11 Miss. Code. R. § 8-2.5-53-5333 - Hydrologic Balance: Surface- and Ground-Water Monitoring

(a) Ground-Water Monitoring

(1) Groundwater monitoring shall be conducted according to the ground-water monitoring plan approved under § 2719. The Permit Board may require additional monitoring when necessary.

(2) Groundwater monitoring data shall be submitted every 3 months to the Department or more frequently as prescribed by the Permit Board. 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, the operator provided for in §§ 2717 and 3125.

(3) Groundwater monitoring shall proceed through mining and continue during reclamation until bond release. The Permit Board may revise or modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this Paragraph, that:

(A) the operator 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 § 2719.

(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.

(b) Surface-Water Monitoring

(1) Surface-water monitoring shall be conducted according to the surface-water monitoring plan approved under § 2721. The Permit Board may require additional monitoring when necessary.

(2) Surface-water monitoring data shall be submitted every 3 months to the Department or more frequently as prescribed by the Permit Board under § 53-9-51. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance with the permit conditions, the operator shall promptly notify the Department and immediately take the actions provided for in §§ 2717 and 3125. The reporting requirements of this Paragraph do not exempt the operator from meeting any National Pollutant Discharge Elimination System (NPDES) reporting requirements.

(3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. The office may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and sampling frequency if the operator demonstrates, using the monitoring data obtained under this Paragraph, 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 postmining 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 Rule 25 of these regulations.

(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.

Notes

11 Miss. Code. R. § 8-2.5-53-5333