Issuance of Transitional Authorization
35. (1) An authorization officer shall issue to the owner or operator of a mine a transitional authorization, if
(a) the owner or operator is entitled to make the application under subsections 34(1) to (3) and has complied with subsection 34(4) or (5), as applicable; and
(b) any construction of facilities and the implementation of the procedures described by the owner or operator under paragraph 34(4)(b) or (5)(b), as applicable will result in the deposit of an effluent that complies with the requirements prescribed in paragraphs 4(1)(a) to (c).
(2) The authorization officer shall issue a transitional authorization in the form set out in Schedule 8 and provide in the authorization
(a) for the deposit of acutely lethal effluent, the information required by Part 1 of Schedule 8; and
(b) for the deposit of effluent that contains a deleterious substance set out in column 1 of Schedule 4, the information required by Part 2 of Schedule 8, including the maximum concentration of the deleterious substances and the pH range of the effluent the determination of which are specified in that Schedule.
(3) Authorization officers shall maintain a public record of all transitional authorizations issued for mines located in the province where they perform their functions.
Transitional Authorization Obligations
36. An owner or operator of a mine who has been issued a transitional authorization
(a) shall comply with sections 6 to 27 and, if the mine is depositing effluent into a tailings impoundment area, subsection 28(1);
(b) shall start the construction of the facilities and implement the procedures referred to in paragraph 34(4)(b) or (5)(b), as applicable, in a timely manner;
(c) shall report to the authorization officer, without delay, any change in the information provided under subsection 34(4) or (5);
(d) shall not deposit effluent that contains a deleterious substance set out in column 1 of Schedule 4 that exceeds the maximum concentration that is specified in the transitional authorization or has a pH that is outside the pH range specified in the transitional authorization; and
(e) shall not deposit effluent that is acutely lethal unless authorized to do so in the transitional authorization.
Transitional Authorization Reporting
37. (1) The owner or operator of a mine with a valid transitional authorization shall notify an inspector without delay if
(a) an effluent that contains a deleterious substance set out in column 1 of Schedule 4 exceeds the concentration or is outside the pH range that is specified in the transitional authorization; or
(b) an acutely lethal effluent is being or has been deposited, unless the deposit of acutely lethal effluent is authorized in the transitional authorization.
(2) The owner or operator shall provide to the inspector a written report of any test results which identified that the effluent contains a deleterious substance or is acutely lethal under subsection (1) within 30 days after the tests have been completed.
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