| (a) Aquifer restoration. Groundwater in the production
zone within the production area must be restored when mining is complete.
Each Class III permit or production area authorization shall contain
a description of the method for determining that groundwater has been
restored in the production zone within the production area. Restoration
must be achieved for all values in the restoration table of all parameters
in the suite established in accordance with the requirements of §331.104(b)
of this title (relating to Establishment of Baseline and Control Parameters
for Excursion Detection).
(1) Restoration table. Each permit or production area
authorization shall contain a restoration table for all parameters
in the suite established in accordance with the requirements of §331.104(b)
of this title. The restoration value for each parameter listed in
the restoration table cannot exceed the maximum value for the respective
parameter in the permit range table required under §331.82(e)(7)
of this title (relating to Construction Requirements). A restoration
table value for a parameter shall be established by:
(A) the mean concentration or value for that parameter
based on all measurements from groundwater samples collected from
baseline wells prior to mining activities; or
(B) a statistical analysis of baseline well information
proposed by the owner or operator and approved by the executive director
that demonstrates that the restoration table value is representative
of baseline quality.
(2) Achievement of restoration. Achievement of restoration
shall be determined using one of the following methods:
(A) when all mean concentration values from groundwater
samples from all baseline wells for a restoration parameter are equal
to or below (or, in the case of pH, within an established range) the
restoration table value for that parameter, then restoration for that
parameter will be assumed to have occurred. Complete restoration will
be assumed to have occurred when mean concentration values from all
samples from all baseline wells for all restoration parameters are
equal to or below (or, in the case of pH, within an established range)
each respective restoration table value; or
(B) a statistical analysis of information from groundwater
samples from baseline wells proposed by the owner or operator and
approved by the executive director that demonstrates that the groundwater
quality is representative of the restoration table values.
(b) Mining completion. When the mining of a permit
or production area is completed, the permittee shall notify the appropriate
commission regional office and the executive director and shall proceed
to reestablish groundwater quality in the affected permit or production
area aquifers in accordance with the requirements of subsection (a)
of this section. Restoration efforts shall begin as soon as practicable
but no later than 30 days after mining is completed in a particular
production area. The executive director, subject to commission approval,
may grant a variance from the 30-day period for good cause shown.
(c) Timetable. Aquifer restoration, for each permit
or production area, shall be accomplished in accordance with the timetable
specified in the currently approved mine plan, unless otherwise authorized
by the commission. Authorization for expansion of mining into new
production areas may be contingent upon achieving restoration progress
in previously mined production areas within the schedule set forth
in the mine plan. The commission may amend the permit to allow an
extension of the time to complete restoration after considering the
following factors:
(1) efforts made to achieve restoration by the original
date in the mine plan;
(2) technology available to restore groundwater for
particular parameters;
(3) the ability of existing technology to restore groundwater
to baseline quality in the area;
(4) the cost of achieving restoration by a particular
method;
(5) the amount of water which would be used or has
been used to achieve restoration;
(6) the need to make use of the affected aquifer; and
(7) complaints from persons affected by the permitted
activity.
(d) Reports. Beginning six months after the date of
initiation of restoration of a permit or production area, as defined
in the mine plan, and until receiving written acknowledgment from
the executive director that restoration for the production areas has
been accomplished, the operator shall provide to the executive director
semi-annual restoration progress reports. This report shall contain
the following information:
(1) all analytical data generated to monitor restoration
progress for certain parameters, as approved by the executive director,
during the previous six months;
(2) graphs of analysis for each restoration parameter
for each baseline well or for each restoration parameter that has
been amended in accordance with subsection (g) of this section;
(3) the volume of fluids injected and produced;
(4) the volume of fluids disposed;
(5) water level measurements for all baseline and monitor
wells, and for any other wells being monitored;
(6) a potentiometric map for the area of the production
area authorization, based on the most recent water level measurements;
and
(7) a summary of the progress achieved towards aquifer
restoration.
(e) Restoration table values achieved. When the permittee
determines that constituents in the aquifer have been restored to
the values in the Restoration Table, the restoration shall be demonstrated
by stability sampling in accordance with subsection (f) of this section.
(f) Stability sampling. The permittee shall obtain
stability samples and complete an analysis for all parameters listed
in the restoration table from all production area baseline wells.
Stability sampling may commence 60 days after cessation of restoration
operations. Stability samples shall be conducted at a minimum of 30-day
intervals for a minimum of three sample sets and reported to the executive
director. The permittee shall notify the executive director at least
two weeks in advance of sample dates to provide the opportunity for
splitting samples and for selecting additional wells for sampling,
if desired. To ensure water quality has stabilized, a period of one
calendar year must elapse between cessation of restoration operations
and the final set of stability samples. Upon acknowledgment in writing
by the executive director confirming achievement of final restoration,
the permittee shall accomplish closure of the area in accordance with §331.86
of this title (relating to Closure).
(g) Amendment of restoration table or range table values.
After an appropriate effort has been made to achieve restoration in
accordance with the requirements of subsection (a) of this section,
the permittee may cease restoration operations, reduce bleed and request
that the restoration table be amended. With the request for amendment
of the restoration table values, the permittee shall submit stability
sampling results in accordance with subsection (f) of this section.
The permittee shall notify the executive director of his or her intent
to cease restoration operations and reduce the bleed 30 days prior
to implementing these steps. If any restoration table value for any
parameter listed in the restoration table will exceed the maximum
value for the respective parameter in the permit range table, the
permittee must submit an application for a major amendment of the
permit range table.
(1) In determining whether the restoration table or
range table should be amended, the commission will consider the following
items addressed in the request:
(A) uses for which the groundwater in the production
area was suitable at baseline water quality levels;
(B) actual existing use of groundwater in the production
area prior to and during mining;
(C) potential future use of groundwater of baseline
quality and of proposed restoration quality;
(D) the effort made by the permittee to restore the
groundwater to baseline;
(E) technology available to restore groundwater for
particular parameters;
(F) the ability of existing technology to restore groundwater
to baseline quality in the area under consideration;
(G) the cost of further restoration efforts;
(H) the consumption of groundwater resources during
further restoration; and
(I) the harmful effects of levels of particular parameter.
(2) The commission may amend the restoration table
or range table if it finds that:
(A) reasonable restoration efforts have been undertaken,
giving consideration to the factors listed in paragraph (1) of this
subsection;
(B) the values for the parameters describing water
quality have stabilized for a period of one year;
Cont'd... |
