Metal and Diamond Mining Effluent Regulations

13 (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 or zinc 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.