jswizzle3737/ontario_laws_and_regs huggingface dataset:
39. (1) A monitoring program shall demonstrate that, during closure of the site or portion of the site, contaminant concentrations in water draining from the site will not exceed the more stringent of, (a) concentration limits determined from existing environmental compliance approvals; and (b) the effluent limits prescribed under Ontario Regulation 560/94. (2) Despite subsection (1), if the limits referred to in subsection (1) are exceeded at the site discharge point or points, the closure plan shall be amended to specify the procedures that will be implemented to ensure that the limits are not exceeded. (3) If the limits specified in subsection (1) cannot practicably be achieved, it must be demonstrated to the satisfaction of the Director that contaminant loading will not be significant.
40. If aquatic life in the receiving water body has been adversely affected during the operating phase or the closure of the site, the closure plan shall be amended to specify the steps that will be taken to re-establish a diverse and viable aquatic community.
41. (1) Details of a monitoring program shall be established on a site-specific basis. (2) In determining specific details under subsection (1), the following shall be considered: 1. The size of the operation. 2. The characteristics of the ore. 3. The nature of the receiving watercourse. 4. Any other characteristics specific to the site that would influence monitoring requirements.
42. A mixing zone shall not be used as an alternative to reasonable and practical treatment.
43. Mixing zones shall be assessed on a site-specific basis, including the consideration of, (a) water quality; (b) seasonal stream-flow and current patterns; (c) physical factors; (d) biotic communities and habitat in and adjacent to the mixing zone; (e) nearby water uses such as bathing beaches and drinking water intakes; and (f) other waste-water discharges.
44. (1) Conditions within a mixing zone must not result in irreversible environmental damage, risk to ecosystem integrity or risk to human health. (2) Mixing zones shall not interfere with other water uses such as existing drinking water supply or recreation.
45. In order to protect important aquatic communities in the vicinity of mixing zones, no conditions shall be created within the mixing zone which, (a) are lethal to aquatic life in the mixing zone, in accordance with accepted testing procedures; (b) cause irreversible responses which could result in detrimental post-exposure effects; (c) result in bioconcentration of toxic materials which are harmful to the organism or its consumer; or (d) create a barrier to the migration of fish or other aquatic life.
46. To ensure the protection of acceptable aesthetic conditions, mixing zones should not contain, (a) materials which form objectionable deposits including scums, oil or floating debris; (b) substances producing objectionable colour, odour, taste or turbidity; (c) substances which produce or contribute to the production of objectionable growths of nuisance plants and animals; or (d) substances that render the mixing zone aesthetically unacceptable.
47. (1) Surface water chemical monitoring shall be conducted for the following: 1. Discharge or seepage exiting on-site sources. 2. Discharge or seepage exiting the property boundary. 3. On-site water bodies and water bodies downstream from the site. 4. Background reference sites. (2) Concentrations at the sites referred to in subsection (1) shall be monitored for at least the following: (a) pH; (b) conductivity; (c) total suspended solids; (d) total dissolved solids; (e) alkalinity; (f) acidity; (g) hardness; (h) cyanide; (i) ammonia; (j) sulphate; (k) aluminum (Al); (l) arsenic (As); (m) cadmium (Cd); (n) calcium (Ca); (o) copper (Cu); (p) iron (Fe); (q) lead (Pb); (r) mercury (Hg); (s) molybdenum (Mo); (t) nickel (Ni); and (u) zinc (Zn). (3) The monitoring requirements under subsection (2) may be reduced if it can be demonstrated scientifically that any of the tests are not applicable.
48. Additional physical or chemical tests must be considered where site specific characteristics warrant.
49. (1) The frequency of monitoring must be adequate to establish water chemical conditions on a site specific basis and must be sufficient to demonstrate the site’s chemical stability. (2) The applicability of the tests and the frequency of the monitoring must be certified by a qualified professional. PART 6 GROUND WATER MONITORING
50. The objective of this Part of the Code is to identify and characterize any potential impediments to beneficial use of ground water as a result of the presence of migration of contaminants.
51. (1) The hydrogeology of all mine sites shall be addressed in sufficient detail in a site ground water characterization study and shall be certified by a qualified professional. (2) The study specified under subsection (1) shall identify, (a) the expected uses of area ground water; (b) the existence or potential for development of ground water contamination; (c) the nature of the contamination; (d) the potential of contaminants to migrate; and (e) the degree of attenuation expected. (3) Where an existing or potential threat to the use of ground water exists, the magnitude of that threat shall be assessed and remediation methods shall be proposed.
52. (1) The site ground water study required under subsection 51 (1) shall contain the following, where applicable: 1. A topographic map showing, i. drainage patterns, ii. major watersheds, iii. tailings areas, iv. waste rock dumps, v. waste disposal sites, vi. fuel storage areas, vii. chemical storage areas, and viii. any other contaminant sources. 2. A topographic map identifying. i. the regional ground water flow regime, ii. all relevant ground water users, iii. sensitive receivers, and iv. all monitoring locations. (2) Contaminant migration, where applicable, shall be identified detailing, (a) migration direction; (b) rate of migration; (c) potential impact on receivers; and (d) calculated arrival times. (3) Monitoring wells, where required, shall be located to provide a baseline assessment of the local ground water regime and shall be used to assess the contaminant sources by monitoring ground water quality both up-gradient and down-gradient of the contaminant sources.
53. (1) Chemical monitoring of ground water shall be undertaken in sufficient detail to characterize contamination sources and to identify contaminants of concern and associated indicator tests. (2) The monitoring shall be carried out for at least the following: (a) pH; (b) conductivity; (c) total suspended solids; (d) alkalinity; (e) acidity; (f) hardness; (g) cyanide; (h) ammonia; (i) sulphate; (j) aluminum (Al); (k) arsenic (As); (l) cadmium (Cd); (m) calcium (Ca); (n) copper (Cu); (o) iron (Fe); (p) lead (Pb); (q) mercury (Hg); (r) molybdenum (Mo); (s) nickel (Ni); and (t) zinc (Zn). (3) The monitoring requirements under subsection (2) may be reduced if it can be demonstrated scientifically that any of the tests are not applicable.
55. (1) The frequency of monitoring must be adequate to establish ground water chemical conditions on a site specific basis with due regard to seasonal variability and must be sufficient to demonstrate the site’s chemical stability. (2) The applicability of the tests and the frequency of the monitoring must be certified by a qualified professional. PART 7 METAL LEACHING AND ACID ROCK DRAINAGE REQUIREMENTS
56. The objective of this Part of the Code is to determine the potential for significant metal leaching (ML) or acid rock drainage (ARD) and, if necessary, to ensure the development and implementation of effective prevention, mitigation and monitoring strategies.
57. (1) A program shall be undertaken to sample all materials remaining on the site that have been excavated, exposed or otherwise disturbed by mining activities, including but not limited to, (a) drill core; (b) metallurgical samples; (c) pit walls; (d) existing waste rock, ore, concentrate and overburden piles; (e) construction rock; and (f) tailings. (2) The sampling program shall be conducted by a person who is qualified in Ontario as a professional geoscientist, professional agrologist or professional engineer in accordance with a report prepared by William A. Price on behalf of the Mine Environment Neutral Drainage (MEND) program, entitled “Prediction Manual for Drainage Chemistry from Sulphidic Geologic Materials”, MEND Report 1.20.1, dated December, 2009, as that report may be amended from time to time, and, (a) available on a website maintained by the Mine Environment Neutral Drainage (MEND) program; or (b) available from the Ministry upon request.
58. Testing of the materials sampled pursuant to section 57 of this Schedule and the interpretation of the data shall be conducted in accordance with the documents listed in subsection 57 (2), and shall be certified by a person who is qualified as a professional geoscientist or agrologist or as a professional engineer having geological and geochemical experience.
59. (1) Where the interpretation indicates that the materials have the potential for ML or ARD, a management plan shall be developed to ensure that these materials do not adversely affect the quality of the environment. (2) In order to ensure the chemical and physical stability of the ML or ARD generating materials and that the quality of the environment is protected, the management plan shall consider, where appropriate, (a) the design and construction of covers and diversion works; and (b) the use of passive and active treatment systems. (3) In order to meet the objectives of the closure plan, wet and dry covers for materials that have ML or ARD potential shall be designed and constructed in accordance with best engineering practices and be certified by a qualified professional engineer. (4) Analytical models shall be used to predict the performance of wet and dry covers for the materials mentioned in subsection (3) and a monitoring program shall be put in place to test the results predicted by the analytical models used. PART 8 PHYSICAL STABILITY MONITORING
60. The objective of this Part of the Code is to ensure the safety of the site by requiring that all lands, water management structures and other mine-related structures are left in a stable condition.
61. (1) All mine-related structures and workings shall be monitored for physical stability during all stages of closure until the site is closed out, including, (a) crown pillars; (b) open pits, including slope stability; (c) rock and overburden piles; (d) tailings dams; (e) water management structures; (f) surface structures; and (g) surface openings. (2) Any mine-related structure or working that is determined not to be physically stable shall be forthwith protected and remediated.
62. The physical stability of all underground mine workings, such as crown pillars, glory holes, shafts, adits and plugs shall be monitored, (a) for tension cracks, scarps and changes in drainage patterns; (b) for any enlargement or other changes in existing tension cracks or scarps; (c) where mine features or overlying structures may be affected by rising water levels, for the water filling rate by measuring and recording water levels; and (d) for subsidence or other instability by conducting accurate ground surveys involving the installation of appropriate instrumentation or the use of geophysical techniques.
63. The physical stability of all open pits, including quarries, open cuts and trenches, shall be monitored for at least the following: 1. Slope stability by, i. inspecting for and identifying tension cracks at the crest of slopes and signs of new or ongoing failure and gully erosion, ii. surveying or instrumenting if critical rates of slope movement are reached. 2. The water filling rate by measuring water levels.
64. The physical stability of all stockpiles including rock, ore waste, concentrate or other mine development piles shall be monitored for at least the following. 1. Slope stability by, i. inspecting for tension cracks at the crest of any slopes, ii. inspecting for signs of new or ongoing failure, iii. inspecting for rill or gully erosion. 2. Cover stability by inspecting for, i. erosion, and ii. the stability of vegetation.
65. The physical stability of all tailings impoundment areas, dams and underdrains shall be monitored for at least the following: 1. Surface erosion, including gully or wind erosion. 2. Vegetation cover growth. 3. Tension cracks at the crest of any slopes. 4. Signs of new or ongoing failure. 5. Seepage stains. 6. Piping failure. 7. Bulging of slopes. 8. Sloughing of crests. 9. Drainage for suspended solids. 10. Settlement, seepage increases or internal deformation which may require surveying or instrumentation. 11. Water discharge by measuring discharge rates and comparing to design flows.
66. The physical stability of all water management structures, including ditches and spillways, shall be monitored, (a) for erosion; (b) for blockage or potential blockage caused by sediment, ice, debris accumulation or animal activity; and (c) for deterioration of materials.
67. (1) For temporarily suspended or inactive sites, the physical stability of all surface structures shall be monitored for structural integrity. (2) The frequency of monitoring must be adequate to identify stability problems and must be sufficient to demonstrate a safe environment if inadvertent access occurs. PART 9 REVEGETATION
68. (1) The objectives of this Part are to, (a) stabilize surface materials and provide protection from wind and water erosion; (b) improve the appearance and aesthetics of the site; (c) enhance natural vegetation growth and establish self-sustainable vegetation growth; and (d) support the designated end use of the site. (2) A site shall not be considered to be closed out until sufficient vegetative growth, where specified in the closure plan, has been achieved to meet the objectives stated in subsection (1).
69. When determining the appropriate revegetation measure for a site, the following shall be considered: 1. Future land use. 2. Climatic conditions including mean daily temperature, frost free period, growing season, amount and timing of precipitation and the prevailing wind. 3. The size of the area requiring revegetation in order to assess materials requirements. 4. Presence of waterbodies, sensitive ecosystems or other special considerations. 5. Availability of stockpiled materials for revegetation. 6. Success of natural revegetation and species present. 7. Need for contouring or engineering works to ensure proper drainage or re-establish previous drainage. 8. Presence of erosion prone areas, and necessity for erosion control work. 9. Soil characteristics including texture, pH, moisture regime, and content of nutrients and organic matter. 10. Use of native species.
70. Wherever practicable, soils on the site that are displaced due to mining activities shall be stored appropriately for use in revegetating the site.
71. When revegetating waste rock storage areas, tailings dams or other steeply sloped features, the following specific measures shall be considered, where appropriate: 1. Contouring to mimic local topography and blend into surrounding landscape. 2. The application of soil to a depth sufficient to maintain root growth and nutrient requirements. 3. The incorporation of organic materials, mulches and fertilizers based upon soil assessment. 4. The scarification or ripping of flat surfaces which may have been compacted by heavy equipment. 5. Improving site drainage to prevent water erosion on rehabilitated areas. 6. Establishing windbreaks to prevent wind erosion on rehabilitated areas. 7. Contouring and sloping of impoundment areas must be integrated with engineering design.
72. When revegetating tailings surfaces, the following rehabilitation measures shall be considered, where appropriate: 1. Contouring to provide accessibility and good surface drainage while controlling surface erosion. 2. Removing any crests prone to wind erosion or creating/planting live wind breaks. 3. The scarification or ripping of crusted surfaces. 4. The incorporation of organic materials and mulches. 5. Correcting the pH and adding fertilizer based upon soil assessment and vegetation requirements. 6. Applying soils or a gravel barrier.
73. When revegetating mill or building sites or other concrete structures, the following rehabilitation measures shall be considered for implementation after the decontamination and removal of buildings: 1. Applying topsoil on the fill material to provide an appropriate growth medium to a depth sufficient to maintain root growth and nutrient requirements. 2. Scarifying areas of the site that have been heavily compacted by large equipment. 3. Adding soil amendments based upon soil assessment and vegetation requirements.
74. When revegetating transportation or utility corridors or other disturbed areas, the following rehabilitation measures shall be considered for implementation: 1. Scarifying or ripping corridors after they are no longer required for site inspection and monitoring, after any infrastructure has been removed and after decontamination, if applicable, so that vegetation can be established. 2. Grading and contouring to fit the surrounding landscape. 3. Applying topsoil and other amendments at some locations to improve initial growth and the establishment of a sustainable community.
75. When revegetating sites containing reactive materials, (a) all dust and erosion shall be controlled; and (b) the application of an appropriate measure such as a capillary break consisting of coarse rock or an impermeable layer, covered with an appropriate growth medium and revegetated, may be required where the upward movement of acidic pore water and heavy metals may inhibit plant growth.
76. Where alternative measures are to be utilized, other than those given under sections 71, 72, 73, 74 and 75, such measures shall be proposed and certified by an appropriate qualified professional.
78. Once vegetation has been established, annual inspection shall be conducted to determine any necessary repairs, and to review the progress toward development of a self sustaining ecosystem.
36. (1) All persons engaged in the design, construction, maintenance and decommissioning of tailings dams and other containment structures shall give due regard to the procedures and requirements set out in the following documents published by the Canadian Dam Association, as they are amended from time to time: 1. Dam Safety Guidelines 2007 (2013 Edition). 2. Technical Bulletin: Application of Dam Safety Guidelines to Mining Dams, 2014. 3. CDA Dam Safety Guidelines Technical Bulletin: Inundation, Consequences and Classification for Dam Safety, 2007. 4. CDA Dam Safety Guidelines Technical Bulletin: Surveillance of Dam Facilities, 2007. 5. CDA Dam Safety Guidelines Technical Bulletin: Flow Control Equipment for Dam Safety, 2007. 6. CDA Dam Safety Guidelines Technical Bulletin: Dam Safety Analysis and Assessment, 2007. 7. CDA Dam Safety Guidelines Technical Bulletin: Hydrotechnical Considerations for Dam Safety, 2007. 8. CDA Dam Safety Guidelines Technical Bulletin: Seismic Hazard Considerations for Dam Safety, 2007. 9. CDA Dam Safety Guidelines Technical Bulletin: Geotechnical Considerations for Dam Safety, 2007. 10. CDA Dam Safety Technical Bulletin: Structural Considerations for Dam Safety, 2007. 11. CDA Technical Bulletin: Dam Safety Reviews, 2016. (2) Details of the consideration given under subsection (1) shall be provided in the closure plan. PART 5 SURFACE WATER MONITORING
77. (1) Inspection of the revegetated area shall be conducted semi-annually following initial planting until vegetation is successfully established. (2) Soil analysis for nutrients and pH shall be conducted annually in the spring until the vegetation is successfully established. (3) Areas showing evidence of erosion, sedimentation or slope failure shall be restored. (4) Evidence of excessive vegetation stress or poorly established areas require reassessment of the revegetation program and implementation of additional measures to ensure successful revegetation.
54. Additional physical or chemical tests must be considered where site specific characteristics warrant.