§ 817.42 - Hydrologic balance: Water quality standards and effluent limitations.

§ 817.42 What Clean Water Act requirements apply to discharges from my operation?

(a) Nothing in this section, nor any action taken pursuant to this section, supersedes or modifies -

(1) The authority or jurisdiction of federal, state, or tribal agencies responsible for administration, implementation, and enforcement of the Clean Water Act, 33 U.S.C. 1251 et seq.; or

(2) The decisions that those agencies make under the authority of the Clean Water Act, 33 U.S.C. 1251 et seq., including decisions on whether a particular set of facts constitutes a violation of the Clean Water Act.

(b) Discharges of water from underground mining activities and from

Hydrologic balance: Water quality standards and effluent limitations.

Discharges of water from areas disturbed by underground mining activities

must - (1) Be

shall be made in compliance with all applicable State and Federal water quality laws and regulations

, including

and with the effluent limitations

established in the National Pollutant Discharge Elimination System permit for the operation under section 402 of the Clean Water Act, 33 U.S.C. 1342, or its state or tribal counterpart. The regulatory authority must notify the appropriate Clean Water Act authority whenever it takes action to enforce a permit condition required by § 773.17(i) of this chapter with respect to an effluent limitation in a National Pollutant Discharge Elimination System permit. The regulatory authority must initiate coordination with the Clean Water Act authority before taking enforcement action if coordination is needed to determine whether a violation of the National Pollutant Discharge Elimination System permit exists.

(2) Not cause or contribute to a violation of applicable water quality standards established under the authority of section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c), or other applicable state or tribal water quality standards.

(c) Discharges of overburden, coal mine waste, and other materials into waters subject to the jurisdiction of the Clean Water Act, 33 U.S.C. 1251 et seq., must be made in compliance with section 404 of the Clean Water Act, 33 U.S.C. 1344, and its implementing regulations.

(d) The regulatory authority will coordinate an investigation with the appropriate Clean Water Act authority whenever information available to the regulatory authority indicates that mining activities may be causing or contributing to a violation of the water quality standards to which paragraph (b)(2) of this section refers, or to a violation of section 404 of the Clean Water Act, 33 U.S.C. 1344, and its implementing regulations. If, after coordination with the appropriate Clean Water Act authority, it is determined that mining activities are causing or contributing to a Clean Water Act violation, the regulatory authority must, in addition to any action taken by the appropriate Clean Water Act authority, independently take enforcement or other appropriate action to correct the cause of the violation.

(e) You must construct water treatment facilities for discharges from the operation as soon as the need for those facilities becomes evident.

(f)

(1) You must remove precipitates and otherwise maintain all water treatment facilities requiring the use of settling ponds or lagoons as necessary to maintain the functionality of those facilities.

(2) You must dispose of all precipitates removed from facilities under paragraph (f)(1) of this section either in an approved solid waste landfill or within the permit area in accordance with a plan approved by the regulatory authority.

(g) You must operate and maintain water treatment facilities until the regulatory authority authorizes removal based upon monitoring data demonstrating that influent to the facilities meets all applicable effluent limitations without treatment and that discharges would not cause or contribute to a violation of applicable water quality standards established under the authority of section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c), or other applicable state or tribal water quality standards if left untreated.

for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR part 434.

[47 FR 47222, Oct. 22, 1982, as amended at 48 FR 44051, Sept. 26, 1983; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]