Metal and Diamond Mining Effluent Regulations

16 (1) The owner or operator of a mine may reduce the frequency of conducting acute lethality tests prescribed in paragraph 14(1)(a) to once in each calendar quarter if the effluent is determined not to be acutely lethal over a period of 12 consecutive months.

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

(3) Despite subsection (2), for the purpose of determining whether effluent is acutely lethal in the 12-month period referred to in subsection (1), the owner or operator may also use acute lethality data collected during twelve consecutive months prior to June 6, 2002, if the owner or operator submits a report to the authorization officer that indicates that the data

• (a) meets the quality assurance requirements of Reference Method EPS 1/RM/13;

• (b) relates to effluent generated after the start of commercial operation by the mine; and

• (c) was collected not more than 36 months before June 6, 2002.

(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 while the testing is proceeding in accordance with subsection (1), the owner or operator shall increase the frequency and conduct the testing as prescribed in section 15.