Published by Department of Water Affairs and Forestry Private Bag X313 PRETORIA 0001 Republic of South Africa Tel:

(012) 299-9111

Copyright reserved

No part of this publication may be reproduced in any manner without full acknowledgement of the source ------------------

This report should be cited as: Department of Water Affairs and Forestry, No. M4.0, 1997. Operational guideline for the application by a mine for a permit in terms of Sections 12B and 21 of the Water Act (Act 54 of 1956).

Coordinated by: Directorate: Water Quality Management Department of Water Affairs and Forestry Private Bag X313 PRETORIA 0001 Republic of South Africa

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

DOCUMENT INDEX

This document is the fourth in a series of documents in the M-subseries dealing specifically with mining related issues. To date the following documents have been published. M1.0 Operational Guideline for the Control over the Alteration in the Course of a Public Stream. Guideline concerning Financial Provision for the Rehabilitation of Land Disturbed by Mining Activities. Policy and Strategy for Management of Water Quality Regarding the Mining Industry in the RSA. Operational guideline for the application by a mine for a permit in terms of Sections 12B and 21 of the Water Act (Act 54 of 1956).

M2.0

M3.0

M4.0

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

APPROVAL

TITLE :

Department of Water Affairs and Forestry, 1997. Operational guideline for the application by a mine for a permit in terms of Section 12B and 21 of the Water Act (Act 54 of 1956). A.C. Vermeulen

COORDINATOR :

REPORT STATUS : Final Report DATE : March 1997

Approved for Department of Water Affairs and Forestry

___________________________________ R. Schwab (Deputy Chief Engineer)

___________________________________ C.L. van den Berg (Chief Engineer)

___________________________________ J.L.J. van der Westhuizen (Director)

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

ACKNOWLEDGEMENTS

The following individuals and organisations participated in the development of the report. They are thanked for their contributions.

D.J. Steijn R. Munnik J. de Klerk J. Mar B. Postma D. Esterhuizen C.L. van den Berg R. Schwab M. Eksteen

DWAF, Mpumalanga Region DWAF, Mpumalanga Region DWAF, Mpumalanga Region DWAF, Mpumalanga Region DWAF, Mpumalanga Region DWAF, Gauteng Region DWAF, Water Quality Management : Mining DWAF, Water Quality Management : Mining DWAF, Water Quality Management : Mining

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

PREAMBLE

The Department of Water Affairs and Forestry (DWAF), as the custodian of the national water resource, has the task of ensuring an adequate supply of water of an acceptable quality for all recognised uses, these being domestic, recreational, agricultural, industrial and the natural environment. The primary goal of water environmental quality management is the protection and improvement of water environmental quality in order to ensure sustainable utilisation of water resources (where "water environment" means the aquatic ecosystem). Mines utilise vast quantities of water in their mining and beneficiation processes. In addition, they may also have significant negative impacts on water quality. Sections 12B and 21 of the Water Act, 1956, may be used to control the impact of mining operations and the water environment/resource. In terms of Section 12B of the Water Act, 1956, water found underground at a mine may be used in the mining operation but may only be disposed of under a permit from the Minister of Water Affairs and subject to the conditions specified therein. In terms of Section 21 of the Water Act, 1956, an exemption is required to discharge any industrial effluent (including mine effluent) not complying with the effluent quality standards or if the effluent is not discharged at the place of abstraction. A need for a document stating the information requirements of the DWAF as well as evaluation criteria was identified for mines applying for permits in terms of the above mentioned Sections, and thus this document was developed to address that need.

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

Operational guideline for the application by a mine for a permit in terms of Section 12B and 21 of the Water Act (Act 54 of 1956).

Table of Contents Document index ................................................................................................................. i Approval ............................................................................................................................ ii Acknowledgements ...........................................................................................................iii Preamble .......................................................................................................................... iv 1. Application for a Permit ............................................................................................... 1 2. Purpose and Use of this Document ............................................................................ 1 3. Applicable Sections of the Water Act.......................................................................... 1 4. Useful References....................................................................................................... 2 5. Cost of the Application ................................................................................................ 2 6. Water Management Policy for Mining Related Activities ............................................ 3

APPENDIX A : Information Required in the Technical Report (TR) ............................... 4

APPENDIX B : Procedures and Routing ...................................................................... 12

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

DEPARTMENT OF WATER AFFAIRS AND FORESTRY WATER QUALITY MANAGEMENT

APPLICATION BY A MINE FOR A PERMIT IN TERMS OF SECTIONS 12B AND 21 OF THE WATER ACT (ACT 54 OF 1956)
1. Application for a Permit Application for a permit in terms of Sections 12B (Disposal of water removed from underground of a mine) and 21 (Disposal of effluent) of the Water Act, 1956, must be made to the Regional Director of the Department of Water Affairs and Forestry by means of an official letter requesting a permit in terms of the specified Section of the Act. The letter must be accompanied by a Technical Report (TR) in duplicate at least sixty days before such a permit will be needed. The Technical Report (TR) is required so that the Department may evaluate the application and make an informed decision based on the Integrated Environmental Management (IEM) principles. (This approach is based on the principles of IEM and Integrated Catchment Management (ICM).)

2. Purpose and Use of this Document This document outlines the procedures and requirements of an application for a permit in terms of Sections 12B and 21 of the Water Act, 1956. (See Item 3.) Appendix A contains requirements and a checklist of issues to be considered when compiling the TR that must accompany the application for a permit. It is, however, necessary to consult the Regional Director prior to the application.

3. Applicable Sections of the Water Act (Act 54 of 1956)

3.1

Section 12B of the Water Act, 1956 In terms of Section 12B of the Water Act, 1956, water found underground at a mine may be used in the mining operation but may only be disposed of under a permit from the Minister of Water Affairs and subject to the conditions specified therein.

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

3.2

Section 21 of the Water Act, 1956 In terms of Section 21 of the Water Act, 1956, an exemption is required to discharge any industrial effluent (including mine effluent) not complying with the effluent quality standards or if the effluent is not discharged at the place of abstraction.

4. Useful References The following references can be used to assist with the compilation of the TR: A Manual to Assess and Manage the Impact of Gold Mining Operations on the Surface Water Environment by W. Pulles, R. Heath and M. Howard, Water Research Commission Report No. TT 79/96 Procedures to Assess Effluent Discharge Impacts, Water Research Commission Report No. TT 64/94. Water Quality Management Strategies in the RSA, DWAF, 1991. South African Water Quality Guidelines, DWAF, 1997. The Environmental Management Programme (EMP) of the mine as required by the Minerals Act (Act 50 of 1991). Since much of the required information may already be contained in the EMP, this will prove to be an important source.

5. Cost of the Application No application fee is required at this stage. No effluent discharge levy is applicable at this stage. The cost of all the investigations required for the application must be borne by the applicant in line with the Polluter Pays principle. The investigations required to obtain the appropriate information for the TR, might be a costly exercise and it is recommended that the appointment of the professional team be discussed with the Regional Director to ensure that appropriate expertise are utilised.

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

6. Water Management Policy for Mining and Related Activities The water management strategy for a mine must be implemented according to the following hierarch of steps: Step 1 : Pollution prevention measures should be implemented at source. The fundamental principle is to prevent, inhibit, retard or stop the hydrological, chemical, microbiological, radio active or thermodynamic processes which result in the contamination of the water environment. If the water/effluent problems cannot be solved by pollution prevention, water/effluent reuse and minimisation strategies should be implemented. This includes the prevention of the inflow of ground and surface water into the mine. If the water/ effluent problems cannot be solved by pollution prevention and water/effluent reuse and minimisation strategies, then water/effluent treatment strategies should be implemented. If the water/effluent problems can not be solved in the short term by means of the measures to be taken in Step 1 to 3, and the quality of the proposed discharge/disposal still exceeds the applicable effluent standard for the catchment (currently either the General or the Special Standard) or exceeding the water quality objectives specified by a catchment's Water Quality Management Plan, application may be made for a phased permit containing: a) Extensive motivation for the permit, explaining financial, social as well as environmental implications of each proposed point of discharge/disposal. Firm commitments with a time schedule for implementation of measures to achieve the water quality objectives for each specific point by either preventing discharge or treatment to achieve the specified objectives. Studies and investigations are interim measures and not final commitments.

Step 2 :

Step 3 :

Step 4 :

b)

The disposal/discharge of water/effluent exceeding the applicable standards will only be considered as a last resort and as an interim measure. Such an application submitted to the Regional Director will be referred to the Manager : Scientific Services only if Steps 1 to 3 have been implemented and if the impact of the proposed discharge/disposal is acceptable to the potentially affected water users.

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

APPENDIX A INFORMATION REQUIRED IN THE TECHNICAL REPORT (TR)

Executive Summary An executive summary (not more than two pages) will be extremely helpful to the Department to draft a memorandum to the Manager : Scientific Services for the consideration of the permit. Emphasis should be placed on the motivations and proposed impact management measures for the proposed discharge/disposal(s).

Plans and Maps The plans required for the permit application must be of scales appropriate for the particular project or aspect described. Generally, 1:50 000 would be a suitable scale for regional and catchment descriptions and 1:10 000 for surface infrastructure layouts, operational layouts, virgin environmental conditions and water and waste management facilities. However, larger scale plans (1:2 000 or even 1:1 000) may be needed to show the detail of water reticulation aspects, such as water pollution control dams, return dams, seepage collection and clean water diversion works and evaporation facilities.

1. Background information

1.1

General Information Name, address, telephone and fax numbers and contact persons for: - the holding company/authority - the applicant (name and status) Magisterial district and relevant regional services authority Name of the nearest town and its distance from the mine Surface infrastructure serving the mine (e.g. roads, railways, power lines etc.) Longitude and Latitude/location of the mine Surface infrastructure serving the mine (e.g. roads, railways, power lines etc.) Ownership of adjacent/potentially impacted land Name of the river catchment

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

1.2

Description of the Project Description of the mining method Quantity of mine product produced (quantity per annum) Detail of existing permits/exemptions - if applicable

NB: Use maps to indicate the above information where necessary.

2. Description of the Water Environment Prior to Proposed Discharge/Disposal

2.1

Climate Regional climate (brief description) Rainfall data (minimum/maximum figures and storm events) Evaporation data

2.2

Geology A brief description of the general geology of the area under consideration presence of dykes, sills and faults.

2.3

Surface Water Name of nearest or applicable water course(s) Identified catchment(s) (unit(s) for catchment management plan) Surface water quality Surface water use Water authority Presence of wetlands

2.4

Ground Water Identification and quantification of the affected zone Quality of water in affected zone Position of all boreholes in the affected zone (indicate on map) Yield, quality and users of all boreholes within the affected zone

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

2.5

Affected Users This includes all surface and ground water users in the affected catchment and ground water zone.

3. Water Management The purpose of this section is to convince the Regional Director that Steps 1 to 3 have been implemented. If not, Step 4 will not be considered. This section should also evaluate whether the actual implementation complies with the approved EMP and with Regulation R287 promulgated in 1976 in terms of Section 26 of the Water Act, 1956.

3.1

Water Pollution Prevention Methods Describe the implementation of water pollution prevention methods and measures, for example: Prevention or retarding of pyrite oxidation in stopes Maximisation of opencast rehabilitation Rehabilitation and vegetation of affected areas Impervious liners for residue deposits and return water dams Management of water, slimes and slurry circuits to prevent and contain spillage Construction and maintenance of paddocks and return water dams Any other water pollution prevention methods

3.2

Storm Water Management Describe the scientific methodology, design philosophy and criteria for the design and construction of storm water management measures, for example: Sizes of storm events (sizes of the clean and dirty water catchments and sizes of the rehabilitated areas used to determine these) Design criteria and layout of the drainage system, Separation of clean and dirty water Prevention of storm water inflow into mine workings Disposal of water (both clean and dirty)

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

3.3

Ground Water Management Identification and description of management measures for all possible decant points Methods to minimise/prevent the inflow of ground water into mine workings Quantification of ground water balance

3.4

Minimisation and Reuse of Mine Water Water Use (Background and description for the project as a whole) Usage patterns (e.g. seasonal) Processes where water are used Average daily quantity Peak daily quantity Water quality requirements for each water use Water balance diagram showing all inputs and outputs in m3/day of water (for affected sections as well as the whole project), including detailed water balances for internal and external circuits. A correct water balance is extremely important in the evaluation of the application. Without a proper water balance, a water system cannot be understood or managed properly.

NB :

3.5

Effluent treatment methods Refer to A Manual to Assess and Manage the Impact of Gold Mining Operations on the Surface Water Environment by W. Pulles, R. Heath and M.Howard, Water Research Commission Report No. TT 79/96 for the available water treatment options. The Department expects that the Best Available Technology (BAT) for water treatment must be implemented by the mine to prevent unacceptable impacts on water users. A statement that the applicant cannot afford to implement a Best Available water treatment Technology (BAT) to bring the water/effluent to the prescribed water quality standard, must be accompanied by a financial statement from the financial auditors of the mine that shows the historical and projected profits of the mine. It must also include a cost/benefit analysis that compares the total cost (including the environmental cost) to the total benefit (for the country or community as a whole) indicating that it is in the best interest of the country to continue with the proposed discharge/disposal in spite of the impact on the

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

users. Only after this, will the concept of BATNEEC (Best Available Technology Not Exceeding Excessive Cost) be considered. 4. Proposed Discharge/Disposal of Water/Effluent

4.1

Water/Effluent Discharge/Disposal List the destination (indicated on map) of discharge/disposal. This section must be completed separately for each proposed point.

4.1.1

Quantity Number of days for discharge/disposal Seasonal variance Average and maximum volumes per day (in m3) 3 Average volume (m ) per year

4.1.2

Quality Analyses of water/effluent (macro elements and heavy metals)

4.2

Monitoring Programme Map of monitoring points (showing proposed points of discharge/disposal) At least one compliance point each for ground and surface water specified Map of monitoring points, showing compliance points Proposed and/or existing method of flow monitoring Appointment of a responsible person to manage the programme Reporting (format, interpretation of data showing trends, etc.)

4.3

Assessment of Impact due to Discharge/Disposal Refer to the Procedures to Assess Effluent Discharge Impacts, Water Research Commission Report No. TT 64/94. The impact assessment must determine how far downstream in the applicable catchment the users will be impacted upon by the proposed discharge/disposal and at which point in the river the impact becomes negligible. It should further scientifically quantify the identified impacts on each of the users down to the

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

point of negligible impact. Depending on the complexity of the problem, a water quality model may be required to determine the change in water quality at selected points in the river downstream of the mine, due to the proposed discharge/disposal. The resulting quality must be compared with the quality before the discharge/disposal and the user water quality requirements to evaluate the impact of the discharge/disposal on the water users. If any impact on the water users is predicted, methods to compensate the users must be proposed. The results of this study must be documented for consultation with the affected users. Typical information to be included are: Name of catchment Area of catchment Mean monthly runoff Affected water course Established users of water along affected water course (i.e domestic, agricultural, industrial, recreational, natural environment) Quality of river upstream of discharge/disposal Quality of river downstream of discharge/disposal before the discharge/disposal Expected Quality of river downstream of discharge/disposal after the discharge/disposal Water Quality Objectives for the river Impact of the discharge/disposal on downstream users Management Criteria/Philosophy/Measures that will be used to manage the discharge/disposal of water/effluent. Management of negative environmental impacts and maximization of positive impacts Contingency measures and plans in the case of spillage or emergency (See Item 5.6)

5. Motivation for Discharge/Disposal Motivation for a discharge/disposal must be given for each separate point proposed. 5.1 Compare financial, social, mining and environmental benefits as motivation for the discharge/disposal. Include an assessment of the cost per day when activities have to stop in the applicable sections as well as the job losses that might result.

March 1997

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

5.2

Consider the project alternatives and reuse options and refer to the costs of these options. (For example, other options considered may have been evaporation, maximized reuse, underground storage. Substantiate why these will not be feasible.) Describe various purification processes and disposal options (Refer to 3.5) Demonstrate that all reasonable efforts have been made to minimize volumes of water/effluent and to prevent discharge/disposal. Address hydrological and seasonal considerations and motivations for the proposed discharge/disposal Quantify the risk and frequency of the water management system not being able to contain all the polluted water/effluent, taking into account the variability of rainfall, surface runoff, ground water flow, water use and reuse, evaporation and capacity of the system.

5.3 5.4

5.5

5.6

6. Commitments for Discharge/Disposal This section must be completed for each separate proposed point of discharge/disposal. In the case of an application for a phased permit (Step 4), the applicant must provide a table containing the following: Firm commitments and description of measures to be implemented to stop, minimize and/or to treat discharge, seepage or decant water to an acceptable standard. Commitment to a date of implementation and completion of each proposed measure.

The applicant must also give commitments with a time schedule for achieving the water quality objectives set in 4.3. A phased permit (Step 4) will only be considered for mines that started operations before 1991. The recommendation for approval will only be submitted to the Manager : Scientific Services if Steps 1 to 3 have been implemented and if the impact of the proposed discharge/disposal is acceptable to the potentially affected water users. New mines, including mines that commenced with mining activities after promulgation of the Minerals Act (Act 50 of 1991), will be expected to implement Best Available Technology (Step 1 to 3), as negotiated in their EMP, and the granting of a phased permit will be most unlikely.

March 1997

10

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

7. Consultation with Affected Users The applicant must consult with all the potentially affected users (determined in consultation with the Regional Director) and report on the outcome of the consultation. Apart from the affected users, the following organizations must also be consulted in writing: Department of National Health and Population Development Department of Agriculture Department of Minerals and Energy Department of Environment Affairs and Tourism Nature Conservation Bodies

The results of the Impact Assessment and the Socio-economic / Environmental Cost Benefit Analysis must be made known to the above mentioned organizations/parties. All of these must be invited to submit any objections directly to the Regional Director.

March 1997

11

Mine Water/Effluent Discharge Permits

Operational Guideline No. M 4.0

APPENDIX B PROCEDURES AND ROUTING

This appendix describes the procedures and routing to be followed when an application for a permit is received by the Regional Office of DWAF.

1.

The Regional office evaluates the Technical Report to determine whether the impacts on the water environment is acceptable, according to the catchment management plan, or in stream objectives and the downstream users. The Regional office may refer it back for further information, if unsatisfactory. When the Regional Director is satisfied that the Technical Report is comprehensive and that all impacts have been addressed and will be mitigated, a permit is to be drawn up. The Regional Director documents his decision to recommend a permit/exemption in a formal letter to the Director General, for Attention : Director : Water Quality Management, with the draft permit/exemption attached to the letter. The letter must contain a motivation of about one page for recommending the permit/exemption. The Directorate : Water Quality Management will circulate the permit/exemption to the permit section as well as obtain all necessary approvals. The Directorate : Water Quality Management will issue the permit.

2.

3.

4.

5.

March 1997

12