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 19.8.36.41 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: PROTECTION OF THE HYDROLOGIC SYSTEM (717.17)

Current through Register Vol. 35, No. 13, July 16, 2024
The permittee shall plan and conduct underground coal mining
				  and reclamation operations to minimize disturbance of the prevailing hydrologic
				  balance in order to prevent long-term adverse changes in the hydrologic balance
				  that could result from underground coal mining operations, both on and off
				  site. Changes in water quality and quantity, in the depth to ground water, and
				  in the location of surface water drainage channels shall be minimized and
				  applicable Federal and State statutes and regulations shall not be violated.
				  The permittee shall conduct operations so as to minimize water pollution and
				  shall, where necessary, use treatment methods to control water pollution. The
				  permittee shall emphasize underground coal mining and reclamation practices
				  that will prevent or minimize water pollution and changes in flows in
				  preference to the use of water treatment facilities prior to discharge to
				  surface waters. Practices to control and minimize pollution include, but are
				  not limited to, diverting water from underground workings or preventing water
				  contact with acid or toxic-forming materials, and minimizing water contact time
				  with waste materials, maintaining mine barriers to enhance postmining
				  inundation and sealing, establishing disturbed areas through grading, diverting
				  runoff, achieving quick growing stands of temporary vegetation, and lining
				  drainage channels. If treatment is required to eliminate pollution of surface
				  or ground waters, the permittee shall operate and maintain the necessary water
				  treatment facilities as set forth in this section.4
					 (4The standards in Section 717.17(a) 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. Water quality standards and effluent
				limitations. All surface drainage from the disturbed areas, including disturbed
				areas that have been graded, seeded or planted and which remain subject to the
				requirements of this section, except for drainage from disturbed areas that
				have met the requirements of Section 717.20 shall be passed through a
				sedimentation pond or a series of sedimentation ponds prior to leaving the
				permit area. All waters which flow or are removed from underground operations
				or underground waters which are removed from other areas to facilitate mining
				and which discharge to surface waters must be passed through appropriate
				treatment facilities prior to discharge where necessary to meet effluent
				limitations. For purposes of this section only, disturbed areas shall include
				areas of surface operations but 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
				permitee. Disturbed areas shall not include those surface areas overlying the
				underground working unless those areas are also disturbed by surface operations
				such as fill (disposal) areas, support facilities areas or other major
				activities which create a risk of pollution. 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 effluent limitations of this paragraph and to
				maintain water quality in downstream receiving waters. Sedimentation ponds
				required by this paragraph shall be constructed in accordance with Paragraph
				(e) [now Subsection E of 19.8.36.41 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 underground operation and by surface
				operation and reclamation activities conducted thereon, must meet all
				applicable federal and state regulations and, at a minimum, the following
				numerical effluent limitations:
EFFLUENT LIMITATIONS IN MILLIGRAMS PER LITER
mg/l, Except For pH
_________________________________________________________________________________________
Average of daily values for 30
Effluent characteristics Maximum
				  Allowable1 consecutive discharge
				  days1
_________________________________________________________________________________________
Iron, total _ _ _ _ _ _ _ 7.0 3.5
Manganese, total _ _ _ 4.0 2.0
Total suspended solids pH2 70.0
				  35.0
Within the range 6.0 to 9.0 _ _ _ _ _ _ _ _ _ _ _ _
_________________________________________________________________________________________
1 Based on representative
				  sampling.
2 Where the application 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 the 10-year
				24-hour frequency event will not be subject to the effluent limitations of
				paragraph (a) [Subsection A of 19.8.36.41 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 regulations or the limitations
				of Paragraph (a) [now Subsection A of 19.8.36.41 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 that small and infrequent treatment requirements to meet
				applicable standards do not necessitate use of an automatic neutralization
				process, and the mine normally produces less than 500 tons of coal per day, the
				regulatory authority can approve the use of a manual system if the permittee
				agrees to ensure that consistent and timely treatment is carried out.