Metal Mining Effluent Regulations (SOR/2002-222)

15. (1) If a sample of effluent is determined to be acutely lethal when tested under paragraph 14(1)(a), 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 paragraph 14(1)(a) and record the concentrations of the deleterious substances set out in column 1 of Schedule 4;

• (b) collect, from the final discharge point from which the sample was determined to be acutely lethal, a grab sample twice a month and, without delay, conduct an acute lethality test on each grab sample in accordance with the procedure set out in section 6 of Reference Method EPS 1/RM/13 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 set out in column 1 of Schedule 4; 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).

16. (1) The owner or operator of a mine may reduce the frequency of conducting acute lethality tests prescribed in paragraph 14(1)(a) to once in each calendar quarter if the effluent is determined not to be acutely lethal over a period of 12 consecutive months.

(2) For the purpose of determining whether effluent is acutely lethal in the 12-month period referred to in subsection (1), the owner or operator shall use the results of the acute lethality tests conducted under paragraph 14(1)(a).

(3) Despite subsection (2), for the purpose of determining whether effluent is acutely lethal in the 12-month period referred to in subsection (1), the owner or operator may also use acute lethality data collected during twelve consecutive months prior to June 6, 2002, if the owner or operator submits a report to the authorization officer that indicates that the data

• (a) meets the quality assurance requirements of Reference Method EPS 1/RM/13;

• (b) relates to effluent generated after the start of commercial operation by the mine; and

• (c) was collected not more than 36 months before June 6, 2002.

(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 while the testing is proceeding in accordance with subsection (1), the owner or operator shall increase the frequency and conduct the testing as prescribed in section 15.