ILi:.1N~

I

POLLUTI ON

CONTROL

BOARD

June 29, 1984

In the Matter

of:

PROPOSED

AMENDM~,NTS

TO TTTLE 35,

)

R83—6

SUBTITLE D:

MINE

RELATED

WATER

)

(Docket A)

POLLUTION,

CHAPTER

1,

PARTS 405

AND

406

)

FINAL

ORDER.

ADOPTED RULE

ORDER OF THE BOARD

(by

J.

Marlin):

On

December

15,

1983 the Board adopted a Proposed

Opinion and Order amending 35 Iii. Adm. Code 405 and 406.

The proposal appeared at

8 Iii. Reg.

78, January

6,

1984. On

March

6,

1984 the Hearing Officer extended the comment

period and allowed an additional hearing.

A written public

comment was received in two pieces on March

20 and

26, 1984,

from the proponents acting through the Mine Related Pollution

Task Force.

Following the hearing, additional written

comment was received from the Mine Related Pollution Task

Force.

On May 18,

1984

the Board modified the proposal in

response to this comment and testimony and sent the proposal

to Second Notice.

On June 12,

1984 the Joint Committee on Administrative

Rules recommended changes in Part 405,

and objected to

certain provisions

in

Part 406.

The recommendations and

objections relate to areas where the Joint Committee believes

the rules are not sufficiently specific.

The matters involved

are:

1.

Need for standards or criteria to determine what

is a “substantial change” from an abandonment plan

(S405, 109 (e)) (Recommendation).

2.

Need for a definition of “10-year,

24--hour precipi-

tation

event”

in §406. 106

(Objection).

3.

Need

for

definitions

of

1’disturbed

areas”

and

“disturbed

materials”

(Objection).

4,

Need

for

a

definition

of

“adverse

effect”

and

“adversely

affect

any

public

water

supply”

in

§406,203

(Objection)

5~

Need

for

a

definition

of

“significantly’t

in

refer-

ence

to

contributions

of

TDS

from

fracture zones

in

§406.205(b)

(Objection).

58-531

---

—2--

The Board has made

changes

to

the

text

of

the

rules

in response to the Joint Committee Staff comments.

The

changes which

the

Board has

made

clarify

the

intent

of

the

rules.

The

five

changes

listed

above

could

involve

substan-

tive changes in the proposal or the existing rules

if the

Board were to adopt definitions which were not the same as

those assumed by the proponents:

the Agency and affected

industries.

Adoption

of

these

additions

at

second

notice

would not allow the opportunity for notice or comment as

required by Title

VII

of the Act.

The Board refuses

to

further

modify

the

Rule

by

making

the sugge~tedsubstantive changes at this point because

(1)

they are not statutorily necessary,

(2)

the

rule

is

at

second notice, and

(3)

addition of

such

substantive

changes

would require a new rulemaking.

The Board directs that the

rules be filed as modified

by

this

Order, and that a refusal

to

further

modify be published in the Illinois Register.

The Board has made additional changes in response to

comments from the staff of the Joint Committee on Adminis-

trative

Rules,

The

complete

text

of

the

rules

as

modified

is attached to this Order,

Striking and underlining reflect

changes from

the

existing rules rather than the Second

Notice

Order,

The

Board

hereby adopts

the

rules

as

modified.

The

May 18,

1984 Second Notice Order is withdrawn and replaced

by

this

Order, which will be published in the Opinion volumes.

IT IS SO

ORDERED.

I,

Dorothy M. Gunn,

Clerk

of

the

Illinois Pollution

Control Board,

hereby

certify that the above Order was

adopted on the

~

day of

~

,

1984 by a vote of

Illinois

Pollution

Control

Board

58-532

---

—3—

TITLE

35~ ENVIRONMENTAL PROTECTION

SUBTITLE D:

MINE RELATED WATER POLLUTION

CHAPTEI~.

I;

POLLUTION CONTROL BOARD

PART 405

STATE

AND

NPDES PERMITS

Section

405.100

405.101

405. 102

405.103

405. 104

405.105

405.106

405.107

405.108

405.109

405.110

405.111

405.112

405.113

Pre

arnb

1e

Special Conditions; Agency Guidance Document

Standard

for Permit Issuance or Certification

Iermit Modification When New Regulations Are Adopted

Permit Applications

Surface Drainage Control

Refuse Disposal

Experimental Permits for Refuse Disposal

Permit for Use of Acid Producing Mine Refuse

Abandonment Plan

Cessation, Suspension or Abandonment

Emergency Procedures to Control Pollution

Mine Entrances

Permit Area

A~ef~?y—Ne~e

AUTHORITY:

Implementing Sections 12 and 13

and authorized by Section

27

of

the

~

Environmental

Protection

Act

(Ill,

Rev.

Stat.

~9~9

1983,

ch,

111

1/2,

pars.

1012,

1013 and 1027)

rniess—ethe~w~se—fte~e~.

~eu~ee—Ne~e

SOURCE~ Adopted

in

R76—20,

R77-l0,

39

PCB

196,

at

4 Ill.

Reg. ~e~-34,

p.

164,

effective

August

7,

1980;

~odified

at

5

Ill,,

Reg.

ne~-47—pv

8527;

~

8~7-uess-ethe~we-~e~e4t

amended

in

R83-6A

at

8

Ill.

Re~

,

effective

___________________

Section 405,109

Abandonment

Plan

a)

A state or NPDES permit shall include an abandon-

ment plan as a

condition.

An abandonment

plan

shall

be

incorporated

into

the permit by

reference

if

it:

1)

Includes a time

schedule

establishing

that

the abandonment

plan

will

be

executed

and

completed within

e~e-yea~-ef-ae~e~

eefw~e--areve~-~y-the-A~eHeya

reasonable

time

after

abandonment

considering

anL.~ntfal

adverse

impact

on

the

environment

pending

coi~étion

of

the

plan

and

the

amount

of time required

to

carry

out

the

steps

in

the

58-533

---

—4—

plan;

one

year

is

assumed

to

be

a

reasonable

time unless~h~operatordemonstrates that a

I6~gertime is

reasonable

and

2~

Nec

—the-eta

~

2)

Shows

that

the

mine

related

facilities

and

—

ffiuI~ii~ga~Ei~ities

will

be

abandoned

so

as

not

to

cause

a

violation

of

the

Act

or

this

Chapter

A)

If

the

plan

includes

a

discharge

which

~fli

remain

after

abandonment

which

will

not meet

the

requirements

of

35

Ill.

Mm.

Code

406.202,

and

if

the

permit

included

water

q~uality-based

conditions

under

35

Ill.

Adm.

Coae

406.203

during

active

mining,

the

discharge

shall

be

deemed

to

meet

35

Ill.

Adm.

Code

406,202

with

respect

to total dissolved solids,

chloride, sul—

fi?e,

iron

and

manganese

if

it

will

meet

the

requirements

of

35

Ill.

Adm.

Code

406.106

and

406.203

Cc)

(1)

and

(C)

(2);

or

B)

If

the

plan

includes

impoundments

which

will

remain

after

abandonment

and

which

will

not

meet

the

water

quality

standards

of

35

Ill.

Adm.

Code

302,204

or

302.208,

with

respect

to

total

dissolved

solids,

chloride,

sulfate, iron, manganese and pH,

~ich~f

act

shall

not

prevent

approval

of~

Ehe

plan

if

the

imooundi~mtViTI~

the

requirements

ot~5

Ill,

Adin.

Code

406.106

and

406.20~(c)(l)

and

(c)(2).

c)

~*

If

it

the

abandonment

plan

does

not

meet

the

—

standard

of

Gee~4en-4~S~9~

paragraph

(b)

the

Agency may either

deny

the

p~ii~orlssue it

with

an abandonment

plan

modified

by

conditions subject

to Section 405,101.

d)

4* The time limit

provided

by

&ee~Aen4~4O~

aragra h

(b)

(1)

is

inapplicable

to abandonment

plans

or ~iI~Th’~ecoal mines which are approved as

reclamation plans under the Surface Coal Mining

Land Conservation and Reclamation Act

(Ill, Rev,

State

1983,

ch,

96

1/2,

par.

7902.03).

e3-e) Any abandonment plan constituting a substantial

change from

the

permitted

abandonment

plan

is

a

revised abandonment

plan.

58-534

---

—5—

d3-f)

A permittee shall apply for a new or revised or

—

supplemental NPDES or state permit prior to imple-

mentation of a revised abandonment plan within the

time limits provided

by

See~e~ 35

Ill. Adm. Code

403,104(c).

g)

An_abandonment

plan

incor

orated

into a

ermit

—

pursuant to showing un er

35

Ill,

Adm, Code

06.203

~

~406,203elane2.

(Source:

Amended at

8

Iii.

Reg

effective

___________

Section 405.110

Cessation, Suspension or Abandonment

a)

A permittee shall notify the Agency in writing by

certified mail within thirty days of any of the

following:

I)

Abandonment;

or

2)

Cessation or

suspension

of

active

mining

for thirty

days

or

more unless caused by

a labor dispute.

b)

During cessation or suspension of active mining,

whether caused

by

a

labor

dispute

or

not,

the

permittee shall

provide

whatever

interim

impound-

ment,

drainage diversion and wastewater treatment

is necessary to avoid violations of the Act or

B7 ?I~ap~e~

~ this

~

c)

Upon abandonment the permittee shall execute and

complete the

permitted

abandonment

plan;

provided,

however, that the permittee need not execute and

complete the permitted abandonment plan if

the

abandonment

arises

solely

from

transfer of owner-

ship to a

responsible

party.

d)

A responsible party is

a

person

who holds a state

or NPDES permit and all other necessary permits

for the same facility.

If such permit is issued

subsequent to the transfer it shall relieve the

transferor of the obligation of further executing

the abandonment plan.

e)

Upon request by the permittee the Agency shall

issue a certificate of abandonment whenever an

~~~mittee

demonstrates

that:

1)

The

abandonment

plan

has

been

satisfactorily

cxccuted

and

58-535

---

—6—

2)

The requirements

of

Sections

405.109(b)

(2)

(A)

and(bj (2) (B)

have

been

met.

f)

Refusal to issue a

certificate

of

abandonment

is

a

—

permit denial for purposes of appeal.

(Source:

Amended at

8

Ill.

Reg.

,

effective

.)

TITLE 35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

D:

MINE

RELATED

WATER

POLLUTION

CHAPTER

I:

POLLUTION

CONTROL

BOARD

PART

406

MINE WASTE EFFLUENT AND

WATER

QUALITY

STANDARDS

SUBPART A:

6EN~RA~EFFLUENT AND-WA~R

QWA~~STANDARDS

Preamble

Averaging

Sampling, Reporting and Monitoring

Background Concentrations

Dilution

Violation of Water Quality Standards

(Renumbered)

Effluent Standards

Offensive Discharges

Non—point Source

Mine Discharges

SUBPART

B:

~

WATER

QUALITY STANDARDS~-P~MPøRAR~-RU!~B

Temporary Exemption from Section 406.105

(~~~ed)

Violation of Water_Qua1i~yStandards

TDS Related

~

~3~tEning

Practices

~

Areas

____

~

Waters

Control of Disáharge

Waters

____

UnconventionaIii~i~

______

~TraTThnoF~erE~ptions

AUTHORITY:

Implementing

Sections 12 and

13

and

authorized

by

Section

27 of the

Environmental

Protection

Act

(Ill.

Rev,

Stat. ~9~9 1983,

ch.

111

1/2, pars.

1012, 1013 and 1027).

SOURCE:

Adopted in R76—20,

R77—10,

39 PCB 196, at

4 Ill.

Reg.

34,

p.

164, ~

EtivAuguist.71

;ccaified

at 5

Ill,

Reg.

8527;

emergency

amendment

in

R83—6B

at

7 Iii. Reg.

Section

406.100

406.101

406.102

406. 103

406.104

406,105

406. 106

406.107

406.108

Section

406. 201

406.202

406.204

406.206

406,208

406,209

58-536

---

—7—

8386, effective July 5,

1983, for a maximum

of

150

days;

amended in R83-6B at

7

Ill, Reg.

14510,

effective

October

19,

1983;

amended in R83-6A at

8 Ill. Reg.

—,

effective

SUBPART A:

6BNE~A~

EFFLUENT ANR

WATER

~

STANDARDS

Section

406~l04

Dilution

a)

Di1ut~onof an

effluent

from

a

treatment

works

or

from any wastewater

source

is

not

acceptable

as

a

method of treatment

of

wastes

in order to meet the

effluent standards set forth in this ~j2part.

~~?~f~it

shall be the obligation of any person

discharging contaminants of any kind to the waters

of the State to provide the best degree

of

treatment

of wastewater consistent with technological

feasibility, economic reasonableness and sound

engineering judgment.

b)

In making determinations

as

to

what

kind

of

treat-

ment is the best

degree

of

treatment

within

the

meaning of this pa~a~~ap~

Section, the following

will be considered:

1)

What degree of waste reduction can be

achieved

by process change, improved housekeeping and

recovery of

individual

waste

components

for

reuse; and

2)

whether individual process wastewater streams

should be segregated or combined.

c)

-meeec~y-the—eoneen~faens—ee—Meae~e~~

trations measured for the

ur ose of determinin

corn liance wit

Section

.

s

a

e recomputed

to exclude the ef ect o

any

ilution that is

improper under this Section,

(Source:

Amended at

8 Ill,

Reg.

_____,

effective

)

Section 406.105

Violation of Water Quality Standards

(Renumbered)

(Source:

Section 406,105 renumbered to Section 406,202 at

8 Ill. Reg.

,

effective

______________

Section 406.106

Effluent Standards

a)

The effluent limitations contained in

Pa~

35

Ill. Adm, Code 304 ~

58-537

---

shall not apply to mine discharges or

non—point

source mine discharges.~

b)

No person shall cause or allow a

effluent to exceed the following

tarninants:

Storet

_____

Number

______________

Acidity~

00435

Iron (tota1)~

Lead

(total)

Ammonia

~N~trogen

(as N)

pHT

Zinc

(total)

Fluoride

(total)

Total suspended

solids

Manganese

_____

____

1)

is Nnot subject to averaging.

2)

~The ammonia nitrogen standard is Aapplicable

only to an operator utilizing ammonia in

wastewater treatment.

3)

~Any overflow, increase in volume

of a dis-

charge or discharge from a by~-pass

system

caused by precipitation or snowmelt

shall

not

be subject to the limitations of this

Section

eevereé-by—th~e~ee~ne~e.

This

exemption

shall be available only if the ~ae~~y

sedimentation basin or treatment

works

is

~T~ne,

c~itructe

~maintained

to

contain or treat the volume of water

which

would fall on the areas eevefed-~y—th~e

~pa~

~uta~Z

to the discharge,

overflow

2~~ss

during a 10—year, 24-hour or larger

precipitation event

(or snowmelt of equiva-

lent volume),

The operator shall

have

the

burden of demonstrating that the

prerequisites

to an exemption set forth in this

subsection

have been met,

~4)

The manganese effluent limitation is a

licable

only to dischar es from faci ities. w

ere

Constituent

mine discharge

levels of con—

Concentration

01045

01051

00610

00400

01092

00951

00530

01055

(total acidity

shall not exceed

total alkalinity)

3.5 mg/l

1 mg/l

5 mg/i

(range

6 to

9)

5 mg/i

15 mg/i

35 mg/i

2.0 mg/i

58-538

---

—9—

iron or pH effluent limitations.

The

upper

it~

pH

~Ti

Wany

uc

aci

ity

that is unable to comply with the manganese

9.

The manganese

S

t

an ar

is

~t

~

assocf~i~EEw~i~no

actT~ëmining,

pr~disposa1h~taenpla~

since May 13,

1976.

*Pr~ef_~e~

~

Pa—~V—-~e-be~eedified—Pa~—

94~

(Source:

Amended at

8 Ill. Req.

_______,

effective

SUBPART B:

B~TESPEG~P~?~PFLWENT ANB

WATER

QUALITY SThNDARDS;

~EMPgRAR~-R~ES

Section

406.201

Temporary Exemption from Section 406.105

(Repealed)

a3-

~

dicehaeha1—~e-eMemp~—~em- e—~5-e~eMen~—e~

Seetien-4~

tetadielve~—ee~~e7

~

cnd—manga~ese~

~*

~

eaew-~e~—~

e3

~e~Agemey- ~

the~4eewimg-eeio—a~e-me~

~*

The~Agemey-dees-net-dernenet~ate-s~een~

~

~

~

pree6-~that—

e-44ceha~!e-w&

~

~33-

The~pei~rnittee-e~mitee-e-Ageney-p~ee~

~

dcc

~

etecs

—

~*

The~Agemeyay-p~em~ga~e-

~rnde~- -~-Mw~

~

eemp~

iccee~

sh&~

be~ima-?ae±e-eve~eehat-the-pe~ee

meaminq~eeuafaaph~4e~4~T

58-539

---

—10-~

e*

Wkenevee-the~Age~ey-isee-a—pe~mit—e-xemp~4nq—a

~

ie—the~peernit—s~eh—eeitie~c—ae—mae~neeessafy

te-encuce-that-the-pecmittee-thi~i

p~aetieec~

pacameteee—e~~empte~~

f3~.

A?tec-dn~y-~

8eetien-4969~-a~l—te~micateT

(Source:

Repealed at

8 Ill. Req.

,

effective

___________.)

Section 406.202

Violation of Water Quality

Standards

In addition to the other requirements of this

Part,

no

mine

discharge

or non~pointsource mine discharge shall, alone or

in

combination with other sources, cause a

violation

of

any

water

quality standards of

~tit~e-e7-ehaptef-——Wa~e~

Pe~~~en35 III, Adm, Code 302 or 303.

When the

Agency

finds that~~T~~rg~

icwouT~3omply with effluent

standards contained in this Part would cause or

is causing

a violation of water quality standards,

the

Agency shall

take

appropriate action under Section

31 or 39 of the

Environmental Protection Act to require the discharge

~

limits are necessary to

ensure

compliance with the water quality standards,

When

such

a

violation is caused by the cumulative effect of

more

than

one

source, several sources may be joined in an

enforcement

or

variance proceeding and measures for necessary

effluent

reductions will be determined on the basis

of technical

feasibility,

economic reasonableness and fairness

to

all

dischargers.

~

~

(Source:

Renumbered from Section 406.105 and amended at

8

Ill.

Reg.

___,

effective

________

____

Section 406.203

TDS Related Permit_Conditions

a)

This Section sets forth procedures b

which water

—

ua it

ase

permit con itions

or tota

1550

ved

so

i

s,

c

on

e, su

ate, iron an

man

anese

may

e esta

is e

y t e Agene

or coa

m

ne

discharges,

These proce ures app

v

instea

0

tion406,20T~hene’ierapermi~i~icanteect~

to ~

eunertisSection,A

ermittee

must

~

permi

con

1

ons

for tota

isso ye

so

i

s,

c

onTf~7~iTflae,iron

58~540

---

.~r

i

~

estahiished

pur~nani. to

this Section

~

~fl~T~arings

ma

~ip~rsuantco35)I~A~3m.

Co e

9.115.

b)

Ar

~

~t

oay

elec~

~o

;

~der

this

Section

*

by~

new

.

~ed

or

supp1ement~3

~3te

or

NPDES

permit

appi

ron.

c)

T

~li_esLabi

i

r

nditions

under

—

u~

~

~

0

~~onditions

are

me

-.

1)

~D1icant

proves

to

tue

Agency

that

~

e

a~i

adverse

~

~ii~T~around

~1~eai~i~

~L

~:ton~tratingtha~

i

iocharge will

~

~Ti

less

than or

~ITT5~mg/:

~

.

r

~T~ii~mg/1

—

-

scant_proves

to

the

Agency

that

the

arge

will

not

~

~nr~r

supply;

~

3)

The

applicant

proves

to

the

Agency

that it

-

~

rzing

good

nining

~‘r~

trces

designed

~o

~

_______

~

—~——-~

so 1

ds,

chloride,

sulfate

rr~manan~!e.

d)

~

~

~

romuigate

under

35

111.

Adm.

Code

—

405.10Jofo~~mlniL.g

pra~E~co~istent

mi

ti

on

in

Sec

~

~

r

with

the

code

or

good

mining

facie

evidence

that the

applicant

is

utilizing

ood

~-~-~--~

-~-

mining

prac tices

within themeaning~agrahc)(~j.

e)

Whene7en

the

A enc

issu~~ermitbased on

this

Section,

st_shall

include

s~’c’~

con

itions

necessary to

ensure

thAT

~)

f~ere

is

no adverse

effect

on

~he environment

~

2)

C

~charge

does

flOL

~

s.~er

supply;

::ni

58

541

---

3)

~rs

permitteeutiircs

ud~inj~ac~~ces

Jesiçned

to

minimize

discarge

of

total

~i~ivedso

1i~~hT’3~

~d~iTh~iron

ard

manganese.

f)

wu

r-

o~the Agency issues

i o~rmit

pursuant

to

—~—--~——---,--——-—

______.__.-_~

ths

~cction,

it

may incluie as

a condition a

requ

erient

that

the

permittee

submit

to the

Age~

effluent

data

for

ttaT~i~1v~ri~ids,

~Tf~e,ironandmanganese.

(Source:

Addth

at

8

111.

Req.

effective

Section

406

2

4

Good Mining Practices

In

determinir

~ther an operator as

tithzing

ood

mining

practic~i~’

e

Ec

nimizedis~~~total

disso

ved

solids,

chlo

~d

sulfate,

iron_and

miiymnese,

the

A

enc

shall consid?

~

:ner

the

operator

i~

urilizing

t e

followinggc

~gractices,

further

defined

in the

Sections

ira

~c3~

a)

Pr~

w~ich

may

stop

cr

mi~lmize

water

ir~L

~uIcng

into

contact

with

d~istunbed

areas

T~c

t en

40~2~T;

b)

Re

i

~ and control within the site

of waters

—

~o

t

~

c)

c~

treatment

of

~

to

iocharged

from

the

Section

406.20

)

d)

t1rc~i e

~iona1~actice’~

Sethion

406,208).

(Source:

Added

1.

effective

~ontact

with

Dt~5~

Areas

In

considering

~nano~ator

is

uti

thing

practices

which

may

s~ej

e

.nmr~mizewater

fron

a~ai r

into

contact

~d~tur~na

ii si

enc~TFiT~

rtfi~~tent

to

which

the

i~r~:~pr

is

utilmzsng

01cc

co~?~s,1n:cud1ng:

~rase

diversions

to

coiec

md

convey

~—

—~---——-‘—~

—

‘soc

on

tnrougn

to

a

t~r iving

stream

---

ore

that

would

othorwse

flow

over or

~

2)

arts

diversions

to

ccnuey

water

around

or

-

~)uc’~

disturbed

areas

cr~

undermined

areas

~r.nected

to

the

surfa~e~

3)

thterception

diversiors

to

isolate

on—site

—

as,ancludri7

L~n~flmit~

~

~i~t~i~T1izedspoils

r

~

b)

1~:s~’a

~cntrols

1)

~ç~ug

of

clearing

gei’thing,

scalping,

~

~aIous_s~TTPTiliT~~ption

~

kept

concur

ren~~h

~

ion

opera-

-

—~--~

~ro~

and

a

minimum

disturbed

surface area

L.xposed at

any

one

time,

3)

:c~~4

qradients~ients and

a

those

to

the

active

-

~r~—

~_~~___~__*_

b

short

as

pee

i~

~.

:

order

to

minimize

i~. ~

king

to

the

active

3,

j

:~tabjljzation

thrct~h

measures

such

as

i~

~tation_and

mu1thii~~,

reduce

the

poten-

d for_ex~i~~r~i~~ichmapro~ce

c~ived

solids.

u~’:g of borehole

acF rg as conduits which

e~iow

the uncontrolled ertra~~ate~

~

t~ThcIi~pitareas

~ surface mines,

5)

Leay~ sufficient barriers

wh

~er

minim

adjacent

to

abandoned

under qround

workings

f~~bein~e~

wr

t~

water.

—

6)

r Leposri

of_potential

r thuinant

‘roducin

an

~enia1s

as

soon

as

~

s~iL1e in

areas

t

at

-

will

prohibit

or

minani:e

cootact

wit

sur ace

~ni

groundwater.

7)

Covering

or

treating

potE :ctial

contaminant

-

oroducmng materials ~o se th minimize

adverse

eth~ctson_waterquality.

8)

Thaiarg of watey1~thi.5 f~ucture

zones

—

ntered during

urdai~~

~na

mining

to

---

(Source:

Added

s.~

the

flow

of

t

~aL

dissolved

C

ha’saters.he~

c ~o

-r

T~T~spermit

-~

.ecsful

sea

Lao

i

--

~Ifi~ntly

3~c~

i~in~

orrc

aiceflarge

-

tive

Section

4062

xposed

Waters

In

consider~~g

~nq

to

the

~~2x~sed~

consider the

ext

eran~e

a.

tion

and

c

r

oturbed

mat~r~

t~i.e

which

tie

o

‘~‘

rgpractices

toe

site

of

r

‘

~iTizing:

a)

Eros

.oro~ols’grad

r

o~ di’

~o

c

soil_b~rth

runoff

b)

Sedirci

~on Controls.

—

orcc

r

ofwast.

a

wathr

mrnrrn~~

of

e.

tIe

r-

~a

.g and

revegetation

uce

and

detain

a

na~t

ion

a

~

inc

runoff

rEr~Ti~T1tyof

a

Reuse

cor.

poc~s

r

1)

~tharge’~

~

to

c’ludi-g

s

tar

bearing

high

*

iT~s,wh~i~ver

e’aioap

ponds

to

~

C

timed

land

a

w

ance’~’-o~

I

di.~sothc

water

for

d)

?

urbed

Materials:

~.

On

C

w

i.

~ontinaoi

—

e~

to

nat

ir

ZL.

-

~ tuned

mateniai.

~ of

.ocu~c

-

~

is re work~rc

t

on

of

~-o

r..

practices,

~o.t

3rri~iPETi~tervaIs,

a~th

o

saters

in

~Th~T~Tproces-

a~r-

ties~ete

‘Y~~!~flitated,

t~or

~

water

to the

ation

waters

a’

ce~~~o

and

cc

concentrations

---

~l5—

3)

Removal of water to diversions and

~~ro~riate

impoundments

as

soonasTh~sib1e

to minimize

additional

loadings

of

~

(Source:

Added

at

8

Ill,

Reg.

,

effective

Section 406.207

Control

of

Discharge

Waters

In considering

wheth

ano

erator

is

utilizing

practices

leadin9

to

control and treatment of waters discHare

rom

the site

containing eieva~~

eveTh~rtot~I

disso

ved

ds~~Iorideor

sulfate, theA~&n7~Tia11

consider the

extent to which

the

operator is utiliiing:

a)

Re2~ulationofdischarges when other

control methods

—

are~Thsufficientand chemical treatment

is economi—

~~T~f~ible,

~

1)

Regulating the flow

of

discharges

high in

~Wdi~olve~ôTPiTfi~cordance

with

fiuct

~T

ngonmntermi~

ETE~iT~T

~

ec6acent

ti

~n of

total

dissolved

so

rids

remains

within

estiETi~hed

water

quality

standards;

or

2)

Regulating the flow

or fluctuation of receiv—

i~ng

streams by~imely

discharge of water from

existing impoundments

which have suitable

discharge control structures.

b)

Rerouting

over economically feasible

distances,

-

invoivin~

collecting

discharges

and

conveying them

to

more

suitibae

discharge p6rnts,

such

as

large

~

receiving ~

(Source:

Added

at

8

111.

Reg.

effective

—

Section

406.208

Unconventional Practices

~on~derin

whether an

operator

is

Ut!

lizin

unconventional

pr~~~es~

re~ent

production

ordischar~evate

l~ve1s

of

total

disco

~ed

sofi~,

~hor~de

and

sii~fi?~the

~halicon~der

he

extart

v’hicht~perator is

utilizing:

---

—16—

a)

Diversion~

~

the

flow

~

a surface

or

underground

mine when it is

determined

by

t~himine

operator

to

~

eco

call

ref

erabIs

to

t

?ing

con

tammated

water after

it

passes through a mine,

b)

Dewatering practices that

remove

clean formation

water before contacting dissolved

solids—producing

materials,

including techni~ii~swhich

can

be

employed

to

tap nonpollu~

aguifers

in

order

to

reduce

the amount of

water

entering a

mine.

a

Any

additionalp~racticeswhich the

operator

demon-

strates

to be effective in reducing

levels

of

total

dissolved

solids,

chloride,

sulfate iron and

manganese

in

discharges.

(Source:

Added

at

8

Ill, Reg.

_______,

effective

Section

406.209

Expiration

of

Former

Exen~ptions

a)

Exemptions

from

the

water

q~4t

standards

granted

prior

to

the effective date

of

Section

406.203

shall continue until any of~i~~ollowing

events

occurs:

1)

Any State or NPDES permit for the facilit

~

or reissued

2)

Any State or NPDES permit for the

facilit

is

modified,

unless

the Agency

express

y

continues

the ~

~rah(b~

~

~

(b)

ex

ires

with no a

lication hav2n

been received

~4

~

permit

under

Section 406,203

or

5)

~

nan

1~81~

the

final

date

for continuation

of former exemptions.

b)

~

a plications for

review

pursuant

to

Section 40

.203 y~~yin~nivi4~a1

~tees

and setting a date

f

or ap

ication

not

less

than 15 months after

the

~date notice is

given.

58-546

---

—17—

c)

If an

appeal

to

the

Board is filed,

exemptions

~Ktinue

until the Board enters

a final order

disposing of the appeal.

(Source:

Added at

8 Iii. Reg.

_____,

effective

__________

58-547