Current through Register Vol. 48, No. 12, March 22, 2024
a) General.
All Underground mining and reclamation activities shall be
conducted to minimize disturbance of the hydrologic balance within the permit
and adjacent areas, to prevent material damage to the hydrologic balance
outside the permit area such as diminution of recharge capacity, and to support
approved post-mining land uses in accordance with the terms and conditions of
the approved permit and the performance standards of this Part. The Department
shall require additional preventative, remedial, or monitoring measures to
assure that material damage to the hydrologic balance outside the permit area
is prevented if the current approved plan is not sufficient to assure this
protection. Mining and reclamation practices that minimize water pollution and
changes in flow shall be used in preference to water treatment.
b) Ground water protection. In
order to protect the hydrologic balance, underground mining activities shall be
conducted according to the plan approved under 62 Ill. Adm. Code
1784.14(g).
Ground water quality shall be protected by handling earth materials and runoff
in a manner that minimizes acidic, toxic, or other harmful infiltration to
ground water systems and by managing excavations and other disturbances to
prevent or control the discharge of pollutants into the ground water.
c) Ground water monitoring.
1) Ground water monitoring shall be conducted
according to the ground water monitoring plan approved under 62 Ill. Adm. Code
1784.14(h).
If unanticipated conditions develop, or if an approved operation or reclamation
plan is modified or revised, such that the current monitoring program would not
detect possible adverse impacts to the hydrologic balance, then the Department
shall require additional monitoring including, but not limited to, increased
monitoring frequency, additional monitoring wells, or change in the number of
parameters being monitored, when it is determined that the proposed, or
approved, monitoring plan is not adequate to detect adverse impacts to the
hydrologic balance.
2) Ground water
monitoring data shall be submitted every three months to the Department or more
frequently if necessary to detect possible adverse impacts to the hydrologic
balance as prescribed by the Department. Ground water monitoring reports shall
be submitted by the first day of the second month following the reporting
period, unless the Department specifies an alternative reporting schedule.
Monitoring reports shall include analytical results from each sample taken
during the reporting period. When the analysis of any ground water sample
indicates noncompliance with the permit conditions, then the permittee shall
promptly notify the Department and immediately take the actions provided for in
62 Ill. Adm. Code
1773.17(e)
and
1784.14(g).
3) Ground water monitoring shall proceed
through mining and continue during reclamation until bond release. Consistent
with the procedures of 62 Ill. Adm. Code
1774.13, the
Department may modify the monitoring requirements when such changes do not
diminish the ability to detect adverse impacts to the hydrologic balance,
including the parameters covered and the sampling frequencies, if the permittee
demonstrates, using the monitoring data obtained under this subsection that:
A) The operation has minimized disturbance to
the prevailing hydrologic balance in the permit and adjacent areas and
prevented material damage to the hydrologic balance outside the permit area;
water quality and quantity are suitable to support approved post-mining land
uses; or
B) Monitoring is no longer
necessary to achieve the purposes set forth in the monitoring plan approved
under 62 Ill. Adm. Code
1784.14(h).
4) Equipment, structures, and
other devices used in conjunction with monitoring the quality and quantity of
ground water onsite and offsite shall be properly installed, maintained, and
operated and shall be removed by the permittee when no longer needed, except as
provided for under subsection (g).
d) Surface water protection. In order to
protect the hydrologic balance, underground mining activities shall be
conducted according to the plan approved under 62 Ill. Adm. Code
1784.14(g)
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 drainages;
prevents, to the extent possible using the best technology currently available,
additional contributions 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 Section and Section
1817.42,
the permittee shall use and maintain the necessary water treatment facilities
or water quality controls.
2)
Surface water quantity and flow rates shall be protected by handling earth
materials and runoff in accordance with the steps outlined in the plan approved
under 62 Ill. Adm. Code
1784.14(g).
e) Surface water monitoring.
1) Surface water monitoring shall be
conducted according to the surface water monitoring plan approved under 62 Ill.
Adm. Code
1784.14(i).
If unanticipated conditions develop, or if an approved operation or reclamation
plan is modified or revised, such that the current monitoring program would not
detect possible adverse impacts to the hydrologic balance, then the Department
shall require additional monitoring including, but not limited to, changes in
the number of parameters or frequency of sample collection when it is
determined that the approved plan is not designed to detect adverse impacts to
the hydrologic balance.
2) Surface
water monitoring data shall be submitted to the Department every three months,
or more frequently if necessary to detect possible adverse impacts to the
hydrologic balance as prescribed by the Department. This shall include, but not
necessarily be limited to, copies of reports submitted for the National
Pollutant Discharge Elimination System (NPDES) sent to the Illinois
Environmental Protection Agency (EPA). Copies of NPDES reports shall be sent to
the Department by the first day of the second month following the reporting
period. Monitoring reports shall include analytical results from each sample
taken during the reporting period. When the analytical results of any surface
water sample indicates noncompliance with the permit conditions, the permittee
shall notify the Department within five days and immediately take the actions
provided for in 62 Ill. Adm. Code
1773.17(e)
and
1784.14(g).
The reporting requirements of this subsection do not exempt the permittee from
meeting any NPDES reporting requirements.
3) Surface water monitoring shall proceed
through mining and continue until bond release. Consistent with 62 Ill. Adm.
Code 1774.13, the Department may modify the monitoring requirements, except
those required by the Illinois EPA, when such changes to the approved plan do
not diminish the ability to detect adverse impacts to the hydrologic balance,
including the parameters covered and sampling frequency if the permittee
demonstrates using the monitoring data that:
A) 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 post-mining land uses; and
B) Monitoring is no longer necessary to
achieve the purposes set forth in the monitoring plan approved under 62 Ill.
Adm. Code
1784.14(i).
4) Equipment, structures, and
other devices used in conjunction with monitoring the quality and quantity of
surface water onsite and offsite shall be properly installed, maintained, and
operated and shall be removed by the permittee when no longer needed, except as
provided for in Section
1817.49(b).
f) Acid- and toxic-forming
materials.
1) Drainage from acid- and
toxic-forming materials and underground development waste into surface water
and ground water shall be avoided by:
A)
Identifying and burying and/or treating, when necessary, materials which may
adversely affect water quality, or be detrimental to vegetation or to public
health and safety if not buried and/or treated; and
B) Storing materials in a manner that will
protect surface water and ground water by preventing erosion, the formation of
polluted runoff, and the infiltration of polluted water. Storage shall be
limited to the period until burial and/or treatment first become feasible, and
so long as storage will not result in any risk of water pollution or other
environmental damage.
2)
Storage, burial or treatment practices shall be consistent with other material
handling and disposal provisions of Section
1817.102.
g) Before final release of bond,
exploratory or monitoring wells shall be sealed in a safe and environmentally
sound manner in accordance with Sections
1817.13
and
1817.15.
With prior approval of the Department, 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 until bond release in accordance with
Sections
1817.13
and 1817.15.
h) Discharge of water
into an underground mine
1) Discharges into an
underground mine are prohibited, unless specifically approved by the Department
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 underground mining
activities;
B) Not result in a
violation of water quality standards or effluent limitations set forth in
Section 1817.42;
C) Be at a known
rate and quality which shall meet the effluent limitations of 62 Ill. Adm. Code
1817.42
for pH and total suspended solids, except that the Department may allow pH and
total suspended solids to exceed effluent limits so long as they will not
result in any adverse impacts to the hydrologic balance; and
D) Meet with the approval of the Mine Safety
and Health Administration.
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 materials used for stabilizing
underground mines; and
G)
Underground mine development wastes.
3) Water from one underground mine may be
diverted into other underground workings according to the requirements of this
Section.
i) Gravity
discharges from underground mines.
1) Surface
entries and accesses to underground workings shall be located and managed to
prevent or control gravity discharge of water from the mine. Gravity discharges
of water from an underground mine, other than a drift mine subject to
subsection (i)(2), shall be allowed by the Department if it is demonstrated
that the untreated or treated discharge complies with the performance standards
of this Part and any additional NPDES permit requirements.
2) Notwithstanding anything to the contrary
in subsection (i)(1), the surface entries and accesses of drift mines located
in acid-producing or iron-producing coal seams shall be located in such a
manner as to prevent any gravity discharge from the mine.
j) Drinking, domestic or residential water
supply. The permittee must promptly replace any drinking, domestic or
residential water supply that is contaminated, diminished or interrupted by
underground mining activities conducted after January 19, 1996, if the affected
well or spring was in existence before the date the Department received the
permit application for the activities causing the loss, contamination or
interruption. The baseline hydrologic information required in 62 Ill. Adm. Code
1780.21
and
1784.14
and the geologic information concerning baseline hydrologic conditions required
in 62 Ill. Adm. Code
1780.22 and
1784.22 will
be used to determine the impact of mining activities upon the water
supply.