• 8. (1) For the purposes of section 5, the reference production rate of a plant during any month is

  • (a) the rated capacity of the plant where

    • (i) the arithmetic mean of the actual daily production rate of chlorine during the previous three months, excluding days on which there was no production, deviated from the rated capacity of the plant by less than 15 per cent,

    • (ii) the plant was shut down for all of the previous three months, or

    • (iii) the plant is in its first 12 months of operation; and

  • (b) where none of the conditions of subparagraphs (a)(i) to (iii) are applicable, the arithmetic mean of the actual daily production rate of chlorine during the previous three months, excluding days on which there was no production.

• (2) The actual daily production rate of chlorine may be calculated from power consumption or from any other method approved by the Minister.

9. For the purposes of section 6, the concentration of mercury in effluent shall be determined using

• (a) the test method described in Schedule III; or

• (b) any other equivalent method, approved in writing by the Minister, the results of which can be confirmed by the method referred to in Schedule III.

• 10. (1) For the purposes of section 6, the actual daily deposit of mercury from a plant shall be calculated using the measurements of total effluent flow determined in accordance with paragraphs 6(1)(d) and 6(2)(c), and the measurement of mercury concentration obtained from a composite sample shall be analysed in accordance with section 9.

• (2) Where a plant accumulates, for treatment by a batch process, all or a portion of the effluent discharged by the plant over a period of more than one day and deposits the treated effluent on one day, the owner may, for the purposes of section 5, attribute the mercury deposited in that day equally to those days on which the effluent was accumulated.