2. (1) These Regulations apply in respect of mines and recognized closed mines that
(a) at any time after June 6, 2002, exceed an effluent flow rate of 50 m3 per day, based on effluent deposited from all the final discharge points of the mine; and
(b) deposit a deleterious substance in any water or place referred to in subsection 36(3) of the Act.
(2) Despite subsection (1), these Regulations do not apply in respect of mines that stopped commercial operation before June 6, 2002, unless they are reopened after the registration of these Regulations, or in respect of placer mining operations.
- SOR/2012-22, s. 2.
3. For the purpose of these Regulations, the substances set out in column 1 of Schedule 4 and any acutely lethal effluent are prescribed as deleterious substances.
Authority to Deposit
4. (1) Subject to subsection (2), the owner or operator of a mine may deposit, or permit the deposit of, an effluent that contains a deleterious substance in any water or place referred to in subsection 36(3) of the Act if a transitional authorization permits the deposit or if
(a) the concentration of the deleterious substance in the effluent does not exceed the authorized limits set out in Schedule 4;
(b) the pH of the effluent is equal to or greater than 6.0 but is not greater than 9.5; and
(c) the deleterious substance is not an acutely lethal effluent.
(2) The authority in subsection (1) is conditional
(a) in the case of a transitional authorization that permits the deposit, on the owner or operator complying with section 36; and
(b) in the other case, on the owner or operator complying with sections 6 to 27.
Authority to Deposit in Tailings Impoundment Areas
5. (1) Despite section 4, the owner or operator of a mine may deposit or permit the deposit of waste rock or an effluent that contains any concentration of a deleterious substance and that is of any pH into a tailings impoundment area that is either
(a) a water or place set out in Schedule 2; or
(b) a disposal area that is confined by anthropogenic or natural structures or by both, other than a disposal area that is, or is part of, a natural water body that is frequented by fish.
(2) The authority in subsection (1) is conditional on the owner or operator complying with sections 7 to 28.
- SOR/2006-239, s. 2.
CONDITIONS GOVERNING AUTHORITY TO DEPOSIT
Prohibition on Diluting Effluent
6. The owner or operator of a mine shall not combine effluent with water or any other effluent for the purpose of diluting effluent before it is deposited.
Environmental Effects Monitoring
7. (1) The owner or operator of a mine shall conduct environmental effects monitoring studies of the potential effects of effluent on the fish population, on fish tissue and on the benthic invertebrate community in accordance with the requirements and within the periods set out in Schedule 5.
(2) The owner or operator shall record the results of the studies and submit the reports and required information to the authorization officer as set out in Schedule 5.
(3) The studies shall be performed using documented and validated methods, and their results interpreted and reported on in accordance with generally accepted standards of good scientific practice at the time that the studies are performed.
- SOR/2006-239, s. 3.
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