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

17 [Repealed, SOR/2018-99, s. 15]

Obligation to Record All Test Results

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, section 8.1 of Reference Method EPS 1/RM/14 and section 9.1 of Reference Method STB 1/RM/60 for each acute lethality test.

Volume of Effluent

• 19 (1) The owner or operator of a mine shall record, in cubic metres, the total monthly volume of effluent deposited from each final discharge point for each month during which there was a deposit.

• (2) The total monthly volume of effluent deposited shall be either

  • (a) determined on the basis of the average of the flow rates, expressed in cubic metres per day, measured and calculated as follows:

    • (i) by measuring the flow rate at the same time as samples are collected under section 12,

    • (ii) by calculating the average monthly flow rate by adding the flow rate measurements taken during the month and dividing the total by the number of times the flow rate was measured, and

    • (iii) by multiplying the average monthly flow rate by the number of days during the month that effluent was deposited; or

  • (b) determined by using a monitoring system that provides a continuous measure of the volume of effluent deposited.

• (3) The owner or operator shall

  • (a) measure the flow rate or volume of effluent deposited by using a monitoring system that is accurate to within 15% of measured flow rate or volume; and

  • (b) maintain and calibrate the monitoring system at least once in each year and record the results, as well as the date on which and the manner in which the requirement to maintain and calibrate has been met.

Calculation of Monthly Mean Concentration and Loading

• 19.1 (1) With respect to the deleterious substances that are contained in the effluent deposited from each final discharge point, the owner or operator of a mine shall, for each month during which there is a deposit and during which samples are collected, record the monthly mean concentration

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

  • (b) in Bq/L for a deleterious substance referred to in paragraph 3(h).

• (2) If the analytical result from any test conducted under section 12 or 13 is less than the method detection limit used for that test, the test result shall be considered to be equal to one half of the detection limit used for the purpose of calculating the monthly mean concentration.

• 20 (1) With respect to the deleterious substances that are contained in the effluent deposited from each final discharge point, the owner or operator of a mine shall, for each month and for each calendar quarter during which there was a deposit and during which a sample is collected, record the loading

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

  • (b) in MBq for a deleterious substance referred to in paragraph 3(h).

• (2) The owner or operator shall determine the loading for each month using the following formula:

  ML = C × V / 1,000

  where

  ML

  is the loading for a month;

  C

  is the monthly mean concentration of the deleterious substance, recorded under section 19.1; and

  V

  is the total monthly volume of effluent deposited from each final discharge point, recorded under section 19.

• (3) The owner or operator shall determine the loading for each calendar quarter using the following formula:

  QL = C × V / 1,000

  where

  QL

  is the loading for a calendar quarter;

  C

  is the mean of the monthly mean concentrations of the deleterious substance for that calendar quarter, recorded under section 19.1; and

  V

  is the total volume of effluent deposited from each final discharge point during that calendar quarter, based on the sum of the total monthly volumes of effluent deposited from each final discharge point, recorded under section 19.

Reporting Monitoring Results

• 21 (1) The owner or operator of a mine shall submit to the Minister of the Environment an effluent monitoring report for all tests and monitoring conducted during each calendar quarter not later than 45 days after the end of the quarter.

• (2) Subject to subsection (3), the effluent monitoring report shall include

  • (a) 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 as required by section 18;

  • (a.1) for each acute lethality test that is conducted under section 14.4,

    • (i) the date and time when the effluent sample was collected,

    • (ii) the location of the final discharge point from which the sample was collected, and

    • (iii) the percentage mortality in 100% effluent test concentration;

  • (b) the concentration and monthly mean concentration of each deleterious substance prescribed in section 3 that is contained in the effluent samples collected under subsection 12(1) and the concentrations of such deleterious substances contained in the effluent samples collected under subsection 13(1) or (2);

  • (c) the pH of the effluent samples as required by subsection 12(1);

  • (d) whether a composite or grab sample collection method was used for each effluent sample as required by subsection 12(1);

  • (d.1) for each month of the calendar quarter, the number of days that effluent was deposited;

  • (e) the total volume of effluent deposited during each month of the reporting quarter as recorded under section 19;

  • (f) the mass loading of the deleterious substances prescribed in section 3 as recorded under section 20; and

  • (g) the results of the effluent characterization conducted under paragraph 15(1)(a).

• (3) If no effluent is deposited in a calendar quarter, the report shall only include a statement to that effect.

22 The owner or operator of a mine shall submit to the Minister of the Environment, not later than March 31 in each year, a report that shall include

• (a) the identifying information set out in Part 1 of Schedule 6;

• (b) the effluent monitoring results for the previous calendar year for each final discharge point, including

  • (i) for test results respecting the prescribed deleterious substances and the pH, the information set out in Part 2 of Schedule 6, and

  • (ii) for each acute lethality test,

    • (A) the date when the sample was collected,

    • (B) the location of the final discharge point from which the sample was collected, and

    • (C) the percentage mortality in 100% effluent test concentration; and

• (c) the following information regarding non-compliance:

  • (i) if the results of any effluent monitoring tests indicate that the maximum authorized concentrations set out in Schedule 4 were exceeded or that the pH of the effluent is less than 6.0 or greater than 9.5, the causes of that non-compliance and the remedial measures that are planned or that have been implemented, and

  • (ii) if the results of any acute lethality tests indicate that an effluent sample was determined to be acutely lethal, the remedial measures that are planned or that have been implemented.

23 Any report or information referred to in sections 7, 21 and 22 shall be submitted electronically in the format provided by the Department of the Environment, but the report or information shall be submitted in writing if

• (a) no such format has been provided; or

• (b) it is, owing to circumstances beyond the control of either the owner or the operator, impracticable to submit the report or information electronically in the format provided.

• 24 (1) The owner or operator of a mine shall notify an inspector without delay if the results of the effluent monitoring tests conducted under section 12 or 13, subsection 14(1) or section 15 or 16 indicate that

  • (a) the limits set out in Schedule 4 are being or have been exceeded;

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

  • (c) an effluent is acutely lethal.

• (2) The owner or operator shall provide a written report of the test results to the inspector within 30 days after the tests have been completed.

• (3) [Repealed, SOR/2018-99, s. 23]

Relief

• 25 (1) Any time period specified for collecting samples of effluent referred to in this Division may be extended if

  • (a) unforeseen circumstances cause safety concerns or access problems and render the collection of samples of effluent impracticable; and

  • (b) the owner or operator of a mine notifies an inspector, without delay, of the circumstances and indicates when they expect to be able to collect the samples.

• (2) The owner or operator shall collect the samples of effluent without delay when the circumstances permit.

DIVISION 3Notice, Records and Other Documents

End of Commercial Operation Notice

• 26 (1) The owner or operator of a mine shall notify the Minister of the Environment in writing of the day on which the mine has stopped commercial operation not later than 90 days after the end of commercial operation.

• (2) The owner or operator shall notify the Minister of the Environment in writing without delay if the mine returns to commercial operation.

Records, Books of Account or Other Documents

27 The owner or operator of a mine shall keep all records, books of account or other documents required by these Regulations at the mine for a period of not less than five years, beginning on the day on which they are made, including

• (a) records relating to all final discharge points, including any changes to those records;

• (b) records relating to effluent monitoring equipment, including the calibration of that equipment;

• (c) records relating to 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, section 8.1 of Reference Method EPS 1/RM/14 and section 9.1 of Reference Method STB 1/RM/60;

• (d) compensation plans;

• (e) emergency response plans, including each update to the plan;

• (f) reports on any unauthorized deposits;

• (g) reports or other documents prepared and data collected for the purposes of environmental effects monitoring studies; and

• (h) records and reports of measurements with respect to the pH, temperature and concentration of any deleterious substance prescribed in section 3.

DIVISION 4Tailings Impoundment Areas

Compensation Plan

• 27.1 (1) The owner or operator of a mine shall, before depositing a deleterious substance into a tailings impoundment area that is set out in Schedule 2, submit to the Minister of the Environment a compensation plan that includes the information described in subsection (2) and obtain that Minister’s approval of the plan.

• (2) The purpose of the compensation plan is to offset the loss of fish habitat resulting from the deposit of any deleterious substance into the tailings impoundment area. It shall contain the following information:

  • (a) a description of the location of the tailings impoundment area and of fish habitat that will be affected by the deposit;

  • (b) a quantitative impact assessment of the deposit on fish habitat;

  • (c) a description of the measures to be taken to offset the loss of fish habitat;

  • (d) a description of the measures to be taken during the planning and implementation of the compensation plan to mitigate any potential adverse effects on fish habitat that could result from the plan’s implementation;

  • (e) a description of the measures to be taken to monitor the plan’s implementation;

  • (f) a description of the measures to be taken to verify the extent to which the plan’s purpose has been achieved;

  • (g) the time required to implement the plan that allows for the achievement of the plan’s purpose within a reasonable time; and

  • (h) an estimate of the cost of implementing each element of the plan.

• (3) The owner or operator of a mine shall submit with the compensation plan an irrevocable letter of credit issued by a recognized Canadian financial institution, or another equivalent financial guarantee, including a performance bond, to cover the costs of implementing the plan.

• (4) The Minister of the Environment shall approve the compensation plan if it meets the requirements of subsection (2) and the owner or operator of a mine has complied with subsection (3).

• (5) The owner or operator of a mine shall ensure that the compensation plan approved by the Minister of the Environment is implemented and, if the compensation plan’s purpose is not being achieved, the owner or operator shall inform the Minister of the Environment.

• (6) If the compensation plan’s purpose is not being achieved, the owner or operator of a mine shall, as soon as practicable in the circumstances, identify and implement all necessary remedial measures to ensure that the purpose is achieved.

Deposits from Tailings Impoundment Areas

• 28 (1) The owner or operator of a mine shall deposit effluent from a tailings impoundment area only through a final discharge point that is monitored and reported on in accordance with the requirements of these Regulations.

• (2) The owner or operator of a mine shall comply with section 6 and the conditions prescribed in paragraphs 4(1)(a) to (c) for all effluent that exits a tailing impoundment area.

PART 3Unauthorized Deposits

29 [Repealed, SOR/2018-99, s. 25]