OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 3

COALEX STATE INQUIRY REPORT - 340

April 1998

Tony Duplechin

Geologist Supervisor

Injection and Mining Division

Office of Conservation

P.O. Box 94275

Baton Rouge, Louisiana 70804-9275

TOPIC: 10-YEAR 24-HOUR PRECIPITATION EVENTS

INQUIRY: Both state and federal SMCRA regulations require sedimentation ponds be 

designed to treat or contain a 10-year 24-hour event. Has there been any policy 

developed, either by OSM or a state regulatory authority concerning intense, short 

rainfall events, such as having 25% of the 10-year 24-hour event fall in 30 minutes? 

SEARCH RESULTS: Research consisted of a survey of IMCC members and the use 

of COALEX and LEXIS. IMCC members who responded to the survey stated that they 

did not have a policy for intense short rainfall events. Three Interior administrative 

decisions were identified that provide OSM's opinions on exemptions to effluent 

limitations resulting from intense precipitation events. Also identified were two EPA and 

one OSM Federal Register preambles to relevant regulations. 

SURVEY RESULTS

IMCC member states were contacted via facsimiles. Those who responded to the 

survey stated that they had no policy regarding short term, intense rainfall events. All 

followed the SMCRA/EPA regulations. Illinois indicated that, as a result of problems that 

state experienced several years ago with such rainfall events, they considered making 

changes to their regulations; changes which would be made in conjunction with ILEPA. 

However, because the spring and summer storms bring heavy but isolated rainfall, 

Illinois determined that record keeping would be too difficult to maintain and monitoring 

too difficult to verify. Therefore, they have not gone forward with new rules to provide 

operators with exemptions for short intense rainfall events.

RESEARCH RESULTS

ISLAND CREEK COAL CO., 3 IBSMA 383, 88 I.D. 1122 (1981).
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 3

HEADNOTES: "Entitlement to an exemption from the application of effluent limitations 

to discharges from a sedimentation pond resulting from a precipitation event is 

conditioned on a demonstration that the sedimentation pond was constructed and has 

been maintained to contain or treat the volume of water which would run off into the 

pond during a 10-year 24-hour or greater precipitation event."

TURNER BROTHERS, INC. v OSM, IBLA 86-243 & 86-245, 103 IBLA 124 (1988).

Footnote 4: "An operator is not required to protect against all conceivable events which 

might cause surface drainage to leave a permit area, but is required to protect against a 

reasonable foreseeable range of events which are defined in the regulations as 

construction standards. Sedimentation ponds are required to contain or treat a 10-year 

24-hour precipitation event.... It would be incongruous to establish a standard requiring 

protection against a specific range of events, but then, when a diversion structure or 

sedimentation pond meeting the standards is breached or overflows, hold the operator 

responsible because it is assumed that there could be sufficient precipitation to allow 

surface water to reach the permit boundary. Such an assumption is tantamount to 

establishing a standard under which every operator is in continual violation of the 

regulation because, whatever the design and construction of a diversion structure or 

sedimentation pond, assuming sufficient rainfall, there could be a breach or overflow 

and water would flow off the permit area."

TENNESSEE CONSOLIDATED COAL CO. v OSM, IBLA 95-81, 141 IBLA 105 (1997).

HEADNOTES: "The statement best technology currently available' in 30 C.F.R. sec. 

816.45(a) does not impose strict liability upon an operator. An operator is not required to 

protect against all conceivable events which might cause surface drainage to leave a 

permit area, but is required to protect against a reasonable foreseeable range of events 

which are defined in the regulations as construction standards. The reasonable 

foreseeable standard for design intended to protect against flooding and resultant 

damage to life and property has been clearly stated in 30 C.F.R. sec. 816.43(c)(3)."

50 FR 41296 (OCTOBER 9, 1985). Coal Mining Point Source Category: Effluent 

Limitations Guidelines and New Source Performance Standards. EPA: 40 CFR 

Part 434. Final Rule.

The preamble to the final rule discusses "controlled surface mine drainage", noncontrolled surface mine drainage", "alternate precipitation limitations", etc.

47 FR 45382 (OCTOBER 13, 1982). Coal Mining Point Source Category: Effluent 

Limitations Guidelines for Existing Sources and Standards of Performance for 

New Sources. EPA: 40 CFR Part 434. Final Rule.

This is enclosed for background.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 3 of 3

59 FR 53022 (OCTOBER 20, 1994). Surface Coal Mining and Reclamation 

Operations; Permanent Regulatory Program; Performance Standards; Permanent 

and Temporary Impoundments. Final Rule.

This, also, is enclosed for background.

ATTACHMENTS

A. ISLAND CREEK COAL CO., 3 IBSMA 383, 88 I.D. 1122 (1981). 

B. TURNER BROTHERS, INC. v OSM, IBLA 86-243 & 86-245, 103 IBLA 124 

(1988). 

C. TENNESSEE CONSOLIDATED COAL CO. v OSM, IBLA 95-81, 141 IBLA 105 

(1997). 

D. 50 FR 41296 (OCTOBER 9, 1985). Coal Mining Point Source Category: Effluent 

Limitations Guidelines and New Source Performance Standards. EPA: 40 CFR 

Part 434. Final Rule. 

E. 47 FR 45382 (OCTOBER 13, 1982). Coal Mining Point Source Category: Effluent 

Limitations Guidelines for Existing Sources and Standards of Performance for 

New Sources. EPA: 40 CFR Part 434. Final Rule. 

F. 59 FR 53022 (OCTOBER 20, 1994). Surface Coal Mining and Reclamation

Operations; Permanent Regulatory Program; Performance Standards; 

Permanent and Temporary Impoundments. Final Rule.