Mont. Admin. r. 17.24.645 - GROUND WATER MONITORING
(1) Ground water
levels, subsurface flow and storage characteristics, and the quality of ground water
must be monitored based on information gathered pursuant to ARM
17.24.304
and the monitoring program submitted pursuant to ARM
17.24.314
and in a manner approved by the department to determine the effects of strip or
underground mining operations on the recharge capacity of reclaimed lands and on the
quantity and quality of water in ground water systems in the permit and adjacent
areas. When operations may affect the ground water system, ground water levels and
ground water quality must be periodically monitored using wells that can adequately
reflect changes in ground water quantity and quality resulting from such operations.
The information must be submitted to the department in a format approved by the
department.
(2) Monitoring must:
(a) include the measurement of the quantity and
quality of water in all disturbed or potentially affected geologic strata within and
adjacent to the permit area. Affected strata are all those adjacent to or physically
disturbed by mining disturbance and any aquifers below the base of the spoils that
could receive water from or discharge water to the spoils. Monitoring must be of
sufficient frequency and extent to adequately identify changes in ground water
quantity and quality resulting from mining operations; and
(b) be adequate to plan for modification of strip
or underground mining operations, if necessary, to minimize disturbance of the
prevailing hydrologic balance.
(3) The department may require the permittee to
expand the ground water monitoring system whenever a significant impact to the
hydrologic balance of the permit and adjacent area is likely and the expanded
monitoring is needed to adequately monitor the ground water system. As specified and
approved by the department, additional observations and analyses, such as
infiltration tests and aquifer tests, must be undertaken by the permittee to
demonstrate compliance with this rule.
(4) Whenever an applicant demonstrates by the use
of the probable hydrologic consequences determination (see ARM 17.24.314) and other
available information that a particular water bearing stratum in the proposed permit
or adjacent areas does not have a significant role in maintaining the hydrologic
balance within the cumulative impact area, the department may waive monitoring of
that stratum.
(5) Ground water
monitoring must proceed through mining and continue until phase IV bond release. The
department may allow modification of the monitoring requirements, except those
required by the Montana pollutant discharge elimination system permit, including the
parameters covered and sampling frequency, if the operator or the department
demonstrates, using the monitoring data obtained under this rule, that:
(a)
(i) 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;
(ii) water quantity and
quality are suitable to support approved postmining land uses; and
(iii) the water rights of other users have been
protected or replaced;
(b)
monitoring is no longer necessary to achieve the purposes set forth in the
monitoring plan approved under this rule; or
(c) with regard to monitoring related to an
alluvial valley floor, monitoring of the essential hydrologic function of the
alluvial valley floor is ensured under the modified program.
(6) Methods of sample collection, preservation,
and sample analysis must be conducted in accordance with 40 CFR Part 136 titled
"Guidelines Establishing Test Procedures for the Analysis of Pollutants" (July 2015)
and the department's document titled "Department Circular DEQ-7, Montana Numeric
Water Quality Standards," effective month and year of this rule amendment edition.
Copies of Department Circular DEQ-7 are available at the Department of Environmental
Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, MT 59620-0901. Sampling and
analyses must include a quality assurance program acceptable to the
department.
(7) Whenever monitoring
reveals noncompliance with the permit, the Act, or the rules adopted thereunder, the
permittee shall immediately take steps to minimize adverse effects. Those steps
include, but are not limited to, accelerated or additional monitoring, abatement,
and warning of all persons whose health or safety is in imminent danger. The
permittee shall, within five days of discovery of noncompliance, notify the
department of noncompliance and remedial measures taken.
(8) Results of ground water monitoring activities
must be reported to the department semiannually, and all monitoring data must be
maintained on a current basis for inspection at the mine office. Any sample results
indicating a permit violation must be reported to the department within five days of
receipt of results.
Notes
AUTH: 82-4-205, MCA; IMP: 82-4-231, 82-4-232, MCA
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