30 C.F.R. § 948.13
(c) The following wording in section 22A-3-23(c)(3) of the Code of West Virginia is inconsistent with section 519(c)(3) of the Surface Mining Control and Reclamation Act of 1977 and is hereby set aside:
Provided, however, That such a release may be made where the quality of the untreated postmining water discharged is better than or equal to the premining water quality discharged from the mining site.
[50 FR 35084, Aug. 29, 1985, as amended at 61 FR 6535, Feb. 21, 1996]