A. Permanent Impoundments. A permanent impoundment of water may be created, if authorized by the Department in the approved permit, based upon a demonstration that the:
- (1) Size and configuration of the impoundment will be adequate for its intended purposes;
- (2) Quality of the impounded water will be suitable on a permanent basis for its intended use and after reclamation will meet applicable State and federal water quality standards;
- (3) Discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable State and federal water quality standards;
- (4) Water level will be sufficiently stable and capable of supporting the intended use;
- (5) Final grading will provide for adequate safety and access for proposed water users;
- (6) Impoundment will not result in diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;
- (7) Impoundment will be suitable for the approved postmining land use; and
- (8) Vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of the highwall to provide adequate safety and access for the proposed water users.
- B. Temporary Impoundments. The Department may authorize the construction of temporary impoundments as part of a surface coal mining operation.
Authority: Environment Article, §15-503, Annotated Code of Maryland
Effective date:
Regulations .01—.09 were previously codified as COMAR 08.13.09.24A—I, 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.
Regulation .02 amended effective October 11, 1993 (20:20 Md. R. 1569)
Chapter revised effective October 23, 1995 (22:21 Md. R. 1614)
Chapter recodified from COMAR 08.20.21 to COMAR 26.20.21, June 1996
Regulation .01-1 adopted effective March 14, 2005 (32:5 Md. R. 582)
Regulation .08 amended effective March 14, 2005 (32:5 Md. R. 582)
Regulation .09D amended effective March 14, 2005 (32:5 Md. R. 582)