(a)
Discharge of water. A
person may not allow a discharge of water from an area disturbed by coal mining
activities, including areas disturbed by mineral preparation, processing or
handling facilities which exceeds the following groups of effluent criteria.
The effluent limitations shall be applied under subsection (b).
Group A
Parameter
|
30-day Average
|
Daily
Maximum
|
Instantaneous Maximum
|
iron (total) |
3.0 mg/l |
6.0 mg/l
|
7.0 mg/l |
manganese (total) |
2.0 mg/l |
4.0
mg/l |
5.0 mg/l |
suspended solids |
35 mg/l |
70 mg/l
|
90 mg/l |
pH
1
|
greater than 6.0; less than 9.0 |
alkalinity greater than acidity
1
|
1 This parameter is
applicable at all times
Group B
Parameter
|
Instantaneous Maximum
|
iron (total) |
7.0 mg/l |
settleable solids |
0.5 ml/l
|
pH |
greater than 6.0; less
than 9.0 |
alkalinity greater than acidity |
Group C
Parameter |
Instantaneous Maximum |
pH |
greater than 6.0; less
than 9.0 |
alkalinity greater than acidity |
(b)
Effluent limitations and
precipitation exemptions. Effluent limitations and precipitation
exemptions are as follows:
(1) The discharges
specified in this subsection shall comply with the following effluent
limitations:
Type of Discharge
|
Precipitation Event
|
Effluent
Limitations
|
Pit Water |
all |
Group A |
Surface runoff from active
area |
dry weather less than or equal to 10yr-24hr greater
than 10yr-24hr |
Group A |
Group B |
Group C |
Surface runoff from area where Stage
2 standards achieved |
dry weather less than or equal to
10yr-24hrgreater than 10yr-24hr |
Group A |
Group B |
Group C |
All other discharges |
dry weather less than or equal to 10yr-24hr greater than
10yr-24hr |
Group A |
Group B |
Group C |
(2) To be entitled to the effluent
limitations in Group B or Group C, the permittee shall comply with §
87.103 (relating to precipitation
event exemption).
(c)
Exceptions to effluent limitations.
(1) The pH of discharges of water shall be
maintained between 6.0 and 9.0, except in the following circumstances:
(i) When the discharger can show the water is
discharged to an acid stream, in which case the pH may be greater than
9.0.
(ii) When the discharger
affirmatively demonstrates, in writing, to the Department that biological
respiration in the wastewater treatment system will cause the discharge to
exceed the limits set forth in this section and that exceeding these limits
will not result in a violation of applicable water quality standards in Chapter
93 (relating to water quality standards) or of the applicable treatment
requirements and effluent limitations to which a discharge is subject under the
Clean Water Act (33 U.S.C.A.
§§
1251-
1376), in which case
the Department may grant a variance in writing from the limitation set forth in
this section.
(iii) When the
discharger affirmatively demonstrates to the Department that the wastewater
treatment process being used by the discharger requires the pH to be raised
above 9.0, that the elevated pH will not cause a safety hazard at the outfall,
and that the elevated pH will not result in a violation of applicable water
quality standards in Chapter 93 or of the applicable treatment requirements and
effluent limitations to which a discharge is subject under the Clean Water Act,
the Department may grant a variance from this limitation.
(2) When a discharge without chemical or
biological treatment has a pH greater than 6.0 and a total iron concentration
of less than 10 mg/l, the manganese limitation does not apply.
(d)
Combined
discharges. If a single facility is used for sediment and erosion
control facilities and treatment facilities covered by this section, the
concentration of each pollutant in the combined discharge may not exceed the
most stringent limitations for that pollutant applicable to a component waste
stream of the discharge.
(e)
Postmining pollutional discharges.
(1) If a postmining pollutional discharge
occurs, the discharger shall immediately provide interim treatment to comply
with the Group A effluent requirements in subsection (a), including
modifications authorized or required under subsection (c), (d) or (f). The
discharger shall also take whatever measures are necessary and available to
abate the discharge, including modifying the operation and reclamation plan for
the mining activity.
(2) If the
discharge continues to exist, after implementation of the abatement measures
required under paragraph (1), the discharger shall make provisions for sound
future treatment of the discharge to achieve the Group A effluent requirements
in subsection (a), including modifications authorized or required under
subsection (c) or (f). If the untreated discharge can be adequately treated
using a passive treatment system, paragraph (3) applies in lieu of the Group A
effluent requirements of subsection (a). Discharges which can be adequately
treated using a passive treatment system include, but are not limited to:
(i) Discharges with a pH which is always
greater than 6.0 and an alkalinity which always exceeds the acidity.
(ii) Discharges with an acidity which is
always less than 100 milligrams per liter, an iron content which is always less
than 10 milligrams per liter, a manganese content which is always less than 18
milligrams per liter and a flow rate which is always less than 3 gallons per
minute.
(iii) Discharges with a net
acidity always less than 300 milligrams per liter which is calculated by
subtracting the alkalinity of the discharge from its acidity.
(3) A passive treatment system
authorized under paragraph (2) shall comply with the following effluent
requirements:
(i) The system shall reduce the
iron concentration by at least 90% or by that percentage necessary to achieve
the Group A effluent requirements in subsection (a), whichever percentage is
less.
(ii) The system shall produce
an effluent alkalinity which exceeds effluent acidity.
(4) In addition to achieving the effluent
requirements of paragraphs (2) and (3), the passive treatment system shall be
designed and constructed to accomplish the following:
(i) Prevent discharge of mine drainage into
the groundwater.
(ii) Prevent
extraneous sources of groundwater and surface water runoff from entering the
treatment system.
(iii)
Hydraulically handle the highest average monthly flow rate which occurs during
a 12-month period.
(iv) Have inlet
and outlet structures which will allow for flow measurement and water
sampling.
(v) Prevent to the
maximum extent practicable physical damage, and associated loss of
effectiveness, due to wildlife and vandalism.
(vi) Be of a capacity so that it will operate
effectively and achieve the required effluent quality for 15 to 25 years before
needing to be replaced.
(5) The passive treatment system shall be
designed by, and constructed under the supervision of, a qualified professional
knowledgeable in the subject of passive treatment of mine drainage.
(f) In addition to the
requirements of subsections (a)-(e), the discharge of water from areas
disturbed by mining activities shall comply with this title, including Chapters
91-93, 95, 96, 97 (reserved) and 102.