Section 312 IAC 25-6-23 - Surface mining; hydrologic balance; surface and ground water monitoringAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 23.
(a) This subsection establishes standards for maintaining the hydrologic balance of ground water as follows:(1) Ground water levels and the quality of ground water shall be monitored, through bond release, in a manner approved by the director according to the requirements of 312 IAC 25-4-31 to determine the effects of surface mining activities on the recharge capacity of reclaimed lands and on the quantity and quality of water in ground water systems in the permit and adjacent areas.(2) When surface mining activities may affect the ground water systems that serve as aquifers that significantly ensure the hydrologic balance of water use on or off the permit area, ground water levels and ground water quality shall be periodically monitored according to the requirements of 312 IAC 25-4-31. Monitoring shall include measurements from a sufficient number of wells and the mineralogical and chemical analyses of aquifer, overburden, and spoil that are adequate to reflect changes in ground water quantity and quality resulting from those activities. Monitoring shall be adequate to plan for modification of surface mining activities, if necessary, to minimize disturbance of the prevailing hydrologic balance.(3) The director may require additional tests and shall require the reporting of the results of these tests to demonstrate compliance with sections 21 through 22 of this rule and this section.(4) If the analysis of a ground water sample indicates noncompliance with a permit condition, the permittee must do the following: (A) Promptly notify the director.(B) Immediately take any action required by the reclamation plan or by a permit condition.(C) Minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit to include, but not be limited to: (i) accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;(ii) immediate implementation of measures necessary to mitigate the noncompliance; and(iii) as soon as practicable issue warning to any person whose health and safety is in imminent danger due to the noncompliance.(b) This subsection establishes standards for maintaining the hydrologic balance of surface water as follows: (1) Surface water monitoring, reporting, and record keeping shall be conducted through bond release, in accordance with the provisions of 312 IAC 25-4-32 and as specified in the effective National Pollutant Discharge Elimination System (NPDES) permit.(2) Copies of the monitoring reports and any noncompliance notifications shall be provided to the director concurrently with the submissions to the NPDES permit authority.(3) If the analysis of a surface water sample indicates noncompliance with any permit terms or conditions, the permittee must do the following: (A) Promptly notify the director.(B) Immediately take any action required by the reclamation plan or by a permit condition.(4) Equipment, structures, and other devices necessary to measure and sample accurately the quality and quantity of surface water discharges from the disturbed area shall be properly installed, maintained, and operated and shall be removed when no longer required.(5) In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under 312 IAC 25-4-47(b) and the following: (A) Surface water quality shall be protected by handling earth materials, ground water discharges, and run-off in a manner that accomplishes the following: (i) Minimizes the formation of acid or toxic drainage.(ii) Prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to stream flow outside the permit area.(iii) Otherwise prevents water pollution.(B) If drainage control, restabilization and revegetation of disturbed areas, diversion of run-off, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this section and section 13 of this rule, the operator shall use and maintain the necessary water treatment facilities or water quality controls.(6) Surface water quality and flow rates shall be protected by handling earth materials and run-off in accordance with the steps outlined in the plan approved under 312 IAC 25-4-47(b).(c) Water quality analysis and sampling shall be conducted according to the methodology in the latest edition of Standard Methods for the Examination of Water and Wastewater. Natural Resources Commission; 312 IAC 25-6-23; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3520, eff Dec 1, 2001; filed Apr 1, 2004, 3:00 p.m.: 27 IR 2461, eff Jan 1, 2005; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA