§ 817.38 - How must I handle acid-forming and toxic-forming materials?

§ 817.38 How must I handle acid-forming and toxic-forming materials?

(a) You, the permittee, must use the best technology currently available to handle acid-forming and toxic-forming materials and underground development waste in a manner that will avoid the creation of acid or toxic mine drainage into surface water and groundwater. At a minimum, you must comply with the plan approved in the permit in accordance with § 784.12(n) of this chapter and adhere to disposal, treatment, and storage practices that are consistent with other material handling and disposal provisions of this chapter.

(b) You may temporarily store acid-forming and toxic-forming materials only if the regulatory authority specifically approves temporary storage as necessary and finds in writing in the permit that the proposed storage method will protect surface water and groundwater by preventing erosion, the formation of polluted runoff, and the infiltration of polluted water into aquifers. The regulatory authority must specify a maximum time for temporary storage, which may not exceed the period until permanent disposal first becomes feasible. In addition, storage must not result in any risk of water pollution, adverse impacts to the biology of perennial or intermittent streams, or other environmental damage.