Ontario MOECC Issues Draft Order to Mining Company in Northern Ontario

Ontario MOECC recently issued a draft Director’s Order to Ontario Graphite Ltd. and several Directors of the company that, if finalized, will require the company to perform remedial work related to an interceptor trench, mine tailings dam, polishing pond.

The mining operation, referred to as the Kearney Graphite Mine, is located Township of Butt in the District of Parry Sound, approximately 20 km north east of the community of Kearney.

Ontario Graphite Ltd. Kearney Mine Site (Photo Credit: Sudbury Mining Solutions Journal)

Under these sections of the Environmental Protection Act and Ontario Water Resources Act, the Director may require a person who owns, or owned, or who has or had management or control of an undertaking or property, to take immediate actions and environmental measures to protect the natural environment and to prevent or reduce the discharge of a contaminant into the natural environment from the undertaking or property, or to prevent, decrease or eliminate an adverse effect.

The overall objective of the proposed Director’s Order is to amend an existing Director’s Order issued on January 26, 2016 to have the company implement a work plan for the treatment of mine water discharges as well as submit a written report prepared by a qualified person.

On April 10, 2017, Ontario Graphite Ltd. reported that the open pit was overflowing to the environment as a result of spring melt.  Ontario Ministry of the Environment and Climate Change (MOECC) staff visited the site on April 12, 2017 and observed that the collection trench used by the company to prevent acidic water from entering Graphite Lake (i.e. the interceptor ditch) had also overflowed at some point prior to the site visit.

During the April 12, 2017 MOECC site visit, company staff reported to the ministry that additional erosion had occurred on the downstream dam that separates the tailings management area from the polishing pond. Company staff did not foresee concerns for dam stability; MOECC staff, however, recommended that the company have someone with the necessary expertise undertake evaluation of the structure.

In response to the MOECC recommendation, the company retained a consulting firm to provide recommendations for any needed remedial work on the tailings dam. As detailed in the updated action plan submitted to the ministry on October 30, 2017, the company awaits receipt of the report detailing these recommendations and following receipt, will implement the recommendations noted.

In 2017, Ontario Graphite Limited reported several non-compliance incidents with water quality discharge limits specified in the Environmental Compliance Approval including acute toxicity, iron, total suspended solids and pH.  Although the company attributed some of the exceedances to the dewatering of the open pit, a consultant hired by the company as a result of the Director’s Order noted a number of recommendations that should be implemented to improve operation of the sewage works and to maintain compliance with the final effluent limits.