Surface Coal Mining Effects on Ground Water Recharge (1990) / Chapter Skim
Currently Skimming:
Appendix B: Legal Background
Appendix B: Legal Background
Pages 118-136
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 118... ...
Although surface mining bills were introduced into the Congress as early as the 1940s, the first significant step in the process that led to SMCRA was the inclusion of a section in the Appalachian Regional Development Act of 1965 that required the secretary of the interior to "make a survey and study of strip and surface mining operations and their effects in the United States." In 1966 before the interior secretary's final report was issued but after an interim report came out, Senator Lausche of Ohio introduced a bill (S.
|
From page 119... ...
No 92-1162 _ ~ F1~' Hi Rot mnc in The R"n~t~ and HnI~ of Representatives. The first floor discussion dealing with a bill proposing surface mining regulation after the Department of Interior Report came out occurred in the House of Representatives
|
From page 120... ...
Thereafter there were 12 significant floor discussions in Congress before SMCRA was passed in 1977. For additional discussions of legislative history related to surface mining control, see Dunlap (1975)
|
From page 121... ...
At the appropriate place in Section 208 [permit application requirements; add the following: (14) a determination of the hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and ground water systems and the collection of sufficient data for the mine site and surrounding area so that an assessment can be made of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability.
|
From page 122... ...
The monitoring, data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the regulatory authority in order to assure their reliability and validity. At the appropriate place in Section 213 [Criteria for surface mining and reclamation operations]
|
From page 123... ...
a determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and ground water systems including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the regulatory authority of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability. Provided, however, that this determination shall not be required until such time as hydrologic information on the general area prior to mining is made available from an appropriate Federal or State agency: Provided further, that the permit shall not be approved until such information is available and is incorporated into the application.
|
From page 124... ...
monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined; (C)
|
From page 125... ...
"Standard Methods for the Examination of Water and Wastewater" is a joint publication of the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation and is available from the American Public Health Association, 1015 15th Street, NW, Washington, DC 20036. This document is also available for inspection at the Office of the Federal Register Information Center, Room 8301, 1100 L Street, NW, Washington, DC; at the Office of the OSM Administrative Record, U.S.
|
From page 126... ...
The name, location, ownership, and description of all surface-water bodies such as streams, lakes, and impoundments, the location of any discharge into any surface-water body in the proposed permit and adjacent areas, and information on surface-water quality and quantity sufficient to demonstrate seasonal variation and water usage. Water quality descriptions shall include, at a minimum, baseline information on total suspended solids, total dissolved solids or specific conductance corrected to 25°C, pH, total iron, and total manganese.
|
From page 127... ...
If the PHC determination required by paragraph (f) of this section indicates that the proposed mining operation may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate
|
From page 128... ...
of the proposed operation upon the quality and quantity of surface and ground water under seasonal flow conditions for the proposed permit and adjacent areas.
|
From page 129... ...
It shall contain the steps to be taken during mining and reclamation through bond release to minimize disturbances to the hydrologic balance within the permit and adjacent areas; to prevent material damage outside the permit area; to meet applicable Federal and State water quality laws and regulations; and to protect the rights of present water users. The plan shall include the measures to be taken to: avoid acid or toxic drainage; prevent, ~ ~~ a _ area.
|
From page 130... ...
The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (h) of this ~ ~ .
|
From page 131... ...
All surface mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved post-mining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this part. The regulatory authority may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented.
|
From page 132... ...
Ground-water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground-water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water.
|
From page 133... ...
Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under § 780.21(i) of this chapter.
|
From page 134... ...
aquifer identification (d) number of users 15.1 Provide the results of the ground water inventory conducted for the proposed permit and adjacent areas.
|
From page 135... ...
For each supply source, describe the location, ownership, type of use and where possible other relevant information such as the depths and diameters of wells, approximate rate of usage, pumpage or discharge. Provide results as 'Attachment 15.1.A.' or have a Potential to be used 15.2 Describe the pre-m~ntng ground water monitoring program used to determine the seasonal variations in ground water quality and quantity for all aquifers and water transmitting zones.
|
From page 136... ...
-136 29.1 Provide as 'Attachment 29.1.A,' a detailed description of the in-stream surface water quality and quantity monitoring program to be used during the mining and reclamation operations. The location, frequency, and method of collection must be described along with a list of parameters tested and the reporting procedure.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.