Metal and Diamond Mining Effluent Regulations (SOR/2002-222)

Regulations are current to 2019-06-20 and last amended on 2018-12-17. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2018-99, s. 2(4)

      • 2 (4) The definition acutely lethal in subsection 1(1) of the Regulations is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

        • (c) more than 50% of the Daphnia magna subjected to it for a period of 48 hours, when tested in accordance with the acute lethality test set out in section 14.3.

  • — SOR/2018-99, s. 2(6)

      • 2 (6) Section 1 of the Regulations is amended by adding the following after subsection (1):

        • (2) Every reference in these Regulations to column 1, 2, 3 or 4 of Schedule 4 shall be read as

          • (a) a reference to column 1, 2, 3 or 4 of Table 1 of Schedule 4, in the case of a mine to which subparagraph 4(1)(a)(i) applies; or

          • (b) a reference to column 1, 2, 3 or 4 of Table 2 of Schedule 4, in the case of a mine to which subparagraph 4(1)(a)(ii) applies.

  • — SOR/2018-99, ss. 3(2), (3)

      • 3 (2) Section 3 of the Regulations is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):

        • (i) un-ionized ammonia.

      • (3) Paragraph 4(1)(a) of the Regulations is replaced by the following:

        • (a) the concentration of the deleterious substance in the effluent does not exceed the maximum authorized concentrations that are set out in columns 2, 3 and 4 of

          • (i) Table 1 of Schedule 4, in the case of a mine in respect of which these Regulations apply for the first time on or after June 1, 2021 or in the case of a recognized closed mine that returns to commercial operation on or after June 1, 2021, or

          • (ii) Table 2 of Schedule 4, in any other case;

  • — SOR/2018-99, s. 4

    • 4 The Regulations are amended by adding the following after section 4:

      • 4.1 Paragraph 4(1)(c) does not apply in the case where the effluent is determined to be acutely lethal in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14 when the owner or operator of a mine is testing at the frequency prescribed in subsection 14(1), unless the effluent is determined to be acutely lethal in accordance with any other acute lethality test.

  • — SOR/2018-99, ss. 9(2) to (4)

      • 9 (2) Subsection 12(1) of the Regulations is replaced by the following:

          • 12 (1) The owner or operator of a mine shall, not less than once per week and at least 24 hours apart, collect from each final discharge point

            • (a) a grab sample or composite sample of effluent and record the pH of the sample at the time of its collection and record, without delay after collecting the sample, the concentrations of the deleterious substances prescribed in section 3 except un-ionized ammonia; and

            • (b) a grab sample of effluent and record the temperature and the pH of the sample at the time of its collection and record, without delay after collecting the sample, the concentrations of total ammonia expressed as nitrogen (N).

      • (3) Section 12 of the Regulations is amended by adding the following after subsection (3):

        • (4) The owner or operator of a mine shall determine and record the concentration of un-ionized ammonia, using the temperature, pH and concentration of total ammonia recorded under paragraph (1)(b), in accordance with the following formula:

          A (1/(1 + 10pKa-pH))

          where

          A
          is the concentration of total ammonia — which is the sum of un-ionized ammonia (NH3) and ionized ammonia (NH4+) — expressed in mg/L as nitrogen (N);
          pH
          is the pH of the effluent sample; and
          pKa
          is a dissociation constant calculated in accordance with the following formula:

          0.09018 + 2729.92/T

          where

          T
          is the temperature of the effluent sample in kelvin.
      • (4) Subsection 13(1) of the Regulations is replaced by the following:

          • 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, zinc or un-ionized ammonia 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.

  • — SOR/2018-99, ss. 10(2), (3)

      • 10 (2) Subsection 14(1) of the Regulations is replaced by the following:

          • 14 (1) Subject to section 15, the owner or operator of a mine shall collect, once a month, a grab sample of effluent from each final discharge point and determine whether the effluent is acutely lethal by conducting acute lethality tests on aliquots of each effluent sample in accordance with sections 14.1 to 14.3.

      • (3) Subsection 14(3) of the Regulations is replaced by the following:

        • (3) When collecting a grab sample of effluent for the purposes of subsection (1), the owner or operator of a mine shall

          • (a) collect a sufficient volume of effluent to enable the owner or operator to comply with paragraph 15(1)(a); and

          • (b) record the temperature and the pH of each grab sample of effluent at the time of the sample’s collection.

  • — SOR/2018-99, s. 11

    • 11 The Regulations are amended by adding the following after section 14.2:

      Acute Lethality Test — Daphnia Magna
      • 14.3 Unless the salinity value of the effluent is equal to or greater than four parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall, in addition to conducting the acute lethality test set out in section 14.1, determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14.

  • — SOR/2018-99, s. 12(2)

      • 12 (2) Paragraphs 15(1)(a) and (b) of the Regulations are replaced by the following:

        • (a) without delay,

          • (i) conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample collected under subsection 14(1),

          • (ii) record the concentration of total ammonia and, using that concentration and using the temperature and pH recorded under paragraph 14(3)(b), determine the concentration of un-ionized ammonia in accordance with the formula set out in subsection 12(4), and

          • (iii) record the concentrations of the deleterious substances prescribed in section 3;

        • (b) collect a grab sample twice a month from the final discharge point from which the effluent sample determined to be acutely lethal was collected, record the temperature and the pH of each sample at the time of its collection and, without delay, conduct the acute lethality test that determined the effluent sample to be acutely lethal on each grab sample in accordance with the procedure set out in section 6 of the applicable reference method and, if the sample is determined to be acutely lethal, without delay,

          • (i) conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample,

          • (ii) record the concentration of total ammonia and, using that concentration and using the temperature and pH recorded under this paragraph, determine the concentration of un-ionized ammonia in accordance with the formula set out in subsection 12(4), and

          • (iii) record the concentrations of the deleterious substances prescribed in section 3; and

  • — SOR/2018-99, s. 13

    • 13 The Regulations are amended by adding the following after section 15:

      • 15.1 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.

  • — SOR/2018-99, s. 15(2)

      • 15 (2) Section 17 of the Regulations and the heading before it are repealed.

  • — SOR/2018-99, s. 16(2)

      • 16 (2) Section 18 of the Regulations is replaced by the following:

        • 18 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. 18(2)

      • 18 (2) Paragraph 19.1(1)(a) of the Regulations is replaced by the following:

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

  • — SOR/2018-99, s. 19(2)

      • 19 (2) Paragraph 20(1)(a) of the Regulations is replaced by the following:

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

  • — SOR/2018-99, s. 27(2)

      • 27 (2) Subsection 31.1(1) of the Regulations is replaced by the following:

          • 31.1 (1) If an unauthorized deposit of a deleterious substance occurs, the owner or operator of a mine shall, without delay, collect a grab sample of effluent at the place where the deposit occurred and determine whether the effluent is acutely lethal by conducting tests on aliquots of each effluent sample in accordance with sections 14.1 to 14.3.

  • — SOR/2018-99, s. 32(2)

      • 32 (2) Schedule 4 to the Regulations is replaced by the Schedule 4 set out in Schedule 2 to these Regulations.

        SCHEDULE 4(Subsection 1(2), subparagraphs 4(1)(a)(i) and (ii), subsection 13(1), paragraph 13(3)(a), subparagraph 22(c)(i) and paragraph 24(1)(a))Maximum Authorized Concentrations of Prescribed Deleterious Substances

        TABLE 1

        ItemColumn 1Column 2Column 3Column 4
        Deleterious SubstanceMaximum Authorized Monthly Mean ConcentrationMaximum Authorized Concentration in a Composite SampleMaximum Authorized Concentration in a Grab Sample
        1Arsenic0.10 mg/L0.15 mg/L0.20 mg/L
        2Copper0.10 mg/L0.15 mg/L0.20 mg/L
        3Cyanide0.50 mg/L0.75 mg/L1.00 mg/L
        4Lead0.08 mg/L0.12 mg/L0.16 mg/L
        5Nickel0.25 mg/L0.38 mg/L0.50 mg/L
        6Zinc0.40 mg/L0.60 mg/L0.80 mg/L
        7Suspended Solids15.00 mg/L22.50 mg/L30.00 mg/L
        8Radium 2260.37 Bq/L0.74 Bq/L1.11 Bq/L
        9Un-ionized ammonia0.50 mg/L expressed as nitrogen (N)Not applicable1.00 mg/L expressed as nitrogen (N)

        NOTE: The concentrations for items 1 to 8 are total values.

        TABLE 2

        ItemColumn 1Column 2Column 3Column 4
        Deleterious SubstanceMaximum Authorized Monthly Mean ConcentrationMaximum Authorized Concentration in a Composite SampleMaximum Authorized Concentration in a Grab Sample
        1Arsenic0.30 mg/L0.45 mg/L0.60 mg/L
        2Copper0.30 mg/L0.45 mg/L0.60 mg/L
        3Cyanide0.50 mg/L0.75 mg/L1.00 mg/L
        4Lead0.10 mg/L0.15 mg/L0.20 mg/L
        5Nickel0.50 mg/L0.75 mg/L1.00 mg/L
        6Zinc0.50 mg/L0.75 mg/L1.00 mg/L
        7Suspended Solids15.00 mg/L22.50 mg/L30.00 mg/L
        8Radium 2260.37 Bq/L0.74 Bq/L1.11 Bq/L
        9Un-ionized ammonia0.50 mg/L expressed as nitrogen (N)Not applicable1.00 mg/L expressed as nitrogen (N)

        NOTE: The concentrations for items 1 to 8 are total values.

  • — SOR/2018-99, ss. 33(2), (3)

      • 33 (2) Schedule 5 to the Regulations is amended by replacing the references after the heading “Schedule 5” with the following:

        (Subsections 7(1) and (3), subparagraphs 15(1)(a)(i) and (b)(i) and paragraph 32(1)(c))
      • (3) Subsection 4(1) of Schedule 5 to the Regulations is amended by adding “and” at the end of paragraph (n), by striking out “and” at the end of paragraph (o) and by repealing paragraph (p).

  • — SOR/2018-99, s. 34(1)

      • 34 (1) Part 2 of Schedule 6 to the Regulations is replaced by the following:

        PART 2Test Results Respecting Each Final Discharge Point

        • 1 Complete the following table with the monthly mean concentration for the deleterious substances set out in the table for each final discharge point and identify the location of the final discharge point.

        • 2 Any measurement not taken because there was no deposit from the final discharge point shall be identified by the letters “NDEP” (No Deposit).

        • 3 Any measurement not taken because no measurement was required in accordance with the conditions set out in section 12 or 13 of these Regulations shall be identified by the letters “NMR” (No Measurement Required).

        Location of final discharge point:
        Month

        As

        (mg/L)

        Cu

        (mg/L)

        CN

        (mg/L)

        Pb

        (mg/L)

        Ni

        (mg/L)

        Zn

        (mg/L)

        SS

        (mg/L)

        Ra 226

        (Bq/L)

        Un-ionized ammonia (mg/L, expressed as Nitrogen (N))

        Lowest

        pH

        Highest

        pH

        Effluent Volume

        (m3)

        Jan.
        Feb.
        Mar.
        Apr.
        May
        June
        July
        Aug.
        Sept.
        Oct.
        Nov.
        Dec.
  • — SOR/2018-99, s. 34(3)

      • 34 (3) Part 3 of Schedule 6 to the Regulations is replaced by the following:

        PART 3Results of Acute Lethality Tests

        Location of final discharge point:

        Date Sample Collected

        Results for Rainbow Trout Acute Lethality Tests

        (mean percentage mortality in 100% effluent test concentration)

        Results for Daphnia magna Acute Lethality Tests

        (mean percentage mortality in 100% effluent test concentration)

        Results for Threespine Stickleback Acute Lethality Tests

        (mean percentage mortality in 100% effluent test concentration)

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