Metal and Diamond Mining Effluent Regulations

34 (1) The owner or operator of a mine may apply to an authorization officer for a transitional authorization that permits the deposit of

• (a) an acutely lethal effluent, unless another law of the jurisdiction where the mine is located requires that the mine produce a non-acutely lethal effluent;

• (b) an effluent containing any concentration of a deleterious substance that is set out in any of items 1 to 8 of Schedule 4, unless another law of the jurisdiction where the mine is located requires that the mine produce an effluent containing the deleterious substance in a concentration that is equal to or less than the limits set out in Schedule 4; and

• (c) an effluent of any pH, unless another law of the jurisdiction where the mine is located requires that the mine produce an effluent with a pH equal to or greater than 6.0 but not greater than 9.5.

(2) Despite paragraph (1)(a), the owner or operator may apply for a transitional authorization to deposit acutely lethal effluent only if the mine produced such an effluent at any time during the 12-month period preceding the application.

(3) The owner or operator of a mine may apply to an authorization officer for a transitional authorization that permits only the deposit of an effluent containing any concentration of total suspended solids, but may not apply if another law of the jurisdiction where the mine is located requires that the mine produce an effluent containing total suspended solids in a concentration equal to or less than the limits set out in Schedule 4 or if, during the 12-month period preceding the application, the results of two consecutive effluent monitoring tests conducted under sections 12 to 16 indicate that

• (a) the concentration in the effluent of any of the deleterious substances referred to in any of items 1 to 6 or 8 of Schedule 4 exceeded the applicable authorized limits set out in that Schedule;

• (b) the pH of the effluent was less than 6.0 or greater than 9.5; or

• (c) the effluent was acutely lethal.

(4) The owner or operator referred to in subsection (1) shall submit an application for a transitional authorization not later than three months after June 6, 2002 and shall submit with the application,

• (a) the information required by Part 1 of Schedule 7 including, for the 12-month period preceding the application

  • (i) the monthly mean concentrations of the deleterious substances set out in column 1 of Schedule 4 that are contained in the effluent,

  • (ii) whether the effluent is acutely lethal, and

  • (iii) the pH of the effluent;

• (b) a description of the facilities and procedures that are necessary to deposit an effluent that complies with paragraphs 4(1)(a) to (c);

• (c) a proposed schedule for the construction of the facilities and implementation of the procedures; and

• (d) a signed statement of certification as set out in Part 2 of Schedule 7.

(5) The owner or operator referred to in subsection (3) shall submit an application for a transitional authorization not earlier than 24 months and not later than 27 months after June 6, 2002 and shall submit with the application

• (a) the information required by Part 1 of Schedule 7 including, for the 12-month period preceding the application,

  • (i) the monthly mean concentrations of the deleterious substances set out in column 1 of Schedule 4 that are contained in the effluent,

  • (ii) whether the effluent is acutely lethal, and

  • (iii) the pH of the effluent;

• (b) a description of the facilities and procedures that are necessary to deposit an effluent that complies with the concentrations referred to in item 7 of Schedule 4;

• (c) a proposed schedule for the construction of the facilities and implementation of the procedures;

• (d) a signed statement of certification as set out in Part 2 of Schedule 7; and

• (e) a statement of certification signed by the owner, the operator or their duly authorized representative indicating that there is no feasible alternative to the transitional authorization, based on documented engineering evidence.