Section 096-200-5-22 - Monitoring and Reporting RequirementsA. The Permittee shall conduct monitoring in accordance with this Chapter, the mining permit, and the Act. The Applicant shall prepare an integrated environmental monitoring plan for the site. (1) The plan detailing how the Applicant proposes to comply with this section must be submitted with the application and will be reviewed and approved by the Department as part of the application. All sample collection and analysis conducted under the monitoring program must specify sampling frequencies, procedures and techniques for sample collection, sample preservation and shipment, sample data sheets, analytical procedures and detection limits, chain-of-custody control, data validation and reporting methods, sampling and analytical quality assurance, quality control procedures, and include a description of sampling locations, a sampling location map, dates of sample collection, and other information determined to be necessary by the Department. The monitoring plan must be prepared by a qualified professional.(2) Parameters analyzed from any samples at each monitoring point shall be based on the potential threat from the mine, mine waste or designated chemical materials used on the site, the transformation and degradation products of those materials as well as general indicator parameters of contamination associated with a release of those materials.(3) Baseline conditions specific to each monitoring location and parameter identified in the monitoring plan must be established such that a statistically significant change from baseline conditions indicative of declining water quality, or other evidence of adverse environmental impact may be identified in the compliance monitoring dataset.(4) All monitoring data shall be submitted to the Department in an electronic format prescribed by the Department.B. The monitoring plan must include the following elements: (1) Groundwater. The following groundwater monitoring criteria apply to all mining operations: (a) The monitoring system must have a sufficient number of groundwater wells, at appropriate depths and locations, to detect contamination of groundwater. Downgradient monitoring wells must be placed as close to all mining operations as practicable, but in no case greater than 100 feet away, unless placing additional wells at a greater distance enhances the ability to detect a release from the site as determined by the Department. In such a case, the Department may require the placement of additional monitoring wells more than 100 feet from the mining operations. (i) The points to be monitored for compliance with the groundwater standards for the purposes of determining contamination pursuant to 38 M.R.S. §490-MM(5) and subsection 2(BB) of this Chapter are the downgradient boundaries of all mining operations as they exist at the time any sample is collected. Areas of the site proposed and approved for future use or stripped of topsoil and vegetation and graded or otherwise prepared for future construction are not considered mining operations for the purposes of compliance with this standard. Establishment of additional monitoring locations and abandonment of wells and other monitoring locations, in accordance with procedures described in this Chapter, may be required, and applicants should design monitoring networks with this in mind. Any new monitoring location to be used as a compliance point must be established to allow collection of at least one year of data prior to its becoming a compliance point; NOTE: The Department will consider the phasing of operations in determining the location of compliance monitoring wells.
(ii) The Department may require groundwater monitoring within any mining area as defined at 38 M.R.S. §490-MM(12) if the Department determines such monitoring to be necessary to assess the performance of pollution control measures or the potential for contamination as defined at 38 M.R.S.490-MM(5) and section 2(BB) of this Chapter outside any mining area;(iii) The Department may require groundwater monitoring at any location to determine the potential for groundwater discharges to surface waters that would cause or contribute to nonattainment of applicable water quality criteria. Failure of groundwater to meet applicable water quality criteria at points of baseflow discharge constitutes contamination as defined at 38 M.R.S. §490-MM(5) and section 2(BB) of this Chapter; and(iv) The Department may require groundwater monitoring within any mining area as defined at 38 M.R.S. §490-OO(4)(D) for the purpose of that subsection if the Department determines such monitoring to be necessary to assess compliance with the standards established in 38 M.R.S. §490-OO(4)(D) and this Chapter.(b) Background groundwater quality monitoring well(s) must be established in an area or areas unaffected by mining operations and hydrologically upgradient of the mining areas to be monitored. Background groundwater quality may be measured at wells that are not upgradient of mining operations if those locations are determined to be representative by the Department;(c) Wells must be cased to maintain the integrity of the bore hole. Casing must be screened or perforated and the annular space packed with gravel or sand, where necessary, to enable collection of samples. Any annular space above the sampling depth must be sealed to prevent contamination of samples and groundwater;(d) Design, location, installation, development, and decommissioning of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices require review and approval by the Department prior to action by the Applicant and must be documented in the Mining and Reclamation Reports required pursuant to section 26(B) of this Chapter;(e) Monitoring wells, piezometers, and other measurement sampling, and analytical devices must be operated and maintained so that they conform to design specifications throughout the life of the monitoring program;(f) The number, spacing, location and depths of monitoring wells and other instruments must be proposed by the Applicant and must be approved by the Department prior to installation. The Department may require additional monitoring wells or other instruments it determines to be necessary. The Applicant shall consider the following in its monitoring system design:(i) Characterization of saturated and unsaturated geologic units and fill materials overlying and underlying the uppermost aquifer including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities, and porosities; and(ii) Characterization of the uppermost aquifer including, but not limited to, the thickness, flow rate, and flow direction.(g) Parameters for which the Applicant must monitor include, but are not limited to, those for which groundwater performance requirements are established. Changes in parameters to be monitored may be made as determined by the Department;(h) Monitoring for all parameters except specific conductance and pH must take place at least quarterly during the life of the mine, including any post-closure maintenance period or more frequently if determined to be necessary by the Department. Less frequent monitoring may be performed as approved by the Department. The monitoring results must be submitted to the Department within 10 days of the end of each quarter in a format approved by the Department;(i) The Department may require continuous monitoring of certain parameters including, but not limited to, specific conductance and pH, in groundwater seepage and other seepage to lagoon underdrains, drains of impoundment structures, or similar engineered facilities, in natural geologic features with high conductivity, or other locations as determined necessary by the Department. Continuous monitoring results exceeding any established parameter threshold must be submitted electronically to the Department within 24 hours in a format prescribed by the Department; and(j) Any revisions to the plan are subject to review and approval by the Department.(2) Surface Water and Sediments (a) The Applicant shall establish a surface water monitoring system that is capable of detecting direct or indirect discharges to surface waters from mining operations, including, but not limited to, discharges licensed under 38 M.R.S. §413, of any parameter for which a performance requirement has been established or indicator parameters as determined to be necessary by the Department. This system must be capable of detecting any exceedance of performance requirements and violations of water quality standards and criteria pursuant to 38 M.R.S. §§ 464-469.(b) The Applicant shall establish a sediment monitoring system capable of detecting accumulations of pollutants in sediments within water bodies affected by mining operations.(c) Surface water and sediment monitoring programs are subject to review and approval of the Department and must, at a minimum, meet the following criteria: (i) Provision for surface water and sediment monitoring to determine background levels in the receiving water. Background samples must be collected as close in time as possible to the collection of samples at the monitoring points; and(ii) For the surface water and sediment monitoring program, specification of the monitoring frequencies for each parameter and media. Monthly monitoring is required for all monitored parameters in surface water, except that continuous monitoring is required for certain parameters including, but not limited to, water depth, specific conductance, pH, temperature, and dissolved oxygen. Sediments must be monitored at least annually. The Department shall determine which additional parameters require continuous monitoring. Monthly monitoring results shall be submitted within 10 days of the end of each monitoring period. Continuous monitoring results exceeding any established parameter threshold shall be submitted electronically to the Department within 24 hours in a format prescribed by the Department.(3) Hydrology. Hydrology of the mining areas and affected areas must be monitored where mining activities have reasonable potential for measurable impact on surface water and groundwater.(4) Biological Resources. Biological resources of the background locations, all mining areas and affected areas shall be monitored where mining activities have a reasonable potential for measurable impact to these resources. This monitoring must include analyses of fish tissue, fish population, invertebrate population and abundance, and any other measure of ecological health determined to be necessary by the Department.(5) Mining operations. The Department may require collection of samples for analysis and other monitoring procedures at certain structures on the site including, but not limited to, lagoon underdrains, leachate collection systems, and impoundment drains.(6) Initiation of Monitoring. Monitoring, except baseline monitoring activities, must start at the time when extraction or removal of metallic minerals, overburden or mine waste is initiated pursuant to an advanced exploration or mining permit.(7) Duration of monitoring. Unless the Department determines that a reduction or cessation is appropriate, monitoring must continue for at least 30 years after closure of the mine subject to the following conditions:(a) If the mining-related activity or disturbance resulting in the reasonable potential for measurable impact has ceased and the results from post-closure monitoring confirm that there is no significant potential for future impact resulting from the mining operation, the monitoring period may be reduced or terminated.(b) If the mining-related activity or disturbance has ceased and the resulting impacts have been reclaimed or mitigated in conformance with mining permit conditions and the results from post-closure monitoring confirm that there is no significant potential for future impact resulting from the mining operation and that the implemented reclamation or mitigation measures are self-sustaining, the monitoring period may be reduced or terminated.(c) The Permittee may provide the Department a written request to terminate all or specific aspects of monitoring not less than 18 months before the proposed termination date and, if such a request is made, must provide supporting data and information demonstrating that the conditions required to terminate monitoring have been achieved. The Department may reduce the 18-month notification requirement on a case-by-case basis.(d) The Department may reduce the default 30-year post-closure monitoring period at any time upon determining that there is a reasonable assurance of no significant potential for environmental, natural resource, public health and safety, and/or property damage impacts resulting from the mining operation and that implemented reclamation or mitigation measures are self-sustaining.(e) The Department shall extend the post-closure monitoring period in increments of up to 20 years for all or specific aspects of monitoring unless the Department determines, approximately 1 year before the end of a post-closure monitoring period or post-closure incremental increase to the monitoring period, that there is a reasonable assurance of no significant potential for environmental, natural resource, public health and safety, and/or property damage impacts resulting from the mining operations and that implemented reclamation or mitigation measures are self-sustaining.(8) Methods. Monitoring methods, parameters, frequencies and locations will be reviewed and are subject to approval by the Department and must be sufficient to verify that potential and actual mining-related impacts, including those identified in the environmental impact assessment, are avoided, or where unavoidable are adequately minimized, compensated for, or mitigated and that reclamation is effective and complete and self-sustaining as specified in the mining permit application documents, and required by the Act, this Chapter and the mining permit.(9) Reference location. At least one reference monitoring location must be established outside of each mining area and the affected area with the purpose of providing data relevant to nonmine related influences on monitored parameters and conditions.(10) Exceedances. The Applicant shall propose to the Department for approval, as part of the permit application, levels indicative of statistically significant change from baseline conditions for each parameter at each monitoring point, and where appropriate, for specific time periods such as hydrologic season. The Department may accept these for use or require different levels, limits, or other performance criteria, based on its review of the data and site conditions.(11) Submission of data. Unless otherwise specified in this Chapter or otherwise required by the Department, the Permittee shall submit all monitoring data to the Department in a format specified by the Department. Monitoring data must be submitted to the Department within 10 days of its receipt by the Permittee.(12) Notification of Exceedences and Deterioration of Site Conditions. The Permittee shall notify the Department at such time as monitoring indicates that one or more of the following compliance standards has been exceeded or a statistically significant change has been identified at any monitoring station.(a) For surface water, the compliance standards are the ambient water quality criteria for toxic pollutants, or applicable water quality-based permit conditions established pursuant to 38 M.R.S. §§413 and 464-469.(b) For ground water, the compliance standards are the primary drinking water standards adopted pursuant to 22 M.R.S. §2611, applicable water quality-based license conditions established pursuant to 38 M.R.S. §§413, 464, 465-C, and 470 or ground water quality baseline conditions.(c) Within mining areas as defined in 38 M.R.S.490-OO(4)(D) and section 11(A)(2)(c) of this Chapter, the compliance standards for pollutants other than pH or metals are the primary drinking water standards adopted pursuant to 22 M.R.S. §2611, applicable water quality-based license conditions established pursuant to 38 M.R.S. §§ 413, 464, 465-C and 470 or ground water quality baseline conditions. The compliance standards for pH and metals will be established in the mining permit by the Department based on sitespecific geologic and hydrologic characteristics. In determining compliance with these standards, the Department will require groundwater monitoring consistent with the requirements established pursuant to 38 M.R.S. §490-QQ(3) and this section.(c) For biological criteria, sediment, or other relevant environmental criteria, compliance standards are established pursuant to 38 M.R.S. §§413 and 464-469, baseline conditions, or as determined by the Department.(13) Minimum elements of notification. The notification must consist of:(a) A table and chart presenting all data for that monitoring location;(b) Data from associated reference or upgradient monitoring locations;(c) The associated standard or baseline;(d) An analysis of that data relative to the presence or absence of a statistically significant decline in water quality or other evidence of adverse environmental impact; and(e) An analysis of the probability that an observed statistically significant change indicative of declining water quality or other evidence of adverse environmental impact from baseline conditions is related to the mining operation.(14) Corrective action required. Failure to meet a performance standard or evidence of a deterioration of site conditions requires the Permittee to undertake corrective action to identify whether the data are accurate, and to identify and eliminate or correct the problem. The Department must be notified within 24 hours of the failure to meet a compliance standard at any monitoring location. The Department may require the Permittee to resample the location or locations to confirm the result; confirmation resamples, if required, must be taken within 7 days of the initial Department notification. As part of the corrective action plan, the Department may require such actions as the Department deems necessary, including the actions listed below:(a) Increased monitoring;(b) Source investigation;(d) Modification of active or post-closure mining activity; or(e) Other action as determined to be necessary by the Department.(15) Duration of corrective action. The corrective action shall continue, and may be amended from time to time, until such time as the Department determines that corrective actions are complete, the site meets all performance standards including achievement of baseline conditions, the site is expected to continue to meet such standards and conditions without further corrective actions, and all discharges causing or contributing to failure to comply with water quality standards are eliminated or mitigated to correct all compliance issues.(16) Other conditions requiring corrective actions. The Department may require any action listed in subsection 22(B)(14) if it identifies in the submitted data or from any other information, indications of discharges of contaminants, deterioration in site conditions, or observes conditions on the site indicative of discharges of contaminants or deterioration in site conditions.(17) Air monitoring. (a) Air emissions, including fugitive emissions, shall be monitored in accordance with a plan approved by the Department.(b) If at any time during operation, closure or post-closure for the mining operation, the monitoring demonstrates that the performance standards are not being met, a corrective action plan must be implemented, the details of which must be specified or approved by the Department.06-096 C.M.R. ch. 200, § 5-22