Current through Register Vol. 48, No. 12, March 22, 2024
a) All
water quality analyses performed to meet the requirements of this Section shall
be conducted according to the methodology in the 15th edition of "Standard
Methods for the Examination of Water and Wastewater" (1980), which is
incorporated by reference, or the methodology in 40 CFR 136 and 434. Water
quality sampling performed to meet the requirements of this Section shall be
conducted according to either methodology listed above when feasible. "Standard
Methods for the Examination of Water and Wastewater" (1980) is a joint
publication of the American Public Health Association, the American Water Works
Association and the Water Pollution Control Federation and is available from
the American Public Health Association, 1015 15th Street, NW, Washington, D.C.
20036. This document is also available for inspection at the Department's
Springfield office.
b) The
application shall contain the following baseline hydrologic information. When
this information is insufficient for the Department to determine if adverse
impacts may result to the hydrologic balance, additional information shall be
required, such as but not limited to water supply contamination or diminution.
1) Ground water information.
The location and ownership for the permit, shadow and adjacent
area of existing wells, springs, and other ground water resources, seasonal
quality and quantity of ground water and usage.
A) Ground water quality descriptions shall
include, at a minimum:
i) for the permit area
and its adjacent area, pH, total dissolved solids, hardness, alkalinity,
acidity, sulfates, total iron, total manganese and chlorides. The Department
shall allow the measurement of specific conductance in lieu of total dissolved
solids if the permittee develops site-specific relationships precisely
correlating specific conductance to total dissolved solids for specific sites
for all zones being monitored.
ii)
for the shadow area and its adjacent area, pH, total dissolved solids, total
iron and total manganese. The Department shall allow the measurement of
specific conductance in lieu of total dissolved solids if the permittee
develops site-specific relationships precisely correlating specific conductance
to total dissolved solids for specific sites for all zones being
monitored.
B) Ground
water quantity descriptions for the permit, shadow and adjacent areas shall
include, at a minimum, rates of discharge or usage and elevation of the
potentiometric surface in the coal to be mined, in each water-bearing stratum
above the coal to be mined, and in each water-bearing statum which may be
potentially impacted below the coal to be mined.
2) Surface water information.
The name, location, ownership, and description of all surface
water bodies, such as streams, lakes, and impoundments, the location of any
discharge into any surface water body in the proposed permit and adjacent
areas, and information on surface water quality and quantity sufficient to
demonstrate seasonal variation and water usage.
A) Water quality descriptions shall include,
at a minimum, baseline information on pH, total suspended solids, total
dissolved solids, alkalinity, acidity, sulfates, total iron, total manganese
and chlorides. The Department shall allow the measurement of specific
conductance in lieu of total dissolved solids if the permittee develops
site-specific relationships precisely correlating specific conductance to total
dissolved solids for specific sites for all surface water points being
monitored.
B) Water quantity
descriptions shall include, at a minimum, baseline information on seasonal flow
rates.
3) If the
determination of probable hydrologic consequences required by subsection (e)
indicates that adverse impacts on or off the proposed permit area may occur to
the hydrologic balance, or that acid-forming or toxic-forming material is
present that may result in the contamination of ground or surface water
supplies, then information supplemental to that required under subsections
(b)(1) and (2) shall be provided to evaluate such probable hydrologic
consequences and to plan remedial and reclamation activities. Such supplemental
information shall be based upon drilling, hydrogeologic analyses of
water-bearing strata, flood flows, or analysis of other water quality or
quantity characteristics.
c) Baseline cumulative impact area
information.
1) Hydrologic and geologic
information for the cumulative impact area necessary to assess the probable
cumulative hydrologic impacts of the proposed operation and all anticipated
mining on surface and ground water systems as required by subsection (f) below
shall be provided to the Department, if available from appropriate Federal or
State agencies.
2) If the
information is not available from such agencies, then the applicant may gather
and submit this information to the Department as part of the permit
application.
3) The permit shall
not be approved until the necessary hydrologic and geologic information is
available to the Department.
d) The use of modeling techniques,
interpolation or statistical techniques may be included as part of the permit
application if such techniques will enhance the evaluation of hydrological
impacts, but actual surface and ground water information may be required by the
Department for the purposes of calibration of such models for each site even
when such techniques are used.
e)
Determination of the probable hydrologic consequences (PHC).
1) The application shall contain a
determination of the probable hydrologic consequences of the proposed operation
on the proposed permit area, shadow area and adjacent area, with respect to the
hydrologic regime and the quantity and quality of water in surface and ground
water systems under all seasonal conditions, including the contents of
dissolved and total suspended solids, total iron, pH, total manganese, and
other parameters required by the Department if such parameters are necessary to
assure an accurate determination of probable hydrologic consequences on a
site-specific basis.
2) The PHC
determination shall be based on baseline hydrologic, geologic and other
information collected for the permit application and may include data
statistically representative of the site.
3) The PHC determination shall include
findings on:
A) Whether adverse impacts may
occur to the hydrologic balance;
B)
Whether acid-forming or toxic-forming materials are present that could result
in the contamination of surface-or ground-water supplies;
C) What impact the proposed operation will
have on:
i) sediment yield from the disturbed
areas;
ii) acidity, total suspended
and dissolved solids, and other important water quality parameters of local
impact;
iii) flooding or
stream-flow alteration;
iv)
ground-water and surface-water availability; and
v) other characteristics as required by the
Department, based upon public comment and the Department's technical review;
and
D) Whether the
underground mining activities conducted after January 19, 1996 may result in
contamination, diminution or interruption of a well or spring in existence at
the time the permit application is submitted and used for domestic, drinking or
residential purposes within the permit, shadow or adjacent areas.
4) An application for a permit
revision shall be reviewed by the Department to determine whether a new or
updated PHC determination shall be required.
f) Cumulative hydrologic impact assessment.
1) The Department shall provide an assessment
of the probable cumulative hydrologic impacts of the proposed operation and all
anticipated mining upon surface and ground water systems in the cumulative
impact area. This assessment shall be sufficient for purposes of permit
approval, to determine whether the proposed operation has been designed to
prevent material damage to the hydrologic balance outside the permit area. The
Department shall allow the submittal of data and analyses by the permittee in
accordance with subsection (c).
2)
An application for a permit revision shall be reviewed by the Department to
determine whether a new or updated assessment shall be required.
g) The application shall include a
plan with maps and descriptions, indicating how the relevant requirements of 62
Ill. Adm. Code 1817, including 62 Ill. Adm. Code
1817.41
through
1817.43, will be met.
The plan shall be specific to local hydrologic conditions. It shall contain
steps to be taken during mining and reclamation, through bond release, to
minimize disturbances to the hydrologic balance within the permit, shadow, and
adjacent areas; to prevent material damage outside the permit area; to meet the
applicable Federal and State water quality laws and regulations. The plan shall
include the measures to be taken to avoid acid or toxic drainage; prevent, to
the extent possible using the best technology currently available, additional
contributions of suspended solids to streamflow; provide water treatment
facilities when needed; control drainage; restore approximate premining
recharge capacity. The plan shall specifically address any potential adverse
hydrologic consequences identified in subsection (e) and shall include
preventative and remedial measures.
h) Ground water monitoring plan.
1) The application shall include a ground
water monitoring plan based upon the determination of probable hydrologic
consequences required under subsection (e) and the analyses of all baseline
hydrologic, geologic and other information in the permit application. The plan
shall provide for the monitoring of parameters that relate to the suitability
of the ground water for current and approved post-mining land uses and to the
objectives for protection of the hydrologic balance set forth in subsection
(g). It shall identify the quantity and quality parameters to be monitored,
sampling frequency and site locations. It shall describe how the data may be
used to determine the impacts of the operation on the hydrologic balance. At a
minimum, the parameters to be monitored shall include pH, total dissolved
solids, hardness, alkalinity, acidity, sulfates, total iron, total manganese
and water levels. The Department shall allow the measurement of specific
conductance in lieu of total dissolved solids if the permittee develops
site-specific relationships precisely correlating specific conductance to total
dissolved solids for specific sites for all zones being monitored. Data shall
be submitted to the Department every three months for each monitoring location.
The Department may require additional monitoring, such as increased parameters
or frequency, if it is determined that the existing or proposed monitoring
program is not designed to detect adverse impacts to the hydrologic
balance.
2) If an applicant can
demonstrate by the use of the probable hydrologic consequences determination
and other available information that a particular water-bearing stratum in the
proposed permit and adjacent areas is not one which serves as an aquifer which
significantly ensures the hydrologic balance within the cumulative impact area,
then monitoring of that stratum may be waived by the Department.
i) Surface water monitoring plan.
1) The application shall include a surface
water monitoring plan based upon the determination of probable hydrologic
consequences required in subsection (e) and the analysis of all baseline
hydrologic, geologic and other information in the permit application. The plan
shall provide for monitoring of parameters that relate to the suitability of
the surface water for current and approved post-mining land uses, to the
objectives for protection of the hydrologic balance as set forth in subsection
(g), and to the effluent limitations in 40 CFR 434.
2) The plan shall identify the surface water
quantity and quality parameters to be monitored, sampling frequency and site
locations. It shall describe how the data may be used to determine the impacts
of the operation upon the hydrologic balance.
A) At all monitoring locations in the surface
water bodies such as streams, lakes and impoundments, that are potentially
impacted or into which water will be discharged and at upstream monitoring
locations, pH, total dissolved solids, total suspended solids, alkalinity,
acidity, sulfates, total iron, total manganese and flow shall be monitored. The
Department shall allow the measurement of specific conductance in lieu of total
dissolved solids if the permittee develops site-specific relationships
precisely correlating specific conductance to total dissolved solids for
specific sites for all locations being monitored.
B) For point-source discharges, monitoring
shall be conducted in accordance with 40 CFR 122, 123 and 434 and as required
by the Illinois Environmental Protection Agency (IEPA).
3) All surface water monitoring reports,
including those required by the IEPA, shall be submitted to the Department
every three months. The Department shall require additional monitoring if it is
determined that the existing or proposed monitoring plan is not adequate to
detect adverse impacts to the hydrologic balance.