Current through all regulations passed and filed through March 18, 2024
(A) Applicability.
(1) This rule shall apply to applicants who
seek authorization to conduct coal mining operations under modified effluent
limitations of a remining NPDES permit on certain previously mined areas in
which the earlier coal mining operations have resulted in continuing water
pollution, and sets forth the terms and conditions under which the chief may
release performance security to permittees who have received the authorization.
Receipt of the authorization entitles the permittee to obtain release of
performance security, in accordance with this rule, for areas which continue to
discharge pollutional material.
(2)
All of the provisions of Chapter 1513. of the Revised Code and these rules
shall apply to operations with authorizations to mine areas with pre-existing
pollutional discharges, unless otherwise specifically provided in this
rule.
(B) No
authorization may be granted under this rule unless such authorization is
requested at the time of permit application and is part of a permit issued by
the chief after the effective date of this rule.
(C) Application for authorization. Any
applicant who requests authorization under this rule shall comply with the
permit application requirements of Chapters 1501:13-4 to 1501:13-6 of the
Administrative Code unless otherwise specifically provided in this rule. The
applicant shall also:
(1) Delineate on a map
the proposed pollution abatement area, including the location of the
pre-existing discharge(s);
(2)
Except as provided in paragraph (C)(4) of this rule, provide data necessary to
determine the base line pollution load of the proposed pollution abatement
area. The sampling locations from which the data is collected shall be selected
from among all surface-water bodies such as lakes and impoundments at points
within and, for streams, at points upstream and downstream of the proposed
pollution abatement area, all ground-water sites, and all discharges from the
proposed pollution abatement area into surface-water bodies. The applicant
shall submit data from a minimum of twelve samples taken at regular intervals
at each selected sampling location and collected over a period of twelve
months, unless these sampling requirements are modified by the chief to
increase the number of samples or to lengthen the sampling period;
(3) Subject to paragraph (D)(5) of this rule,
be exempt from meeting the numeric requirements of total suspended solids and
settleable solids if the chief determines that it is infeasible or impractical
to set numeric limits on total suspended solids and settleable solids based on
the site specific conditions of the soil, climate, topography, steep slopes, or
other baseline conditions, provided the applicant demonstrates that significant
reductions of total suspended solids and settleable solids will be achieved
through the incorporation of sediment control best management practices into
the pollution abatement plan as required under paragraph (C)(6) of this
rule;
(4) Be exempt from meeting
numeric effluent limitations for the pollution abatement area if:
(a) The chief determines that it is
infeasible for the applicant to collect samples for establishing the baseline
pollution load and that remining will result in significant improvement that
would not otherwise occur. Pre-existing discharges for which it is infeasible
to collect samples for determination of baseline pollutant levels include, but
are not limited to, a discharge that exists as a diffuse groundwater flow that
cannot be assessed via sample collection; a base flow to a receiving stream
that cannot be monitored separate from the receiving stream; a discharge on a
steep or hazardous slope that is inaccessible for sample collection; or a
number of discharges so extensive that monitoring of individual discharges is
infeasible; and
(b) The chief
recommends and the Ohio environmental protection agency issues a non-numeric
remining NPDES permit. Under this permit, the operator shall implement a
pollution abatement plan incorporating best management practices designed to
reduce the pollutant levels of acidity, iron, manganese, and settleable and
suspended solids in pre-existing discharges. The monitoring plan
shall be
determined by the chief. An operator who is issued a non-numeric remining NPDES
permit shall not be subject to paragraphs (F)(2) to (F)(6) or
paragraphs
(H)(2)(c) and (H)(3)(c) of this rule;
(5) Provide a description of the hydrology
and geology of the proposed pollution abatement area that includes the plans
for and results of:
(a) A detailed water
quality and quantity sampling program including seasonal variations and
variations in response to precipitation events, for pH, total alkalinity, total
acidity, total iron, total manganese, total aluminum, total suspended solids,
hardness, flow rates, and other water quality parameters the chief deems
relevant. The base line pollution load shall be determined from the data
collected using this sampling program; and
(b) Testing of the overburden and spoil
in accordance with paragraph (C) of
rule
1501:13-4-04
of the Administrative Code. The test holes shall be representative of the
pollution abatement area with at least one test hole drilled through
spoil.
(6) Provide a description of the abatement
plan that represents best available technology economically achievable and
includes:
(a) Plans, cross sections, and
schematic drawings describing the abatement plan proposed to be implemented;
and
(b) A description and
explanation of each best management practice in the proposed abatement
plan.
(D)
Approval or denial by the chief.
(1) No
authorization shall be granted under this rule unless the applicant seeking the
authorization affirmatively demonstrates to the satisfaction of the chief on
the basis of information set forth in the application that:
(a) Neither the applicant; any partner if the
applicant is a partnership; any officer, principal shareholder, or director, if
the applicant is a corporation; any other person who has a right to control or
in fact controls the management of the applicant or the selection of officers,
directors, or managers of the applicant; nor any contractor or subcontractor of
the applicant has any of the following:
(i)
Responsibility or liability under Chapter 1513. of the Revised Code or these
rules as a permittee for treating the discharges of water pollutants from or on
the proposed pollution abatement area;
(ii) Any responsibility or liability under
Chapter 1513. of the Revised Code or these rules for reclaiming the proposed
pollution abatement area;
(iii)
During the eighteen months prior to submittal of the request for authorization
under this rule, had a permit suspension or revocation based on a determination
by the chief of a demonstrated pattern of willful violation of Chapter 1513. of
the Revised Code or rules adopted thereunder, with respect to water quality,
effluent limitations, or surface- and ground-water monitoring; or
(iv) Ever forfeited a coal or surface mining
bond, performance security, or similar security deposited in lieu of bond in
this state or any other state or with the United States;
(b) The proposed abatement plan represents
the best available technology economically achievable and will potentially
reduce the base line pollution load;
(c) The surface mining operation on the
proposed pollution abatement area will not cause any additional ground water
degradation; and
(d) All
requirements of paragraph (E) of rule
1501:13-5-01
of the Administrative Code that are not inconsistent with paragraph (D) of this
rule have been met.
(2)
An authorization may be denied under this rule if granting the authorization
will, or is likely to, affect any legal responsibility or liability under
Chapter 1513. of the Revised Code or these rules, for the proposed pollution
abatement area or other areas or discharges in the vicinity of the proposed
pollution abatement area.
(3) No
authorization may be granted under this rule unless there are one or more
pre-existing discharge(s) from or on the pollution abatement area.
(4) The authorization allowed under this rule
is only for the pollution abatement area and does not apply to other areas of
the permit.
(5) No authorization
may be granted under this rule until a remining NPDES permit has been issued by
the Ohio environmental protection agency and a copy of the remining NPDES
permit has been provided to the chief.
(E) Performance standards. Any permittee who
receives an authorization under this rule shall comply with Chapters 1501:13-9
to 1501:13-13 of the Administrative Code unless otherwise specifically provided
in this rule. The permittee shall also:
(1)
Implement and maintain the approved water quality and quantity monitoring
program for the pollution abatement area until the requirements of paragraph
(H) of this rule are met;
(2)
Implement the approved abatement plan; and
(3) As required in the authorization, submit
a certification by the supervising professional engineer of the proper
construction of certain steps of the abatement plan which may include, but not
be limited to, the completion of mine seals, compaction tests, subsurface
drains and, where necessary, stability analyses.
(F) Treatment of discharges.
(1) For any pre-existing discharges from or
on the pollution abatement area that are commingled with active mining
wastewater, the permittee shall comply with paragraph (B) of rule
1501:13-9-04
of the Administrative Code until the pollution abatement plan is implemented
and the commingling has ceased.
(2)
The permittee shall treat the pre-existing discharges from or on the pollution
abatement area in the event that the numeric effluent limitations established
in the remining NPDES permit are exceeded as determined by using procedures
contained in Appendix B of 40 C.F.R. Part 434.
(3) Treatment shall be initiated if necessary
to meet the numeric effluent limitations established in the remining NPDES
permit, and shall be continued or reinitiated as long or as often as necessary
to meet the numeric effluent limitations established in the remining NPDES
permit prior to final performance security release pursuant to paragraph (H)(3)
of this rule.
(4) Sampling sites
for water samples collected to ensure compliance with 40 C.F.R. Part 434 shall
be determined by the chief.
(5) A
permittee required to treat pre-existing discharges pursuant to paragraph (F)(2) of this rule will be
allowed to discontinue treating the discharges when the
permittee affirmatively demonstrates to the chief's satisfaction that:
(a) The untreated pre-existing discharges are
no longer exceeding the effluent limitations established in the remining NPDES
permit, as shown by all surface-water monitoring conducted by the permittee or
the division of mineral resources management;
(b) Coal mining activities pursuant to the
permit, including the pollution abatement area, are being or were conducted in
accordance with all of the requirements of the permit and the authorization,
Chapter 1513. of the Revised Code and rules adopted thereunder, unless otherwise specifically provided in this
rule;
(c) The permittee has
satisfactorily implemented each step of the abatement plan as approved in the
authorization; and
(d) The
permittee is not causing or contributing to any additional ground water
degradation by reaffecting the pollution abatement area.
(6) Any discontinuance of treatment pursuant
to paragraph (F)(5) of this rule shall not be deemed or construed to be or to
authorize a release of performance security under rule
1501:13-7-05
or rule 1501:13-7-05.1 of the Administrative Code.
(G) Request for performance security release.
Paragraph (H) of this rule shall apply to the release of performance security
for pollution abatement areas authorized by this rule. Paragraph (B) of rule
1501:13-7-05
and paragraph (B) of rule 1501:13-7-05.1 of the Administrative Code shall be
inapplicable to such release of performance security.
(H) Criteria and schedule for release of
performance security on pollution abatement areas.
(1) Phase I performance security release. The
chief shall release up to fifty per cent of the amount of
performance security for the authorized pollution abatement area if the
permittee demonstrates and the chief finds that:
(a) The coal mining operations were conducted
on the permit area, including the pollution abatement area, in accordance with
all of the requirements of the permit and the authorization, Chapter 1513. of
the Revised Code and these rules, unless otherwise specifically provided in
this rule; and
(b) The permittee
has satisfactorily completed backfilling, regrading, and drainage control in
accordance with the approved reclamation plan and each pertinent step of the
approved abatement plan;
(2) Phase II performance security release.
The chief shall release an additional amount not to exceed
thirty-five per cent of the amount of performance security for the authorized
pollution abatement area if the permittee demonstrates and the chief finds
that:
(a) The permittee has replaced the
topsoil or material conserved pursuant to rule
1501:13-9-03 of
the Administrative Code, completed planting and established revegetation in
accordance with the approved reclamation plan,
and achieved the standards of success for such revegetation set forth in rule
1501:13-9-15 of the
Administrative Code;
(b) The
permittee is not causing or contributing to any surface water pollution or
ground water degradation by reaffecting or mining the pollution abatement
area;
(c)
For a period of twelve months after discontinuance of
treatment pursuant to paragraph (F)(5) of this rule, the permittee has not exceeded the numeric effluent
limitations established in the remining NPDES permit as shown by all ground-
and surface-water monitoring conducted by the permittee or the division of
mineral resources management; and
(d) The permittee has implemented all
pertinent steps provided in the approved abatement plan.
(3) The chief shall release the
remaining portion of the amount of performance security on the authorized
pollution abatement area if the permittee demonstrates and the chief finds
that:
(a) The permittee has successfully
completed all of the approved abatement plan and the reclamation plan, and the
pollution abatement area is capable of supporting the postmining land use
approved under rule
1501:13-9-17
of the Administrative Code;
(b) The
permittee has complied with all of the requirements of the permit and the
authorization, Chapter 1513. of the Revised Code and these rules, unless
otherwise specifically provided in this rule;
(c)
For a
period of two years after discontinuance of treatment pursuant to
paragraph (F)(5) of this rule, the permittee has not
exceeded the numeric effluent limitations established in the remining NPDES
permit as shown by all ground- and surface-water monitoring conducted by the
permittee or the division of mineral resources management; and
(d) The applicable period of extended
responsibility for revegetation under rule
1501:13-9-15 of the
Administrative Code has expired.
(I) For dates of federal rules and federal
laws referenced in this rule, see rule
1501:13-1-14
of the Administrative Code.