for the construction and operation of a single-cell wastewater retention pond as a treatment facility for wastewaters generated by a year-round 1,800 car per month automatic car wash operation located on the NE 1/4 of Section 15-12-2E in the R.M. of Rosser, with the release of effluent directed along PTH No. 7 towards the Gamby Drain, subject to the following specifications, limits, terms and conditions:

In this Licence,

"accredited laboratory" means an analytical facility accredited by the Standard Council of Canada (SCC), or accredited by another accrediting agency recognized by Manitoba Conservation to be equivalent to the SCC, or able to demonstrate, upon request, that it has the quality assurance/quality control (QA/QC) procedures in place equivalent to accreditation based on the international standard ISO/IEC 17025, or otherwise approved by the Director;

"approved" means approved in writing;

"Director" means an employee of the department appointed as such by the Minister;

"effluent" means wastewater released into the environment;

"final discharge point" means an effluent quality control point designated as such through the provisions of this Licence, unless otherwise re-designated in writing by the Director;

"sewage" means sewage as defined in Manitoba Regulation 95/88R, or any future amendment thereto, respecting private sewage disposal systems and privies;

"Standard Methods for the Examination of Water and Wastewater" means the most recent edition of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, the American Waterworks Association and the Water Environment Federation;

"wastewater" means any liquid containing a pollutant (as defined in The Environment Act) which is designated for release into the environment; and

"wastewater retention pond" means the constructed single-cell pond identified as the "wastewater retention pond" on the plan shown in Appendix 'A' attached to this Licence.

This section of the Licence contains requirements intended to provide guidance to the Licencee in implementing practices to ensure that the environment is maintained in such a manner as to sustain a high quality of life, including social and economic development, recreation and leisure for present and future Manitobans.

1. In addition to any of the limits, terms and conditions specified in this Licence, the Licencee shall, upon the request of the Director:

1. sample, monitor, analyze and/or investigate specific areas of concern regarding any segment, component or aspect of pollutant storage, containment, treatment, handling, disposal or emission systems, for such pollutants or ambient quality, aquatic toxicity, leachate characteristics and discharge or emission rates, for such duration and at such frequencies as may be specified;
2. determine the environmental impact associated with the release of any pollutant(s) from the Development; or
3. provide the Director, within such time as may be specified, with such reports, drawings, specifications, analytical data, descriptions of sampling and analytical procedures being used, bioassay data, flow rate measurements and such other information as may from time to time be requested.

2. The Licencee shall, unless otherwise specified in this Licence:

1. carry out all preservations and analyses of liquid samples in accordance with the methods prescribed in the Standard Methods for the Examination of Water and Wastewater or in accordance with equivalent preservation and analytical methodologies approved by the Director; and
2. ensure that all analytical determinations are undertaken by an accredited laboratory.

3. The Licencee shall report all the information requested through the provisions of this Licence in a manner and form acceptable to the Director.

Respecting Wastewater Management

4. The Licencee shall direct all the car wash wastewater into the wastewater retention pond identified as the "wastewater retention pond" on the site plan in Appendix 'A' attached to this Licence.
   
   
5. The Licencee shall store all concentrated liquid chemical car wash products in a location that can provide containment (by berm or by drainage to a holding tank) of any leaks or spills and that will prevent the loss of any leaks or spills into the ground or to any floor drain connected to the wastewater retention pond.
   
   
6. The Licencee shall not direct:

1. any backwash water from the on-site water softening unit(s), or any sewage generated on-site, into the wastewater retention pond.

7. The Licencee shall not substitute any chemical car wash product with another product, or use any additional chemical product, that would cause residuals of that product to be released into the retention pond, without the prior approval of the Director.
   
   
8. The Licencee shall within six months of the date of issuance of this licence, identify to the Director the particular chemical car wash product or products contributing phosphorus to the car wash wastewater, and submit to the Director a report on the feasibility of replacing the identified chemical product(s) with an alternative product(s) containing no, or substantially less, phosphorus.
   
   
9. The Licencee shall, if no suitable alternative(s) can be used regarding Clause 7 of this Licence, cooperate or comply, as the case may be, with any future watershed based management study, plan or nutrient reduction program, approved by the Director, for the Red River and associated waterways and watersheds.
   
   
10. The Licencee shall ensure that the existing interior surface, or any future modified interior surface, below the design surface water line elevation of 233.33 metres above sea level within the pond, is underlain by at least one metre in thickness of continuous soil having a hydraulic conductivity of 1 x 10^-7 centimetres per second or less.
    
    
11. The Licencee shall implement such studies and such construction works as may be necessary, and as would be satisfactory to the Director, to minimize the influx of uncontaminated surface runoff into the wastewater retention pond by no later than September 30, 2004.

Respecting Effluent

12. The Licencee shall release effluent from the retention pond into the environment only through the final discharge point, being:

1. that point where the effluent overflows from the retention pond into the receiving drainage ditch; or
2. the end of the hose or pipe used to release effluent from the wastewater retention pond into the environment while the effluent is being pumped out of the wastewater retention pond.

13. The Licencee shall not discharge, or permit any overflow of effluent, from the wastewater retention pond into the environment during the calendar period extending from the first day of November in any year to the fifteenth day of May in the following year.
    
    
14. To minimize the potential for the short-circuiting of the raw wastewater to the final discharge point, the Licencee shall not release of effluent from the wastewater retention pond while the car wash facility is operating.
    
    
15. The Licencee shall not discharge, or permit any overflow, of effluent from the retention pond into the environment if the quality of the effluent at the final discharge point is such that:

1. the pH is less than 6.0 or greater than 9.5 pH units;
2. the five-day biochemical oxygen demand is greater than 30 milligrams per litre;
3. the total suspended solids content is greater than 30 milligrams per litre;
4. the oil and grease content is greater than 10 milligrams per litre;
5. it causes or contributes to the appearance or formation of foam at any point along the receiving drainage ditches, or
6. it is acutely lethal to rainbow trout or to Daphnia magna as determined through toxicity tests conducted on samples of effluent in a manner as set out in Reference Method EPS 1/RM/13 and Reference Method 1/RM/14, respectively.

Respecting Monitoring, Record keeping and Reporting

16. The Licencee shall during each event of a release of effluent from the wastewater retention pond:

1. obtain two sets of grab samples of the effluent at the final discharge point, one upon the startup and the second just prior to the termination of each discharge event; and
2. analyze the grab samples for the following parameters:

and,

3. measure and record the amount of effluent released from the retention pond into the environment.

17. The Licencee shall, once every two years, collect a sufficient and representative sample of effluent obtained at the final discharge point at approximately the half time mark of the discharge period, and have the sample subjected to testing for acute lethality to rainbow trout and to Daphnia magna in accordance with Reference Methods EPS 1/RM/13 and 1/RM14, respectively.
    
    
18. The Licencee shall report to the Director the results of the analyses and information determined pursuant to sub-Clauses 16(b) and 16(c), and to Clause 17, on a signed hard copy and in an electronic format satisfactory to the Director, within 30 days of the end of the month during which the effluent samples were taken.

1. This Licence replaces Environment Act Licence No. 1877 which is hereby rescinded.
   
   
2. If, in the opinion of the Director, the Licencee has exceeded or is exceeding or has or is failing to meet the specifications, limits, terms, or conditions set out in this Licence, the Director may, temporarily or permanently, revoke this Licence.
   
   
3. If, in the opinion of the Director, new evidence warrants a change in the specifications, limits, terms or conditions of this Licence, the Director may require the filing of a new proposal pursuant to Section 11 of The Environment Act.

"original signed by Serge Scrafield for"
Larry Strachan, P. Eng.
Director
Environment Act

Appendix 'A' - Site Plan (Please refer to file copy.)