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 - 331

February 1995

Interstate Mining Compact Commission

459-B Carlisle Drive

Herndon, Virginia 20170

TOPIC: ACID MINE DRAINAGE/HYDROLOGIC BALANCE (Update of Report No. 192)

INQUIRY: Please update Report No. 192 

SEARCH RESULTS: The enclosed materials update COALEX STATE INQUIRY 

REPORT - 192, "Acid Mine Drainage" (1991).

REGULATORY HISTORY

55 FR 47430 (NOVEMBER 13, 1990). Proposed rule. Hydrologic balance.

Enclosed for background.

59 FR 28744 (JUNE 2, 1994). Proposed rule. Lands eligible for remining.

Due to the possibility of a remining operation unintentionally causing a sudden 

discharge of water releasing acid mine drainage, the operator applying for a remining 

permit must "identify the potential environmental and safety problems associated with 

the site, maximum impacts associated with these problems, and the probability for each 

type of problem to occur."

PENNSYLVANIA ADMINISTRATIVE CASES

AL HAMILTON CONTRACTING CO. v COMMONWEALTH OF PENN., DER, EHB 

Docket No. 85-392-W, 1991 Pa Envirn LEXIS 188 (1991). 

"Hamilton failed to demonstrate that it would prevent damage to the hydrologic 

balance". DER's expert witness concluded that there was a strong likelihood of acid 

mine drainage and that Hamilton's proposed treatment plan was insufficient to remedy 

the drainage problems. The Board ruled that the certainty requirement did not apply to 

the expert's opinions:
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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"The Department need not show that discharge of pollution will result; it will prevail if it 

shows that the potential for pollution exists."

C. W. BROWN COAL CO., INC. v COMMOWNEALTH OF PENN., DEPT. OF ENVTL. 

RESOURCES, 1991 Pa. Envirn. LEXIS 114, EHB Docket No. 83-159-G (1991).

A surface mine operator appealed compliance orders issued "for unauthorized 

discharges from its mine site causing degradation of a stream, pond, and springs and 

for failure to reclaim". DER's orders to treat the mine drainage and complete 

reclamation of the site were sustained:

"A mine operator is responsible for all mine drainage on its permitted area and is 

required to treat it in order to meet the applicable effluent limits, whether or not the mine 

drainage predated operation of the mine."

WEST VIRGINIA STATE AMD CASES

STATE OF WEST VIRGINIA EX REL. LAUREL MOUNTAIN/FELLOWSVILLE AREA 

CLEAN WATERSHED ASSN., INC. v CALLAGHAN, 418 SE 2d 580 (W VA 1992).

"[T]he Commissioner of the Division of Environmental Protection has a duty to utilize the 

proceeds from forfeited bonds to accomplish the completion of reclamation of affected 

lands of a surface mine."

STATE OF WEST VIRGINIA EX REL. WEST VIRGINIA HIGHLANDS 

CONSERVANCY, INC. v WEST VIRGINIA DIV. OF ENVTL. PROTECTION, 447 SE 2d 

920 (W VA 1994).

West Virginia DER "has a mandatory, nondiscretionary duty to utilize moneys from the 

Special Reclamation Fund...to treat acid mine drainage at bond forfeiture sites when the 

proceeds from forfeited bonds are less than the actual cost of reclamation."

"Whenever changes to laws or regulations that make up the approved State program 

are proposed by the State, the State shall immediately submit the proposed changes to 

the Director [of OSM] as an amendment. No such change to laws or regulations shall 

take effect for purposes of a State program until approved as an amendment."

ATTACHMENTS

A. COALEX STATE INQUIRY REPORT - 192 ,"Acid mine drainage" (1991). 

B. 55 FR 47430 (NOVEMBER 13, 1990). Proposed rule. Hydrologic balance. 

C. 59 FR 28744 (JUNE 2, 1994). Proposed rule. Lands eligible for remining. 

D. AL HAMILTON CONTRACTING CO. v COMMONWEALTH OF PENN., DER, 

EHB Docket No. 85-392-W, 1991 Pa Envirn LEXIS 188 (1991). 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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E. C. W. BROWN COAL CO., INC. v COMMONWEALTH OF PENN., DEPT. OF 

ENVTL. RESOURCES, 1991 Pa. Envirn. LEXIS 114, EHB Docket No. 83-159-G 

(1991). 

F. STATE OF WEST VIRGINIA EX REL. LAUREL MOUNTAIN/FELLOWSVILLE 

AREA CLEAN WATERSHED ASSN., INC. v CALLAGHAN, 418 SE 2d 580 (W 

VA 1992). 

G. STATE OF WEST VIRGINIA EX REL. WEST VIRGINIA HIGHLANDS 

CONSERVANCY, INC. v WEST VIRGINIA DIV. OF ENVTL. PROTECTION, 447 

SE 2d 920 (W VA 1994).