(a) A
person may not allow a discharge of water from an area disturbed by coal refuse
disposal activities, including areas disturbed by mineral preparation,
processing or handling facilities which exceeds the following groups of
effluent criteria. The effluent imitations are to 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 The
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 are as follows:
(1) The discharges
specified in this subsection shall comply with the effluent limitations set
forth as follows:
Type Discharge
|
Precipitation Event
|
Effluent
Limitations
|
Drainage from coal refuse disposal
piles |
dry weather and less than or equal to 1yr-24hr
greater than 1yr-24hr, to less than or equal to 10yr-24hr greater than
10yr-24hr |
Group A |
Group B |
Group C |
Surface runoff from active areas
disturbed by coal refuse disposal activities |
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-24hr greater 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 the
procedures in §
90.103 (relating to precipitation
event exemption).
(c)
Exceptions to effluent limitations are as follows:
(1) The pH of discharges of water shall be
maintained between 6.0 and 9.0, except in the following circumstances:
(i) The discharger can show the water is
discharged to an acid stream, in which case the pH may be greater than
9.0.
(ii) 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 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 of 1977, the act of December 27, 1977 (Pub. L. No. 95-217, 91
Stat.
1566-
1609), in which case the Department may grant a variance, in
writing, from the limitations 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) 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 any
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)
Additional
requirements. In addition to the requirements of subsections (a)-(e),
the discharge of water from coal refuse disposal activities shall comply with
this title, including Chapters 91-93, 95, 96, 97 (reserved) and 102.
(g)
Abatement plan. If water
from a coal refuse disposal area is discharged into a mine for treatment with
the drainage from the mine, that mine may not be closed or sealed until an
approval for the abatement of the discharges from the coal refuse disposal area
is granted by the Department. The abatement plan, including necessary permit
applications, shall be submitted to the Department at least 18 months prior to
the anticipated closure date of the mine to assure that necessary facilities
and measures will be implemented prior to the mine closure or sealing.