Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 85. (a) Surface entries and access to underground workings, including adits and slopes, shall be located, designed, constructed, and utilized to prevent or control gravity discharge of water from the mine.

(b) Gravity discharge of water from an underground mine, other than a drift mine subject to subsection (c), may be allowed by the director if either of the following is demonstrated:

1. (1) The discharge:

   1. (A) without treatment, satisfies the water effluent limitations of section 77 of this rule and all applicable Indiana and federal water quality standards; and
   2. (B) will result in changes in the prevailing hydrologic balance that are minimal and approved postmining land uses will not be adversely affected.

2. (2) The discharge:

   1. (A) is conveyed to a treatment facility in the permit area in accordance with section 77 of this rule;
   2. (B) all water from the underground mine discharged from the treatment facility meets the effluent limitations of section 77 of this rule and all other applicable Indiana and federal statutes and regulations; and
   3. (C) consistent maintenance of the treatment facility will occur throughout the anticipated period of gravity discharge.

(c) Notwithstanding anything to the contrary in subsections (a) and (b), for a drift mine first used after the implementation of this program and located in acid-producing or iron-producing coal seams, surface entries and accesses shall be located in such a manner as to prevent any gravity discharge from the mine unless another location is approved by the director.

(Natural Resources Commission; 312 IAC 25-6-85; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3555, 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)