Ontario Falconbridge Limited 10050 Highway 101 East Post Office Box, No

CONTENT COPY OF ORIGINAL

Ministry Ministère AMENDED CERTIFICATE OF APPROVAL of the de INDUSTRIAL SEWAGE WORKS Environment l’Environnement NUMBER 9831-72BH7Y Issue Date: May 16, 2007 Ontario Falconbridge Limited 10050 Highway 101 East Post Office Box, No. 2002 Timmins, Ontario P4N 7K1

Site Location: Kidd Metallurgical Site Lot 1, Concession 1, Hoyle City of Timmins, District of Cochrane

You have applied in accordance with Section 53 of the Ontario Water Resources Act for approval of: modifications to the sewage works consisting of the Pastefill Tailings Pipeline from Kidd Metsite to Kidd Minesite, Jarosite Pond Area, Buffalo Paddock Area and the Tailings Management Area (TMA) for the collection, transmission, treatment and disposal of:

tailings from the Concentrator; Jarosite Residue from the Zinc Plant, co-deposited with tailings or pumped directly to the Jarosite Pond Facility; Neutralized Weak Acid from the Zinc and Copper Acid Plants, co-deposited with tailings or pumped directly to the TMA; waste water collected from the jarosite pond containment area; waste water generated from the Process Plants, via various site ditches and holding ponds; lime treatment sludge generated by the tailings treatment process and the Kidd Mine Water Treatment process; granulated slag generated by the Copper Smelter; metal-bearing sludge and residue generated from periodic cleaning or decommissioning of process equipment; treated effluent from sanitary sewage treatment plants; site drainage, including seepage water from the TMA collected within a perimeter seepage collection ditch system; stormwater from the Buffalo Paddock Area; minewater inputs from the Porcupine Joint Venture Hoyle Pond Mine; and disposal of the CamChib tailings, waste rock and ponded tailings water in the Tailings Management Area, as follows:

- approximately 3,000 cubic metres of ponded tailings water from the CamChib Mine Site; and - approximately 24,000 tonnes of tailings and 10,000 tonnes of waste rock from the CamChib Mine Site.

consisting of the following:

PROPOSED WORKS

The Proposed Works consist of the following:

JAROSITE POND AREA

The Jarosite Pond Area (JPA) consists of the following (a) Jarosite Residue and Water Transmission System, (b) Jarosite Pond Facility and (c) Jarosite Containment Area.

(a) Jarosite Residue and Water Transmission System

The Jarosite Residue and Water Transmission System is used for the transmission of jarosite residue and waste water to the Jarosite Pond Facility and consists of a pumpbox and pumps and associated pipelines. Recycle water is returned to the Zinc Plant from the Jarosite Pond Facility and Catchment Pond. Excess waste water is treated with lime and discharged to the TMA for disposal. CONTENT COPY OF ORIGINAL

(b) Jarosite Pond Facility

The Jarosite Pond Facility consists of two (2) ponds, the Jarosite Pond (approximately 26.7 hectares in area) with a top elevation of 293.3 metres (Stage 2) and the Neutralization (gypsum) Pond (approximately 9.5 hectares in area) with a top elevation of 289.8 metres (Stage 2), that is contained by a series of embankments that support perimeter and internal roads. Each pond is equipped with a spillway that directs overflow to the Northeast Ditch System and the TMA for treatment. The Jarosite and Neutralization Ponds are used for the disposal and storage of jarosite residue and water and lesser quantities of treatment sludges from the Metallurgical Plant.

The Jarosite Containment Area is the area surrounding the Jarosite Facility encompassing approximately 110 hectares, and consists of a series of seepage collection ditches and recovery systems, a West Containment Berm (WCB) and pumping system to convey seepage water to the TMA and to the Jarosite and Neutralization Ponds, and a West Diversion Ditch (WDD) system to convey fresh water away from the containment area.

BUFFALO PADDOCK AREA

Construction of a containment berm, approximately 670 meters in length, located predominantly along the south boundary of the Buffalo Paddock Area and along the west side, with a top elevation of 285.5 metres and a water storage volume of 41,000 cubic metres, including a 25 metres wide overflow spillway draining westerly and a Ditch 5 Sump equipped with pumps and a pipeline operating at a design capacity of 164 litres per second discharging to the South Feeder Ditch of the Northeast Ditch System and the TMA.

EXISTING WORKS

The Existing Works consist of the following:

PASTEFILL TAILINGS PIPELINE SYSTEM

Construction/installation of concentrator facilities including, thickener underflow piping and associated pumping system; Pastefill Tailings Pipeline, intermediate pressure measurement point and terminal valve station; Pastefill Tailings Pipeline Supervisory Control and Data Acquisition System and instrumentation as well as Pipeline Leak detection System.

SOUTHEAST SEEPAGE COLLECTION DITCH

Construction of Southeast Seepage Collection Ditch per Phase I works as follows:

- approximately 2.8 km long ditch along the southeast perimeter of TMA; and

- approximately 25 m x 35 m x 1.5 m deep tailings line spill containment pond.

TAILINGS MANAGEMENT AREA (TMA)

The TMA consists of (a) Tailings Transmission System, (b) Tailings Impoundment Area, (c) Tailings Seepage System, and (d) Tailings Effluent Treatment System.

(a) Tailings Transmission System

The tailings transmission system is used for the transmission of tailings and waste water to the TMA and consists of the tailings pumpbox and pumps, and associated pipelines. The system also includes the facilities, pumps and pipelines, used to recycle water, which is returned to the Concentrator from the TMA.

(b) Tailings Impoundment Area

The tailings impoundment area encompasses approximately 1,200 hectares and is contained by a series of low-head embankments that support a perimeter road. The tailings impoundment is used for the engineered disposal of mill tailings and lesser quantities of copper slag, treatment sludge and jarosite residue. CONTENT COPY OF ORIGINAL

The tailings impoundment has been used for the managed disposal of process wastes since the operation commenced in 1966 with tailings originally deposited in a conventional form. Since 1972, the tailings deposition method has used a thickened tailings technology to develop a conical tailings deposit with final slopes averaging approximately 2%. The method involves the thickening of the tailings slurry and its subsequent discharge from an elevated and central location to create a moderately sloped, cone-shaped tailings mound. Slag berms constructed within the TMA are used for management of wastes within the TMA. Overflow water from the tailings thickeners, and runoff and seepage from the TMA are collected at the perimeter of the cone, and are routed to the tailings effluent treatment system prior to discharge.

Seepage water from the TMA is collected in perimeter West and East seepage collection ditches and ponds, and returned to the TMA for treatment via gravity or pumping.

(d) Tailings Effluent Treatment System

Drainage from the TMA is treated using a conventional lime treatment process and final pH adjustment with carbon dioxide, or sulphuric acid as emergency backup. The tailings effluent treatment system described below employs two untreated water storage ponds (Ponds C and A), four lime stations (Lime Stations #1, #2, #3 and #4), a sludge settling pond (Pond D), an effluent polishing pond (Pond E), a carbon dioxide station and a final effluent control structure and monitoring point. The effluent treatment system may also include the occasional addition of lime and/or caustic soda (NaOH), flocculants or coagulants throughout the entire TMA. The components of the Tailings Effluent Treatment System are as follows: DITCH 10

Runoff from the Met Site, overflow from the catchment pond, waste water collected from the jarosite pond containment area, waste water streams from the Zinc and Copper Plants, stormwater from the Buffalo Paddock Area and minewater from the Porcupine Joint Venture Hoyle Pond Mine are collected in Ditch 10. Water in Ditch 10 mixes with treated water discharged from Pond A and the combined flows report to Channel A+10. If additional metal or suspended solids treatment is required in Ditch 10, lime, caustic soda, chemical flocculent or coagulant may be added throughout Ditch 10.

POND A

Effluent and runoff from the south portion of the TMA drain south- and westward around the inside of the perimeter embankment to Pond A. Lime station #1 is located at the discharge point from Pond A. Lime is added to the discharge water to elevate the pH values typically above 9.5 in order to precipitate heavy metals as hydroxides. If additional metal or suspended solids treatment is required, chemical flocculent, coagulant or caustic soda can be added here. Treated water discharged from Pond A reports to Channel A+10.

CHANNEL A+10

Channel A+10 receives the combined flows from Pond A and Ditch 10 and is channelled northward to the top of Pond D where it is combined with discharge from Pond C. This water then reports to the north cell of Pond D. If additional metal or suspended solids treatment is required in Channel A+10, lime, caustic soda, chemical flocculent or coagulant may be added throughout the channel.

POND C

Effluent and runoff from the north portion of the TMA drain north- and westward around the inside of the perimeter embankment to Pond C. Similarly, decanted water from the tailings thickener(s) is channelled to Pond A and Pond C. Lime station #2 is located at the discharge point from Pond C. Lime is added to the discharge water to elevate the pH values typically above 9.5 in order to precipitate heavy metals as hydroxides. If additional metal or suspended solids precipitation is required, chemical flocculent, coagulant or caustic soda can be added here. Treated water discharged from Pond C reports to Pond D. CONTENT COPY OF ORIGINAL

POND D

Pond D is divided into north and south cells by a splitter dyke. The hydroxide sludge produced by the liming process is accumulated in Pond D, particularly within the north cell. Accumulated lime treatment sludge in Pond D is periodically removed and deposited in the sludge containment cells located on the lower south exposure of the tailings impoundment. The south cell of Pond D is primarily utilized as a polishing pond. If additional effluent treatment is required, lime, chemical flocculant, coagulant or caustic soda can be added within the ponds as required, or at the Lime Station #4 prior to discharge to Pond E.

POND E

Pond E, located adjacent to Pond D, has an area of 62 hectare and is contained by a 2100 metre-long dam that abuts with the existing west dam of Pond D. Treated effluent from Pond D enters Pond E (a polishing pond having four cells, North, East, South, and West, with splitter dykes and a sludge barrier) where it is further clarified through natural processes. Prior to discharge from the Pond E area, effluent is mixed with CO2, or in emergency conditions, sulphuric acid, to lower the pH to within a range of 6.0 to 9.5.

FINAL WASTEWATER CONTROL STRUCTURE AND MONITORING POINT

The Final Wastewater Control Structure is located at the northeast corner of Pond E. It consists of a stoplog structure to control wastewater levels and discharge flow rates and a Parshall flume to measure flows. Final Effluent from Pond E enters a constructed ditch and is conveyed to the Porcupine River, the designated receiving water.

The Final Effluent Monitoring Point is located within the lower portion of the Final Effluent discharge channel, approximately 100 metres downstream of the Wastewater Control Structure. This location will be the effluent monitoring and effluent limits point to fulfil requirements of Ontario Regulation 560/94.

MISCELLANEOUS all other controls, electrical equipment, instrumentation, piping, pumps, valves and appurtenances essential for the proper operation of the aforementioned sewage works; all in accordance with the documents listed below:

1. Application for Approval of Industrial Sewage Works dated July 28, 1966, plans, tailings disposal design criteria, specifications, reports and correspondence prepared by Dr. E. R. Robinsky, University of Toronto, The Ralph M. Construction Company of Canada Ltd., Consultants and the Texas Gulf Sulphur Company.

2. Application for Approval of Industrial Sewage Works dated January 21, 1971, plans, project description, appendices and correspondence submitted by Ecstall Mining Limited, a subsidiary of Texas Gulf Sulphur Company.

3. Application for Approval of Industrial Sewage Works dated September 14, 1973, correspondence from Mr. A. Perry to Mr. N. Borodczak dated November 2, 1973, plans and project description submitted by Ecstall Mining Limited, a subsidiary of Texas Gulf Sulphur Company.

4. Application for Approval of Industrial Sewage Works dated March 4, 1976, plans, project description, appendices and correspondence submitted by Texasgulf Canada Limited.

5. Application for Approval of Industrial Sewage Works dated July 18, 1984 including report and drawings submitted by Kidd Creek Mines Ltd.

6. Application for Approval of Industrial Sewage Works dated December 12, 1990 and signed by W.W. Holmes, Vice- President and General Manager, Falconbridge Limited, Kidd Creek Division and all supporting information.

7. Application for Approval of Industrial Sewage Works dated January 25, 1994, including five appendices listed on the application form. CONTENT COPY OF ORIGINAL

8. Letter form MOEE Approvals Branch to Falconbridge Limited, Kidd Creek Division, dated February 14, 1994.

9. Letter dated February 22, 1994 from Falconbridge Limited, Kidd Creek Division to MOEE Approvals Branch with enclosed information.

10. Letter dated July 22, 1994 from Falconbridge Limited, Kidd Creek Division to MOEE Approvals Branch sent by facsimile transmission.

11. Letter dated October 13, 1994 from Liquid Carbonic Inc. to MOEE Approvals Branch with two drawings numbered LC-LI-002 and LCI-003, all sent by facsimile transmission.

12. Application for Approval of Industrial Sewage Works dated July 16, 1999 and signed by Mark Wiseman, Manager, Occupational Health, Safety and Environment, Falconbridge Limited, Kidd Metallurgical Division, and all supporting information.

13. Letter dated July 29, 1999 from Falconbridge Kidd Metallurgical Division to Ministry of the Environment, Environmental assessment and Approvals Branch along with enclosed information.

14. Application for Approval of Industrial Sewage Works received on January 22, 2001 and signed by Susan Mathieu, Manager, Occupational Health, Safety and Environment, Falconbridge Limited, Kidd Metallurgical Division, and all supporting information.

15. Application for Approval of Industrial Sewage Works dated April 26, 2002 and signed by Susan Mathieu, Manager, Occupational Health, Safety and Environment, Falconbridge Limited, Kidd Metallurgical Division, and all supporting information.

16. Falconbridge Limited Kidd Metallurgical Division Jarosite Pond Facility, Report on Detailed Design of Upgrades to Seepage and Runoff Management Measures (Ref. No. NB101-00015/4-1), April 9, 2002 by Knight Piesold Consulting.

17. Application for Approval of Industrial Sewage Works dated August 30, 2002 and signed by Susan Mathieu, Manager, Occupational Health, Safety and Environment, Falconbridge Limited, Kidd Metallurgical Division, and all supporting information.

18. Letter form MOE Environmental Assessment and Approvals Branch to Falconbridge Limited, Kidd Metallurgical Division, dated November 8, 2002.

19. Letter dated December 2, 2002 from Falconbridge Kidd Metallurgical Division to Ministry of the Environment, Environmental assessment and Approvals Branch along with enclosed information.

20. Falconbridge (Kidd Creek), Mine Project Paste Backfill System, Tailings Pipeline From Metsite to Kidd Mine, and disposal of Kidd Mine Water Treatment sludge to Kidd Metsite TMA, Basic Engineering Report (PSI Document No. 3758-RPT-G-004, Kidd Document No. RPT-2611-0004) dated October 2002 by Pipeline Systems Incorporated.

21. Application for Approval of Industrial Sewage Works dated July 30, 2004 and signed by Susan Mathieu, Manager EHS, Falconbridge Limited, Kidd Metallurgical Division and all supporting information.

22. Application for Approval of Industrial Sewage Works dated November 2, 2004, signed by Leah Fedat, Environmental Coordinator and supporting information and documentation submitted by prepared by Falconbridge Limited.

23. Application for Approval of Industrial Sewage Works dated March 16, 2005 and signed by Susan Mathieu, Manager, EHS, Falconbridge Limited, Kidd Metallurgical Division, including Tailings Management Area Baseline Conditions Report (Ref: 04-1118-002 (4800)) dated March 2005 by Golder Associates Ltd, and all supporting information.

24. Application for Approval of Industrial Sewage Works dated May 24, 2006 and signed by Michael Patterson, CONTENT COPY OF ORIGINAL

Manager, EHS, Falconbridge Limited, Kidd Metallurgical Division, including two Technical Memorandums prepared by Golder Associates dated April 03, 2006 and May 02, 2006 and work specifications.

25. Application for Approval of Industrial Sewage Works dated February 16, 2007 for the Jarosite Pond Facility Re- Activation and Buffalo Paddock Area and signed by Michael Patterson, Manager, EHS, Falconbridge Limited, Kidd Metallurgical Division.

26. Xstrata Copper, Kidd Metallurgical Site - Buffalo Paddock Area - Report on Runoff Collection Measures Design, dated January 17, 2007, prepared by Knight Piésold Ltd.

27. Xstrata Copper, Kidd Metallurgical Site - Jarosite Pond Facility - Report on Revised Design for Short-Term Re- Activation, Volume 1 and 2, dated February 12, 2007, prepared by Knight Piésold Ltd.

For the purpose of this Certificate of Approval and the terms and conditions specified below, the following definitions apply:

(1) "Certificate" means this entire certificate of approval document, issued in accordance with Section 53 of the Ontario Water Resources Act, and includes any schedules;

(2) "Director" means any Ministry employee appointed by the Minister pursuant to section 5 of the Ontario Water Resources Act;

(3) "Ministry" means the Ontario Ministry of Environment;

(4) "District Manager" means the District Manager of the Timmins District Office of the Ministry's Northern Region;

(5) “Existing Works” means those portions of the sewage works previously constructed and approved under a certificate of approval;

(6) "Owner" means Falconbridge Limited, Kidd Metallurgical Site and includes its future successors and assignees;

(7) “Proposed Works” means the sewage works described in the Owner's application, this Certificate and in the supporting documentation referred to herein, to the extent approved by this Certificate; and

(8) "Works" means the sewage works described in the Owner's application, this Certificate and in the supporting documentation referred to herein, to the extent approved by this Certificate and includes Proposed Works and Existing Works.

You are hereby notified that this approval is issued to you subject to the terms and conditions outlined below:

TERMS AND CONDITIONS

1. GENERAL CONDITION

(1) Except as otherwise provided by these Conditions, the Owner shall design, build, install, operate and maintain the works in accordance with the description given in this Certificate, the application for approval of the works and the submitted supporting documents and plans and specifications as listed in this Certificate.

(2) Where there is a conflict between a provision of any submitted document referred to in this Certificate and the Conditions of this Certificate, the Conditions in this Certificate shall take precedence, and where there is a conflict between the listed submitted documents, the document bearing the most recent date shall prevail.

(3) The requirements of this Certificate are severable. If any requirement of this Certificate, or the application of any requirement of this Certificate to any circumstance, is held invalid, the application of such requirement to other circumstances and the remainder of this Certificate shall not be affected thereby. CONTENT COPY OF ORIGINAL

(4) In the event of a conflict between information submitted in support of the application for this Certificate, whether referred to in this Certificate or not, and any term or condition of this Certificate, the term or condition shall prevail.

(5) The requirements specified in this Certificate are the requirements under Section 53 of the Ontario Water Resources Act. The issuance of this Certificate in no way abrogates the Owner’s legal obligations to take all reasonable steps to avoid violating other applicable provisions of this legislation and other legislation and regulations. 2. CHANGE OF OWNER

(1) The Owner shall notify the District Manager and the Director, in writing, of any of the following changes within 30 days of the change occurring: (a) change of Owner or operating authority, or both;

(b) change of address of Owner or operating authority or address of new owner or operating authority;

(c) change of partners where the Owner or operating authority is or at any time becomes a partnership, and a copy of the most recent declaration filed under the Partnerships Registration Act;

(d) change of name of the corporation where the Owner or operator is or at any time becomes a corporation, and a copy of the most current "Initial Notice or Notice of Change" (Form 1, 2 or 3 of O. Reg. 189, R.R.O. 1980, as amended from time to time), filed under the Corporations Information Act shall be included in the notification to the District Manager;

(2) In the event of any change in ownership of the works, the Owner shall notify in writing the succeeding owner of the existence of this Certificate, and a copy of such notice shall be forwarded to the District Manager.

(3) The Owner shall ensure that all communications made pursuant to this condition will refer to this Certificate's number.

3. CHANGES IN PROCESSES OR PROCESS MATERIALS After the commencement of operation of the sewage works the owner shall give written notice to the Director of any plans to change the processes or process materials forming a part of the sewage works where the change may materially alter the quantity or quality of the influent to or effluent from the sewage works, and no such change(s) shall be made unless and until the owner applies for and receives the written approval of the Director pursuant to section 53 of the Ontario Water Resources Act. 4. AS-CONSTRUCTED DRAWINGS (1) The Owner shall, within one (1) year of the date of issuance of this Certificate, prepare a complete set of drawings showing the sewage works as approved by this Certificate as-constructed and shall amend the drawings from time to time to reflect all changes in or additions to the Works.

(2) The Owner shall retain the as-constructed drawings, at the location of the sewage works for so long as it is in operation, and shall make them available for inspection by Ministry employees upon request. 5. OPERATION AND MAINTENANCE (1) The Owner shall prepare an operations manuals in electronic and/or hard copy format or combination thereof for the various components of the sewage works, within six (6) months of the date of issuance of this Certificate, that includes, but not necessarily limited to, the following information: (a) operating procedures for routine operation of the various components of the Works;

(b) inspection programs, including frequency of inspection, for the Works and the methods or tests employed to detect when maintenance is necessary;

(d) contingency plans and procedures for dealing with potential spill, bypasses and any other abnormal situations and for notifying the District Manager; and

(e) complaint procedures for receiving and responding to public complaints. CONTENT COPY OF ORIGINAL

(2) The Owner shall maintain the operations manual up to date through revisions undertaken from time to time and retain a copy at the location of the sewage works. Upon request, the Owner shall make the manual available for inspection and copying by Ministry personnel.

6. EFFLUENT - VISUAL OBSERVATIONS Notwithstanding any other condition in this Certificate, the Owner shall ensure that the effluent from the works is essentially free of floating and settleable solids and does not contain oil or any other substance in amounts sufficient to create a visible film, sheen or foam on the receiving waters. 7. RECEIVER WATER IMPACT ASSESSMENT AND MONITORING

(1) The Owner shall conduct water quality assessments of the Porcupine River as per the Terms of Reference submitted to the Ministry dated September 15, 2003.

(2) On or before June 30, 2008 and by June 30 every three years thereafter, the Owner shall submit a report on the findings of the water quality assessment described in subsection (1) to the District Manager, unless an alternate reporting schedule is submitted to and approved by the District Manager.

(3) The District Manager, upon receiving from the Owner an amended Terms of Reference for a water quality assessment of the Porcupine River, can revoke and replace the Terms of Reference dated September 15, 2003 with the amended Terms of Reference. If the amended Terms of Reference is approved by the District Manager, the Owner shall conduct the water quality assessment as per the amended Terms of Reference. The amended Terms of Reference may be harmonized with the requirements specified under the Fisheries Act Metal Mining Effluent Regulations administered by Environment Canada.

8. REPORTING (1) One week prior to the start up of the operation of the Proposed Works, the Owner shall notify the District Manager (in writing) of the pending start up date.

(2) In addition to the obligations under Part X of the Environmental Protection Act, the Owner shall, within 10 working days of the occurrence of any spill, bypass or loss of any product, by product, intermediate product, oils, solvents, waste material or any other polluting substance into the environment, submit a full written report of the occurrence to the District Manager describing the cause and discovery of the spill or loss, clean-up and recovery measures taken, preventative measures to be taken and schedule of implementation.

(3) The Owner shall prepare and submit a performance report by March 31 of year following reporting period to the District Manager on an annual basis. The first such report shall cover the first annual period following the commencement of operation of the works and subsequent reports shall be submitted to cover successive annual periods following thereafter. The reports shall contain, but shall not be limited to, the following information: (a) a summary and interpretation of all monitoring data and a comparison to the effluent limits outlined in Ontario Regulation 560/94, including an overview of the success and adequacy of the sewage works;

(b) a summary of the final effluent flowrate data including the daily flowrate on the day when a sample was collected and the calculated total effluent discharged in the preceding one year;

(d) a summary of all maintenance carried out on any major structure, equipment, apparatus, mechanism or thing forming part of the sewage works;

(e) a summary of any effluent quality assurance or control measures undertaken in the reporting period;

(f) a summary of the calibration and maintenance carried out on all effluent monitoring equipment; and

(g) a summary of any alterations, extensions or replacements in the process or operation of the works which are considered for implementation over the next reporting period, especially those which may require approval under the Ontario Water Resources Act. CONTENT COPY OF ORIGINAL

The reasons for the imposition of these terms and conditions are as follows:

1. Condition 1 is imposed to ensure that the Works are built and operated in the manner in which they were described for review and upon which approval was granted. This condition is also included to emphasize the precedence of Conditions in the Certificate and the practice that the Approval is based on the most current document, if several conflicting documents are submitted for review. In addition, this Condition is included to emphasize that the issuance of the certificate does not diminish any other statutory and regulatory obligations to which the owner is subject in the construction, maintenance and operation of the Works.

2. Condition 2 is included to ensure that the Ministry records are kept accurate and current with respect to approved works and to ensure that subsequent owners of the Works are made aware of the Certificate and continue to operate the works in compliance with it.

3. Condition 3 is included to ensure that the works is operated in accordance with the information submitted by the Owner relating to the process and materials which are served by the Works, and to ensure that any contemplated changes in them which could potentially affect the characteristics of effluent from the Works will be properly reviewed and approved.

4. Condition 4 is included to enable the owner to record and the Ministry to verify that the Works are constructed and operated in accordance with the Certificate.

5. Condition No. 5 is included to ensure that a comprehensive operations manuals governing all significant areas of operation, maintenance and repair is prepared, implemented and kept up-to-date by the Owner and made available to the Ministry. Such a manual is an integral part of the operation of the Works. Its compilation and use should assist the Owner in staff training, in proper plant operation and in identifying and planning for contingencies during possible abnormal conditions. The manual will also act as a benchmark for Ministry staff when reviewing the Owner's operation of the Works.

6. Condition Nos. 6 and 7 have been imposed to ensure that the effluent discharged from the works meets the Ministry's effluent quality requirements thus minimizing environmental impact on the receiver.

7. Condition No. 8 related to reporting has been imposed to require the Owner to demonstrate on a continual basis that, the performance of the approved works is at a level consistent with the design for the achievement of the effluent limits and objectives specified in the Certificate, and does not cause any impairment to the receiving watercourse; and, that all pertinent information is available for evaluation of the TMA performance.

This Certificate of Approval revokes and replaces Certificate(s) of Approval No. 9777-6RMM23 issued on August 4, 2006.

In accordance with Section 100 of the Ontario Water Resources Act, R.S.O. 1990, Chapter 0.40, as amended, you may by written notice served upon me and the Environmental Review Tribunal within 15 days after receipt of this Notice, require a hearing by the Tribunal. Section 101 of the Ontario Water Resources Act, R.S.O. 1990, Chapter 0.40, provides that the Notice requiring the hearing shall state:

1. The portions of the approval or each term or condition in the approval in respect of which the hearing is required, and; 2. The grounds on which you intend to rely at the hearing in relation to each portion appealed.

The Notice should also include:

3. The name of the appellant; 4. The address of the appellant; 5. The Certificate of Approval number; CONTENT COPY OF ORIGINAL

6. The date of the Certificate of Approval; 7. The name of the Director; 8. The municipality within which the works are located;

And the Notice should be signed and dated by the appellant.

This Notice must be served upon:

The Secretary* AND The Director Environmental Review Tribunal Section 53, Ontario Water Resources Act 2300 Yonge St., Suite 1700 Ministry of the Environment P.O. Box 2382 2 St. Clair Avenue West, Floor 12A Toronto, Ontario Toronto, Ontario M4P 1E4 M4V 1L5

* Further information on the Environmental Review Tribunal’s requirements for an appeal can be obtained directly from the Tribunal at: Tel: (416) 314-4600, Fax: (416) 314-4506 or www.ert.gov.on.ca

The above noted sewage works are approved under Section 53 of the Ontario Water Resources Act.

DATED AT TORONTO this 16th day of May, 2007 Mohamed Dhalla, P.Eng. Director Section 53, Ontario Water Resources Act RC/ c: District Manager, MOE Timmins Matthew Parfitt, Knight Piesold Ltd