OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 4

COALEX STATE INQUIRY REPORT - 111 

October 23, 1989 

Christine Stein-Koenig, Esquire 

Maryland Department of the Environment 

Office of the Attorney General 

2500 Broening Highway 

Baltimore, Maryland 21224 

TOPICS: 

I. TERMINATION OF JURISDICTION 

II. WETLAND TREATMENT OF ACID MINE DRAINAGE 

III. ACID MINE DRAINAGE OFF THE PERMIT AREA 

INQUIRIES: 

I. When does the state's authority over a surface mining operation end? After release of the 

reclamation bond? 

II. What information is available on the use of wetland filters as a means of treating acid 

mine drainage? 

III. Are there any Interior Office of Hearings and Appeals (OHA) decisions on acid mine 

water draining beyond the permit boundary? 

SEARCH RESULTS: Research was conducted using the COALEX Library, as well as other 

legal, administrative and published materials in LEXIS. Items identified during the research are 

discussed below. Copies are attached. 

I TERMINATION OF JURISDICTION: 30 CFR Sec. 700.11(d). 

On November 2, 1988, OSM issued a final rule clarifying "the circumstances whereby a 

regulatory authority may terminate regulatory jurisdiction under a regulatory program" approved 

under SMCRA (53 FR 44356). As described in the preamble: 

"This final rule requires the regulatory authority either to make a written determination that the 

permittee has met all reclamation requirements, or to decide to release fully a permanent 

program performance bond before regulatory jurisdiction over the reclaimed site of a completed 

surface coal mining and reclamation operation, or increment thereof, or of a coal exploration can 

be terminated."

"The regulatory authority is vested with the authority to determine that reclamation has been 

completed." 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 4

"An operator's obligations...and regulatory authority jurisdiction...simultaneously terminate at the 

time of proper final bond release...because the period of extended responsibility will have run, all 

reclamation obligations will have been met successfully and, by definition in the statute, as 

surface mining and reclamation operation no longer exists. Liability...for a failure of reclamation, 

however, may be subject of a Secretarial or regulatory authority inquiry or a civil suit...[A] 

regulatory authority will be required to reassert jurisdiction if it can be shown that the bond 

release was based upon fraud, collusion, or any other misrepresentation of a material fact at the 

time of bond release." 

II WETLANDS TREATMENT OF ACID MINE DRAINAGE.

DIRECTIVE: "Use of Wetland Treatment Systems for Coal Mine Drainage", Transmittal 

No. 468, Subject No. TSR-10 (September 8, 1988).

 This directive established guidelines for the use of wetlands.

1. Wetland treatment system is defined as: "A passive biological effluent treatment system 

consisting of a shallow depression or impoundment or series of such depressions or 

impoundments designed and constructed to support hydrophilic vegetation for the 

purpose of removing dissolved metals [and] otherwise improving discharge quality." 

2. These "dynamic organic systems" can be a "low-cost means of treating acid mine 

drainage"; however, their effectiveness is "highly dependent on maintenance of 

controlled inflow volumes and velocities, circulation patterns and water depth...In 

addition, the capacity of any wetland for removal of dissolved metals may be finite." 

3. A wetlands treatment system "must be supported by an operable chemical or other 

conventional treatment system" which can be activated in the event that the wetlands 

system cannot "adequately treat the discharge". 

45 FR 49872 (JULY 25, 1980) and EXECUTIVE ORDER NO. 11990, 42 FR 26961 (MAY 

25, 1977).

 Both of these documents focus on the protection of existing wetlands.

ARTICLES FROM COAL AND RELATED PUBLICATIONS

Chironis, "Mine-Built Ponds Economically Clear Acid Mine Waters", Coal Age, Jan., 1987, at 

58.

"New studies show that properly designed and constructed wetlands outfitted with cattails and 

other marsh plants can efficiently and inexpensively treat discharges of acid mine water." 

"Nature Treats Tainted Runoff", Engineering News-Record, Sept. 17, 1987, at 26.

"[T]he Tennessee Valley Authority is creating larger projects to microbiologically treat seepage 

from ash generated by its coal-fired powerplants."
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 3 of 4

"Moss Tested to Remove Manganese from Mine Drainage", Coal Age, Sept., 1984, at 28. 

 John Burris, a researcher at Pennsylvania State University, is experimenting with the use of 

sphagnum moss in settling ponds to remove manganese and iron from mine water discharges.

Chironis, "R & D Aims at Safer, Faster Mining", Coal Age, Feb., 1984, at 60.

"The Bureau of Mines' [research and development] programs will pay off well in 1984 with 

practical innovations. But the bureau is being restricted to more basic research."

"Build Your Own Bog to Neutralize Acid Mine Drainage", Coal Age, June, 1983, at 77.

 Gerald Lang and R. Kelman Wieder, researchers at West Virginia University, are seeking "an 

expensive way to neutralize acid-laced water from coal mines."

"Use of Wetlands May Solve Acid Mine Drainage Problem", Coal Week, Nov. 22, 1982, at 3.

 Gerald Lang was awarded a grant to "examine the use of natural and artificial freshwater 

wetlands in controlling acid mine drainage."

"Stopping Acid Mine Drainage", Chemical Engineering, Nov. 1., 1982, at 35.

"Bacteria and chemicals are featured in new methods for checking water pollution caused by 

drainage from coal mines in Pennsylvania, Ohio and West Virginia."

III ACID MINE DRAINAGE OFF THE PERMIT AREA

BLACK FOX MINING & DEVELOPMENT CORP., 2 IBSMA 110, IBSMA 80-28 (June 6, 

1980) and 

BLACK FOX MINING & DEVELOPMENT CORP. v OSM, Docket No. CH 9-172-R (Jan. 

28, 1980).

 The Interior Board of Surface Mining and Reclamation Appeals affirmed the Administrative 

Law Judge's finding that OSM had shown that "surface drainage left the permit area."

[NOTE: Additional information on "mining off the permit area" may be found in State Inquiry 

Reports 105 ("Bond forfeiture - relationship of bond to permitted area") and 102 ("Forfeiture of 

reclamation bonds; liability period").]

ATTACHMENTS

A. 53 FR 44356 (NOVEMBER 2, 1988). 

B. DIRECTIVE, "Use of Wetland Treatment Systems for Coal Mine Drainage", Transmittal 

No. 468, Subject No. TSR-10 (September 8, 1988). 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 4 of 4

C. 45 FR 49872 (JULY 25, 1980). 

D. EXECUTIVE ORDER NO. 11990, 42 FR 26961 (MAY 25, 1977). 

E. Chironis, "Mine-Built Ponds Economically Clear Acid Mine Waters", Coal Age, Jan., 

1987, at 58. 

F. "Nature Treats Tainted Runoff", Engineering News-Record, Sept. 17, 1987, at 26. 

G. "Moss Tested to Remove Manganese from Mine Drainage", Coal Age, Sept., 1984, at 28. 

H. Chironis, "R & D Aims at Safer, Faster Mining", Coal Age, Feb., 1984, at 60. 

I. "Build Your Own Bog to Neutralize Acid Mine Drainage", Coal Age, June, 1983, at 77. 

J. "Use of Wetlands May Solve Acid Mine Drainage Problem", Coal Week, Nov. 22, 1982, 

at 3. 

K. "Stopping Acid Mine Drainage", Chemical Engineering, Nov. 1., 1982, at 35. 

L. BLACK FOX MINING & DEVELOPMENT CORP., 2 IBSMA 110, IBSMA 80-28 

(June 6, 1980). 

M. BLACK FOX MINING & DEVELOPMENT CORP. v OSM, Docket No. CH 9-172-R 

(Jan. 28, 1980).