4. Notwithstanding section 3, the concentration of asbestos fibres referred to in paragraph 3(1)(a) or (b) may, in the event of a malfunction or breakdown in the air pollution control equipment or the process equipment associated with the operations or storage referred to in that paragraph, be exceeded for not more than

• (a) 30 minutes, in the case of a single malfunction or breakdown;

• (b) a total of one hour per month, in the case of crushing or milling operations or dry rock storage; and

• (c) a total of two hours per month, in the case of drying operations.

5. The Minister may request the owner or operator of a mine or mill to submit to the Minister

• (a) information and samples respecting the operation of the mine or mill;

• (b) information respecting the malfunction or breakdown of the air pollution control equipment or process equipment of the mine or mill; or

• (c) information respecting the air pollution control equipment of the mine or mill.

• 6. (1) Where, pursuant to paragraph 5(a), the Minister requests information respecting the operation of a mine or mill, the owner or operator of the mine or mill shall submit to the Minister the information required by the Mine or Mill Release Measurement Report set out in Schedule I.

• (2) The report referred to in subsection (1) shall be submitted in respect of samples taken from the appropriate sources at the mine or mill during the 60 days immediately preceding the date on which the information is required to be submitted to the Minister pursuant to subsection (3).

• (3) The report referred to in subsection (1) shall be submitted at intervals of

  • (a) six months, in respect of milling operations, and

  • (b) 12 months, in respect of crushing and drying operations, dry rock storage and primary dry drilling,

  such intervals to commence three months after the request is made by the Minister.

• (4) For the purposes of this section, samples shall be taken in accordance with the applicable method described in subsections 3(2) to (6).

• (5) For the purposes of this section, and at the request of the Minister, the samples shall be taken in the presence of an enforcement officer.

• 7. (1) Where, pursuant to section 5, the Minister requests samples of gas streams released into the ambient air from a mine or mill and such related information as will enable the Minister to cause analyses to be made of the concentration of asbestos fibres in the gas streams, the owner or operator of the mine or mill shall obtain the samples at regular six month intervals in accordance with the appropriate method described in Standard Reference Methods for Source Testing: Measurement of Emissions of Asbestos from Mining and Milling Operations; Department of Fisheries and Environment Report EPS-1-AP-75-1 dated December 1976, as amended from time to time and shall forthwith submit the samples and related information to the Minister.

• (2) For the purposes of subsection (1), at the request of the Minister, the samples shall be obtained in the presence of an enforcement officer.