New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.29 - GENERAL PERFORMANCE STANDARDS: WATER QUALITY STANDARDS AND EFFLUENT LIMITATIONS (715.17)(A)

Current through Register Vol. 35, No. 13, July 16, 2024
1The standards in this section
				  will be enjoined to the extent that they supersede, amend, repeal or modify the
				  provisions of the Federal Water Pollution Control Act and its
				  regulations.
A. All surface drainage
				from the disturbed area, including disturbed areas that have been graded,
				seeded, or planted, shall be passed through a sedimentation pond or a series of
				sedimentation ponds before leaving the permit area. Sedimentation ponds shall
				be retained until drainage from the disturbed area has met the water quality
				requirements of this section and the revegetation requirements of Section
				715.20 have been met. The regulatory authority may grant exemptions from this
				requirement only when the disturbed drainage area within the total disturbed
				area is small and if the permittee shows that sedimentation ponds are not
				necessary to meet the effluent limitations of this paragraph and to maintain
				water quality in downstream receiving waters. For purpose of this section only,
				disturbed area shall not include those areas in which only diversion ditches,
				sedimentation ponds, or roads are installed in accordance with this section and
				the upstream area is not otherwise disturbed by the permittee. Sedimentation
				ponds required by this paragraph shall be constructed in accordance with
				Paragraph (e) [now Subsection E of 19.8.36.29 NMAC] of this section in
				appropriate locations prior to any mining in the affected drainage area in
				order to control sedimentation or otherwise treat water in accordance with this
				paragraph. Discharges from areas disturbed by surface coal mining and
				reclamation operations must meet all applicable Federal and State laws and
				regulations and, at a minimum, the following numerical effluent limitations:
EFFLUENT LIMITATIONS IN MILLIGRAMS PER LITER
mg/1, Except For pH
__________________________________________________________________________________________
Average of
Daily values
Effluent Maximum for 30
Characteristics allowable1
				  consecutive
discharge days1
__________________________________________________________________________________________
Iron, total---------------- 7.0 3.5
Manganese, total----- 4.0 2.0
Total suspended solids 70.0 35.0
pH2 Within
				  the-------------------------------------------------
range 6.0 to 9.0.
1Based on representative
				  sampling.
2 Where the applications of
				  neutralization and sedimentation treatment technology results in inability to
				  comply with the manganese limitations set forth, the regulatory authority may
				  allow the pH level in the discharge to exceed to a small extent the upper limit
				  of 9.0 in order that the manganese limitations will be achieved.
_________________________________________________________________________________________
(1) Any overflow or other discharge of
				surface water from the disturbed area within the permit area demonstrated by
				the permittee to result from a precipitation event larger than a ten-year
				24-hour frequency event will not be subject to the effluent limitations of
				Paragraph (a) [now Subsection A of 19.8.36.29 NMAC].
(2) The permittee shall install, operate, and
				maintain adequate facilities to treat any water discharged from the disturbed
				area that violates applicable federal or state laws or regulations or the
				limitations of Paragraph (a) [now Subsection A of 19.8.36.29 NMAC]. If the pH
				of waters to be discharged from the disturbed area is normally less than 6.0,
				an automatic lime feeder or other neutralization process approved by the
				regulatory authority shall be installed, operated and maintained. If the
				regulatory authority finds (1) that small and infrequent treatment requirements
				to meet applicable standards do not necessitate use of an automatic
				neutralization process, and (2) that the mine normally produces less than 500
				tons of coal per day, then the regulatory authority may approve the use of a
				manual system if the permittee ensures consistent and timely
				treatment.