Pol OperationMineApplication

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Department of Water Affairs and ForestryPrivate Bag X313

PRETORIA0001

Republic of South AfricaTel: (012) 299-9111

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This report should be cited as:

Department of Water Affairs and Forestry, No. M4.0, 1997. Operationalguideline for the application by a mine for a permit in terms of Sections 12Band 21 of the Water Act (Act 54 of 1956).

Coordinated by:

Directorate: Water Quality ManagementDepartment of Water Affairs and ForestryPrivate Bag X313PRETORIA0001Republic of South Africa


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Mine Water/Effluent Discharge Permits Operational Guideline No. M 4.0

March 1997

DOCUMENT INDEX

This document is the fourth in a series of documents in the M-subseries dealingspecifically with mining related issues. To date the following documents have beenpublished.

M1.0 Operational Guideline for the Control over the Alteration in the Course of aPublic Stream.

M2.0 Guideline concerning Financial Provision for the Rehabilitation of LandDisturbed by Mining Activities.

M3.0 Policy and Strategy for Management of Water Quality Regarding the MiningIndustry in the RSA.

M4.0 Operational guideline for the application by a mine for a permit in terms ofSections 12B and 21 of the Water Act (Act 54 of 1956).


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APPROVAL

TITLE : Department of Water Affairs and Forestry, 1997. Operationalguideline for the application by a mine for a permit in termsof Section 12B and 21 of the Water Act (Act 54 of 1956).

COORDINATOR : A.C. Vermeulen

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)


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ACKNOWLEDGEMENTS

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

D.J. Steijn DWAF, Mpumalanga Region

R. Munnik DWAF, Mpumalanga RegionJ. de Klerk DWAF, Mpumalanga RegionJ. Mar DWAF, Mpumalanga RegionB. Postma DWAF, Mpumalanga RegionD. Esterhuizen DWAF, Gauteng RegionC.L. van den Berg DWAF, Water Quality Management : MiningR. Schwab DWAF, Water Quality Management : MiningM. Eksteen DWAF, Water Quality Management : Mining


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PREAMBLE

The Department of Water Affairs and Forestry (DWAF), as the custodian of the nationalwater resource, has the task of ensuring an adequate supply of water of an acceptablequality for all recognised uses, these being domestic, recreational, agricultural, industrialand the natural environment. The primary goal of water environmental qualitymanagement is the protection and improvement of water environmental quality in orderto 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. Inaddition, they may also have significant negative impacts on water quality. Sections 12Band 21 of the Water Act, 1956, may be used to control the impact of mining operationsand the water environment/resource.

In terms of Section 12B of the Water Act, 1956, water found underground at a minemay be used in the mining operation but may only be disposed of under a permit fromthe 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 dischargeany industrial effluent (including mine effluent) not complying with the effluent qualitystandards 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 asevaluation criteria was identified for mines applying for permits in terms of the abovementioned Sections, and thus this document was developed to address that need.


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

Table of Contents

Document index ................................................................................................................. i

Approval ............................................................................................................................ iiAcknowledgements...........................................................................................................iiiPreamble.......................................................................................................................... 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


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DEPARTMENT OF WATER AFFAIRS AND FORESTRY

WATER QUALITY MANAGEMENT

APPLICATION BY A MINE FOR A PERMITIN 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 fromunderground of a mine) and 21 (Disposal of effluent) of the Water Act, 1956, must bemade to the Regional Director of the Department of Water Affairs and Forestry bymeans of an official letter requesting a permit in terms of the specified Section of theAct. The letter must be accompanied by a Technical Report (TR) in duplicate at leastsixty days before such a permit will be needed. The Technical Report (TR) is requiredso that the Department may evaluate the application and make an informed decisionbased on the Integrated Environmental Management (IEM) principles. (This approach isbased 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 permitin terms of Sections 12B and 21 of the Water Act, 1956. (See Item 3.) Appendix Acontains requirements and a checklist of issues to be considered when compiling theTR that must accompany the application for a permit. It is, however, necessary toconsult 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 amine may be used in the mining operation but may only be disposed of undera permit from the Minister of Water Affairs and subject to the conditionsspecified therein.


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3.2 Section 21 of the Water Act, 1956

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

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 theSurface Water Environment by W. Pulles, R. Heath and M. Howard, WaterResearch Commission Report No. TT 79/96

Procedures to Assess Effluent Discharge Impacts, Water ResearchCommission 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 requiredby the Minerals Act (Act 50 of 1991). Since much of the required informationmay already be contained in the EMP, this will prove to be an importantsource.

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 theapplicant in line with the Polluter Pays principle. The investigations required to obtainthe appropriate information for the TR, might be a costly exercise and it isrecommended that the appointment of the professional team be discussed with theRegional Director to ensure that appropriate expertise are utilised.


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6. Water Management Policy for Mining and Related Activities

The water management strategy for a mine must be implemented according to thefollowing hierarch of steps:

Step 1 : Pollution prevention measures should be implemented at source. Thefundamental principle is to prevent, inhibit, retard or stop the hydrological,chemical, microbiological, radio active or thermodynamic processeswhich result in the contamination of the water environment.

Step 2 : 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.

Step 3 : If the water/ effluent problems cannot be solved by pollution preventionand water/effluent reuse and minimisation strategies, then water/effluenttreatment strategies should be implemented.

Step 4 : If the water/effluent problems can not be solved in the short term bymeans of the measures to be taken in Step 1 to 3, and the quality of theproposed discharge/disposal still exceeds the applicable effluent standardfor the catchment (currently either the General or the Special Standard) or

exceeding the water quality objectives specified by a catchment's WaterQuality Management Plan, application may be made for a phased permitcontaining:

a) Extensive motivation for the permit, explaining financial, social aswell as environmental implications of each proposed point ofdischarge/disposal.

b) Firm commitments with a time schedule for implementation ofmeasures to achieve the water quality objectives for each specificpoint by either preventing discharge or treatment to achieve the

specified objectives. Studies and investigations are interimmeasures and not final commitments.

The disposal/discharge of water/effluent exceeding the applicablestandards will only be considered as a last resort and as an interimmeasure. Such an application submitted to the Regional Director will bereferred to the Manager : Scientific Services only if Steps 1 to 3 havebeen implemented and if the impact of the proposed discharge/disposal isacceptable to the potentially affected water users.


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APPENDIX A

INFORMATION REQUIRED IN THE TECHNICAL REPORT (TR)

Executive Summary

An executive summary (not more than two pages) will be extremely helpful to theDepartment to draft a memorandum to the Manager : Scientific Services for theconsideration of the permit. Emphasis should be placed on the motivations andproposed 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 theparticular project or aspect described. Generally, 1:50 000 would be a suitable scale forregional and catchment descriptions and 1:10 000 for surface infrastructure layouts,operational layouts, virgin environmental conditions and water and waste managementfacilities.

However, larger scale plans (1:2 000 or even 1:1 000) may be needed to show thedetail 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


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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


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2.5 Affected Users

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

3. Water Management

The purpose of this section is to convince the Regional Director that Steps 1 to 3 havebeen implemented. If not, Step 4 will not be considered. This section should also

evaluate whether the actual implementation complies with the approved EMP and withRegulation 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 andmeasures, 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 thedesign and construction of storm water management measures, for example:

Sizes of storm events (sizes of the clean and dirty water catchments andsizes 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)


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3.3 Ground Water Management

Identification and description of management measures for all possible decantpoints

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 m

3/day of water (for

affected sections as well as the whole project), including detailed waterbalances for internal and external circuits.

NB : A correct water balance is extremely important in the evaluation of the

application. Without a proper water balance, a water system cannot beunderstood or managed properly.

3.5 Effluent treatment methods

Refer to A Manual to Assess and Manage the Impact of Gold MiningOperations on the Surface Water Environment by W. Pulles, R. Heath andM.Howard, Water Research Commission Report No. TT 79/96 for the availablewater treatment options. The Department expects that the Best AvailableTechnology (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 Availablewater treatment Technology (BAT) to bring the water/effluent to the prescribedwater quality standard, must be accompanied by a financial statement from thefinancial auditors of the mine that shows the historical and projected profits ofthe mine. It must also include a cost/benefit analysis that compares the totalcost (including the environmental cost) to the total benefit (for the country orcommunity as a whole) indicating that it is in the best interest of the country tocontinue with the proposed discharge/disposal in spite of the impact on the


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users. Only after this, will the concept of BATNEEC (Best AvailableTechnology 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 mustbe 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 m

3)

Average volume (m3) 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, WaterResearch Commission Report No. TT 64/94.

The impact assessment must determine how far downstream in the applicablecatchment the users will be impacted upon by the proposed discharge/disposaland at which point in the river the impact becomes negligible. It should furtherscientifically quantify the identified impacts on each of the users down to the


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point of negligible impact. Depending on the complexity of the problem, a waterquality model may be required to determine the change in water quality at

selected points in the river downstream of the mine, due to the proposeddischarge/disposal.

The resulting quality must be compared with the quality before thedischarge/disposal and the user water quality requirements to evaluate theimpact of the discharge/disposal on the water users. If any impact on the waterusers is predicted, methods to compensate the users must be proposed.

The results of this study must be documented for consultation with the affectedusers. 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 forthe discharge/disposal. Include an assessment of the cost per day whenactivities have to stop in the applicable sections as well as the job losses thatmight result.


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5.2 Consider the project alternatives and reuse options and refer to the costs ofthese options. (For example, other options considered may have been

evaporation, maximized reuse, underground storage. Substantiate why thesewill not be feasible.)

5.3 Describe various purification processes and disposal options (Refer to 3.5)

5.4 Demonstrate that all reasonable efforts have been made to minimize volumesof water/effluent and to prevent discharge/disposal.

5.5 Address hydrological and seasonal considerations and motivations for theproposed discharge/disposal

5.6 Quantify the risk and frequency of the water management system not beingable to contain all the polluted water/effluent, taking into account the variabilityof rainfall, surface runoff, ground water flow, water use and reuse, evaporationand capacity of the system.

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), theapplicant 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 acceptablestandard.

Commitment to a date of implementation and completion of each proposedmeasure.

The applicant must also give commitments with a time schedule for achieving the waterquality objectives set in 4.3.

A phased permit (Step 4) will only be considered for mines that started operationsbefore 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 theproposed discharge/disposal is acceptable to the potentially affected water users.

New mines, including mines that commenced with mining activities after promulgationof the Minerals Act (Act 50 of 1991), will be expected to implement Best AvailableTechnology (Step 1 to 3), as negotiated in their EMP, and the granting of a phasedpermit will be most unlikely.


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7. Consultation with Affected Users

The applicant must consult with all the potentially affected users (determined inconsultation with the Regional Director) and report on the outcome of the consultation.Apart from the affected users, the following organizations must also be consulted inwriting:

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 CostBenefit Analysis must be made known to the above mentioned organizations/parties. Allof these must be invited to submit any objections directly to the Regional Director.


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APPENDIX B

PROCEDURES AND ROUTING

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

1. The Regional office evaluates the Technical Report to determine whether theimpacts on the water environment is acceptable, according to the catchmentmanagement plan, or in stream objectives and the downstream users. TheRegional office may refer it back for further information, if unsatisfactory.

2. When the Regional Director is satisfied that the Technical Report iscomprehensive and that all impacts have been addressed and will bemitigated, a permit is to be drawn up.

3. The Regional Director documents his decision to recommend apermit/exemption in a formal letter to the Director General, forAttention : Director : Water Quality Management, with the draftpermit/exemption attached to the letter. The letter must contain a motivation ofabout one page for recommending the permit/exemption.

4. The Directorate : Water Quality Management will circulate thepermit/exemption to the permit section as well as obtain all necessaryapprovals.

5. The Directorate : Water Quality Management will issue the permit.

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