Metal Mining Effluent Regulations (SOR/2002-222)

13. (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.

14. (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).