§45-751. Disturbances to hydrologic balance.

320 words·~1 min read·/ok/title-45-mines-and-mining/45-751

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The operator shall minimize the disturbances to the prevailing hydrologic balance, at the mine site and in associated offsite areas, and to the quality and quantity of water in surface and ground water systems both during and after surface coal mining operations and during reclamation by:

1. Avoiding acid or other toxic mine drainage by such measures as, but not limited to:

a. preventing or removing water from contact with toxic producing deposits,

b. treating drainage to reduce toxic content which adversely affects downstream water upon being released to water courses, and

c. casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters;

2. a. Conducting surface coal mining operations so as to

prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law, and

b. constructing any siltation structures pursuant to this paragraph prior to commencement of surface coal mining operations. Such structures shall be certified by a qualified registered engineer to be constructed as designed and as approved in the reclamation plan;

3. Cleaning out and removing temporary or large settling ponds or other siltation structures from drainways after disturbed areas are revegetated and stabilized, and depositing the silt and debris at a site and in a manner approved by the Department;

4. Restoring recharge capacity of the mined area to approximate premining conditions;

5. Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;

6. Preserving throughout the mining and reclamation process the essential hydrologic functions of alluvial valley floors in the arid and semiarid areas of the country; and

7. Such other actions as the Department may prescribe. Laws 1978, c. 10, § 11, emerg. eff. Feb. 2, 1978.