New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2010 - HYDROLOGIC BALANCE: WATER QUALITY STANDARDS AND EFFLUENT LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Treatment of
				disturbed area surface flow.
(1) With the
				exception of surface flow leaving the disturbed area with respect to which area
				the operator has complied with the requirements of 19.8.20.2009 NMAC, all
				surface flow that leaves the disturbed area shall be passed through a
				sedimentation pond or series of sedimentation ponds or other treatment
				facilities before leaving the permit area. Any discharge of water from
				underground workings to surface waters which does not meet the effluent
				limitations of 19.8.20 NMAC shall also be passed through a sedimentation pond,
				a series of sedimentation ponds, or a treatment facility before leaving the
				permit area.
(2) Sedimentation
				ponds and other treatment facilities shall be maintained until the disturbed
				area has been regraded and erosion on the regraded area has been
				controlled.
(3) Sedimentation ponds
				and treatment facilities for discharges from underground workings shall be
				maintained until either the discharge continuously meets the effluent
				limitations of 19.8.20 NMAC without treatment or until the discharge has
				permanently ceased.
(4) The
				director may grant exemptions from these requirements only when:
(a) the disturbed drainage area within the
				total disturbed area is small; and
(b) the person who conducts the surface coal
				mining operations demonstrates that sedimentation ponds and treatment
				facilities are not necessary for drainage from the disturbed drainage areas to
				meet the effluent limitations in Paragraph (8) of Subsection A of 19.8.20.2010
				NMAC and the applicable state and federal water quality standards for
				downstream and receiving waters.
(5) For the purposes of 19.8.20 NMAC only,
				disturbed area shall not include those areas in which only diversion ditches,
				sedimentation ponds, or roads are installed in accordance with 19.8.20 NMAC and
				the upstream area is not otherwise disturbed by the person who conducts the
				surface coal mining operations.
(6) Sedimentation ponds required by 19.8.20
				NMAC shall be constructed in accordance with 19.8.20.2014 NMAC in appropriate
				locations before beginning any surface coal mining operations in the drainage
				area to be affected.
(7) Where the
				sedimentation pond or series of sedimentation ponds is used so as to result in
				the mixing of drainage from the disturbed areas with drainage from other areas
				not disturbed by current surface coal mining and reclamation operations, the
				permittee shall achieve the effluent limitations set forth below for all of the
				mixed drainage when it leaves the pond discharge point.
(8) Discharges of water from areas disturbed
				by surface mining activities and underground mining activities shall be made in
				compliance with all applicable state and federal water-quality laws and
				regulations and with the effluent limitations for coal mining promulgated by
				the U.S. environmental protection agency set forth in 40 CFR Part
				434.