Metal and Diamond Mining Effluent Regulations — 9
9 (1) Biological monitoring studies shall include (a) a study respecting fish population, if the highest concentration of effluent in the exposure area, during a period in which there are deposits, is greater than 1% at any location that is 250 m from a point at which the effluent enters the area from a final discharge point, unless the results of the previous two biological monitoring studies indicate (i) for all effect indicators with no assigned critical effect size, no effect on the fish population, and (ii) for all effect indicators with an assigned critical effect size, no effect on the fish population or an effect on the fish population the absolute value of the magnitude of which is less than the absolute value of its assigned critical effect size; (b) a study respecting the benthic invertebrate community, if the highest concentration of effluent in the exposure area, during a period in which there are deposits, is greater than 1% at any location that is 100 m from a point at which the effluent enters the area from a final discharge point, unless the results of the previous two biological monitoring studies indicate (i) for all effect indicators with no assigned critical effect size, no effect on the benthic invertebrate community, and (ii) for all effect indicators with an assigned critical effect size, no effect on the benthic invertebrate community or an effect on the benthic invertebrate community the absolute value of the magnitude of which is less than the absolute value of its assigned critical effect size; (c) a study respecting fish tissue mercury, if (i) effluent characterization reveals an annual mean concentration of total mercury in the effluent that is equal to or greater than 0.10 µg/L, based on a calendar year, unless the results of the previous two biological monitoring studies indicate no effect on fish tissue from mercury, or (ii) the method detection limit used in respect of mercury for the analysis of at least two of four effluent samples in a calendar year is equal to or greater than 0.10 µg/L; (d) a study respecting fish tissue selenium, if (i) effluent characterization reveals a concentration of total selenium in the effluent that is equal to or greater than 10 µg/L, (ii) effluent characterization reveals an annual mean concentration of total selenium in the effluent that is equal to or greater than 5 µg/L, based on a calendar year, or (iii) the method detection limit used in respect of selenium for the analysis of any effluent sample is equal to or greater than 10 µg/L, or the method detection limit used in respect of selenium for the analysis of at least two of four effluent samples in a calendar year is equal to or greater than 5 µg/L; and (e) if the cause of any effect on the fish population, on fish tissue from mercury or on the benthic invertebrate community is not known, a study that will be used to determine the cause of the effect if (i) the results of the previous two biological monitoring studies indicate a similar type of effect, and (ii) for an effect indicator with an assigned critical effect size, the absolute value of the magnitude of the effect is equal to or greater than the absolute value of its critical effect size in either of those studies. (2) If the results of the previous two biological monitoring studies are used to lift the requirement to conduct a study under any of paragraphs (1)(a), (b), (c) or (e), the earlier of those two studies shall not be used to lift a requirement to conduct a subsequent study. (3) For the purposes of subsection (1), the concentration of effluent shall be determined or the effluent characterization shall be carried out, as the case may be, (a) in the case of the first biological monitoring studies, beginning on the day on which the mine becomes subject to section 7 of these Regulations and ending on the day before the day on which the first study design is required to be submitted; and (b) for any subsequent biological monitoring studies, beg