Surface Coal Mining Effects on Ground Water Recharge (1990) / Chapter Skim
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2. Legal and Regulatory Framework
2. Legal and Regulatory Framework
Pages 7-23
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From page 7... ...
General performance standards shall be applicable to all surface coal mining and reclamation operations and shall require the operation as a minimum to-(10) minimize the disturbances to the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems both during and after surface coal mining -7
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From page 8... ...
(i) conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law; (ii)
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From page 9... ...
and Context Surface Mining Control and Reclamation Act of 1974 The recharge capacity provision was added to a Senate bill (S.
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From page 10... ...
It focuses on the recharge capacity of the "aquifer at the mine sites' and includes the concept of protecting "alluvial valley floors." These focal points are explained in Senator Moss's comments. He referred to the problem that both surface and underground mining could cause as "intersecting aquifers and discharging this ground water into surface drainage systems" (119 Cong.
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From page 11... ...
restoring recharge capacity of the mine sites to approximate pre-mining conditions; (E) preserving throughout the mining and reclamation process the hydrologic integrity of alluvial valley floors in the arid and semiarid areas of the country (120 Cong.
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From page 12... ...
It is anticipated that in those mining operations which singularly or in combination would mine or seriously affect large aquifers, mining should be predicated on the ability of the operator to replace to the extent possible the ground water storage and recharge capability of the site by selective spoil material segregation and handling.
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From page 13... ...
23671 (1974~. In the discussions of surface mining bills, members of Congress frequently referred to a 1974 National Research Council study (NRC, 19741; particularly Chapter 4, "Water Resources in Relation to Surface Mining", which was also cited in the discussions on recharge capacity and alluvial floors.
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From page 14... ...
The Conference Report draft, adopted in both the Senate and the House and sent to the president, contained the House's separation of the recharge capacity and alluvial floor provisions but more nearly the Senate's language on recharge capacity: "(D) restoring recharge capacity of the aquifer at the mine site to approximate pre-mining conditions" (H.R.
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From page 15... ...
That is what is important. Then rather than saying 'mine site,' the amendment says 'mined area.' Rather than just restrict the requirement to the very narrow area being mined, my amendment protects the water capacity of the area around the mine site.
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From page 16... ...
As thus changed, the language appeared in SMCRA of 1975, which however, was vetoed. Surface Mining Control and Reclamation Act of 1977 Both the House and Senate bills reported by committee in 1977, and which were to become SMCRA of 1977, contained identical recharge capacity provisions: "(D)
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From page 17... ...
Detailed information relevant to determining hydrologic balance in the context of recharge capacity and in other contexts has to be submitted in the application. These information requirements are specified in SMCRA sections that are direct successors to the other provis ions introduced with the recharge capacity provision by Senator Moss as amendments to S
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From page 18... ...
. In 30 CFR 816.51, the 1979 OSM regulations provided that Surface mining activities shall be conducted in a manner that facilitates reclamation which will restore approximate pre-mining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding-coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground water system.
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From page 19... ...
45920 (1987~. Although the underground mining provisions of SMCRA contained a hydrologic balance requirement and listed some of the same factors that were listed for surface mining, the underground provision never specified a recharge capacity requirement.
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From page 20... ...
Neither the federal regulations nor the Kentucky regulations provide specifically that the applicant must provide information on the amount and rate of recharge in the area prior to mining and after reclamation. However, the Kentucky permit application form contains numerous ground water provisions.
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From page 21... ...
. In addition to performing this direct oversight function, OSM is permitted to promulgate regulations that will facilitate its primacy approval and oversight roles (In Re Permanent Surface Mining Regulation Litigation, 653 F.2d 514 (D.C.
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From page 22... ...
Although there is language in the legislative history suggesting that at least some members of Congress expected any mined aquifer to be restored, this language gives way to the change in the language of the recharge capacity provision since first introduced and to clear statements such as those in the House Reports cited above. (Technically, however, "ground water recharge rate" is the preferred term.)
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From page 23... ...
Congress was not concerned in the recharge capacity provision with water in the root zone, whereas it was concerned with that aspect in the alluvial valley floor provision. If there is a useable ground water supply, the "recharge capacity" must be restored to approximate pre-mining conditions.
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