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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 2Effluent Monitoring Conditions (continued)

Increased Frequency of Acute Lethality Testing (continued)

 Despite paragraph 15(1)(c), if an effluent sample is determined to be acutely lethal when tested using the acute lethality test set out in section 14.3, the owner or operator of a mine shall, without delay, collect the first grab sample required by paragraph 15(1)(b) and comply with the requirements of that paragraph.

Reduced Frequency of Acute Lethality Testing

  •  (1) The owner or operator of a mine may reduce the frequency of conducting an acute lethality test at a final discharge point to once in each calendar quarter if the effluent from that final discharge point is determined not to be acutely lethal by that acute lethality test for 12 consecutive months.

  • (2) For the purpose of determining whether that effluent is acutely lethal for the 12-month period referred to in subsection (1), the owner or operator of a mine shall use the results of the acute lethality tests conducted under subsection 14(1).

  • (3) The owner or operator of a mine shall notify the Minister of the Environment in writing at least 30 days before the reduction of the frequency of acute lethality testing.

  • (4) The owner or operator who reduces the frequency of conducting acute lethality testing under subsection (1) shall

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

    • (b) collect the grab samples not less than 45 days apart.

  • (5) If a grab sample is determined to be acutely lethal by an acute lethality test when the owner or operator of a mine is testing at the frequency prescribed in subsection (1), the owner or operator shall increase the frequency of conducting that test to the frequency prescribed in section 15 and conduct that test in accordance with that section.

  • (6) If the location of a final discharge point is changed, the owner or operator of a mine shall, at that final discharge point, increase the frequency of conducting all the acute lethality tests to the frequency prescribed in subsection 14(1) and conduct those tests in accordance with that subsection.

  • SOR/2012-22, s. 4
  • SOR/2018-99, s. 14

 [Repealed, SOR/2018-99, s. 15]

Obligation to Record All Test Results

 The owner or operator of a mine shall record without delay the data referred to in section 9.1 of Reference Method EPS 1/RM/10, section 8.1 of Reference Method EPS 1/RM/13 and section 8.1 of Reference Method EPS 1/RM/14 for all acute lethality tests that are conducted to monitor deposits from final discharge points.

  • SOR/2018-99, s. 16

Volume of Effluent

  •  (1) The owner or operator of a mine shall record, in cubic metres, the total monthly volume of effluent deposited from each final discharge point for each month during which there was a deposit.

  • (2) The total monthly volume of effluent deposited shall be either

    • (a) determined on the basis of the average of the flow rates, expressed in cubic metres per day, measured and calculated as follows:

      • (i) by measuring the flow rate at the same time as samples are collected under section 12,

      • (ii) by calculating the average monthly flow rate by adding the flow rate measurements taken during the month and dividing the total by the number of times the flow rate was measured, and

      • (iii) by multiplying the average monthly flow rate by the number of days during the month that effluent was deposited; or

    • (b) determined by using a monitoring system that provides a continuous measure of the volume of effluent deposited.

  • (3) The owner or operator shall

    • (a) measure the flow rate or volume of effluent deposited by using a monitoring system that is accurate to within 15% of measured flow rate or volume; and

    • (b) maintain and calibrate the monitoring system at least once in each year and record the results, as well as the date on which and the manner in which the requirement to maintain and calibrate has been met.

  • SOR/2006-239, s. 9
  • SOR/2012-22, s. 5
  • SOR/2018-99, s. 17

Calculation of Monthly Mean Concentration and Loading

  •  (1) With respect to the deleterious substances that are contained in the effluent deposited from each final discharge point, the owner or operator of a mine shall, for each month during which there is a deposit and during which samples are collected, record the monthly mean concentration

    • (a) in mg/L for deleterious substances referred to in paragraphs 3(a) to (g) and (i); and

    • (b) in Bq/L for a deleterious substance referred to in paragraph 3(h).

  • (2) If the analytical result from any test conducted under section 12 or 13 is less than the method detection limit used for that test, the test result shall be considered to be equal to one half of the detection limit used for the purpose of calculating the monthly mean concentration.

  • SOR/2006-239, s. 9
  • SOR/2018-99, s. 18
  •  (1) With respect to the deleterious substances that are contained in the effluent deposited from each final discharge point, the owner or operator of a mine shall, for each month and for each calendar quarter during which there was a deposit and during which a sample is collected, record the loading

    • (a) in kg for deleterious substances referred to paragraphs 3(a) to (g) and (i); and

    • (b) in MBq for a deleterious substance referred to in paragraph 3(h).

  • (2) The owner or operator shall determine the loading for each month using the following formula:

    ML = C × V / 1,000

    where

    ML
    is the loading for a month;
    C
    is the monthly mean concentration of the deleterious substance, recorded under section 19.1; and
    V
    is the total monthly volume of effluent deposited from each final discharge point, recorded under section 19.
  • (3) The owner or operator shall determine the loading for each calendar quarter using the following formula:

    QL = C × V / 1,000

    where

    QL
    is the loading for a calendar quarter;
    C
    is the mean of the monthly mean concentrations of the deleterious substance for that calendar quarter, recorded under section 19.1; and
    V
    is the total volume of effluent deposited from each final discharge point during that calendar quarter, based on the sum of the total monthly volumes of effluent deposited from each final discharge point, recorded under section 19.
  • SOR/2006-239, s. 9
  • SOR/2018-99, s. 19

Reporting Monitoring Results

  •  (1) The owner or operator of a mine shall submit to the Minister of the Environment an effluent monitoring report for all tests and monitoring conducted during each calendar quarter not later than 45 days after the end of the quarter.

  • (2) Subject to subsection (3), the effluent monitoring report shall include

    • (a) the data referred to in section 9.1 of Reference Method EPS 1/RM/10, section 8.1 of Reference Method EPS 1/RM/13 and section 8.1 of Reference Method EPS 1/RM/14 as required by section 18;

    • (b) the concentration and monthly mean concentration of each deleterious substance prescribed in section 3 that is contained in the effluent samples collected under subsection 12(1) and the concentrations of such deleterious substances contained in the effluent samples collected under subsection 13(1) or (2);

    • (c) the pH of the effluent samples as required by subsection 12(1);

    • (d) whether a composite or grab sample collection method was used for each effluent sample as required by subsection 12(1);

    • (d.1) for each month of the calendar quarter, the number of days that effluent was deposited;

    • (e) the total volume of effluent deposited during each month of the reporting quarter as recorded under section 19;

    • (f) the mass loading of the deleterious substances prescribed in section 3 as recorded under section 20; and

    • (g) the results of the effluent characterization conducted under paragraph 15(1)(a).

  • (3) If no effluent is deposited in a calendar quarter, the report shall only include a statement to that effect.

  • SOR/2006-239, s. 10
  • SOR/2018-99, ss. 20, 36

 The owner or operator of a mine shall submit to the Minister of the Environment, not later than March 31 in each year, a report in the form set out in Schedule 6, that shall include the following:

  • (a) the identifying information set out in Part 1 of that Schedule;

  • (b) the effluent monitoring results for the previous calendar year, including

    • (i) test results respecting each final discharge point, and

    • (ii) the results of acute lethality tests; and

  • (c) the following information regarding non-compliance:

    • (i) if the results of any effluent monitoring tests indicate that the maximum authorized concentrations set out in Schedule 4 were exceeded or that the pH of the effluent is less than 6.0 or greater than 9.5, the causes of that non-compliance and the remedial measures that are planned or that have been implemented, and

    • (ii) if the results of any acute lethality tests indicate that an effluent sample was determined to be acutely lethal, the remedial measures that are planned or that have been implemented.

  • SOR/2006-239, s. 11
  • SOR/2018-99, s. 21
 
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