Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 26. Surface water shall not be diverted or otherwise discharged into underground mine workings, unless the person who conducts the surface mining activities demonstrates to the director that this diversion or discharge will:

1. (1) abate water pollution or otherwise eliminate public hazards resulting from surface mining activities;

2. (2) be discharged as a controlled flow, meeting the effluent limitations of section 13 of this rule for pH and total suspended solids, except as provided in this subdivision and the director may approve that the limitation on total suspended solids be exceeded for:

   1. (A) coal processing waste;
   2. (B) fly ash from a coal-fired facility;
   3. (C) sludge from an acid mine drainage treatment facility;
   4. (D) flue gas desulfurization sludge;
   5. (E) inert materials used for stabilizing underground mines; or
   6. (F) underground mine development wastes;
3. (3) not result in a discharge from an underground mine to surface waters that causes, results in, or contributes to a violation of applicable water quality standards or effluent limitations; and
4. (4) minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area, and otherwise eliminate public hazards resulting from surface mining activities.

(Natural Resources Commission; 312 IAC 25-6-26; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3521, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)