Metal and Diamond Mining Effluent Regulations

16 (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.