Administrative Code

Virginia Administrative Code
7/5/2022

Part 825. Special Permanent Program Performance Standards—Remining Areas with Pollutional Discharges

4VAC25-130-825.11. Operational requirements.

A permittee who receives an authorization to mine areas with preexisting pollutional discharges under 4VAC25-130-785.19 shall comply with the requirements of this Subchapter except as specifically modified by this Part. The permittee shall also:

(1) Implement the approved water quality and quantity monitoring program for the pollution abatement area until the requirements of 4VAC25-130-825.14 are met.

(2) Implement the approved abatement plan.

(3) Notify the division immediately prior to the completion of each step of the abatement plan.

(4) Provide progress reports to the division within 30 days after the completion of each step of the abatement program that all work has been performed in accordance with the terms and conditions of the pollution abatement authorization and the approved maps, plans, cross-sections, and specifications.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

Historical Notes

Derived from VR480-03-19 § 825.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-825.12. Treatment of discharges.

(a) Except for preexisting discharges from or on the pollution abatement area for which authorization is granted under 4VAC25-130-785.19, the permittee shall comply with 4VAC25-130-816.42 and 4VAC25-130-817.42.

(b) The permittee shall treat the preexisting discharges from or on the pollution abatement area for which authorization is granted under 4VAC25-130-785.19 to comply with the effluent limitations established by best professional judgment. The effluent limitations established by best professional judgment shall not allow discharge of pollutants in excess of the baseline pollution load. Any discharge from or affected by the remining operation shall be in accordance with the applicable State water quality standards.

(c) A permittee required to treat preexisting discharges will be allowed to discontinue treating the discharges under Subsection (b) when the permittee affirmatively demonstrates to the division that:

(1) The preexisting discharges are meeting the effluent limitations established by Subsection (b) as shown by all ground and surface water monitoring conducted by the permittee or the division.

(2) Surface coal mining activities under the permit, including the pollution abatement area, are being or were conducted under the requirements of the permit and the authorization and this Subchapter, except as specifically modified by this Part.

(3) The permittee has implemented each step of the abatement plan as approved in the authorization.

(d) If after discontinuance of treatment of discharges under Subsection (c) the discharges fail to meet the effluent limitations established by Subsection (b), the permittee shall reinstitute treatment of the discharges under Subsection (b). A permittee who reinstitutes treatment under this Subsection will be allowed to discontinue treatment if the requirements of Subsection (c) are met.

(e) Discontinuance of treatment under Subsection (c) may not be deemed or construed to be or to authorize a release of bond under 4VAC25-130-825.14.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

Historical Notes

Derived from VR480-03-19 § 825.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-825.13. Request for bond release.

4VAC25-130-800.40, 4VAC25-130-801.17 and 4VAC25-130-801.18 shall apply to the release of bonds for pollution abatement areas except as modified by this Part.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

Historical Notes

Derived from VR480-03-19 § 825.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-825.14. Criteria and schedule for release of bonds on pollution abatement areas.

(a) The division will release up to 50% of the amount of bond for the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The surface coal mining activities were conducted on the permit area, including the pollution abatement area, under the requirements of the permit and the authorization and this chapter, except as specifically modified by this Part.

(2) The permittee has satisfactorily completed backfilling, regrading, and drainage control under the approved reclamation plan.

(3) The permittee has properly implemented each step of the pollution abatement plan approved and authorized under this chapter.

(4) The permittee has not caused degradation of the baseline pollution load for a period of a minimum of six months prior to the submittal of the request for bond release under this Part and until the bond release is approved as shown by all ground and surface water monitoring conducted by the permittee under 4VAC25-130-825.11 or conducted by the division.

(5) The permittee has not caused or contributed to additional surface water pollution by reaffecting or mining the pollution abatement area.

(b) The division will release an additional amount not to exceed 35% of the amount of bond for the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The permittee has replaced the topsoil or topsoil substitute, completed final grading, planting and established revegetation under the approved reclamation plan.

(2) The permittee has not caused or contributed to additional surface water pollution by reaffecting or mining the pollution abatement area.

(3) The permittee has complied with either of the following:

(i) Achieved the actual improvement of the baseline pollution load described in the approved abatement plan and shown by all ground and surface water monitoring conducted by the permittee or the division for the period of time provided in the abatement plan after completion of backfilling, final grading, drainage control, topsoiling, and establishment of revegetation.

(ii) Achieved all of the following:

(A) At a minimum has not caused degradation of the baseline pollution load as shown by all ground and surface water monitoring conducted by the permittee or the division for a period of 12 months from the discontinuance of treatment under 4VAC25-130-825.12(d), if backfilling, final grading, drainage control, topsoiling, and establishment of revegetation have been completed.

(B) Conducted all measures provided in the approved abatement plan and additional measures specified by the division in writing at the time of initial bond release under Subsection (a) for the area requested for bond release.

(C) Caused aesthetic or other environmental improvements or the elimination of public health and safety problems by remining and reaffecting the pollution abatement area.

(D) Stabilized the pollution abatement area.

(c) The division will release the remaining portion of the amount of bond on the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The permittee has successfully completed all the approved abatement and reclamation plans, and the pollution abatement area is capable of supporting the postmining land use approved under 4VAC25-130-816.133 and 4VAC25-130-817.133.

(2) The permittee has complied with the requirements of the permit and the authorization, and this chapter, except as specifically modified by this Part.

(3) The permittee has not caused degradation of the baseline pollution load from the time of bond release under Subsection (b).

(4) The applicable liability period has expired under 4VAC25-130-800.13.

(5) If treatment has been initiated in accordance with 4VAC25-130-825.12(d) after bond release under Subsections (a) or (b) of this section, the permittee has not caused degradation of the baseline pollution load for a period of five years from the discontinuance of treatment under 4VAC25-130-825.12(c).

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

Historical Notes

Derived from VR480-03-19 § 825.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

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