(a) Except
for pre-existing discharges which are not encountered during mining or the
implementation of the pollution abatement plan, the operator shall comply with
§§
88.92,
88.187 and
88.292 (relating to hydrologic
balance: effluent standards).
(b)
Except as provided in §
88.510(d)
(relating to effluent limitations), the operator shall treat the pre-existing
discharges which are not encountered during mining or implementation of the
pollution abatement plan to comply with the effluent limitations established by
best professional judgment. The effluent limitations established by best
professional judgment may not be less than the baseline pollution load. If the
baseline pollution load when expressed as a concentration for a specific
parameter satisfies the effluent limitations at §§
88.92,
88.187 and
88.292 for that parameter, the
operator shall treat the pre-existing discharge for that parameter to comply
with effluent limitations established by best professional judgment or the
effluent limitations at §§ 88.92, 88.187 and 88.292.
(c) For purposes of subsections (a) and (b),
the term "encountered" may not be construed to mean diversions of surface water
and shallow groundwater flow from areas undisturbed by the implementation of
the pollution abatement plan which would otherwise drain into the affected
area, so long as the diversions are designed, operated and maintained under
§§
88.95(b)-(g),
88.190(b)-(g) and
88.295(b)-(i)
(relating to hydrologic balance: diversions; hydrologic balance: diversions;
and hydrologic balance: diversions and conveyances).
(d) An operator required to treat
pre-existing discharges will be allowed to discontinue treating the discharges
under this section when the operator affirmatively demonstrates to the
Department's satisfaction that:
(1) The
pre-existing discharges are meeting the effluent limitations established by
subsection (b) as shown by groundwater and surface water monitoring conducted
by the operator or the Department.
(2) Surface coal mining activities under the
permit-including the pollution abatement area-are being or were conducted in
accordance with the requirements of the permit and the authorization, Chapter
86 (relating to surface and underground coal mining: general) and this chapter,
except as specifically modified by this subchapter.
(3) The operator has implemented each step of
the pollution abatement plan as approved in the authorization.
(4) The operator did not cause or allow
additional groundwater degradation by reaffecting the pollution abatement
area.
(e) If after
discontinuance of treatment of discharges under subsection (d) the discharges
fail to meet the effluent limitations established by subsection (b), the
operator shall reinstitute treatment of the discharges in accordance with
subsection (b). An operator who reinstitutes treatment under this subsection
will be allowed to discontinue treatment if the requirements of subsection (d)
are met.
(f) Discontinuance of
treatment under subsection (d) may not be deemed or construed to be or to
authorize a release of bond under §
88.509 (relating to criteria and
schedule for release of bonds on pollution abatement areas).
(g) If four consecutive weekly determinations
of pollution load, as required under §
88.506(3)(i)
(relating to operational requirements), exceed one or more triggers, the
permittee shall notify the Department and begin treatment within 30 days of the
fourth sample in accordance with the treatment limits established in the
permit.
(h) If the Department
determines, through analysis of any data submitted pursuant to the monitoring
requirements or any data collected by the Department, that there has been
pollution loading degradation at any of the monitoring points or hydrologic
units, the Department will notify the permittee accordingly. The permittee
shall begin treatment within 30 days in accordance with the treatment limits
established in the permit.
(i) Any
pre-existing pollutional discharge which is an encountered discharge shall be
treated to the effluent limitations in the permit until the discharge is no
longer encountered.
(j) For the
purposes of determining applicable effluent limitations, a discharge will
continue to be deemed to be an encountered discharge until the surface mining
area which has been disturbed and which contributes to the discharge has been
backfilled and regraded, and revegetation work has started.