Current through Vol. 42, No. 1, September 16, 2024
(a)
General. All surface 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, to assure the protection or replacement of water
rights, and to support approved postmining land uses in accordance with the
terms and conditions of the approved permit and the performance standards of
this Chapter. The Department may require additional preventative, remedial, or
monitoring measures to assure that material damage to the hydrologic balance
outside the permit area is prevented. 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, surface mining activities shall be conducted according to the plan
approved under Section
460:20-27-11(h)
of this Chapter and the following:
(1)
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.
(2) Ground-water quantity shall be protected
by handling earth materials and runoff in a manner that will restore the
approximate premining recharge capacity of the reclaimed area as a whole,
excluding coal mine waste disposal areas and fills, so as to allow the movement
of water to the ground-water system.
(c)
Ground-water monitoring.
(1) Ground-water monitoring shall be
conducted according to the ground-water monitoring plan approved under Section
460:20-27-11(i)
of this Chapter. The Department may require additional monitoring when
necessary.
(2) Ground-water
monitoring data shall submitted every 3 months to the Department or more
frequently as prescribed by the Department. 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 operator shall promptly notify the Department and
immediately take the actions provided for in Sections
460:20-15-7(e)
and
460:20-27-11(h)
of this Chapter.
(3) Ground-water
monitoring shall proceed through mining and continue during reclamation until
bond release. Consistent with the procedures of Section
460:20-17-3 of
this Chapter, the Department may modify the monitoring requirements, including
the parameters covered a dthe sampling frequency, if the operator demonstrates,
using the monitoring data obtained under this Section, 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 postmining land uses; and
the water rights of other users have been protected or replaced; or
(B) Monitoring is no longer necessary to
achieve the purposes set forth in the monitoring plan approved under Section
460:20-27-11(i)
of this Chapter.
(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 operator when
no longer needed.
(d)
Surface-water protection. In order to protect the hydrologic
balance, surface mining activities shall be conducted according to the plan
approved under Section
460:20-27-11(h)
of this Chapter, and the following:
(1)
Surface-water quality shall be protected by handling earth materials,
ground-water discharges, and runoff in a manner that minimizes the formation of
acidic or toxic drainage; prevents, to the extent possible using the best
technology currently available, additional contribution 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 Chapter and Section
460:20-43-9,
the operator shall use and maintain the necessary water-treatment facilities or
water quality controls.
(2)
Surface-water quality and flow rates shall be protected by handling earth
materials and runoff in accordance with the steps outlined in the plan approved
under Section
460:20-27-11(h)
of this Chapter.
(e)
Surface-water monitoring.
(1)
Surface-water monitoring shall be conducted according to the surface-water
monitoring plan approved under Section
460:20-27-11(j)
of this Chapter. The Department may require additional monitoring when
necessary.
(2) Surface-water
monitoring data shall be submitted every 3 months to the Department or more
frequently as prescribed by the Department. Monitoring reports shall include
analytical results from each sample taken during the reporting period. When the
analysis of any surface-water sample indicates noncompliance with the permit
conditions, the operator shall promptly notify the Department and immediately
take the actions provided for in Sections
460:20-15-7(e)
and
460:20-27-11(h)
of this Chapter. The reporting requirements of this Subsection do not exempt
the operator from meeting any National Pollutant Discharge Elimination System
(NPDES) reporting requirements.
(3)
Surface-water monitoring shall proceed through mining and continue during
reclamation until bond release. Consistent with Section
460:20-17-3 of
this Chapter, the Department may modify the monitoring requirements, except
those required by the NPDES permitting authority, including the parameters
covered and sampling frequency if the operator demonstrates, using the
monitoring data obtained under this Paragraph, 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 postmining land uses; and
the water rights of other users have been protected or replaced; or
(B) Monitoring is no longer necessary to
achieve the purposes set forth in the monitoring plan approved under Section
460:20-27-11(j)
of this Chapter.
(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 operator when
no longer needed.
(f)
Acid- and toxic-forming materials.
(1) Drainage from acid- and toxic-forming
materials 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 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 disposal provisions of this
Chapter.
(g)
Transfer of wells. Before final release of bond, exploratory or
monitoring wells shall be sealed in a safe and environmentally sound manner in
accordance with Sections
460:20-43-4
through
460:20-43-6.
With the 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
460:20-43-4,
through
460:20-43-6.
(h)
Water rights and
replacement. Any person who conducts surface mining activities shall
replace the water supply of an owner of interest in real property who obtains
all or part of his or her supply of water for domestic, agricultural,
industrial, or other legitimate use from an underground or surface source,
where the water supply has been adversely impacted by contamination,
diminution, or interruption proximately resulting from the surface mining
activities. Baseline hydrologic information required in Sections
460:20-27-11
and
460:20-27-12
of this Chapter shall be used to determine the extent of the impact of mining
upon ground water and surface water.
(i)
Discharges 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 surface mining
activities;
(B) Not result in a
violation of applicable water quality standards or effluent
limitations;
(C) Be at a known rate
and quality which shall meet the effluent limitations of Section
460:20-43-9
for pH and total suspended solids, except that the pH and total
suspended-solids limitations may be exceeded, if approved by the Department;
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.
Amended at 12 Ok Reg
3592, eff 10-12-95
