Regulatory Requirements

for

Water Management at Surface Coal Mines

National Mining Association

Presentation for the Environmental Protection Agency February 5, 2014

SMCRA (Surface Mining Control 

and Reclamation Act) rules require 

sedimentation ponds for all disturbed 

areas on surface coal mines 

30CFR §816.46 Administered by the Office of Surface

Mining and the states

CWA (Clean Water Act) rules 

contain effluent limits for discharges 

from surface coal mines 

(40CFR §434 administered by EPA and the states)

These two rules, combined, assure that 

water from disturbed areas at surface 

coal mines is controlled through designed 

pond structures and discharges meet 

effluent limits .
Disturbed area (coal mining)

Undisturbed area (coal mining)

Sedimentation ponds required by SMCRA are constructed at the edge of disturbed 

areas to contain runoff. Water is released from the ponds down its natural drainage 

only when it meets CWA NPDES effluent limits.
Sedimentation ponds have 

different sizes and shapes, 

depending on watershed size and 

landscape characteristics. Some 

have drawdown valves, some 

must be pumped, and some are 

designed as decant or “flowthrough” systems.

Ponds are sized and managed to 

contain stormwater runoff from a 

prescribed storm event. All 

sedimentation ponds must be 

designed and certified by a 

registered professional engineer, 

and approved by the state SMCRA 

permitting authority or OSM.
Disturbed area being mined – runoff controlled by sedimentation ponds, subject to 

NPDES numeric effluent limits

Haul road across undisturbed land– runoff 

controlled by BMP’s (no point discharges for 

sampling), subject to OSM erosion control 

requirements AND NPDES stormwater rules

OSM’s rules specifically exempt roads and small 

miscellaneous areas from the sedimentation pond 

requirement because of the impracticality of constructing 

sedimentation ponds for these areas (ponds would 

negatively impact road integrity, compromise miner safety, 

and increase land disturbance significantly). But these 

areas are still subject to non-numeric erosion control 

requirements in SMCRA rules.
Almost all areas on surface coal mines drain to sedimentation ponds and discharges must meet numeric limits. Much 

smaller areas, such as entrance roads, roads connecting mine areas, and miscellaneous small stockpile and storage areas, 

are subject to separate stormwater rules following agency approval. Some mines have two permits, one for point source 

discharges and one for stormwater, others have the conditions combined into one permit.

Mine areas controlled by sedimentation ponds, 

subject to numeric limits in NPDES permit

Haul roads subject to storm water 

rules (BMP’s installed, maintained 

& inspected) and OSM erosion 

control requirements

1 mile
Surface coal mines use several different 

techniques for erosion control, where 

sedimentation ponds cannot be constructed, 

to meet both OSM & EPA requirements.
Surface coal mine operators effectively control erosion through the 

control of runoff in order to meet stormwater rules and mining 

permit requirements.
Regulatory Requirements for Water Management at Surface Coal Mines

Summary

• OSM and EPA (and primacy states), through SMCRA and the CWA, overlap in 

regulation of surface water quality from surface coal mines

• Runoff from almost all areas affected at surface coal mines is required to pass 

through designed sedimentation ponds (SMCRA) and must meet numeric limits 

when leaving the mine site (CWA)

• OSM specifically exempted certain areas from the sedimentation pond 

requirement, such as roads, where pond construction is not practical

• Because exempted areas do not flow though discharge points, runoff flow samples 

cannot be reasonably taken for numeric water quality analyses

• Exempted areas must still meet non-numeric erosion control standards by OSM, 

and also are subject to stormwater rules under the CWA

• Conditions and requirements for stormwater controls are described in the NPDES 

stormwater permit – many are duplicated in the operator’s SMCRA permit

• Surface coal mines can control erosion and runoff from their own construction, but 

may have no control over water quality for flows from upstream watersheds that 

flow under their roads, through culverts or crossings