Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 6 - Performance Standards
Section 6-23 - Surface mining; hydrologic balance; surface and ground water monitoring
Universal Citation: 312 IN Admin Code 6-23
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 23.
(a) This subsection establishes standards for maintaining the hydrologic balance of ground water as follows:
(1) Ground water
levels and the quality of ground water shall be monitored, through bond
release, in a manner approved by the director according to the requirements of
312
IAC 25-4-31 to determine the effects of surface mining
activities on the recharge capacity of reclaimed lands and on the quantity and
quality of water in ground water systems in the permit and adjacent
areas.
(2) When surface mining
activities may affect the ground water systems that serve as aquifers that
significantly ensure the hydrologic balance of water use on or off the permit
area, ground water levels and ground water quality shall be periodically
monitored according to the requirements of
312
IAC 25-4-31. Monitoring shall include measurements
from a sufficient number of wells and the mineralogical and chemical analyses
of aquifer, overburden, and spoil that are adequate to reflect changes in
ground water quantity and quality resulting from those activities. Monitoring
shall be adequate to plan for modification of surface mining activities, if
necessary, to minimize disturbance of the prevailing hydrologic
balance.
(3) The director may
require additional tests and shall require the reporting of the results of
these tests to demonstrate compliance with sections 21 through 22 of this rule
and this section.
(4) If the
analysis of a ground water sample indicates noncompliance with a permit
condition, the permittee must do the following:
(A) Promptly notify the director.
(B) Immediately take any action required by
the reclamation plan or by a permit condition.
(C) Minimize any adverse impact to the
environment or public health and safety resulting from noncompliance with any
term or condition of the permit to include, but not be limited to:
(i) accelerated or additional monitoring
necessary to determine the nature and extent of noncompliance and the results
of the noncompliance;
(ii)
immediate implementation of measures necessary to mitigate the noncompliance;
and
(iii) as soon as practicable
issue warning to any person whose health and safety is in imminent danger due
to the noncompliance.
(b) This subsection establishes standards for maintaining the hydrologic balance of surface water as follows:
(1) Surface water monitoring, reporting, and
record keeping shall be conducted through bond release, in accordance with the
provisions of
312
IAC 25-4-32 and as specified in the effective National
Pollutant Discharge Elimination System (NPDES) permit.
(2) Copies of the monitoring reports and any
noncompliance notifications shall be provided to the director concurrently with
the submissions to the NPDES permit authority.
(3) If the analysis of a surface water sample
indicates noncompliance with any permit terms or conditions, the permittee must
do the following:
(A) Promptly notify the
director.
(B) Immediately take any
action required by the reclamation plan or by a permit condition.
(4) Equipment, structures, and
other devices necessary to measure and sample accurately the quality and
quantity of surface water discharges from the disturbed area shall be properly
installed, maintained, and operated and shall be removed when no longer
required.
(5) In order to protect
the hydrologic balance, surface mining activities shall be conducted according
to the plan approved under
312
IAC 25-4-47(b) and the following:
(A) Surface water quality shall be protected
by handling earth materials, ground water discharges, and run-off in a manner
that accomplishes the following:
(i)
Minimizes the formation of acid or toxic drainage.
(ii) Prevents, to the extent possible using
the best technology currently available, additional contribution of suspended
solids to stream flow outside the permit area.
(iii) Otherwise prevents water
pollution.
(B) If
drainage control, restabilization and revegetation of disturbed areas,
diversion of run-off, mulching, or other reclamation and remedial practices are
not adequate to meet the requirements of this section and section 13 of this
rule, the operator shall use and maintain the necessary water treatment
facilities or water quality controls.
(6) Surface water quality and flow rates
shall be protected by handling earth materials and run-off in accordance with
the steps outlined in the plan approved under
312
IAC 25-4-47(b).
(c) Water quality analysis and sampling shall be conducted according to the methodology in the latest edition of Standard Methods for the Examination of Water and Wastewater.
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