Surface water, or water from another underground mine, may not be diverted or otherwise discharged into underground mine workings, unless the person who conducts the surface mining activities demonstrates to the Bureau that this will:

1. A. Abate water pollution or otherwise eliminate public hazards resulting from surface mining activities, and prevent material damage outside the permit area;

2. B. Be discharged as a controlled flow, meeting the effluent limitations of the Regulatory Program for pH and total suspended solids; however, the pH and total suspended solids limitations may be exceeded if approved by the Bureau and limited to:

   1. (1) Coal processing waste,
   2. (2) Fly ash from a coal-fired facility,
   3. (3) Sludge from an acid mine drainage treatment facility,
   4. (4) Flue gas desulfurization sludge,
   5. (5) Inert materials used for stabilizing underground mines, or
   6. (6) Underground mine development wastes;
3. C. Minimize disturbance to the hydrologic balance;
4. D. Meet with the approval of the Mine Safety and Health Administration;
5. E. Not cause, result in, or contribute to a violation of applicable water quality standards or effluent limitations.

Authority: Environment Article, §15-503, Annotated Code of Maryland

Effective date:

Regulations .01—.11 were previously codified as COMAR 08.13.09.23A—K, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.

Regulations .03—.05, .09A, and .10A amended effective October 23, 1995 (22:21 Md. R. 1614)

Chapter recodified from COMAR 08.20.20 to COMAR 26.20.20, June 1996