I , " 

U.S. DEPARTMENT OF THE INTERIOR SubjectNu.,ber: 

OFFICE OF SURFACE MINING 

RECLAMATION AND ENFORCEMENT 

DIRECTIVES SYSTEM 

Use of Wetland Treatment Systems for Coal Mine Drainage 

' ferruginous discharges from 

Title: Director 

1 use to treat 

and reclamation operations. 

2. SUMMARY OF CHANGES_ This directive has been revised and shortened in keeping with the 

directive reduction objectives of the National Performance Review and to correct minor inaccuracies and 

inconsistencies in the original version. There are no substantive changes. 

3. DEFOOTIONS. 

Wetland treatment system_ 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 hydrophytic vegetation for the purpose ofremoving dissolved metals and otherwise improving 

discharge quality. 

Ferruginous discharge. An iron containing discharge. 

4. POLICY/PROCEDURES. 

a_ Background_ 

Wetland treatment systems have sometimes proven useful in the treatment of acid or ferruginous 

discharges from mining operations, but their effectiveness is highly dependent on ambient temperature, 

circulation patterns, water depth, discharge characteristics, and maintenance of controlled inflow volumes 

and velocities_ Although maintenance requirements are far less frequent and intensive than most chemical 

or other conventional treatment systems, wetland treatment systems are not maintenance-free They have 

a finite capacity and may require periodic rehabilitation for effective operation. 

Sections SIS(b)(IO) and 5l6(b)(9) of the Surface :Mining Control and Reclamation Act of 1977 (SMCRA 

or the Act) and 30 CFR 816.41 and 817.41 require that surface coal · · and reclamation operations be 

conducted to minimize disturbances to the quality and quantity of 

mining and during reclamation. In 

addition, section and authority from I 
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accomplished and that the proposed operation has been designed to prevent material damage to 

the hydrologic balance outside the permit area. 

The regulations at 30 CFR 816/817.4l(a) specify that "mining and reclamation practices that 

minimize water pollution and changes in flow sha!l be used in preference to water treatment." 

Consistent with this approach, 30 CFR 8161817.41(b), (d), and (f) emphasize that groundwater 

and surface water quality must be protected by handling earth materials and runoff in a manner 

that minimizes the formation of acidic or toxic drainage. However, when treatment is 

unavoidable, 30 CFR 816/817.42 specifies that discharges must be made in compliance with 

applicable State and Federal water quality laws, regulations, and effluent limitations. Because of 

the operational limitations set forth in the first paragraph of this section, wetland treatment 

systems cannot reliably meet these requirements under all conditions. 

b. fQlkx 

(I) Wetland treatment systems may not be approved in lieu of proper handling 

of overburden and isolation of acid or toxic-forming materials 

(2) Since neither SMCRA nor the Federal regulations place limitations on the 

methodology used to treat acid or ferruginous discharges, OSM will neither promote nor 

discourage the use of constructed wetlands for treatment of mine drainage. 

(3) To ensure that mine discharges meet all applicable laws and regulations, 

any wetland treatment system used to treat acid or ferruginous discharges during excavation, coal 

removal, or backfilling must be supported by an operable chemical or other conventional 

treatment system that is capable of consistent operation under variable conditions and which can 

respond or be adjusted to respond rapidly to changes in discharge volume or quality. The permit 

must include a monitoring plan that will enable the prompt activation of chemical or other 

treatment in the event that the wetland system does not adequately treat the discharge. 

(4) Wetland treatment systems installed to treat discharges from backfilled and 

regraded areas need not be supported by operable conventional treatment systems, provided the 

permittee demonstrates that sudden changes in discharge volume or quality are unlikely. 

However, the permit must include a design for such a system, and the permittee must construct 

the wetland system in a manner that preserves his or her ability to inunediately install 

down-gradient effluent detention and conventional treatment facilities should the wetland system 

fail to achieve its purpose. 

(5) Tn accordance with 30 CFR 816.97(t) and 817.97(f) and OSM's wetlands 

protection policy (45 FR 49872-49874, ]uly 25, 1980), treatment systems must avoid the use or 

degradation of natural wetlands unless the applicant gains the approval of the appropriate 

agencies in accordance with all State and Federal requirements concerning wetlands protection. 

If the permittee gains approval for the use of natural wetlands, any required conventional 

treatment systems must be located down-gradient from the outlet of wetland treatment systems to 

facilitate treatment and minimize chemical disruption of the wetland. 
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(6) Unless wetland retention is compatible with the approved postmining land 

use, the reclamRtion plan must include a plan for wetland removal and reclamation consistent with 

the approved postmining land use and the requirements governing the disposal of acid and 

toxic-forming materialg_ 

c. Bond Release Considerations 

(I) General Principle. Section 519(c)(3) ofSMCRA and 30 CPR 800.40(c)(3) 

provide that no bond may be fully released until all reclamation requirements of the Act and the 

permit are fully met. For the reasons set forth in Part 4.a.ofthis directive, this requirement 

precludes the approval of applications for final bond release that rely on the use ofwetlaTKI 

treatment systems for permanent control of acid mine drainage. 

(2) Exceptjoo When the influent to a wetland treatment system would not 

cause a violation of State or Federal water quality laws or regulations if discharged directly, final 

bond release may be appropriate if the wetland treatment structure is approved as a permanent 

impoundment and is compatible with the postmining land use. 

d. Effect on Approved State Reirulatory Programs. 

Unless a State program contains approved statutes, regulations, or policies specifically addressing 

wetland treatment sy~tems, OSM will adhere to this directive's interpretations ofSMCRA and its 

implementing Federal regulations when conducting oversight of a State's implementation of the 

corresponding provisions of its approved regulatory program. Any interpretation of a State 

program to allow final bond release under conditions contrary to Part 4 c.ofthis directive would 

render that program less stringent than SMCRA and less effective than the Federal regulations_ 

5 REPORTING REQUJREMENTS. None. 

6. REFERENCES. 

a OSM Statement of Policy, "Floodplain Management and Wetlands Protedion" (45 

FR 49872-74, July 25, 1980)_ 

b. Exewtivc Order 11990, "Protection of Wetlands," May 24, 1977. 

7. EFFECT ON OTHER DOCUMENTS. Supersedes Directive TSR-10, "Use of Wetland 

Treatment Systems for Coal Mine Drainage," dated September 8, 1988_ 

8. EFFECTIVE DATE. Upon issuance_ 

9. CONTACT. Chief, Technology Development Staff, (202) 208-2866. 

10. KEYWORDS_ Acid mine drainage, bond release, oversight, pennit applications, 

discharge, State regulatory programs, treatment systems, wetlands_