 Pit privies 18 Vault and pail privies 19 Vault construction 20 Containers for pail privies SEWAGE HAULERS AND SEWAGE DISPOSAL 21 Sewage haulers must be registered 22 Holding tanks on vehicles 23 Septage disposal DECOMMISSIONING OUT-OF-SERVICE SYSTEMS 23.1 Decommissioning out-of-service systems COMPLIANCE AND VARIANCE 24 Prevention of contamination of air, water or soil 25 Minister may allow variations REPEAL AND COMING INTO FORCE PROVISIONS 26 Repeal 27 Coming into force Schedule A Standards for septic tanks, aerobic treatment units and disposal fields servicing dwellings and other buildings B Repealed C Standards for the disposal of septage from an onsite wastewater management system D Standards for conducting percolation tests E Standards for sewage ejectors F Certification of installers G Registration of sewage haulers H Sensitive areas I Decommissioning out-of-service systems DEFINITIONS Definitions 1 In this regulation, "Act" means The Environment Act ; («  Loi  ») "aeration chamber" means the compartment of an aerobic treatment unit in which wastewater is brought mechanically into contact with air to cause mixing and biological treatment; (« compartiment d'aération ») "aerobic treatment unit" means a watertight receptacle in which wastewater is brought into contact with air to cause aerobic digestion of the sewage; (« unité de traitement aérobie ») "approved" means approved by the director in writing; (« approuvé ») "building" means any structure used or intended for supporting or sheltering any use or occupancy; (« bâtiment ») "common-law partner" means a common-law partner within the meaning of The Family Property Act ; (« conjoint de fait ») "common or public sewer" means a sewage conduit to which owners of abutting properties have rights of use; (« égout public ») "composting toilet system" means a self-contained system which employs the process of biological degradation, in which organic material is converted into a compost-like substance through the action of micro-organisms; (« cabinet à compost ») "control chamber" means the discharge compartment of an onsite wastewater management system; (« collecteur-liquéfacteur ») "disposal area" means an area used for the disposal or dispersal of wastewater effluent; (« aire d'évacuation ») "disposal field" means (a) a system of pipes laid in a shallow excavation or trenches filled with graded stone and covered with top soil for the treatment and disposal of wastewater effluent, and (b) a system of wastewater effluent chambers laid in a shallow excavation or trenches and covered with top soil for the treatment and disposal of wastewater effluent; (« champ d'évacuation ») "dwelling" means a building or structure, including a mobile home, all or part of which is used or intended to be used for human habitation; (« habitation ») "graded stone" means durable, insoluble, decay-resistant and washed rock or stone ranging in diameter from 1 cm to 7.6 cm (0.4 inch to 3 inches); (« pierre filtrante ») "greywater" means liquid waste from a dwelling or other building produced by bathing, laundering, or food preparation activities or from drainage associated with these sources and specifically excluding sewage and septage; (« eaux usées domestiques ») "greywater pit" means an excavation filled with graded stone and covered with top soil for the disposal of greywater; (« fosse à eaux usées domestiques ») "habitable" means intended for human occupancy; (« habitable ») "holding tank" means a watertight receptacle designed to retain sewage, wastewater, greywater or wastewater effluent; (« réservoir de rétention ») "impermeable soil" means a soil having a percolation rate slower than 47.2 minutes per cm (120 minutes per inch); (« sol imperméable ») "installer" means a person who is responsible for the installation, repair or modification of an onsite wastewater management system; (« installateur ») "low water use closet" means a toilet that uses less than 5 L (1 gallon) of water for each flush; (« toilettes à faible débit ») "onsite wastewater management system" means all or part of a treatment system, holding system or management system for sewage, wastewater, greywater, wastewater effluent or septage, including, but not limited to, (i) an aerobic treatment unit, (ii) a composting toilet system, (iii) a disposal field, (iv) a greywater pit, (v) a holding tank, (vi) a septic tank, and (vii) a sewage ejector; (« système de gestion autonome d'eaux résiduaires ») "organic soil" means soil developed mainly from organic deposits and consisting of at least 17% organic carbon (30% organic matter) to a depth of 40 cm (16 in) if formed from mesic and humic peat, or 60 cm (24 in) if formed from fibric peat; (« sol organique ») "pail privy" means an outdoor toilet facility in which the sewage receptacle consists of a removable container; (« latrines à fosse mobile ») "percolation test" means a method of measuring the rate at which liquids pass through the soil, generally determined by digging holes and measuring the rate at which water in these holes is absorbed by the soil; (« essai de perméabilité ») "pit privy" means an outdoor toilet facility in which the sewage receptacle consists of an excavation in the ground; (« latrines ») "provincial park" means a provincial park as defined in The Provincial Parks Act ; (« parc provincial ») "secondary treatment system" means a wastewater treatment system (a) that subjects wastewater to aerobic treatment in a manner acceptable to the director, (b) that uses biofiltration, conforms to the requirements of NSF Standard 40 for Individual Aerobic Wastewater Treatment Plants published by the National Sanitation Foundation and bears a valid stamp or mark indicating certification in accordance with that standard, or (c) that uses another environmentally sound treatment method that is similar to or better than aerobic treatment and is acceptable to the director; (« système de traitement complémentaire ») "sedimentation chamber" means the settling compartment or compartments of an onsite wastewater management system; (« compartiment de sédimentation ») "sensitive area" means any of the areas of Manitoba set out in Schedule H; (« zone vulnérable ») "septage" means solid material or liquid removed during periodic maintenance of a septic tank or an aerobic treatment unit; (« boues ») "septic tank" means a watertight receptacle for the primary treatment of wastewater and the digestion of sludge; (« fosse septique ») "sewage" means human fecal or urinary waste and other human body and toilet waste and may include the water where an onsite wastewater management system uses water to carry the waste; (« eaux usées ») "sewage ejector" means a stationary system of piping permanently fixed in the ground and designed to deposit wastewater effluent on the ground surface in such a manner that the effluent can seep into the ground or evaporate; (« éjecteur d'eaux usées ») "sewage hauler" means any person engaged in removing or transporting solid material or liquid or both from an onsite wastewater management system or privy; (« transporteur d'eaux usées ») "soil class" means a class of soil classified using the approach described under the heading "Soil Capability Classification for Agriculture" in The Canada Land Inventory Report No. 2 , published in 1972 by the Government of Canada, Department of the Environment; (« classe de sol ») "subdivision" means the registration of a plan of subdivision in a land titles office or registry office; (« lotissement ») "total area field" means an aboveground filter, modified sand filter, seepage bed and absorption bed; (« champ à surface totale d'évacuation ») "transfer" includes a direction in a Real Property Application, deed, transmission, request or other instrument, whereby any land is granted, assigned, conveyed, or otherwise transferred, but does not include a mortgage or caveat; (« transfert ») "vault" , in relation to a vault privy, means a watertight receptacle designed to retain sewage; (« fosse de retenue ») "vault privy" means an outdoor toilet facility in which the sewage receptacle consists of a vault; (« latrines à fosse de retenue ») "wastewater" means either greywater or sewage or both; (« eaux résiduaires ») "wastewater collection system" means a sewer system used for the collection and conveyance of wastewater; (« réseau collecteur d'eaux résiduaires ») "wastewater effluent" means wastewater after it has undergone at least one form of physical, chemical or biological treatment; (« effluent d'eaux résiduaires ») "wastewater effluent chamber" means a device designed to be placed in an excavation or trench in the ground to permit greywater and wastewater effluent to be absorbed into the surrounding soil; (« réservoir d'effluents d'eaux résiduaires ») "water course" means a natural or man-made channel or basin which holds water or through which water flows, including a river, stream, creek, run, rivulet, ditch, lake, pond, slough, reservoir or an intermittent water course; (« cours d'eau ») "working capacity" means the liquid design volume of any chamber of an onsite wastewater management system. (« capacité de traitement ») M.R. 156/2009 ; 60/2010 Transfer of land on death of a spouse 1.01 In this regulation, a transfer of land does not include a transfer resulting from the death of the transferee's spouse or common-law partner. M.R. 60/2010 Red River Corridor Designated Area established 1.1 The Red River Corridor Designated Area is hereby established for the purpose of this regulation, consisting of the land described in Plan No. 8303-2009, filed at the head office of Environmental Services of the department in Winnipeg. M.R. 156/2009 ; 115/2025 APPLICATION AND GENERAL PROVISIONS Application 2 Subject to section 3, this regulation applies to onsite wastewater management systems with a combined sewage or greywater flow of less than 10,000 L (2,200 gallons) per day and to privies. Exempt systems 3(1) The following wastewater management systems are exempt from having to be registered with the department: (a) patent closets; (b) chemical closets; (c) composting toilet systems; (d) privies; (e) other systems as approved by the director. 3(2) [Repealed] M.R. 156/2009 M.R. 156/2009 Discharge of sewage, greywater or wastewater effluent 4(1) No person shall discharge sewage, greywater or wastewater effluent into or onto the surface of the ground except in compliance with this regulation. 4(2) Unless otherwise approved, no person shall discharge sewage, greywater or wastewater effluent into a watercourse. 4(3) No person shall permit sewage, greywater or wastewater effluent to discharge from an onsite wastewater management system or privy other than in the manner for which the system or privy is designed for discharging sewage, greywater or wastewater effluent. Drainage from a building 5 No person shall drain or pump sewage, greywater or wastewater effluent or permit the draining or pumping of sewage, greywater or wastewater effluent from any building except into an onsite wastewater management system or a common or public sewer. Prohibitions 6(1) No person shall construct, install, site, locate, replace, expand or modify an onsite wastewater management system, pit privy, pail privy or vault privy in whole or in part, except in compliance with this regulation. 6(2) No person shall construct, install, site, locate, replace, expand, modify, use or permit the use of an onsite wastewater management system unless the system is located entirely on land (a) that is part of the same title under The Real Property Act ; or (b) that is part of the same deed under The Registry Act ; as the land on which the building or dwelling the system serves is located. 6(3) No person shall construct, install, site or locate a disposal field unless the parcel of land on which the disposal field is to be situated (a) is at least 0.8 ha (2 acres) in area; and (b) has a frontage of at least 60 m (198 feet). M.R. 156/2009 Restrictions on disposal fields — Red River Corridor Designated Area 6.1(1) Subject to subsections (2) and (3), no person shall construct, install, site, locate, replace, expand or modify a disposal field on land within the Red River Corridor Designated Area. 6.1(2) Upon the submitting of a proposal under subsection 8(1) by a person wishing to construct, install, site or locate a disposal field in the Red River Corridor Designated Area, the director may approve the proposed activity, subject to any terms and conditions consistent with the intent of the Act that the director considers necessary, if (a) the parcel of land on which the disposal field will be constructed, installed, sited or located (i) is at least 0.8 ha (2 acres) in area, and (ii) has a frontage of at least 60 m (198 feet); and (b) the disposal field as constructed, installed, sited or located will receive wastewater only from a secondary treatment system; and the director is satisfied that the proposed activity, as approved, will not adversely affect environmental quality. 6.1(3) Upon the submitting of a proposal under subsection 8(1) by a person wishing to replace, expand or modify a disposal field in the Red River Corridor Designated Area, the director may approve the proposed activity, subject to any terms and conditions consistent with the intent of the Act that the director considers necessary, if the director is satisfied that the proposed activity will (a) improve environmental quality; or (b) decrease the risk of adversely affecting environmental quality. M.R. 156/2009 Restrictions on disposal fields — provincial parks, Crown land cottage subdivisions, sensitive areas 6.2(1) Subject to subsections (2) and (3), no person shall construct, install, site, locate, replace, expand or modify a disposal field (a) in a provincial park; (b) on a Crown land lot that is part of a recreational cottage subdivision; or (c) in a sensitive area. 6.2(2) Upon the submitting of a proposal under subsection 8(1) by a person wishing to construct, install, site or locate a disposal field on land described in subsection (1), the director may approve the proposed activity, subject to any terms and conditions consistent with the intent of the Act that the director considers necessary, if (a) the parcel of land on which the disposal field will be constructed, installed, sited or located (i) is at least 0.8 ha (2 acres) in area, and (ii) has a frontage of at least 60 m (198 feet); (b) the land is in an area (i) that cannot practically be served by a sewage pump-out truck service, or (ii) in which there is insufficient treatment or lagoon capacity; and (c) the disposal field as constructed, installed, sited or located will receive wastewater only from a secondary treatment system; and the director is satisfied that the proposed activity, as approved, will not adversely affect environmental quality. 6.2(3) Upon the submitting of a proposal under subsection 8(1) by a person wishing to replace, expand or modify a disposal field on land described in subsection (1), the director may approve the proposed activity, subject to any terms and conditions consistent with the intent of the Act that the director considers necessary, if the director is satisfied that the proposed activity will (a) improve environmental quality; or (b) decrease the risk of adversely affecting environmental quality. M.R. 156/2009 Sensitive areas 7(1) The areas described in Schedule H are classified as sensitive areas. 7(2) A person who was granted an approval under the former subsection 7(3), as it read immediately before the coming into force of this subsection, for the use of a disposal field or a sewage ejector in a sensitive area must continue to comply with that approval and any terms and conditions to which the approval may be subject. M.R. 156/2009 REGISTRATION Registration required before construction, etc. 8(1) Subject to section 3, and to Part 4 of the Nutrient Management Regulation , no person shall construct, install, site, locate, replace, expand or modify an onsite wastewater management system in whole or in part, without first (a) submitting a proposal for registration to the director or an environment officer; (b) paying the required fee as set out in the Environment Act Fees Regulation ; and (c) receiving authorization to proceed from the director or environment officer. 8(2) Where the director or an environment officer receives a proposal for registration under subsection (1), the director may (a) require the applicant to provide additional information; (b) require the applicant to conduct a percolation test or other soil sampling and analysis of the proposed disposal area; (c) require the filing of a proposal under section 11 of the Act; (d) approve a proposal to which section 6.1 or 6.2 applies, but only in accordance with the requirements of whichever of those sections applies and subject to any terms and conditions consistent with the intent of the Act that the director considers necessary; (e) approve any other proposal subject to any terms and conditions consistent with the intent of the Act that the director considers necessary; (f) refuse a proposal to which section 6.1 or 6.2 applies, if the requirements of whichever of those sections applies are not met; or (g) refuse any other proposal where in the opinion of the director the environmental impact of the proposed onsite wastewater management system is unacceptable. 8(2.1) Despite subsection (2) or any other provision of this regulation, the director must refuse a proposal (a) for the construction, installation, siting, locating, replacement, expansion or modification of an onsite wastewater management system in an area that is serviced by a wastewater collection system; or (b) for the construction, installation, siting, locating or replacement of a disposal field in an area that is expected to be serviced by a wastewater collection system within five years after the day that the proposal was received. 8(3) The provisions of Schedule A shall apply to the design, construction, installation, location and operation of a septic tank or an aerobic treatment unit and a disposal field connected to either. 8(4) [Repealed] M.R. 156/2009 8(5) When a person is required by the director or an environment officer to conduct a percolation test, the provisions of Schedule D shall apply, and the person shall conduct the percolation test in the manner described in Schedule D. M.R. 64/2008 ; 156/2009 REQUIREMENTS TO CONNECT TO WASTEWATER COLLECTION SYSTEMS Requirement to connect to new wastewater collection system 8.1(1) If a wastewater collection system is installed in an area not previously serviced by a wastewater collection system, an owner of land in that area must (a) connect his or her wastewater sources to the wastewater collection system; and (b) take any onsite wastewater management system or privy located on the land out of service and decommission it; (c) the passing of a period of 10 years from the day the wastewater collection system was installed; or (d) the transfer or subdivision of the land, other than a transfer or subdivision exempted under section 8.2.1. 8.1(2) If land in an area referred to in subsection (1) is transferred, and despite that subsection either or both of the actions described in clauses (1)⁠(a) and (b) have not been completed, the owner of the land — following the transfer — must complete the action or actions, as the case may be, within two years after the transfer. M.R. 156/2009 ; 106/2021 Requirement to connect to existing wastewater collection system 8.2(1) A person who owns land in an area that is serviced by a wastewater collection system but who has not connected his or her wastewater sources to the system, must (a) connect his or her wastewater sources to the wastewater collection system; and (b) take any onsite wastewater management system or privy located on the land out of service and decommission it; before the earlier of (c) December 31, 2031; or (d) the transfer or subdivision of land, other than a transfer or subdivision exempted under section 8.2.1. 8.2(2) If land in an area referred to in subsection (1) is transferred, and despite that subsection either or both of the actions described in clauses (1)⁠(a) and (b) have not been completed, the owner of the land — following the transfer — must complete the action or actions, as the case may be, within two years after the transfer. M.R. 156/2009 ; 106/2021 Exempted transfers and subdivisions 8.2.1 The requirement to connect to a wastewater collection system before a transfer of subdivision of land does not apply in the case of (a) a transfer that is the result of (i) expropriation for the purpose of installing or expanding a public utility, or (ii) in the case of municipally owned land, the amalgamation of the municipality with another municipality; or (b) a subdivision that is exempted from a planning approval under subsection 121(2) of The Planning Act . M.R. 106/2021 Determining whether area serviced by a wastewater collection system 8.3(1) If there is a dispute under subsection 8(2.1), section 8.1 or section 8.2 whether an owner's land is in an area that is serviced by a wastewater collection system, or that is expected to be serviced by a wastewater collection system within five years, the director is to determine the dispute by considering (a) any plans or other documentation available from the municipality in relation to the wastewater collection system or proposed wastewater collection system; and (b) any other factor that the director may consider relevant. 8.3(2) The director may at any time inform an owner of land as to whether the owner's land is in an area that is serviced by a wastewater collection system, or that is expected to be serviced by a wastewater collection system within five years. 8.3(3) The director must provide the information referred to in subsection (2) to an owner who requests it and has not previously been given that information. The information is to be provided in writing, and may, with the consent of the owner, be provided electronically. M.R. 156/2009 INSTALLERS AND INSTALLATION Installers must be certified 9(1) The provisions of Schedule F shall apply to the certification and activities of persons certified under this regulation as installers. 9(2) Subject to subsection (3), no person shall construct, install, repair or modify an onsite wastewater management system unless he or she is (a) certified in the installation of onsite wastewater management systems in accordance with Schedule F; or (b) employed by, and under the direct supervision of, an installer certified in accordance with Schedule F. 9(3) Subsection (2) does not apply if (a) the owner of the installation site personally constructs, installs, repairs or modifies an onsite wastewater management system and he or she pays the required fee as set out in the Environment Act Fees Regulation ; or (b) the onsite wastewater management system is exempt from registration under this regulation. Prohibition on covering installation 10 No person shall cover an onsite wastewater management system, in a manner that obscures it from view or interferes with the inspection of the system, without authorization from an environment officer. Compliance 11(1) Unless otherwise approved, no person shall install, use or permit the use of a septic tank or an aerobic treatment unit in connection with a disposal field unless the tank or unit and the disposal field are in compliance with this regulation and Schedule A. 11(2) [Repealed] M.R. 156/2009 11(3) No person shall install, use or permit the use of a composting toilet system unless it conforms to the requirements of NSF Standard 41 for Wastewater Recycle/Reuse and Water Conservation Devices , published by the National Sanitation Foundation, or bears a valid stamp or mark indicating certification in accordance with that standard. M.R. 156/2009 Holding tanks 12(1) Unless otherwise approved, no person shall install, use or permit the use of a holding tank for collection of sewage or greywater from a building, unless the holding tank (a) is watertight; (b) has a minimum total capacity of 4,500 L (1,000 gallons); (c) if prefabricated, conforms to the requirements of Canadian Standards Association Standard B66–00, Prefabricated Septic Tanks and Sewage Holding Tanks , and bears a valid stamp or mark indicating certification by the Association; (d) is constructed of concrete, fibreglass, polyethylene or other approved material; (e) has a covered, watertight, perpendicular access shaft which shall extend above the ground surface; and (f) has a child-resistant cover. 12(2) Notwithstanding clause (1)⁠(b), if all the water closets installed in a building are low water use closets, the holding tank may have a minimum total capacity of 3,400 L (750 gallons). 12(3) No person shall install, use or permit the use of a holding tank for the collection of sewage or greywater from a building (a) in an area where mobile pump-out service is not available; (b) in a location where the holding tank cannot be serviced by mobile pump out equipment; (c) if the tank does not comply with clause 1(1)⁠(e) of Schedule A, unless otherwise approved; or (d) where facilities for the final disposal of sewage or greywater are not provided, unless otherwise approved. Discharging contents of holding tank 13 No person shall discharge the contents of a holding tank except (a) into a common or public sewer; (b) into an approved facility; (c) into mobile pump-out equipment for ultimate disposal in an approved manner; or (d) for disposal in some other approved manner. Sewage ejector systems 14(1) The provisions of Schedule E shall apply to the use of a sewage ejector system. 14(2) Unless otherwise approved, no person shall use or permit the use of a sewage ejector system that does not comply with Schedule E. M.R. 156/2009 Prohibitions on new, expanded or modified sewage ejector systems 14.1 No person shall construct, install, site, locate, replace, expand or modify a sewage ejector system. M.R. 156/2009 Phase-out of existing sewage ejector systems 14.2 Subject to sections 14.3, 14.4 and 14.6, the owner of land on which a sewage ejector system is located must take the sewage ejector system out of service and decommission it before the earlier of the following occurrences: (a) the transfer of the land on which the sewage ejector system is located; (b) the subdivision of the land on which the sewage ejector system is located. M.R. 156/2009 ; 60/2010 Non-application of section 14.2 14.3(1) Section 14.2 does not apply if, within one year before the transfer or subdivision — as the case may be — of the land on which the sewage ejector system is located, the owner of the land, on application to the director, is issued a certificate of exemption in relation to the sewage ejector system. 14.3(2) An owner of land upon which a sewage ejector system is located may apply for a certificate of exemption by submitting to the director (a) a completed application, in a form and containing the information required by the director; and (b) the application fee set out in the Environment Act Fees Regulation . 14.3(3) An applicant who applies in accordance with subsection (2) is entitled to be issued a certificate of exemption by the director, if the director is satisfied that (a) the sewage ejector system is not located (i) within a sensitive area set out in Schedule H, (ii) within the Red River Corridor Designated Area, (iii) within a provincial park, (iv) on a Crown land lot that is part of a recreational cottage subdivision, or (v) on land (A) belonging to, or having the characteristics of, soil class 6 or 7, or (B) comprised of unimproved organic soils; and (b) the sewage ejector system is in compliance with all regulatory requirements, including the requirements of Schedule E (Standards for Sewage Ejectors). 14.3(4) A certificate of exemption is not transferable without the prior written approval of the director. 14.3(5) The director may make a certificate of exemption subject to any terms or conditions consistent with the intent of the Act that the director considers necessary. M.R. 60/2010 Assumption of responsibility for taking out of service and decommissioning 14.4(1) In this section, "assumption of responsibility" means the assumption of responsibility for taking a sewage ejector system out of service and decommissioning it. 14.4(2) Section 14.2 does not apply to an owner of land if the director approves an application made under subsection (4) in relation to a sewage ejector system located on that land. 14.4(3) If the director approves an application made under subsection (4), the person assuming responsibility for the sewage ejector system must take the system out of service and decommission it before the earlier of the following occurrences: (a) the day that is two years after the day upon which the application was approved; (b) a transfer or subdivision of the land subsequent to the transfer of land to the person assuming responsibility for the system. 14.4(4) An application for the director's approval of an assumption of responsibility may only be made jointly, and by the following persons: (a) the owner of land upon which a sewage ejector system is located; (b) the person, other than the owner described in clause (a), proposing to assume responsibility for taking the sewage ejector system out of service and decommissioning it after the transfer of the land. 14.4(5) An application under subsection (4) is to be made by submitting the following to the director: (a) a completed application, in a form and containing the information required by the director, and signed by the joint applicants; (b) the application fee set out in the Environment Act Fees Regulation . 14.4(6) The applicants in a joint application made in accordance with subsections (4) and (5) are entitled to be issued an approval of the assumption of responsibility if the director is satisfied that the requirements of those subsections have been met. 14.4(7) An approval of an assumption of responsibility issued by the director under subsection (6) must state on its face that it is subject to the person assuming responsibility becoming the owner of the land on which the sewage ejector system is located following a transfer of that land. In addition, the director may make the approval subject to any other terms or conditions consistent with the intent of the Act that the director considers necessary. 14.4(8) The director must give notice of his or her approval of an assumption of responsibility, or of his or her decision not to issue an approval, to each of the joint applicants, by either of the following means: (a) by giving a copy of the approval, or the decision not to issue an approval, to each person; (b) by sending a copy of the approval or decision by registered mail, or by another service that provides the sender with proof of delivery, to each person at his or her address contained in the application. M.R. 60/2010 Decommissioning sewage ejector system after transfer of land 14.5 If land referred to in section 14.2 is transferred, and (a) despite that section, the sewage ejector system has not been taken out of service and decommissioned; and (b) neither a certificate of exemption under section 14.3, nor an approval of an assumption of responsibility under section 14.4, has been issued in respect of the sewage ejector system; the owner of the land — following the transfer — must take the sewage ejector system out of service and decommission it within two years after the date of the transfer. M.R. 60/2010 Extended period to decommission after subdivision in certain cases 14.6(1) Despite section 14.2, if an owner of land (a) subdivides the land but does not transfer the parcel of land upon which a sewage ejector system is located; and (b) does not apply for and receive a certificate of exemption under section 14.3; the owner may apply to the director for an extension of time, of up to two years, within which to take the sewage ejector system out of service and decommission it. 14.6(2) An owner of land described in subsection (1) may apply for an extension of time by submitting to the director (a) a completed application, in a form and containing the information required by the director; and (b) the application fee set out in the Environment Act Fees Regulation . 14.6(3) Upon review of an application that meets the requirements of subsection (2), the applicant is entitled to receive an extension of time — extending the time to not later than two years after the date the director approves the application — within which to take the sewage ejector system out of service and decommission it. 14.6(4) The director may make an extension of time subject to any terms or conditions consistent with the intent of the Act that the director considers necessary. M.R. 60/2010 Greywater management 15(1) Subject to subsection (3), where a building is served by a water system under pressure, no person shall discharge greywater from the building except into a disposal field, holding tank, or other approved system. 15(2) Where a building is not served by a water system under pressure, no person shall have, install, use or permit the use of a greywater pit (a) under the building; (b) closer than 15 m (50 feet) to a drilled water well equipped with a casing to a depth of not less than 6 m (20 feet) below ground level; (c) closer than 30 m (100 feet) to a spring or water well other than a water well described in clause (b); (d) closer than 30 m (100 feet) to the normal high-water level of a watercourse; (e) unless otherwise approved, closer than 3 m (10 feet) to any property boundary; or (f) in an area where the soil depth, measured from the bottom of the pit, is less than 1 m (3.25 feet) from the bottom of the pit to bedrock or normal high water table. 15(3) Where a building is served by a water system under pressure and is located in a sensitive area, no person shall discharge greywater from the building except into a holding tank or other approved system. Outside toilet facilities 16 No person shall have, install, use or permit the use of an outside toilet facility that is (a) not of sound construction; (b) not weatherproof; (c) not fly proof; (d) not vented; (e) insanitary; or (f) in poor repair. Pit privies 17 Unless otherwise approved, no person shall have, install, use or permit the use of a pit privy that is (a) closer than 6 m (20 feet) to a habitable building; (b) closer than 15 m (50 feet) to a drilled water well equipped with a casing to a depth of not less than 6 m (20 feet) below ground level; (c) closer than 30 m (100 feet) to a spring or water well other than a water well described in clause (b); (d) closer than 30 m (100 feet) to the normal high-water level of a watercourse; (e) closer than 3 m (10 feet) to any property boundary; or (f) in an area where the soil depth, measured from the bottom of the pit, is less than 1 m (3.25 feet) from the bottom of the pit to bedrock or normal high water table. Vault and pail privies 18 Unless otherwise approved, no person shall have, install, use or permit the use of a vault or pail privy that is closer than (a) 6 m (20 feet) to any habitable building; (b) 3 m (10 feet) to property boundary; (c) 8 m (26 feet) to a well; or (d) 15 m (50 feet) to the normal high-water level of a watercourse. Vault construction 19 No person shall have, install, use or permit the use of a vault, used in connection with a privy, that is not of sound construction, watertight and that extends at least 15 cm (6 inches) above the level of the surrounding ground. Containers for pail privies 20 No person shall have, install, use or permit the use of a container for a pail privy that is not watertight, washable and of a size capable of being removed and carried by hand. SEWAGE HAULERS AND SEWAGE DISPOSAL Sewage haulers must be registered 21(1) The provisions of Schedule G shall apply to the activities of persons registered under this regulation as sewage haulers. 21(2) Unless otherwise authorized, no person shall engage in the activity of sewage hauling unless he or she is (a) registered as a sewage hauler in accordance with Schedule G; or (b) employed by a sewage hauler who is registered in accordance with Schedule G. 21(3) Every sewage hauler shall (a) keep a daily record of the amount of sewage, greywater or septage collected; (b) keep a daily record of the disposal site or sites at which the sewage, greywater or septage is discharged and the amounts of sewage, greywater or septage discharged at each site; and (c) provide any additional information the director may require. 21(4) Every sewage hauler shall keep a record referred to in subsection (3) for a period of not less than three years after any event described in a record and shall make the record available to an environment officer upon request. Holding tanks on vehicles 22 No person shall discharge or permit the discharge of sewage, greywater, wastewater effluent or septage from a tank that is affixed to or is part of a vehicle except (a) into a common or public sewer; (b) into an approved facility; or (c) for disposal in some other approved manner. Septage disposal 23(1) The provisions of Schedule C shall apply to the discharge of septage from an onsite wastewater management system on to the surface of the ground. 23(2) No person shall discharge or permit the discharge of septage except in accordance with section 22 or onto the ground in accordance with Schedule C. DECOMMISSIONING OUT-OF-SERVICE SYSTEMS Decommissioning out-of-service systems 23.1 The owner of land on which an out-of-service onsite wastewater management system is situated must, after the system is taken out of service, decommission the system in accordance with Schedule I. M.R. 156/2009 COMPLIANCE AND VARIANCE Prevention of contamination of air, water or soil 24 The owner, operator or installer of an onsite wastewater management system or privy shall, in addition to the requirements of this regulation, comply with such other measures as are considered necessary by the director to prevent the degradation and contamination of air, water or soil. Minister may allow variations 25 Upon written application by the owner of an installation site and notwithstanding any other provision of this regulation, the minister may vary the requirements of this regulation with respect to the installation of an onsite wastewater management system or privy, subject to such terms and conditions as the minister may require, and the variation shall be complied with as if it were a part of this regulation. M.R. 156/2009 REPEAL AND COMING INTO FORCE Manitoba Regulations 95/88 R and 126/88 R repealed 26 The Private Sewage Disposal Systems and Privies Regulation , Manitoba Regulation 95/88 R, and the Sensitive Areas Regulation , Manitoba Regulation 126/88 R, are repealed. Coming into force 27(1) This regulation, except sections 9 and 21, comes into force on the day it is registered under The Regulations Act . Coming into force: section 9 27(2) Sections 9 comes into force two years after the day this regulation is registered under The Regulations Act. Coming into force: section 21 27(3) Section 21 comes into force one year after the day this regulation is registered under The Regulations Act. SCHEDULE A (Subsection 8(3)) STANDARDS FOR SEPTIC TANKS, AEROBIC TREATMENT UNITS AND DISPOSAL FIELDS SERVICING DWELLINGS AND OTHER BUILDINGS SCHEDULE B [Repealed] M.R. 156/2009 SCHEDULE C (Subsection 23(1)) STANDARDS FOR THE DISPOSAL OF SEPTAGE FROM AN ONSITE WASTEWATER MANAGEMENT SYSTEM SCHEDULE D (Subsection 8(5)) STANDARDS FOR CONDUCTING PERCOLATION TESTS SCHEDULE E (Subsection 14(1)) STANDARDS FOR SEWAGE EJECTORS SCHEDULE F (Subsection 9(1)) CERTIFICATION OF INSTALLERS SCHEDULE G (Subsection 21(1)) REGISTRATION OF SEWAGE HAULERS SCHEDULE H (Subsection 7(1)) SENSITIVE AREAS SCHEDULE I (Section 23.1) DECOMMISSIONING OUT-OF-SERVICE SYSTEMS