1501:13-12-04. Underground mine entry and access discharges

(A) Surface entries and access to underground workings, including adits and slopes, shall be located, designed, constructed, and utilized to prevent or control gravity discharge of water from the mine.

(B) Gravity discharge of water from an underground mine, other than a drift mine subject to paragraph (C) of this rule, may be allowed by the chief, if it is demonstrated that:

(1) The discharge:

(a) Without treatment, satisfies the water effluent limitations of all applicable state and federal water quality standards; and

(b) The discharge will result in changes in the prevailing hydrologic balance that are minimal and approved postmining land uses will not be adversely affected; or

(2) All of the following three requirements are met:

(a) The discharge is conveyed to a treatment facility in the permit area in accordance with rule 1501:13-9-04 of the Administrative Code;

(b) All water from the underground mine discharged from the treatment facility meets the effluent limitations of all applicable state and federal statutes and regulations; and

(c) Consistent maintenance of the treatment facility will occur throughout the anticipated period of gravity discharge.

(C) Notwithstanding anything to the contrary in paragraphs (A) and (B) of this rule, for a drift mine first used after August 16, 1982 and located in acid-producing or iron-producing coal seams, surface entries and accesses shall be located in such a manner as to prevent any gravity discharge from the mine.

Five Year Review (FYR) Dates: 9/11/2020 and 09/11/2025
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.35
Prior Effective Dates: 11/23/1983 (Emer.), 03/04/1984

Prior History: (Five Year Review (FYR) Dates: 11/02/2015 and 11/02/2020
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.35
Prior Effective Dates: 11/23/83 (Emer.), 3/4/84)