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Metal and Diamond Mining Effluent Regulations (SOR/2002-222)

Regulations are current to 2021-09-11 and last amended on 2021-06-10. Previous Versions

PART 2Conditions Governing Authority to Deposit (continued)

DIVISION 1General (continued)

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) 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) a grab sample or composite sample of effluent and record the pH of the sample at the time of its collection and record, without delay after collecting the sample, the concentrations of the deleterious substances prescribed in section 3 except un-ionized ammonia; and

    • (b) a grab sample of effluent and record the temperature and the pH of the sample at the time of its collection and record, without delay after collecting the sample, the concentrations of total ammonia expressed as nitrogen (N).

  • (2) Testing conducted under subsection (1) shall comply with the analytical requirements set out in Table 1 of 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) Despite subsection (1), the owner or operator of a mine is not required to collect samples for the purpose of recording the concentrations of cyanide if cyanide has never been used as a process reagent at the mine.

  • (4) The owner or operator of a mine shall determine and record the concentration of un-ionized ammonia, using the temperature, pH and concentration of total ammonia recorded under paragraph (1)(b), in accordance with the following formula:

    A (1/(1 + 10pKa-pH))

    where

    A
    is the concentration of total ammonia — which is the sum of un-ionized ammonia (NH3) and ionized ammonia (NH4+) — expressed in mg/L as nitrogen (N);
    pH
    is the pH of the effluent sample; and
    pKa
    is a dissociation constant calculated in accordance with the following formula:

    0.09018 + 2729.92/T

    where

    T
    is the temperature of the effluent sample in kelvin.
  • SOR/2006-239, s. 5
  • SOR/2018-99, s. 9
  •  (1) The owner or operator of a mine may reduce the frequency of conducting tests relating to the concentrations of arsenic, copper, cyanide, lead, nickel, zinc or un-ionized ammonia at a final discharge point to not less than once in each calendar quarter, each test being conducted at least one month apart, if that substance’s monthly mean concentration at that final discharge point is less than 10% of the value set out in column 2 of Schedule 4 for 12 consecutive months.

  • (2) The owner or operator of a mine, other than an uranium mine, may reduce the frequency of conducting tests relating to the concentration of radium 226 at a final discharge point to not less than once in each calendar quarter, each test being conducted at least one month apart, if the concentration of radium 226 at that final discharge point is less than 0.037 Bq/L for 10 consecutive weeks.

  • (3) The owner or operator of a mine shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at a final discharge point to the frequency prescribed in section 12

    • (a) in the case of a deleterious substance mentioned in subsection (1), if that substance’s monthly mean concentration at that final discharge point is equal to or greater than 10% of the value set out in column 2 of Schedule 4; and

    • (b) in the case of radium 226, if the concentration of radium 226 at that final discharge point is equal to or greater than 0.037 Bq/L.

  • (4) The owner or operator of a mine shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at all final discharge points to the frequency prescribed in section 12 for all the substances mentioned in subsections (1) and (2) if the owner or operator

    • (a) fails to perform a test required under those subsections in accordance with the prescribed frequency; or

    • (b) fails to submit a report required under subsection 21(1) or section 22 within the prescribed time.

  • (5) If the owner or operator of a mine changes the location of a final discharge point, the owner or operator shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at that final discharge point to the frequency prescribed in section 12 for all the deleterious substances mentioned in subsections (1) and (2).

  • (6) The owner or operator of a mine who reduces the frequency of conducting tests under subsection (1) or (2) shall

    • (a) notify the Minister of the Environment, in writing, at least 30 days in advance, of that fact;

    • (b) select and record the sampling dates not less than 30 days in advance of collecting the samples of effluent; and

    • (c) collect the sample on the selected day except if, owing to unforeseen circumstances, they cannot sample on that day, in which case, they shall do so as soon as practicable after that day.

  • SOR/2006-239, s. 6
  • SOR/2018-99, s. 9

Acute Lethality Testing

General
  •  (1) Subject to section 15, the owner or operator of a mine shall collect, once a month, a grab sample of effluent from each final discharge point and determine whether the effluent is acutely lethal by conducting acute lethality tests on aliquots of each effluent sample in accordance with sections 14.1 to 14.3.

  • (2) For the purposes of subsection (1), the owner or operator of a mine

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

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

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

  • (3) When collecting a grab sample of effluent for the purposes of subsection (1), the owner or operator of a mine shall

    • (a) collect a sufficient volume of effluent to enable the owner or operator to comply with paragraph 15(1)(a); and

    • (b) record the temperature and the pH of each grab sample of effluent at the time of the sample’s collection.

  • SOR/2006-239, s. 7
  • SOR/2011-92, s. 4
  • SOR/2012-22, s. 3
  • SOR/2018-99, s. 10
Acute Lethality Test — Rainbow Trout
Acute Lethality Test — Rainbow Trout

 Unless the salinity value of the effluent is greater than ten parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/13.

Acute Lethality Test — Threespine Stickleback

 If the salinity value of the effluent is greater than ten parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/10.

Acute Lethality Test — Daphnia magna

 Unless the salinity value of the effluent is greater than four parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall, in addition to conducting the acute lethality test set out in section 14.1, determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14.

Increased Frequency of Acute Lethality Testing

  •  (1) If an effluent sample is determined to be acutely lethal by an acute lethality test, the owner or operator of a mine shall

    • (a) without delay,

      • (i) conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample collected under subsection 14(1),

      • (ii) record the concentration of total ammonia and, using that concentration and using the temperature and pH recorded under paragraph 14(3)(b), determine the concentration of un-ionized ammonia in accordance with the formula set out in subsection 12(4), and

      • (iii) record the concentrations of the deleterious substances prescribed in section 3;

    • (b) collect a grab sample twice a month from the final discharge point from which the effluent sample determined to be acutely lethal was collected, record the temperature and the pH of each sample at the time of its collection and, without delay, conduct the acute lethality test that determined the effluent sample to be acutely lethal on each grab sample in accordance with the procedure set out in section 6 of the applicable reference method and, if the sample is determined to be acutely lethal, without delay,

      • (i) conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample,

      • (ii) record the concentration of total ammonia and, using that concentration and using the temperature and pH recorded under this paragraph, determine the concentration of un-ionized ammonia in accordance with the formula set out in subsection 12(4), and

      • (iii) record the concentrations of the deleterious substances prescribed in section 3; and

    • (c) collect the grab samples not less than seven days apart.

  • (2) The owner or operator may resume sampling and testing at the frequency prescribed in section 14 if the effluent is determined not to be acutely lethal in three consecutive tests conducted under paragraph (1)(b).

  • SOR/2006-239, s. 8
  • SOR/2018-99, s. 12
 
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