Metal Mining Effluent Regulations (SOR/2002-222)

Regulations are current to 2016-06-06 and last amended on 2016-05-06. Previous Versions

Application

  •  (1) These Regulations apply in respect of mines and recognized closed mines that

    • (a) at any time after June 6, 2002, exceed an effluent flow rate of 50 m3 per day, based on effluent deposited from all the final discharge points of the mine; and

    • (b) deposit a deleterious substance in any water or place referred to in subsection 36(3) of the Act.

  • (2) Despite subsection (1), these Regulations do not apply in respect of mines that stopped commercial operation before June 6, 2002, unless they are reopened after the registration of these Regulations, or in respect of placer mining operations.

  • SOR/2012-22, s. 2.

Deleterious Substances

 For the purpose of these Regulations, the substances set out in column 1 of Schedule 4 and any acutely lethal effluent are prescribed as deleterious substances.

Authority to Deposit

  •  (1) Subject to subsection (2), the owner or operator of a mine may deposit, or permit the deposit of, an effluent that contains a deleterious substance in any water or place referred to in subsection 36(3) of the Act if a transitional authorization permits the deposit or if

    • (a) the concentration of the deleterious substance in the effluent does not exceed the authorized limits set out in Schedule 4;

    • (b) the pH of the effluent is equal to or greater than 6.0 but is not greater than 9.5; and

    • (c) the deleterious substance is not an acutely lethal effluent.

  • (2) The authority in subsection (1) is conditional

    • (a) in the case of a transitional authorization that permits the deposit, on the owner or operator complying with section 36; and

    • (b) in the other case, on the owner or operator complying with sections 6 to 27.

Authority to Deposit in Tailings Impoundment Areas

  •  (1) Despite section 4, the owner or operator of a mine may deposit or permit the deposit of waste rock or an effluent that contains any concentration of a deleterious substance and that is of any pH into a tailings impoundment area that is either

    • (a) a water or place set out in Schedule 2; or

    • (b) a disposal area that is confined by anthropogenic or natural structures or by both, other than a disposal area that is, or is part of, a natural water body that is frequented by fish.

  • (2) The authority in subsection (1) is conditional on the owner or operator complying with sections 7 to 28.

  • SOR/2006-239, s. 2.

PART 2Conditions Governing Authority to Deposit

DIVISION 1General

Prohibition on Diluting Effluent

 The owner or operator of a mine shall not combine effluent with water or any other effluent for the purpose of diluting effluent before it is deposited.

Environmental Effects Monitoring

  •  (1) The owner or operator of a mine shall conduct environmental effects monitoring studies of the potential effects of effluent on the fish population, on fish tissue and on the benthic invertebrate community in accordance with the requirements and within the periods set out in Schedule 5.

  • (2) The owner or operator shall record the results of the studies and submit the reports and required information to the authorization officer as set out in Schedule 5.

  • (3) The studies shall be performed using documented and validated methods, and their results interpreted and reported on in accordance with generally accepted standards of good scientific practice at the time that the studies are performed.

  • SOR/2006-239, s. 3.

Identifying Information

  •  (1) The owner or operator of a mine shall submit in writing to the authorization officer the information referred to in subsection (2) not later than 60 days after the day on which one or both of the following occur:

    • (a) the mine becomes subject to these Regulations; and

    • (b) ownership of the mine is transferred.

  • (2) The information that shall be submitted is the name and address of

    • (a) both the owner and the operator of the mine; and

    • (b) any parent company of the owner and the operator.

  • (3) The owner or operator shall submit in writing to the authorization officer any change in the information not later than 60 days after the change occurs.

Final Discharge Points

 The owner or operator of a mine shall identify each final discharge point and submit in writing to the authorization officer, not later than 60 days after the day on which the mine becomes subject to these Regulations, the following information:

  • (a) plans, specifications and a general description of each final discharge point together with its location by latitude and longitude, in degrees, minutes and seconds;

  • (b) a description of how each final discharge point is designed and maintained in respect of the deposit of deleterious substances; and

  • (c) the name of the receiving body of water, if there is a name.

  • SOR/2006-239, s. 4.
  •  (1) The owner or operator of a mine shall submit in writing to the authorization officer the information required by section 9, for

    • (a) any final discharge point that is identified by an inspector, and that was not identified as required by section 9, within 30 days after the discharge point is identified; and

    • (b) each new final discharge point, at least 60 days before depositing effluent from that new final discharge point.

  • (2) The owner or operator shall submit in writing to the authorization officer the information on any proposed change to a final discharge point at least 60 days before the change is to be made.

Monitoring Equipment Information

 The owner or operator of a mine shall keep records relating to effluent monitoring equipment that contain

  • (a) a description of the equipment and, if applicable, the manufacturer’s specifications and the year and model number of the equipment; and

  • (b) the results of the calibration tests of the equipment.

DIVISION 2Effluent Monitoring Conditions

Deleterious Substance and pH Testing

  •  (1) Subject to subsection (3), the owner or operator of a mine shall, not less than once per week and at least 24 hours apart, collect from each final discharge point a grab sample or composite sample of effluent and, without delay, record the pH and concentrations of the deleterious substances set out in column 1 of Schedule 4.

  • (2) Testing conducted under subsection (1) shall comply with the analytical requirements set out in Schedule 3 and shall be done in accordance with generally accepted standards of good scientific practice at the time of the sampling using documented and validated methods.

  • (3) The owner or operator is not required to collect samples for the purpose of recording the concentrations of cyanide set out as item 3 of Schedule 4 if that substance is not used as a process reagent within the operations area.

  • SOR/2006-239, s. 5.
  •  (1) Despite section 12 and subject to subsection (3), the owner or operator of a mine may reduce the frequency of testing of effluent collected from a final discharge point for a deleterious substance that is set out in any of items 1 to 6, in column 1, of Schedule 4 to not less than once in each calendar quarter if that substance’s monthly mean concentration in the effluent collected from that final discharge point is less than 10% of the value set out in column 2 of that Schedule for the 12 months immediately preceding the most recent test.

  • (2) Despite section 12 and subject to subsection (3), the owner or operator of a mine, other than an uranium mine, may reduce the frequency of testing for Radium 226 set out as item 8 of Schedule 4 to not less than once in each calendar quarter if that substance’s concentration in the effluent is less than 0.037 Bq/L in 10 consecutive tests conducted under section 12.

  • (3) The owner or operator shall increase the frequency of testing to that prescribed in section 12 for a deleterious substance that is set out in any of items 1 to 6 or 8 of Schedule 4 if the substance’s monthly mean concentration is equal to or greater than 10% of the value set out in column 2 of these items.

  • (4) The owner or operator must notify the authorization officer, in writing, at least 30 days in advance, of a reduction in the frequency of testing.

  • SOR/2006-239, s. 6.

Acute Lethality Testing

  •  (1) Subject to subsection (1.1) and section 15, the owner or operator of a mine shall conduct an acute lethality test, in accordance with the requirements and procedures specified in Reference Method EPS 1/RM/13,

    • (a) once a month, in accordance with the procedure set out in section 5 or 6 of that document, on a grab sample that was collected from each final discharge point; and

    • (b) without delay, in accordance with the procedure set out in section 6 of that document, on a sample taken from the place where the deposit occurred if the deposit occurs out of the normal course of events.

  • (1.1) The owner or operator who is required to conduct an acute lethality test under paragraph (1)(b) is not required to conduct that test if they notify without delay an inspector, or a person referred to in section 29, that the deposit is an acutely lethal effluent.

  • (2) For the purposes of paragraph (1)(a),

    • (a) the owner or operator shall select and record the sampling date not less than 30 days in advance of collecting the grab sample;

    • (b) the operator shall collect the sample on the selected day except if, owing to unforeseen circumstances, the operator cannot sample on that day, in which case, they shall do so as soon as possible after that day; and

    • (c) the operator shall collect the grab samples not less than 15 days apart.

  • (3) When collecting a grab sample of effluent for the purpose of subsection (1), the owner or operator shall collect a sufficient volume of effluent to enable the owner or operator to comply with paragraph 15(1)(a).

  • SOR/2006-239, s. 7;
  • SOR/2011-92, s. 4;
  • SOR/2012-22, s. 3.
 
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