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

PART 2Conditions Governing Authority to Deposit (continued)

DIVISION 2Effluent Monitoring Conditions (continued)

Deleterious Substance and pH Testing (continued)

  •  (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 or zinc 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.

  • (2) The owner or operator of a mine, other than an uranium mine, may reduce the frequency of conducting tests relating to the concentration of radium 226 at a final discharge point to not less than once in each calendar quarter, each test being conducted at least one month apart, if the concentration of radium 226 at that final discharge point is less than 0.037 Bq/L for 10 consecutive weeks.

  • (3) The owner or operator of a mine shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at a final discharge point to the frequency prescribed in section 12

    • (a) in the case of a deleterious substance mentioned in subsection (1), if that substance’s monthly mean concentration at that final discharge point is equal to or greater than 10% of the value set out in column 2 of Schedule 4; and

    • (b) in the case of radium 226, if the concentration of radium 226 at that final discharge point is equal to or greater than 0.037 Bq/L.

  • (4) The owner or operator of a mine shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at all final discharge points to the frequency prescribed in section 12 for all the substances mentioned in subsections (1) and (2) if the owner or operator

    • (a) fails to perform a test required under those subsections in accordance with the prescribed frequency; or

    • (b) fails to submit a report required under subsection 21(1) or section 22 within the prescribed time.

  • (5) If the owner or operator of a mine changes the location of a final discharge point, the owner or operator shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at that final discharge point to the frequency prescribed in section 12 for all the deleterious substances mentioned in subsections (1) and (2).

  • (6) The owner or operator of a mine who reduces the frequency of conducting tests under subsection (1) or (2) shall

    • (a) notify the Minister of the Environment, in writing, at least 30 days in advance, of that fact;

    • (b) select and record the sampling dates not less than 30 days in advance of collecting the samples of effluent; and

    • (c) collect the sample on the selected day except if, owing to unforeseen circumstances, they cannot sample on that day, in which case, they shall do so as soon as practicable after that day.

  • SOR/2006-239, s. 6
  • SOR/2018-99, s. 9

Acute Lethality Testing

General
  •  (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 and 14.2.

  • (2) For the purposes of subsection (1), the owner or operator of a mine

    • (a) shall select and record the sampling date not less than 30 days in advance of collecting the grab sample;

    • (b) shall collect the sample on the selected day except if, owing to unforeseen circumstances, they cannot sample on that day, in which case, they shall do so as soon as practicable after that day; and

    • (c) shall collect the grab samples not less than 15 days apart.

  • (3) When collecting a grab sample of effluent for the purposes of subsection (1), the owner or operator of a mine shall collect a sufficient volume of effluent to enable the owner or operator to comply with paragraph 15(1)(a).

  • SOR/2006-239, s. 7
  • SOR/2011-92, s. 4
  • SOR/2012-22, s. 3
  • SOR/2018-99, s. 10
Acute Lethality Test — Rainbow Trout

 Unless the salinity value of the effluent is equal to or greater than ten parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall 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/13.

  • SOR/2018-99, s. 10
Acute Lethality Test — Threespine Stickleback

 If the salinity value of the effluent is equal to or greater than ten parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall 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/10.

  • SOR/2018-99, s. 10

Increased Frequency of Acute Lethality Testing

  •  (1) If an effluent sample is determined to be acutely lethal by an acute lethality test, the owner or operator of a mine shall

    • (a) without delay, 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) and record the concentrations of the deleterious substances prescribed in section 3;

    • (b) collect, from the final discharge point from which the effluent sample that was determined to be acutely lethal was collected, a grab sample twice a month and, without delay after collecting the sample, 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, then conduct the effluent characterization set out in subsection 4(1) of Schedule 5 and record the concentrations of the deleterious substances prescribed in section 3; and

    • (c) collect the grab samples not less than seven days apart.

  • (2) The owner or operator may resume sampling and testing at the frequency prescribed in section 14 if the effluent is determined not to be acutely lethal in three consecutive tests conducted under paragraph (1)(b).

  • SOR/2006-239, s. 8
  • SOR/2018-99, s. 12

Reduced Frequency of Acute Lethality Testing

  •  (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.

  • SOR/2012-22, s. 4
  • SOR/2018-99, s. 14

Daphnia magna Monitoring Tests

  •  (1) 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 conduct Daphnia magna monitoring tests in accordance with the procedure set out in section 5 or 6 of Reference Method EPS 1/RM/14 at the same time that the acute lethality tests are conducted under section 14, 15 or 16 of these Regulations.

  • (2) The owner or operator shall conduct Daphnia magna monitoring tests on the aliquots of each effluent sample collected for the acute lethality tests.

  • SOR/2018-99, s. 15

Obligation to Record All Test Results

 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 and Daphnia magna monitoring tests that are conducted to monitor deposits from final discharge points.

  • SOR/2018-99, s. 16

Volume of Effluent

  •  (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.

  • SOR/2006-239, s. 9
  • SOR/2012-22, s. 5
  • SOR/2018-99, s. 17
 
Date modified: