Metal and Diamond Mining Effluent Regulations

30 (1) The owner or operator of a mine shall prepare an emergency response plan that describes the measures to be taken in respect of a deleterious substance within the meaning of subsection 34(1) of the Act to prevent any unauthorized deposit of such a substance or to mitigate the effects of such a deposit.

(2) The emergency response plan shall include the following elements:

• (a) the identification of any unauthorized deposit that can reasonably be expected to occur at the mine and that can reasonably be expected to result in damage or danger to fish habitat or fish or the use by man of fish, and the identification of the damage or danger;

• (b) a description of the measures to be used to prevent, prepare for, respond to and recover from a deposit identified under paragraph (a);

• (c) a list of the individuals who are to implement the plan in the event of an unauthorized deposit, and a description of their roles and responsibilities;

• (d) the identification of the emergency response training required for each of the individuals listed under paragraph (c);

• (e) a list of the emergency response equipment included as part of the plan, and the equipment’s location; and

• (f) alerting and notification procedures including the measures to be taken to notify members of the public who may be adversely affected by a deposit identified under paragraph (a).

(3) The owner or operator shall complete the emergency response plan and have it available for inspection no later than 60 days after the mine becomes subject to this section.

(4) The owner or operator shall update and test the emergency response plan at least once each year to ensure that the plan continues to meet the requirements of subsection (2).

(4.1) The owner or operator of a mine shall, each time the emergency response plan is tested, record the following information and keep the record for at least five years:

• (a) a summary of the test;

• (b) the test results; and

• (c) any modifications that are made to the plan as a consequence of the test.

(4.2) The owner or operator of a mine shall ensure that a copy of the most recent version of the emergency response plan is kept at the mine in a location that is readily available to the individuals who are responsible for implementing the plan.

(5) If a mine has not been subject to the requirements of this section for more than one year, a new emergency response plan shall be prepared and completed no later than 60 days after the day on which the mine again becomes subject to this section.