30 CFR 816.42 - What Clean Water Act requirements apply to discharges from my operation?

§ 816.42 What Clean Water Act requirements apply to discharges from my operation?

(a) Nothing in this section, nor any action taken pursuant to this section, supersedes or modifies -

(1) The authority or jurisdiction of federal, state, or tribal agencies responsible for administration, implementation, and enforcement of the Clean Water Act, 33 U.S.C. 1251et seq.; or

(2) The decisions that those agencies make under the authority of the Clean Water Act, 33 U.S.C. 1251et seq., including decisions on whether a particular set of facts constitutes a violation of the Clean Water Act.

(b) Discharges of water from surface mining activities and from areas disturbed by surface mining activities must -

(1) Be made in compliance with all applicable water quality laws and regulations, including the effluent limitations established in the National Pollutant Discharge Elimination System permit for the operation under section 402 of the Clean Water Act, 33 U.S.C. 1342, or its state or tribal counterpart. The regulatory authority must notify the appropriate Clean Water Act authority whenever it takes action to enforce a permit condition required by § 773.17(i) of this chapter with respect to an effluent limitation in a National Pollutant Discharge Elimination System permit. The regulatory authority must initiate coordination with the Clean Water Act authority before taking enforcement action if coordination is needed to determine whether a violation of the National Pollutant Discharge Elimination System permit exists.

(2) Not cause or contribute to a violation of applicable water quality standards established under the authority of section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c), or other applicable state or tribal water quality standards.

(c) Discharges of overburden, coal mine waste, and other materials into waters subject to the jurisdiction of the Clean Water Act, 33 U.S.C. 1251et seq., must be made in compliance with section 404 of the Clean Water Act, 33 U.S.C. 1344, and its implementing regulations.

(d) The regulatory authority will coordinate an investigation with the appropriate Clean Water Act authority whenever information available to the regulatory authority indicates that mining activities may be causing or contributing to a violation of the water quality standards to which paragraph (b)(2) of this section refers, or to a violation of section 404 of the Clean Water Act, 33 U.S.C. 1344, and its implementing regulations. If, after coordination with the appropriate Clean Water Act authority, it is determined that mining activities are causing or contributing to a Clean Water Act violation, the regulatory authority must, in addition to any action taken by the appropriate Clean Water Act authority, independently take enforcement or other appropriate action to correct the cause of the violation.

(e) You must construct water treatment facilities for discharges from the operation as soon as the need for those facilities becomes evident.

(f)

(1) You must remove precipitates and otherwise maintain all water treatment facilities requiring the use of settling ponds or lagoons as necessary to maintain the functionality of those facilities.

(2) You must dispose of all precipitates removed from facilities under paragraph (f)(1) of this section either in an approved solid waste landfill or within the permit area in accordance with a plan approved by the regulatory authority.

(g) You must operate and maintain water treatment facilities until the regulatory authority authorizes removal based upon monitoring data demonstrating that influent to the facilities meets all applicable effluent limitations without treatment and that discharges would not cause or contribute to a violation of applicable water quality standards established under the authority of section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c), or other applicable state or tribal water quality standards if left untreated.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 30 - MINERAL LANDS AND MINING

Title 30 published on 2015-10-21

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR Part 816 after this date.

  • 2016-12-20; vol. 81 # 244 - Tuesday, December 20, 2016
    1. 81 FR 93066 - Stream Protection Rule
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement
      Final rule.
      This rule is effective January 19, 2017.
      30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827