SCHEDULE IV.1(Subsections 29(1) and 30(1) and (3) and paragraph 35(1)(i))Environmental Effects Monitoring Studies
[...]
1 The following definitions apply in this Schedule.
- effect on the benthic invertebrate community
-
effect on the benthic invertebrate community means a statistical difference between data referred to in subparagraph 11(a)(ii) from a study respecting the benthic invertebrate community conducted in
[...]
- effect on the fish population
-
effect on the fish population means a statistical difference between data relating to the indicators referred to in subparagraph 11(a)(i) from a study respecting fish population conducted in
[...]
[...]
Biological Monitoring Studies
3 Biological monitoring studies consist of
-
(a) a study respecting the fish population, if the concentration of effluent in the exposure area is greater than 1% in the area located within 250 m of a point of deposit of the effluent in water;
-
(b) a study respecting fish tissue if
[...]
-
(c) a study respecting the benthic invertebrate community, if the concentration of effluent in the exposure area is greater than 1% in the area located within 100 m of a point of deposit of the effluent in water.
Study Design
-
4 (1) At least six months before the commencement of sampling for biological monitoring studies, a study design shall be submitted to the authorization officer that, subject to subsections (2) to (4), consists of
-
[...]
-
(b) if a study respecting fish population is required under paragraph 3(a), a description of how the study will be conducted, that includes
-
(c) if a study respecting fish tissue is required under paragraph 3(b), a description of how the study will be conducted that includes
-
(d) if the study referred to in paragraph 3(c) respecting the benthic invertebrate community is required, a description of how the study will be conducted, that includes
-
[...]
-
(g) a summary of the results of any previous biological monitoring studies that were conducted respecting the fish population, fish tissue or the benthic invertebrate community; and
-
(2) If the most recent interpretive report indicates the magnitude and geographical extent of an effect on the fish population, on fish tissue or on the benthic invertebrate community, or that the cause of the effect has not been identified, the study design shall consist of the following:
-
(3) If the most recent interpretive report indicates the cause of the effect on the fish population, on fish tissue or on the benthic invertebrate community, or that the solutions have not been identified, the study design shall consist of a detailed description of the studies that will be used to identify the possible solutions to eliminate the effect.
-
(4) If the most recent interpretive report indicates the solutions to eliminate the effect, the study design shall consist of the information referred to in subsection (1).
-
5 (1) The site characterization consists of
-
[...]
-
(b) a description of the reference and exposure areas where the biological monitoring studies will be conducted that includes a mapped description of the sampling areas and information on the geological, hydrological, oceanographical, limnological, chemical and biological features of those areas;
-
(c) a description of any anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect;
-
(2) If the information described in subsection (1) was submitted in a previous study design, it may be submitted in summary format, but it shall include a detailed description of any changes to that information since the submission of the most recent study design.
6 The information respecting the fish population and fish tissue studies shall include a description of and the scientific rationale for
[...]
7 The information respecting the benthic invertebrate community studies shall include a description of and the scientific rationale for
[...]
Conducting Biological Monitoring Studies
-
8 (1) Subject to subsection (2), the biological monitoring studies shall be conducted in accordance with the study design submitted under section 4.
-
(2) If it is impossible to follow the study design because of unusual circumstances, the owner or operator of a mill may deviate from the study design but shall inform the authorization officer without delay of those circumstances and of how the study was or will be conducted.
9 When studies respecting fish population or the benthic invertebrate community are conducted, water samples shall be collected from the sampling areas selected under paragraphs 6(b) and 7(a), and the following information shall be recorded:
[...]
10 When studies respecting the benthic invertebrate community are conducted, sediment samples shall be collected from the sampling areas selected under paragraph 7(a), and the following information shall be recorded:
[...]
Assessment of Data Collected from Studies
11 The data collected during the biological monitoring studies shall be used
[...]
-
12 (1) After biological monitoring studies are conducted in accordance with sections 8 to 10, an interpretive report shall be prepared that, subject to subsections (2) and (2.1), contains the following information:
-
(a) a description of any deviation from the study design that occurred while the biological monitoring studies were being conducted and any impact that the deviation had on the studies;
-
[...]
-
(g) if the study design contains the information described in paragraph 4(1)(h), the magnitude and geographical extent of the effect on fish population, fish tissue or the benthic invertebrate community;
-
[...]
-
(j) the conclusions of the biological monitoring studies, based on the results of the statistical analysis conducted under paragraph 11(c), taking into account any of the following factors that may have affected those results:
-
(i) the results of any previous biological monitoring studies,
-
(ii) the presence of anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect,
-
(k) a description of the impact of the results on the study design for subsequent biological monitoring studies; and
-
(l) the date of the next biological monitoring studies.
-
(2) If a study design is submitted under subsection 4(2), the interpretive report shall consist of only the cause of the effect on fish population, fish tissue or the benthic invertebrate community, and any supporting raw data and, if the cause was not determined, an explanation of why and a description of any steps that need to be taken in the next study to determine that cause.
-
(2.1) If a study design is submitted under subsection 4(3), the interpretive report shall consist of only the studies that were used to identify possible solutions to eliminate the effect and the results of those solutions and, if no solutions were identified, an explanation of the reasons why and a description of any steps that need to be taken in the next study to identify the solutions.
-
(3) For the purposes of paragraph (1)(f), if a study on the fish population, on fish tissue or on the benthic invertebrate community is not required to be conducted under these Regulations, the effluent is considered to have no effect on the fish population, on fish tissue or on the benthic invertebrate community, respectively.
[...]