3. (1) This Regulation applies with respect to every plant that is a metal mining plant and that, on or after August 25, 1994, discharges a total volume of process effluent, cooling water effluent and overflow effluent of more than 50 cubic metres. (2) Subject to subsection (4), this Regulation continues to apply to a plant described in subsection (1) even if, (a) production at the plant is interrupted; or (b) the total volume of process effluent, cooling water effluent and overflow effluent discharged from the plant is subsequently reduced to less than 50 cubic metres. (3) Despite subsection (1), as of May 2, 1996 this Regulation does not apply to a plant that, (a) ceased production permanently before August 26, 1994; or (b) “closed out” as defined in subsection 139 (1) of the Mining Act before May 2, 1996. (4) This Regulation ceases to apply to a plant described in subsection (1) on the day on which the plant begins “temporary suspension” as defined in subsection 139 (1) of the Mining Act and begins to apply to the plant again 30 days after production resumes. (5) This Regulation ceases to apply to a plant described in subsection (1) 10 days after the day on which production at the plant ceases permanently. (6) In the case of a planned permanent cessation, each discharger shall provide notice of the cessation to the Director before the cessation. (7) A notice under subsection (6) shall include the date on which the discharger plans to cease production. (8) In the case of an unplanned permanent cessation, each discharger shall provide notice of the cessation within 10 days of the cessation. (9) A notice under subsection (8) shall include the date of the cessation. (10) This Regulation does not apply with respect to the discharge of effluent to a municipal sanitary sewer or municipal storm sewer.  O. Reg. 169/96, s. 2. Requirements under Approvals, Orders, etc.

4. For greater certainty, subject to subsection 186 (4) of the Act, the requirements of this Regulation are in addition to and independent of requirements in an approval, order, direction or other instrument issued under any Act.  O. Reg. 169/96, s. 2. Non-application of General Effluent Monitoring Regulation

5. This Regulation is not a Sectoral Effluent Monitoring Regulation within the meaning of Ontario Regulation 695/88.  O. Reg. 560/94, s. 5. By-passes

6. (1) Beginning on August 26, 1997, a discharger shall not permit effluent that would ordinarily flow past a sampling point established under this Regulation to be discharged from the discharger’s plant without flowing past that sampling point, regardless of whether it would be convenient to do so because of a maintenance operation, a breakdown in equipment or any scheduled or unscheduled event.  O. Reg. 169/96, s. 3. (2) A discharger shall not permit overflow effluent to be discharged from the discharger’s plant unless it is unavoidable as a result of an extraordinary thaw or storm event.  O. Reg. 560/94, s. 6 (2). Sampling and Analytical Procedures — General

7. (1) Subject to section 21, each discharger shall carry out the establishment of sampling point obligations of this Regulation and the sampling and analysis obligations of this Regulation, including quality control sampling and analysis obligations, in accordance with the procedures described in the Ministry of the Environment publication entitled “Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater”, as amended from time to time.  O. Reg. 234/07, s. 1. (2) Each discharger shall maintain the sampling equipment used at the discharger’s plant for sampling required by this Regulation in a way that ensures that the samples collected at the plant under this Regulation accurately reflect the level of discharge of each limited parameter and assessment parameter from the plant.  O. Reg. 560/94, s. 7 (2). PART II   SAMPLING POINTS Establishment and Elimination of Sampling Points

8. (1) Each discharger shall establish, within the time requirements specified in subsections (7) and (8), a sampling point on each process effluent, cooling water effluent and overflow effluent stream at the discharger’s plant, as necessary so that the plant loadings calculated under sections 12, 13 and 14 for each limited parameter and assessment parameter and the concentrations determined under sections 15, 16 and 17 for each limited parameter and assessment parameter accurately reflect the level of discharge of each such parameter from the plant. (2) Despite subsection (1), a discharger need not establish a sampling point on a by-pass. (3) If circumstances change so that a new sampling point is necessary at a discharger’s plant in order to permit the calculation of plant loadings under sections 12, 13 and 14 for each limited parameter and assessment parameter and the determination of concentrations under sections 15, 16 and 17 for each limited parameter and assessment parameter that accurately reflect the level of discharge of each such parameter from the plant, the discharger shall, within 30 days of the change, establish the new sampling point. (4) A discharger may eliminate a sampling point established under subsection (1) or (3) if the sampling point is no longer necessary to permit the calculation of plant loadings under sections 12, 13 and 14 for each limited parameter and assessment parameter and the determination of concentrations under sections 15, 16 and 17 for each limited parameter and assessment parameter that accurately reflect the level of discharge of each such parameter from the plant. (5) A plant loading for a parameter or a concentration for a parameter that is based on analytical results that are significantly affected by dilution or masking due to the merging of streams upstream of a sampling point at a plant is not a loading or a concentration that accurately reflects the level of discharge of the parameter from the plant. (6) In determining what is necessary to meet a discharger’s obligations to establish sampling points under this section, the discharger shall consider both which streams should have sampling points and where on a stream a sampling point should be located. (7) Each discharger for an existing plant shall comply with subsection (1) within 90 days after the date on which this Regulation begins to apply to it. (8) Each discharger for a new plant shall comply with subsection (1) before discharging a total volume of process effluent, cooling water effluent and overflow effluent of more than 50 cubic metres from the plant.  O. Reg. 560/94, s. 8. Reports on Sampling Points

9. (1) Within 10 days after establishing sampling points under subsection 8 (1), the discharger shall submit to the Director a list and plot plan showing the sampling points. (2) Within 30 days after establishing a sampling point under this Regulation that is not shown on a list and plot plan submitted under this section, the discharger shall give the Director a written notice describing the location of the sampling point, together with a revised list and plot plan showing the sampling point. (3) Within 30 days after eliminating a sampling point under this Regulation that is shown on a list and plot plan submitted under this section, the discharger shall give the Director a written notice describing where the sampling point used to be, together with a revised list and plot plan without the sampling point.  O. Reg. 560/94, s. 9. Use of Sampling Points Established under this Part

10. Subject to section 25, each discharger shall use the sampling points established under this Part for all sampling required by this Regulation.  O. Reg. 560/94, s. 10. PART III   CALCULATION OF LOADINGS AND CONCENTRATIONS Calculations under this Part — General