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Part II .

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Sulphide Bearing Material Disposal Regulations

made under

Section 66 of the

Environment Act

S.N.S. 1994-95, c. 1

O.I.C. 95-296 (effective April 11, 1995), N.S. Reg. 57/1995

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Administrator

Application of regulations

Exemptions

Initial screening

Sampling

Analysis and evaluation

Excavation requirements

Disposal of excavated sulphide bearing material

Operation of a disposal site

Approval application information/approval

Effective date

Citation

1 These regulations may be cited as the “Sulphide Bearing Material Disposal Regulations”.

Definitions

2 In these regulations

(a) “Act” means the Environment Act ;

(b) “Administrator” means a person appointed by the Minister pursuant to these

regulations, and includes an acting Administrator;

(c) “aggregate” means all consolidated and unconsolidated material excluding

minerals, gypsum or limestone for which a mining approval is required under

the Mineral Resources Act ;

(d) “approved disposal site” means a disposal site that is designed to prevent an

adverse effect resulting from the disposal of sulphide bearing material and is

approved by the Minister or Administrator under these regulations;

(e) “Department” means the Department of Environment;

(f) “developer” means a person who develops or proposes to develop land that

contains a sulphide bearing material and includes any agent or contractor who

works for the developer;

(g) “development” means any disturbance of land which contains a sulphide

bearing material;

(h) “disposal site” means a parcel of land used for the disposal of sulphide

bearing materials;

(i) “excavation” means the process used for the removal of a sulphide bearing

material by mechanical means;

(j) “excavation site” means the area or site where a sulphide bearing material is

removed by mechanical means;

(k) “impervious material” means a 750 mm layer of clay with a hydraulic

conductivity less than 1 x 10 -6 cm/sec or any other material with an equivalent

hydraulic conductivity;

(l) “inspector” means a person appointed pursuant to

Section 21 of the Act;

(m) “Minister” means the Minister of the Environment;

(n) “site plan” means an accurate drawing of 1:2000 scale that includes

(

i) a key map showing the location of the site,

(ii) the shape, dimensions, topography, size and type of geology of the site,

(iii) any existing or proposed roads on the site,

(iv) the location of any watercourse or well on the site and separation

distances noted in

Section 10, and

(

v) the location of a centralized collection point and contours to prevent

ponding noted in

Section 11;

(o) “sulphide bearing material” means aggregate having a sulphide sulphur

content equal to or greater than 0.4% (12.51 kg H 2 S0 4 /tonne);

(p) “watercourse” means a watercourse as defined in the Act.

Administrator

3 The Minister may appoint an Administrator to administer these regulations.

Application of regulations

(1) Subject to subsection (2), no person shall dispose of a sulphide bearing material in

the Province where the total volume excavated is greater than 500 m 3 in situ or

1300 tonnes unless the person responsible for the disposal holds a valid approval

issued under these regulations.

(2) A developer of land which contains a sulphide bearing material shall ensure that

sulphide bearing material is disposed of at

(

a) an approved disposal site owned and operated by the developer;

(

b) an approved disposal site owned and operated by a person other than the

developer;

approved by the appropriate federal authority to receive a sulphide bearing

material, provided the evaluation, excavation and disposal of the sulphide

bearing material are conducted in a manner which is consistent with Sections

6 to 11 of these regulations.

Exemptions

5 These regulations do not apply to

(

a) an excavation site where less than 500 m 3 in situ or 1300 tonnes of aggregate

is to be removed unless the Administrator believes on reasonable and

probable grounds that an adverse effect may be caused by the excavation;

(

b) a sulphide bearing material where the arithmetic mean and the majority of

samples analyzed contain less than 0.4% sulphide by weight or 12.51 kg

H 2 S0 4 /tonne;

(

c) a sulphide bearing material that is found not to be net acid producing based on

the test results provided under subsection 8(5);

(

d) a pit which contains a sulphide bearing material and is used primarily as an

aggregate source, if the evaluation, excavation and disposal of the sulphide

bearing material are conducted in a manner that is consistent with Sections 6

to 11 of these regulations; or

(

e) any mining activities under approval or otherwise permitted by the

Department of Natural Resources, if the evaluation, excavation and disposal

of the sulphide bearing material are conducted in a manner that is consistent

with Sections 6 to 11.

Initial screening

(1) Where a developer of any proposed development knows or ought to know that the

proposed development will involve the physical disturbance or disposition of

aggregate in a measure greater than 500 m 3 in situ or 1300 tonnes and which

contains a sulphide bearing material, the developer shall immediately notify an

Administrator of the proposed development.

(2) The developer identified in subsection (1) shall supply an Administrator with a

map number and grid reference (1:50 000 map series) that identifies the location of

the proposed development.

(3) An Administrator shall use information provided under subsection (2), ground

truthing or any other data to conduct an initial screening to determine whether the

land to be developed contains a sulphide bearing material.

(4) If an Administrator is satisfied that the land to be developed does not contain a

sulphide bearing material, the Administrator shall advise the developer.

(5) If an Administrator informs the developer that the Administrator is uncertain on an

initial screening whether the land to be developed contains a sulphide bearing

material, the developer shall provide the Administrator with the analysis of the

samples that are required to be taken under these regulations.

Sampling

(1) Unless exempted under

Section 5, a developer shall

(

a) have samples collected;

(

b) take two samples that are representative of the lands to be developed for each

hectare or part thereof to be developed;

(

c) analyze the samples collected under clause (

b) as required in

Section 8; and

(

d) send the results to the Administrator.

(2) A sample provided under subsection (1) may be taken by

(

a) the test pit method at 0.5 m intervals for the first 2 m depth of sulphide

bearing material and thereafter at 1 m intervals to the depth of the proposed

excavation site;

(

b) the core method with the sample being split along its axis half and the core

analyzed along its entire length; or

(

c) the trenching method with the sample being analyzed along its entire length.

(3) An Administrator or an inspector may require angled boring or a slight

modification to the procedures and frequencies prescribed in subsections (1) and

(2) based on bedding planes or any other relevant variables.

(4) The developer shall pay all costs of sampling and analysis required under these

regulations.

Analysis and evaluation

(1) Each sample gathered under

Section 7 shall be analyzed to determine the total

sulphur and sulphate sulphur content.

(2) Sulphide sulphur content shall be determined by calculating the difference between

total sulphur and sulphate sulphur.

(3) Test results obtained under subsection (2) shall be expressed as kg H 2 SO 4 /tonne.

(4) Sample testing analysis under subsection (1) shall be conducted using test methods

approved in writing by an Administrator.

(5) No person shall fail to forward test results obtained under subsection (1) to an

Administrator before work commences on a development.

(6) Where test results indicate a sulphide bearing material, the developer may have the

sample reanalysed for net acid production by using the British Columbia Research

Confirmation Test (Duncan 1972) or by another test approved in writing by an

Administrator.

Excavation requirements

(1) No person shall excavate land that contains a sulphide bearing material unless the

following conditions are met:

(

a) the removal of any vegetation or soil overlying aggregate is limited to satisfy a

construction or operational requirement;

(

b) surface run-off is diverted away from the disturbed area where the sulphide

bearing material is exposed or will be exposed so that no adverse effect is

caused or may be caused;

(

c) the volume of aggregate disturbed is minimized in all cases;

(

d) excavated material is removed immediately and disposed of in accordance

with these regulations unless written approval is obtained from the

Administrator authorizing the temporary storage of the material on the land

for reuse;

(

e) all construction activities are scheduled to minimize exposure time of the

sulphide bearing material; and

(

f) run-off from the disturbed area is diverted to a centralized point before leaving

the property and, if required by a written direction made by the Administrator,

is monitored so that no adverse effect is caused or may be caused.

(2) No person shall store or use a sulphide bearing material on or near an excavation

site without the written approval of the Minister or an Administrator.

Disposal of excavated sulphide bearing material

(1) Subject to Sections 4 and 5, no person shall dispose of a sulphide bearing material

other than at an approved disposal site.

(2) No disposal site shall be approved unless the disposal site is located

(

a) a minimum distance of 60 m from a watercourse or well; or

(

b) a minimum distance from a watercourse or well to be established by the

Minister where the Minister believes on reasonable and probable grounds that

the requirement set forth in clause (

a) will not prevent an adverse effect.

(3) No person shall dispose of a sulphide bearing material in marine waters located

within the jurisdiction of the Province unless the disposal is approved by the

Minister.

(4) No person shall dispose of a sulphide bearing material in fresh water.

Operation of a disposal site

11 An approved disposal site shall meet the following conditions of operation:

(

a) effluent or runoff must be directed to a centralized collection point and

monitored for pH, aluminum, conductivity and other items detailed in the

approval;

(

b) effluent from the centralized collection point must meet the following criteria:

(

i) pH > 4.0,

(ii) aluminum < 0.8 mg/l

(iii) conductivity < 500 micromhos/cm;

(

c) unless authorized in writing by the Administrator, the sulphide bearing

material must be covered with an impervious material no later than 30 days

after the first load of sulphide bearing material is deposited on the disposal

site; and

(

d) the disposal site surface must be contoured to prevent ponding.

Approval application information/approval

(1) The owner, operator, developer or person responsible for a disposal site shall

supply the following information to an Administrator when an application for an

approval is made:

(

a) an estimate of the total volume of sulphide bearing material to be deposited at

the disposal site; and

(

b) information, design and site plans showing how the owner, operator or

developer intends to address all items required under Sections 10 and 11 of

these regulations and rehabilitate the site.

(2) The amount of security required for an approved disposal site shall be in the

amount of $25.00 per m 3 of disposed sulphide bearing material.

(3) The form of security required under subsection (2) shall be as prescribed in the

Approvals Procedure Regulations.

(4) Upon receipt of the information required under subsection (1) and the security

required under subsection (2) and subject to the provisions of the Approvals

Procedure Regulations, the Minister or Administrator may issue an approval for a

disposal site.

Effective date

13 These regulations shall come into force on, from and after April 11, 1995.

Legislative History

Reference Tables

Sulphide Bearing Material Disposal Regulations

N.S. Reg.

57/1995

Environment Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Sulphide Bearing Material Disposal Regulations made

under the Environment Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

57/1995

Apr 11, 1995

date specified

May 5, 1995

The following regulations are not yet in force and are not

included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The references to the Department of Environment and

Minister of the Environment in clauses 2(

e) and (

m) should be read as

references to the Department of Environment and Labour and Minister of

Environment and Labour in accordance with Order in Council 2000‑484

under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Oct 1, 2000

The references to the Department of Environment and

Minister of the Environment in clauses 2(

e) and (

m) should be read as

references to the Department of Environment and Minister of Environment in

accordance with Order in Council 2008‑161 under the Public Service Act , R.S.N.S. 1989, c.

Apr 1, 2008

The Approvals

Procedure Regulations referred to in subsections 12(3) and (4) are

replaced by the Approval and

Notification Procedures Regulations , N.S. Reg. 17/2013 (O.I.C. 2013-18).

Jan 22, 2013

The reference to the Department of Natural Resources in

clause 5(

e) should be read as a reference to the Department of Energy and

Mines in accordance with Order in Council 2018-188 under the Public Service Act , R.S.N.S. 1989, c.

Jul 5, 2018

The references to the Department of Environment and

Minister of the Environment in clauses 2(

e) and (

m) should be read as

references to the Department of Environment and Climate Change and Minister

of Environment and Climate Change in accordance with Order in Council 2021‑60

under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Feb 23, 2021

The reference to the Department of Natural Resources in

clause 5(

e) should be read as a reference to the Department of Natural Resources and Renewables in accordance with O.I.C. 2021-210 under the Public Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.