Section 1816.41 Hydrologic Balance Protection

Section 1816

Section 1816.41  Hydrologic

Balance Protection

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, such as diminution of recharge capacity, to prevent

violations of State and Federal water quality standards and effluent

limitations, to assure the protection or replacement of water rights, 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

achieve 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, surface mining activities shall be conducted according to the plan

approved under 62 Ill. Adm. Code 1780.21(h) 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

scharge 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 62 Ill. Adm. Code 1780.21(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 as a result of this

change, then the Department shall require additional monitoring including, but

not limited, to increased monitoring frequency, additional monitoring wells or

changes 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 3 months

to the Department or more frequently 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 operator shall promptly notify the Department and immediately take the

actions provided for in 62 Ill. Adm. Code 1773.17(e) and 1780.21(h).

3)         Ground water monitoring shall proceed through mining and

continue during reclamation until bond release.  Consistent with the procedures

of 62 Ill. Adm

ysis

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 62 Ill. Adm. Code 1773.17(e) and 1780.21(h).

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 to the approved plan do not diminish the ability

to detect adverse impacts to the hydrologic balance, including the parameters

covered and the sampling frequencies, if the operator demonstrates, using the

monitoring data obtained under this subsection 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 quality and quantity are

suitable to support approved post-mining 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 62 Ill. Adm. Code 1780.21.

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, except as provided for under subsection

hieve the purposes set

forth in the monitoring plan approved under 62 Ill. Adm. Code 1780.21.

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, except as provided for under subsection

(g).

d)         Surface water protection.  In order to protect the hydrologic

balance, surface mining activities shall be conducted according to the plan

approved under 62 Ill. Adm. Code 1780.21(h) 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 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

1816.42, the operator 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 1780.21(h).

e)         Surface water monitoring.

1)         Surface water monitoring shall be conducted according to the

surface water monitoring plan approved under 62 Ill. Adm. Code 1780.21(j)

ty 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 1780.21(h).

e)         Surface water monitoring.

1)         Surface water monitoring shall be conducted according to the

surface water monitoring plan approved under 62 Ill. Adm. Code 1780.21(j).  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 as a result of this

change, 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 3 months, or more frequently as prescribed by the Department

in those circumstances where a more frequent monitoring schedule is necessary

to detect adverse impacts to the surface water system.  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 operator

shall notify the Department within 5 days and immediately take the actions

provided for in 62 Ill. Adm. Code 1773.17(e) and 1780.21(h).  The reporting

requirements of this paragraph do not exempt the operator from meeting any

NPDES reporting requirements

reporting period.  When the analytical results of any surface

water sample indicates noncompliance with the permit conditions, the operator

shall notify the Department within 5 days and immediately take the actions

provided for in 62 Ill. Adm. Code 1773.17(e) and 1780.21(h).  The reporting

requirements of this paragraph do not exempt the operator 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 operator 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 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 62 Ill. Adm. Code 1780.21(j).

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, except as provided for in Section 1816.49(b).

f)         Acid- and toxic-forming materials

pproved under 62 Ill. Adm. Code 1780.21(j).

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, except as provided for in Section 1816.49(b).

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 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 1816.102.

g)         Before final release of bond, exploratory or monitoring wells

shall be sealed in a safe and environmentally sound manner in accordance with

Sections 1816.13 through 1816.15.  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 1816.13 through 1816.15

manner in accordance with

Sections 1816.13 through 1816.15.  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 1816.13 through 1816.15.

h)         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.  Information used to determine the extent of the impact of mining

upon ground water and surface water shall include, but not be limited to,

baseline hydrologic information required in 62 Ill. Adm. Code 1780.21 and

1780.22.

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 water quality standards or

effluent limitations set forth in Section 1816.42;

C)        Be at a known rate and quality which shall meet the effluent

limitations of Section 1816.42 for pH and total suspended solids, except that

the Department may allow pH and total suspended solids to exceed effluent

limits so long 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

.42;

C)        Be at a known rate and quality which shall meet the effluent

limitations of Section 1816.42 for pH and total suspended solids, except that

the Department may allow pH and total suspended solids to exceed effluent

limits so long 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.