Section 785.19. Remining areas with pollution discharges

(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.

Historical Notes

Derived from VR480-03-19 § 785.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.