§ 89.52. Water quality standards, effluent limitations and best management practices.

 (a)  Prevailing hydrologic balance. Underground mining activities shall be planned and conducted to minimize changes to the prevailing hydrologic balance in both the permit and adjacent areas.

 (b)  Minimum requirements. At a minimum, water which is discharged or is permitted to flow from areas disturbed by underground mining activities, including areas disturbed by mineral preparation, processing or handling facilities, shall be passed through a sedimentation pond or treatment facility before discharging, except as provided in subsection (j).

 (c)  Effluent limitations. A person may not allow a discharge of water from an area disturbed by underground mining activities, including areas disturbed by mineral preparation, processing or handling facilities which exceeds the following groups of effluent standards. The effluent limitations shall be applied under subsection (d).

Group A

	30-day	Daily	Instantaneous
Parameter	Average	Maximum	Maximum
iron (total)	3.0 mg/l	6.0mg/l	7.0 mg/l
manganese (total)	2.0 mg/l	4.0 mg/l	5.0 mg/l
suspended solids	35 mg/l	70 mg/l	90 mg/l
pH 1		greater than 6.0; less than 9.0
alkalinity greater than acidity 1
1 The parameter is applicable at all times.

Group B

	Instantaneous
Parameter	Maximum
iron (total)	7.0 mg/l
settleable solids	0.5 ml/l
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

Group C

	Instantaneous
Parameter	Maximum
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

 (d)  Limitations. The effluent limitations and precipitation exemptions are as follows:

   (1)  The discharges specified in this subsection shall comply with the effluent limitation in this subsection:

	Precipitation	Effluent
Type Discharge	Event	Limitations
Drainage from underground  mine workings	all	Group A
Surface runoff from active  area	dry weather less than or equal to 10yr-24hr greater than 10yr-24hr	Group A Group B Group C
Surface runoff from area  where Stage 2  standards achieved	dry weather less than or equal to 10yr-24hr achieved greater than 10yr-24hr	Group A Group B Group C
All other discharges	dry weather less than or equal to 10yr-24hr greater than 10yr-24hr	Group A Group B Group C

   (2)  To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §  89.53 (relating to precipitation event exemption).

 (e)  Exceptions to effluent limitations. Exceptions to effluent limitations are as follows:

   (1)  The pH of water being discharged shall be maintained between 6.0 and 9.0 except in the following circumstances:

     (i)   The operator demonstrates that the wastes are discharged to an acid stream in which cases the pH may be greater than 9.0.

     (ii)   The operator affirmatively demonstrates, in writing, to the Department that biological respiration in the wastewater treatment system will cause the discharge to exceed the limits in this section and that exceeding these limits will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act (33 U.S.C.A. § §  1251—1376), in which case the Department may grant a variance in writing from the limitation in this section.

     (iii)   The operator affirmatively demonstrates to the Department that the wastewater treatment process being used by the operator requires the pH to be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act, in which case the Department may grant a variance from this limitation.

   (2)  When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10.0 mg/l, the manganese limitation does not apply.

 (f)  Postmining pollutional discharges.

   (1)  If a postmining pollutional discharge occurs, the discharger shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including modifications authorized or required under subsection (e), (g) or (h). The discharger shall also take whatever measures are necessary and available to abate the discharge, including modifying the operation and reclamation plan for the mining activity.

   (2)  If the discharge continues to exist, after implementation of the abatement measures required under paragraph (1), the discharger shall make provisions for sound future treatment of the discharge to achieve the Group A effluent requirements in subsection (c), including modifications authorized or required under subsection (e) or (h). If the untreated discharge can be adequately treated using a passive treatment system, in addition to achieving the effluent requirements, the passive treatment system shall be designed and constructed to accomplish the following:

     (i)   Prevent discharge of mine drainage into the groundwater.

     (ii)   Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system.

     (iii)   Hydraulically handle the highest average monthly flow rate which occurs during a 12-month period.

     (iv)   Have inlet and outlet structures which will allow for flow measurement and water sampling.

     (v)   Prevent to the maximum extent practicable physical damage, and associated loss of effectiveness, due to wildlife and vandalism.

 (vi)  Be of a capacity so that it will operate effectively and achieve the required effluent quality for 15 to 25 years before needing to be replaced.

   (3)  Any passive treatment system shall be designed by, and constructed under the supervision of, a qualified professional knowledgeable in the subject of passive treatment of mine drainage.

 (g)  Single facilities for sediment and erosion control. If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge.

 (h)  Additional requirements. In addition to the requirements of subsections (c)—(g), the discharge of water from the permit area shall comply with this title, including Chapters 91—93, 95, 96, 97 (reserved) and 102.

 (i)  Responsibility. The permittee is permanently responsible for discharges which are encountered or are affected by or connected with the mining or reclamation activities.

 (j)  Exemption. The Department may grant an exemption to subsection (b) only if the person who conducts the operation demonstrates, and the Department finds, in writing, that:

   (1)  Sedimentation ponds or treatment facilities are not needed to achieve the effluent limitations in subsections (c)—(f) and the water quality standards in Chapter 93.

   (2)  There is no mixture of surface runoff with drainage from underground mine workings.

   (3)  The disturbed area is small for drainage from areas affected by surface facilities.

Authority

   The provisions of this §  89.52 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. § §  1396.1—1396.19a); The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § §  1406.1—1406.21); The Clean Streams Law (35 P.S. § §  691.1—691.1001); section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20); and section 3.2 of the Coal Refuse Disposal Control Act (52 P.S.§  30.53b).

Source

   The provisions of this §  89.52 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (313567) to (313570) and (357535).

Cross References

   This section cited in 25 Pa. Code §  86.1 (relating to definitions); 25 Pa. Code §  86.159 (relating to self-bonding); 25 Pa. Code §  86.283 (relating to procedures); 25 Pa. Code §  86.294 (relating to uses and limitations); 25 Pa. Code §  88.493 (relating to minimum environmental protection performance standards); 25 Pa. Code §  89.36 (relating to protection of the hydrologic balance); 25 Pa. Code §  89.53 (relating to precipitation event exemption); 25 Pa. Code §  89.58 (relating to pollution-forming materials); and 25 Pa. Code §  89.173 (relating to performance standards).

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