N.M. Admin. Code § 19.8.20.2010 - HYDROLOGIC BALANCE: WATER QUALITY STANDARDS AND EFFLUENT LIMITATIONS
A. Treatment of
disturbed area surface flow.
(1) With the
exception of surface flow leaving the disturbed area with respect to which area
the operator has complied with the requirements of
19.8.20.2009 NMAC, all surface
flow that leaves the disturbed area shall be passed through a sedimentation
pond or series of sedimentation ponds or other treatment facilities before
leaving the permit area. Any discharge of water from underground workings to
surface waters which does not meet the effluent limitations of 19.8.20 NMAC
shall also be passed through a sedimentation pond, a series of sedimentation
ponds, or a treatment facility before leaving the permit area.
(2) Sedimentation ponds and other treatment
facilities shall be maintained until the disturbed area has been regraded and
erosion on the regraded area has been controlled.
(3) Sedimentation ponds and treatment
facilities for discharges from underground workings shall be maintained until
either the discharge continuously meets the effluent limitations of 19.8.20
NMAC without treatment or until the discharge has permanently ceased.
(4) The director may grant exemptions from
these requirements only when:
(a) the
disturbed drainage area within the total disturbed area is small; and
(b) the person who conducts the surface coal
mining operations demonstrates that sedimentation ponds and treatment
facilities are not necessary for drainage from the disturbed drainage areas to
meet the effluent limitations in Paragraph (8) of Subsection A of
19.8.20.2010 NMAC and the
applicable state and federal water quality standards for downstream and
receiving waters.
(5)
For the purposes of 19.8.20 NMAC only, disturbed area shall not include those
areas in which only diversion ditches, sedimentation ponds, or roads are
installed in accordance with 19.8.20 NMAC and the upstream area is not
otherwise disturbed by the person who conducts the surface coal mining
operations.
(6) Sedimentation
ponds required by 19.8.20 NMAC shall be constructed in accordance with
19.8.20.2014 NMAC in appropriate
locations before beginning any surface coal mining operations in the drainage
area to be affected.
(7) Where the
sedimentation pond or series of sedimentation ponds is used so as to result in
the mixing of drainage from the disturbed areas with drainage from other areas
not disturbed by current surface coal mining and reclamation operations, the
permittee shall achieve the effluent limitations set forth below for all of the
mixed drainage when it leaves the pond discharge point.
(8) Discharges of water from areas disturbed
by surface mining activities and underground mining activities shall be made in
compliance with all applicable state and federal water-quality laws and
regulations and with the effluent limitations for coal mining promulgated by
the U.S. environmental protection agency set forth in 40 CFR Part
434.
B. A discharge from
the disturbed areas is not subject to the effluent limitations of 19.8.20 NMAC,
if:
(1) the discharge is demonstrated by the
discharger to have resulted from a precipitation event equal to or larger than
a 10-year 24-hour precipitation event; and
(2) the discharge is from facilities
designed, constructed, and maintained in accordance with the requirements of
19.8.20 NMAC.
C. Adequate
facilities shall be installed, operated, and maintained to treat any water
discharged from the disturbed area so that it complies with all federal and
state laws and regulations and the limitations of 19.8.20 NMAC. If the pH of
water to be discharged from the disturbed area is less than 6.0, an automatic
lime feeder or other automatic neutralization process approved by the director
shall be installed, operated, and maintained. The director may authorize the
use of a manual system, if he finds that:
(1)
flow is infrequent and presents small and infrequent treatment requirements to
meet applicable standards which do not require use of an automatic
neutralization process; and
(2)
timely and consistent treatment is ensured.
Notes
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