Ohio Admin. Code 1501:13-9-04 - Protection of the hydrologic system
(A) General. Mining shall be planned and
conducted to minimize disturbance to the prevailing hydrologic balance in both
the permit and adjacent areas, to prevent material damage to the hydrologic
balance outside the permit area, to assure the protection or replacement of
water rights, and to support approved postmining land uses in accordance with
the terms and conditions of the approved permit and the requirements of mining
and reclamation rules. The chief may require additional preventive, remedial,
or monitoring measures to assure that material damage to the hydrologic balance
outside the permit area is prevented. Mining and reclamation practices that
minimize water pollution and changes in flow shall be used in preference to
water treatment.
(B) Water quality
standards and effluent limitations.
(1) All
surface drainage from the disturbed area, including disturbed areas that have
been graded, seeded, or planted, shall be passed through a sedimentation pond
or a series of sedimentation ponds before leaving the permit area until
vegetation is established, at which time vegetation of the area may be the best
technology currently available, provided that drainage from the area:
(a) Meets effluent limitations; and
(b) Does not contribute suspended solids to
streamflow.
(2)
Sedimentation ponds and other treatment facilities shall be maintained until
the quality of the untreated drainage from the disturbed area meets the
applicable state and federal water quality standard requirements.
(3) The chief may grant exemptions from the
requirements of paragraph (B)(1) of this rule only when:
(a) The chief determines that the disturbed
drainage area relative to the total disturbed area is small;
(b) Alternative sediment control measures are
provided, if required by the chief; and
(c) The operator demonstrates that the
drainage from the disturbed area will meet the effluent limitations of mining
and reclamation rules.
(4) For the purposes of this rule only,
"disturbed area" shall not include those areas in which only diversion ditches,
sedimentation ponds, or roads are installed in accordance with this rule and
rule
1501:13-10-01
of the Administrative Code and the upstream area is not otherwise disturbed by
the person who conducts coal mining operations.
(5) Before mining commences in any watershed:
(a) A proper sediment control system
including sedimentation ponds, diversions, and other treatment methods shall be
constructed; and
(b) Upon
completion of construction, this sediment control system shall be certified by
an engineer or jointly by an engineer and a surveyor, to the extent such joint
certification is required or permitted by the chief, as meeting the dimensions and design criteria set
forth in the engineering plans, drawings, and design details submitted as part
of the application for a permit.
(6) Point source discharge of water from
areas disturbed by coal mining operations shall be made in compliance with
effluent limitations of all applicable federal and state laws and regulations.
All other surface drainage shall not cause additional contributions of
suspended solids to streamflows.
(7) Where the sedimentation pond or series of
sedimentation ponds is used so as to result in the mixing of drainage from the
disturbed areas with drainage from other areas not disturbed by current surface
coal mining and reclamation operations, the permittee shall achieve the
effluent limitations for all of the mixed drainage when it leaves the permit
area.
(C) All facilities
utilized by an operator to achieve compliance with federal and state water
quality laws shall be properly installed, maintained and operated so that they
will perform the functions for which they were designed, and shall be removed
in accordance with this rule when no longer needed, unless they have been
approved as part of the postmining land use.
(D) Sediment control measures.
(1) The purpose of this rule is to meet the
applicable state and federal effluent limitations by means of a combination of
sediment control measures which, taken together, comprise a complete sediment
control system.
(2) Appropriate
sediment control measures shall be designed, constructed, and maintained using
the best technology currently available to:
(a) Prevent, to the extent possible,
additional contributions of sediment to streamflow or to runoff outside the
permit area;
(b) Meet the more
stringent of applicable state or federal effluent limitation; and
(c) Minimize erosion to the extent
possible.
(3) Sediment
control measures include practices carried out within and adjacent to the
disturbed area. The sedimentation storage capacity of practices in and
downstream from the disturbed area shall reflect the degree to which successful
mining and reclamation techniques are applied to reduce erosion and control
sediment. Sediment control measures consist of the utilization of proper mining
and reclamation methods and sediment control practices, singly or in
combination. Sediment control methods include but are not limited to:
(a) Disturbing the smallest practicable area
at any one time during the mining operation through progressive backfilling and
grading, and prompt revegetation as required in rule
1501:13-9-15 of the
Administrative Code.
(b)
Stabilizing the backfill material to promote a reduction in the rate and volume
of runoff, in accordance with the requirements of rule
1501:13-9-14
of the Administrative Code;
(c)
Retaining sediment within disturbed areas;
(d) Diverting runoff away from disturbed
areas;
(e) Diverting runoff using
protected channels or pipes through disturbed areas so as not to cause
additional erosion;
(f) Using straw
dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds,
and other measures that reduce overland flow velocity, reduce runoff volume, or
trap sediment; and
(g) Treating
with chemicals.
(E) Stream buffer zones.
(1) No land within one hundred feet, measured
horizontally, of a perennial or intermittent stream shall be disturbed unless
the chief specifically authorizes coal mining operations closer to or through
such a stream. The chief may authorize such operations only upon making a
finding under both paragraphs (E)(1)(a) and (E)(1)(b) of this rule or under
paragraph (E)(1)(c) of this rule:
(a) The
operations will not cause or contribute to the violation of applicable state or
federal water quality standards, and will not adversely affect the water
quantity and quality or other environmental resources of the stream;
and
(b) If there will be a
temporary or permanent stream channel diversion, it will comply with paragraph
(F) of this rule; or
(c) If
restoration of a stream or a portion of a stream on the permit area is not
possible, restoration off the permit area by means of mitigation has been
approved by the chief under rule
1501:13-13-08
of the Administrative Code.
(2) The area not to be disturbed shall be
described as a buffer zone, and the operator shall mark it as specified by
paragraph (E) of rule
1501:13-9-01 of
the Administrative Code.
(F) Diversions.
(1) General requirements.
(a) With the approval of the chief, any flow
from mined areas abandoned before May 3, 1978, and any flow from undisturbed
areas or reclaimed areas, after meeting the criteria of paragraph (G) of this
rule for siltation structure removal, may be diverted away from disturbed areas
by means of temporary or permanent diversions. All diversions shall be designed
to minimize adverse impacts to the hydrologic balance within the permit and
adjacent areas, to prevent material damage outside the permit area and to
assure the safety of the public. Diversions shall not be used to divert water
into underground mines without approval of the chief under paragraph (Q) of
this rule.
(b) The diversion and
its appurtenant structures shall be designed, located, constructed, maintained
and used to:
(i) Be stable;
(ii) Provide protection against flooding and
resultant damage to life and property;
(iii) Prevent, to the extent possible using
the best technology currently available, additional contributions of suspended
solids to streamflow outside the permit area; and
(iv) Comply with all applicable local, state,
and federal laws and regulations.
(c) Temporary diversions shall be removed
promptly when no longer needed to achieve the purpose for which they were
authorized. The land disturbed by the removal process shall be restored in
accordance with these rules. Before diversions are removed, downstream
water-treatment facilities previously protected by the diversion shall be
modified or removed, as necessary, to prevent overtopping or failure of the
facilities. This requirement shall not relieve the operator from maintaining
water-treatment facilities as otherwise required. A permanent diversion or a
stream channel reclaimed after the removal of a temporary diversion shall be
designed and constructed so as to restore or approximate the premining
characteristics of the original stream channel including the natural riparian
vegetation to promote the recovery and the enhancement of the aquatic
habitat.
(d) The chief may specify
design criteria for diversions to meet the requirements of this rule.
(2) Diversion of perennial and
intermittent streams.
(a) Diversion of
perennial and intermittent streams within the permit area may be approved by
the chief after making the finding relating to stream buffer zones that the
diversion will not adversely affect the water quantity and quality and related
environmental resources of the stream.
(b) The design capacity of channels for
temporary and permanent stream channel diversions shall be at least equal to
the capacity of the unmodified stream channel immediately upstream and
downstream from the diversion.
(c)
The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the
temporary and permanent diversions for perennial and intermittent streams are
designed so that the combination of channel, bank and floodplain configuration
is adequate to pass safely the peak runoff of a ten-year, six hour
precipitation event for a temporary diversion and a one-hundred-year, six hour
precipitation event for a permanent diversion.
(d) A permanent stream-channel diversion or a
stream channel restored after the completion of mining shall be designed and
constructed using natural channel design techniques so as to restore or
approximate the premining characteristics of the original stream channel,
including the natural riparian vegetation and the natural hydrological
characteristics of the original stream, to promote the recovery and enhancement
of the aquatic habitat and to minimize adverse alteration of stream channels on
and off the site, including channel deepening or enlargement, to the extent
possible.
(e) The design and
construction of all stream channel diversions of perennial and intermittent
streams shall be certified by an engineer as meeting the performance standards
of Chapter 1501:13-9 of the Administrative Code and any design criteria set by
the chief.
(3) Diversion
of miscellaneous flows.
(a) Miscellaneous
flows, which consist of all flows except for perennial and intermittent
streams, may be diverted away from disturbed areas if required or approved by
the chief. Miscellaneous flows shall include ground-water discharges and
ephemeral streams.
(b) The design,
location, construction, maintenance, and removal of diversions of miscellaneous
flows shall meet all of the performance standards set forth in paragraph (F)(1)
of this rule.
(c) The requirements
of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and
permanent diversions for miscellaneous flows are designed so that the
combination of channel, bank and flood-plain configuration is adequate to pass
safely the peak runoff of a two-year, six hour precipitation event for a
temporary diversion and a ten-year, six hour precipitation event for a
permanent diversion.
(G) Siltation structures.
(1) Definitions. For the purposes of this
rule only:
(a) "Siltation structure" means a
sedimentation pond, a series of sedimentation ponds, or other treatment
facility;
(b) "Disturbed" area
shall not include those areas:
(i) In which
the only surface mining operations include diversion ditches, siltation
structures, or roads that are designed, constructed and maintained in
accordance with mining and reclamation rules; and
(ii) For which the upstream area is not
otherwise disturbed by the operator; and
(c) "Other treatment facility" means any
chemical treatment, such as flocculation, or mechanical structure, such as a
clarifier, that has a pointsource discharge and that is utilized to prevent
additional contribution of suspended solids to streamflow or runoff outside the
permit area.
(2) General
requirements.
(a) Additional contributions of
suspended solids to streamflow or runoff outside the permit area shall be
prevented to the extent possible using the best technology currently
available.
(b) All surface drainage
from the disturbed area shall be passed through a siltation structure before
leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of
this rule.
(c) Siltation structures
for an area shall be constructed before beginning any surface mining operations
in that area and, upon construction, shall be certified by an engineer as being
constructed as designed and as approved in the reclamation plan.
(d) Any siltation structure which impounds
water shall be designed, constructed and maintained in accordance with
paragraph (H) of this rule.
(e)
Siltation structures shall be maintained until removal is authorized by the
chief and the disturbed area has been stabilized and revegetated. In no case
shall the structure be removed sooner than two years after the last augmented
seeding, unless, after vegetation is established, the operator demonstrates and
the chief approves under paragraph (E)(1)(g) of rule
1501:13-4-05
or paragraph (E)(1)(f) of rule
1501:13-4-14
of the Administrative Code alternative methods of sediment control as the best
technology currently available.
(f)
When a siltation structure is removed, the land on which the siltation
structure was located shall be regraded and revegetated in accordance with the
reclamation plan and rule
1501:13-9-15 of the
Administrative Code.
(3)
Sedimentation ponds.
(a) When used,
sedimentation ponds shall:
(i) Be used
individually or in series;
(ii) Be
located as near as possible to the disturbed area and out of perennial streams
unless approved by the chief; and
(iii) Be designed, constructed, and
maintained to:
(a) Provide adequate sediment
storage volume;
(b) Provide
adequate detention time to allow the effluent from the ponds to meet state and
federal effluent limitations;
(c)
Contain or treat the ten-year twenty-four hour precipitation event ("design
event") unless a lesser design event is approved by the chief based on terrain,
climate, other site-specific conditions and on a demonstration by the operator
that the effluent limitations of this rule will be met;
(d) Provide a nonclogging dewatering device
adequate to maintain the detention time required under paragraph
(G)(3)(a)(iii)(b) of this rule;
(e)
Minimize, to the extent possible, short circuiting;
(f) Provide periodic sediment removal
sufficient to maintain adequate volume for the design event;
(g) Ensure against excessive
settlement;
(h) Be free of sod,
large roots, frozen soil, and acid- or toxic-forming coal-mine waste;
and
(i) Be compacted
properly.
(4) Other treatment facilities.
(a) Other treatment facilities shall be
designed to treat the ten-year, twenty-four-hour precipitation event unless a
lesser design event is approved by the chief based on terrain, climate, other
site-specific conditions and a demonstration by the operator that the effluent
limitations of this rule will be met.
(b) Other treatment facilities shall be
designed in accordance with the applicable requirements of paragraph (G)(3) of
this rule.
(H)
Impoundments.
(1) General requirements. The
requirements of paragraph (H)(1) of this rule apply to both temporary and
permanent impoundments.
(a) Impoundments
meeting the criteria of
30
C.F.R. 77.216(a) or the
significant hazard potential or high hazard potential
classification (formerly called class B or C) criteria for dams in the U.S. department of
agriculture, soil
natural resources conservation service technical
release no. 60
TR-210-60 , "Earth Dams and Reservoirs,"
1985
March
2019 , (which is hereby incorporated by reference) shall comply with the
design and construction requirements of paragraph (H) of this rule and either
paragraphs (H)(1) and (H)(2) of rule
1501:13-4-05
or paragraphs (H)(1) and (H)(2) of rule
1501:13-4-14
of the Administrative Code. Copies of technical release
no. 60
TR-210-60 may be obtained from the
national technical information service (NTIS), 5301
Shawnee road, Alexandria, Virginia 22312, order No. PB87157509
"USDA Natural Resources Conservation Service eDirectives"
webpage,
https://directives.sc.egov.usda.gov/.
Copies can be inspected at the division of mineral resources management
headquarters office at 2045 Morse road, building H, Columbus, Ohio
43229.
(b) Design certification.
The design of impoundments shall be certified in accordance with rule
1501:13-4-05
or
1501:13-4-14
of the Administrative Code as designed to meet the requirements of this rule
using current, prudent, engineering practices and any design criteria
established by the chief.
(c)
Stability.
(i) Impoundments meeting the
criteria of
30
C.F.R. 77.216(a) or the
significant hazard potential or high hazard potential
classification (formerly called class B or C) criteria for dams in technical release
no. 60
TR-210-60 shall have a minimum static safety factor of
1.5 for a normal pool with steady state seepage saturation conditions, and a
seismic safety factor of at least 1.2.
(ii) Impoundments not meeting the criteria of
paragraph (H)(1)(c)(i) of this rule, except for coal mine waste impounding
structures, shall have a minimum static safety factor of 1.3 for a normal pool
with steady state seepage saturation conditions or be designed in accordance
with paragraph (H)(2)(c) of rule
1501:13-4-05
or paragraph (H)(2)(c) of rule
1501:13-4-14
of the Administrative Code.
(d) Freeboard. Impoundments shall have
adequate freeboard to resist overtopping by waves and by sudden increases in
storage volume. Impoundments meeting the significant
hazard potential or high hazard potential classification (formerly called
class B or C) criteria for dams in technical
release no. 60
TR-210-60 shall comply with the freeboard hydrograph
criteria in the "Figure 2-2: Table of Minimum
emergency
table in technical release
no. 60
(e) Foundation.
(i) Foundation and abutments for the
impounding structure shall be designed to be stable under all conditions of
construction and operation of the impoundment. For impoundments meeting the
size or other criteria of
30
C.F.R. 77.216(a) or the
significant hazard potential or high hazard potential
classification (formerly called class B or C) criteria for dams in technical release
no. 60
TR-210-60 , sufficient foundation investigations as
well as any necessary laboratory testing shall be performed in order to
determine the design requirements for foundation stability.
(ii) All vegetative and organic materials
shall be removed and foundations excavated and prepared to resist failure.
Cutoff trenches shall be installed if necessary to ensure stability.
(f) Slope protection shall be
provided to protect against surface erosion at the site and protect against
sudden drawdown.
(g) Faces of
embankments and surrounding areas shall be vegetated, except that faces where
water is impounded may be riprapped or otherwise stabilized in accordance with
accepted design practices.
(h)
(i) An impoundment meeting the size or other
qualifying criteria of
30
C.F.R. 77.216(a) shall
include either a combination of principal and emergency spillways or a single
spillway designed and constructed to safely pass a one-hundred-year, six-hour
precipitation event, or greater event as specified by the chief.
(ii) An impoundment not meeting the size or
other qualifying criteria of
30
C.F.R. 77.216(a) shall
include either a combination of principal and emergency spillways or a single
spillway designed and constructed to safely pass a twenty-five-year, six-hour
precipitation event, or greater event as specified by the chief.
(iii) An impoundment meeting the
significant hazard potential or high hazard potential
classification (formerly called class B or C) criteria for dams in technical release
no. 60
TR-210-60
shall include either a combination of principal and emergency spillways
or a single spillway designed and constructed to safely pass the design
precipitation event using the emergency
auxiliary spillway hydrograph criteria in
the "Figure 2-2:
Table of Minimum emergency
Auxiliary Spillway Hydrologic Criteria"
table in technical release
no. 60
TR-210-60 , or greater event specified by the
chief.
(iv) Impoundments may use a
single open-channel spillway designed and constructed according to paragraph
(H)(1)(h)(i),
or (H)(1)(h)(ii), or
(H)(1)(h)(iii) of this rule if the spillway:
(a) Is of nonerodible construction and
designed to carry sustained flows; or
(b) Is earth- or grass-lined and designed to
carry short-term infrequent flows at nonerosive velocities where sustained
flows are not expected.
(i) The vertical portion of any remaining
highwall shall be located far enough below the low-water line along the full
extent of highwall to provide adequate safety and access for the proposed water
users. For permanent impoundments, the vertical portion of the remaining
highwall shall also meet the requirements of paragraph (H)(2)(d) of this
rule.
(j) Inspections. An engineer
or other qualified professional specialist, under the direction of the
engineer, shall inspect the impoundment. The engineer or specialist shall be
experienced in the construction of impoundments.
(i) Inspections shall be made regularly
during construction, upon completion of construction, and at least yearly until
removal of the structure or release of the performance security.
(ii) The engineer shall promptly, after each
inspection, provide to the chief a certified report that the impoundment has
been constructed and maintained as designed in accordance with the approved
plan and these rules. The report shall include discussion of any appearances of
instability, structural weakness or other hazardous conditions, depth and
elevation of any impounded waters, existing storage capacity, any existing or
required monitoring procedures and instrumentation and any other aspects of the
structure affecting stability.
(iii) A copy of the report shall be retained
at or near the minesite.
(k) Impoundments meeting the
significant hazard potential or high hazard potential
classification (formerly called class B or C) criteria for dams in technical release
no. 60
TR-210-60 or subject to
30
C.F.R. 77.216 must be examined in accordance
with
30
C.F.R. 77.216-3. Other impoundments shall be
examined for appearance of structural weakness and other hazardous conditions
at least quarterly by a qualified person designated by the operator.
(l) Emergency procedures. If any examination
or inspection discloses that a potential hazard exists, the person who examined
the impoundment shall promptly inform the chief of the finding and of the
emergency procedures formulated for public protection and remedial action. If
adequate procedures cannot be formulated or implemented, the chief shall be
notified immediately. The chief shall then notify the appropriate agencies that
other emergency procedures are required to protect the public.
(2) Permanent impoundments. A
permanent impoundment of water may be created if authorized by the chief in the
approved permit based upon the following demonstration:
(a) The size and configuration of such
impoundment will be adequate for its intended purposes;
(b) The quality of impounded water will be
suitable on a permanent basis for its intended use and, after reclamation, will
meet applicable state and federal water quality standards, and discharges from
the impoundment will meet applicable effluent limitations and will not degrade
the quality of receiving water below applicable state and federal water quality
standards;
(c) The water level will
be sufficiently stable and be capable of supporting the intended use;
(d) Final grading will provide for adequate
safety and access for proposed water users. For impoundments where the vertical
portion of a highwall remains, the vertical portion shall be located at least
eight feet below the low-water line;
(e) The impoundment will not result in the
diminution of the quality and quantity of water utilized by adjacent or
surrounding landowners for agricultural, industrial, recreational, or domestic
uses;
(f) The impoundment will be
suitable for the approved postmining land use;
(g) The reduced portion of any highwall shall
have a final slope appropriate for the postmining land use and shall have a
minimum static safety factor of 1.3; and
(h) The face of the reduced portion of any
highwall shall be vegetated with species appropriate for the postmining land
use.
(3) Temporary
impoundments. The chief may authorize the construction of temporary
impoundments as part of a mining operation.
(4) Sumps.
(a) Definitions. "Sump" means an excavated
temporary impoundment:
(i) Used as:
(a) A secondary structure which discharges
into a sedimentation pond, provided the sedimentation pond, in combination with
the sump and any other sediment control measures used, achieves the applicable
state and federal effluent limitations; or
(b) A primary structure to control the runoff
from roads or small drainage exemption areas provided by paragraph (B)(3) of
this rule; and
(ii) That
has a volume which is compatible with its role within the complete sediment
control system.
(b) Sumps
are exempt from the requirements of paragraphs (H)(1) to (H)(3) of this
rule.
(c) Sump designs shall
include size and spillway information and shall address the stability of the
structure with respect to public health and safety.
(d) Sumps shall be constructed and maintained
to prevent, to the extent possible, additional contributions of suspended
solids to runoff outside the permit area.
(e) Before a sump becomes full of sediment,
the sediment shall be removed, and the original sump capacity
restored.
(I)
Discharge structures. Discharges from sedimentation ponds, permanent and
temporary impoundments, mine waste disposal areas, and diversions shall be
controlled by energy dissipators, riprap channels, and other devices where
necessary to reduce erosion, to prevent deepening or enlargement of stream
channels, and to minimize disturbances to the hydrologic balance. Discharge
structures shall be designed according to standard engineering design
procedures.
(J) Acid-forming and
toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste
materials and spoils into ground and surface water shall be avoided by:
(1) Identifying, burying, and treating where
necessary spoil or other materials that, in the judgment of the chief, may be
detrimental to vegetation or may adversely affect water quality if not treated
or buried;
(2) Preventing water
from coming into contact with acid-forming and toxic-forming materials in
accordance with paragraph (J) of rule
1501:13-9-14
of the Administrative Code, and other measures as required by the chief;
and
(3) Burying or otherwise
treating all acid-forming or toxic-forming spoil within thirty days after it is
first exposed on the mine site, or within a lesser period designated by the
chief. Temporary storage of the spoil may be approved by the chief upon finding
that burial or treatment within thirty days is not feasible and will not result
in any material risk of water pollution or other environmental damage. Storage
shall be limited to the period until burial or treatment becomes feasible.
Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable
material and protected from erosion and contact with surface water.
(K) Ground-water protection.
(1) Backfilled materials shall be placed so
as to minimize contamination of groundwater systems with acid, toxic, or
otherwise harmful mine drainage, minimize adverse effects of mining on
ground-water systems outside the permit area, and to support approved
postmining land uses.
(2) To
control the effects of mine drainage, pits, cuts, and other mine excavations or
disturbances shall be located, designed, constructed, and utilized in such
manner as to prevent or control discharge of acid, toxic, or otherwise harmful
mine drainage waters into ground-water systems and to prevent adverse impacts
on such ground-water systems or on approved postmining land uses.
(L) Protection of ground-water
recharge capacity. Other than underground mining operations, all coal mining
operations shall be conducted in a manner that facilitates reclamation which
will restore approximate premining recharge capacity, through restoration of
the capability of the reclaimed areas as a whole, excluding coal processing
waste and underground development waste disposal areas and fills, to transmit
water to the ground-water system. The recharge capacity shall be restored to a
condition which:
(1) Supports the approved
postmining land use;
(2) Minimizes
disturbances to the prevailing hydrologic balance in the permit and adjacent
areas; and
(3) Provides a rate of
recharge that approximates the premining recharge rate.
(M) Surface water protection. In order to
protect the hydrologic balance, mining operations shall be conducted according
to the plan approved under paragraph (E) of rule
1501:13-4-05
or paragraph (E) of rule
1501:13-4-14
of the Administrative Code, and the following:
(1) Surface-water quality shall be protected
by handling earth materials, groundwater discharges, and runoff in a manner
that minimizes the formation of acidic or toxic drainage, prevents, to the
extent possible using the best technology currently available, additional
contribution of suspended solids to streamflow outside the permit area, and
otherwise prevents water pollution. If drainage control, restabilization and
revegetation of disturbed areas, diversion of runoff, mulching, or other
reclamation and remedial practices are not adequate to meet the requirements of
this rule, then the operator shall use and maintain the necessary
water-treatment facilities or water quality controls.
(2) Surface-water quality and flow rates
shall be protected by handling earth materials and runoff in accordance with
the steps outlined in the plan approved under paragraph (E) of rule
1501:13-4-05
or paragraph (E) of rule
1501:13-4-14
of the Administrative Code.
(N) Surface and ground-water monitoring.
(1) Ground-water monitoring.
(a) Surface mining operators shall monitor
ground-water levels and the quality of ground water at least quarterly or more
frequently as prescribed by the chief, in accordance with the ground-water
monitoring plan approved under paragraph (F)(1) of rule
1501:13-4-05
of the Administrative Code, to determine the effects of the coal mining
operations on the recharge capacity of reclaimed lands and on the quality and
quantity of water in ground-water systems in the permit and adjacent areas.
(i) Monitoring shall include measurements
from a sufficient number of wells and springs that are adequate to reflect
changes in groundwater quality and quantity resulting from those
operations.
(ii) Monitoring shall
be adequate to plan for modification of coal mining operations, if necessary,
to minimize disturbance of the prevailing hydrologic balance.
(iii) As specified and approved by the chief,
the person who conducts surface mining operations shall conduct additional
hydrologic tests, including drilling, infiltration tests, and aquifer tests and
shall submit the results to the chief, to demonstrate compliance with
paragraphs (K) to (N) of this rule.
(b) Underground mining operators shall
monitor, at least quarterly or more frequently as prescribed by the chief, the
quality and quantity of ground water in the permit and adjacent areas in
accordance with the ground-water monitoring plan approved under paragraph
(F)(1) of rule
1501:13-4-14
of the Administrative Code. Monitoring of an area shall begin one year before
the area is mined, shall continue during mining, and shall continue for at
least one year after the area is mined, unless the chief determines that
monitoring for a shorter period will allow accurate assessment of the impacts
on the ground water of the area.
(c) Ground-water monitoring shall result in
quarterly or more frequent reports to the chief, submitted within two weeks
following the close of the quarter, to include analytical results from each
sample taken during the quarter. Any sample results which indicate a permit
violation shall be reported immediately to the chief, and the operator shall
immediately take the actions provided in the approved mining plan pursuant to
paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule
1501:13-4-05
or paragraph (E) of rule
1501:13-4-14
of the Administrative Code.
(2) Surface-water monitoring.
(a) All surface and underground mining
operators shall monitor pond discharges for the national pollutant discharge
elimination system (NPDES) permit quarterly in accordance with the monitoring
plan submitted under either paragraph (F)(2) of rule
1501:13-4-05
or paragraph (F)(2) of rule
1501:13-4-14
of the Administrative Code and approved by the chief. Monitoring shall:
(i) Be adequate to measure and record
accurately water quantity and quality of the discharges from the permit
area;
(ii) Include notification to
the chief of all analytical results of sample collections indicating
non-compliance with a permit condition or applicable standard within five days
of receipt of such results. If there is a failure to comply with an effluent
limitation set forth in a NPDES permit, the person who conducts coal mining
operations shall forward the analytical results concurrently with the written
notice of non-compliance; and
(iii)
Result in quarterly reports to the chief submitted within two weeks following
the close of the quarter, to include analytical results from each sample taken
during the quarter. Any sample results which indicate a permit violation will
be reported immediately to the chief, and the operator shall immediately take
the actions provided in the approved mining plan pursuant to paragraph (H) of
rule
1501:13-5-01
and either paragraph (E) of rule
1501:13-4-05
or paragraph (E) of rule
1501:13-4-14
of the Administrative Code.
(b) The chief may require additional
surface-water monitoring to be conducted quarterly on the permit or adjacent
areas in accordance with the monitoring plans submitted under paragraph (F)(2)
of rule
1501:13-4-05
or paragraph (F)(2) of rule
1501:13-4-14
of the Administrative Code and approved by the chief. The chief shall determine
the nature of the data and reporting requirements. Monitoring shall:
(i) Be adequate to measure and record
accurately water quantity and quality;
(ii) Include notification to the chief of all
analytical results of sample collections indicating non-compliance with a
permit condition within five days of receipt of such results; and
(iii) Result in quarterly reports to the
chief, submitted within two weeks following the close of the quarter, to
include analytical results from each sample taken during the quarter. Any
sample results which indicate a permit violation will be reported immediately
to the chief, and the operator shall immediately take the actions provided in
the approved mining plan pursuant to paragraph (H) of rule
1501:13-5-01
and either paragraph (E) of rule
1501:13-4-05
or paragraph (E) of rule
1501:13-4-14
of the Administrative Code.
(3) Duration of and modifications to
monitoring.
(a) Monitoring for ground water
and surface water shall be conducted throughout mining and reclamation until
final performance security release unless the chief determines, pursuant to
paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer
necessary.
(b) Any modification of
the monitoring requirements of paragraph (N) of this rule, including the
parameters covered and the sampling frequency, shall be made by means of a
permit revision pursuant to paragraph (E) of rule
1501:13-4-06
of the Administrative Code. A permit revision may be obtained pursuant to this
paragraph if the operator demonstrates, using the monitoring data of this rule,
that:
(i) The operation has minimized
disturbance to the hydrologic balance in the permit and adjacent areas and
prevented material damage to the hydrologic balance outside the permit area,
water quantity and quality are suitable to support approved postmining land
uses, and the water rights of other users have been protected or replaced;
or
(ii) Monitoring is no longer
necessary to achieve the purposes set forth in the monitoring plan approved
under paragraph (F) of rule
1501:13-4-05
or paragraph (F) of rule
1501:13-4-14
of the Administrative Code.
(O) Transfer of wells. Before final release
of performance security, exploratory or monitoring wells shall be sealed in a
safe and environmentally sound manner in accordance with rule
1501:13-9-02
of the Administrative Code. With the prior approval of the chief, wells may be
transferred to another party for further use. At a minimum, the conditions of
such transfer shall comply with state and local law and the permittee shall
remain responsible for the proper management of the well in accordance with
rule
1501:13-9-02
of the Administrative Code until performance security release.
(P) Water rights and replacement.
(1) Any person who conducts coal mining
operations shall:
(a) Replace the water supply
of an owner of interest in real property who obtains all or part of his or her
supply of water for domestic, agricultural, industrial, or other legitimate use
from an underground or surface source, where the water supply has been affected
by contamination, diminution, or interruption proximately resulting from the
coal mining operations; and
(b)
Reimburse the owner for the reasonable cost of obtaining a water supply from
the time of the contamination, diminution or interruption by the operation
until the water supply is replaced.
(2) The hydrologic information required in
paragraphs (B) to (G) of rule
1501:13-4-04
or paragraphs (B) to (G) of rule
1501:13-4-13
of the Administrative Code shall, at a minimum, be used to determine the extent
of the impact of mining on ground and surface water.
(Q) Discharge of water into underground
mines.
(1) Discharges into an underground mine
are prohibited, unless specifically approved by the chief after a demonstration
that the discharge will:
(a) Minimize
disturbance to the hydrologic balance on the permit area, prevent material
damage outside the permit area and otherwise eliminate public hazards resulting
from surface mining operations;
(b)
Not result in a violation of applicable water quality standards or effluent
limitations;
(c) Be at a known rate
and quality which shall meet the effluent limitations of this rule for pH and
total suspended solids, except that the pH and total suspended solids
limitations may be exceeded, if approved by the chief; and
(d) Meet with the approval of MSHA.
(2) Discharges shall be limited to
the following:
(a) Water;
(b) Coal processing waste;
(c) Fly ash from a coal-fired
facility;
(d) Sludge from an
acid-mine-drainage treatment facility;
(e) Flue-gas desulfurization
sludge;
(f) Inert material used for
stabilizing underground mines; and
(g) Underground mine development
wastes.
(R)
Postmining rehabilitation of sedimentation ponds, diversions, impoundments and
treatment facilities. Before abandoning a permit area or seeking performance
security release, the operator shall ensure that all temporary structures are
removed and reclaimed, and that all permanent sedimentation ponds, diversions,
impoundments, and treatment facilities meet the requirements of these rules for
permanent structures, have been maintained properly, and meet the requirements
of the approved reclamation plan for permanent structures and impoundments. The
operator shall renovate such structure if necessary to meet requirements of
these rules and to conform to the approved reclamation plan.
(S) For dates of federal rules and federal
laws referenced in this rule, see rule
1501:13-1-14
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07, 1513.16, 1513.162
Prior Effective Dates: 09/01/1977, 08/28/1978, 05/01/1980, 08/16/1982 (Emer.), 10/27/1982, 06/30/1983, 11/23/1983 (Emer.), 03/12/1984, 02/20/1986, 10/21/1988, 01/01/1993, 05/29/1995, 02/15/2003, 04/30/2009, 10/28/2010, 06/28/2018
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