Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 785 - Requirements for Permits for Special Categories of Mining
Section 4VAC25-130-785.19 - Remining areas with pollution discharges
Universal Citation: 4 VA Admin Code 25-130-785-19
Current through Register Vol. 41, No. 3, September 23, 2024
(a) Scope.
(1) This section specifies procedures and
rules applicable to those who seek authorization to conduct surface coal mining
activities on previously mined areas which have been previously affected by
mining activities and where there exists continuing water pollution. Receipt of
the authorization entitles a permittee to later request bond release for areas
which continue to discharge pollutional material.
(2) All provisions of this Subchapter apply
to authorizations to mine areas with preexisting pollutional discharges except
as specifically modified by this section.
(b) Applicability. No authorization may be granted under this section unless the authorization is part of:
(i) A permit issued after the effective date
of this section, or
(ii) A permit
revision under 4VAC25-130-774.13, but only if the applicant affirmatively
demonstrates to the satisfaction of the division that:
(i) The applicant has not caused or
contributed to the pollutional discharges, and
(ii) The applicant has not disturbed the
proposed pollution abatement area by surface mining activities.
(c) Application for authorization.
(1) An applicant who requests
authorization under this section shall, in addition to the general permit
application requirements of this Subchapter:
(i) Delineate on a map the proposed pollution
abatement area, including the location of the preexisting discharges.
(ii) Provide a description of the hydrologic
balance for the proposed pollution abatement area that includes:
(A) Results of a detailed water quality and
quantity monitoring program, including seasonal variations, variations in
response to precipitation events, and baseline pollution loads using this
monitoring program.
(B) Monitoring
for pH, alkalinity, acidity, total iron, total manganese, sulfates, total
suspended solids, and other water quality parameters the division deems
relevant.
(iii) Provide
a description of the abatement plan that represents best technology and
includes:
(A) Plans, cross-sections, and
schematic drawings describing the abatement plan proposed to be
implemented.
(B) A description and
explanation of the range of abatement level that probably can be achieved,
costs, and each step in the proposed abatement plan.
(2) An applicant seeking this
authorization shall continue the water quality and quantity monitoring program
required by Subsection (c)(1) after making the authorization request. The
applicant shall submit the results of the continuing monitoring program to the
division monthly until a decision on the authorization request is
made.
(d) Approval or denial.
(1) No authorization may be granted
under this section unless the applicant affirmatively demonstrates to the
satisfaction of the division on the basis of information set forth in the
application that:
(i) The proposed abatement
plan represents best technology.
(ii) The surface mining operation on the
proposed pollution abatement area will not cause additional surface water
pollution or ground water degradation.
(iii) The requirements of 4VAC25-130-773.15
and 4VAC25-130-773.16 that are not inconsistent with this section have been
met.
(iv) The remining operation
will result in the potential for improved water quality from the remining
operation.
(2) An
authorization may be denied under this section if granting the authorization
will, or is likely to, affect a legal responsibility or liability under this
chapter, 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 section unless there are one or more preexisting discharges from or on the
pollution abatement area.
(4) The
authorization allowed under this section is for the pollution abatement area
only and does not apply to other areas of the permit.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
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