DISCHARGE OF WATER INTO AN UNDERGROUND MINE: Water from the surface or from an underground mine shall not be diverted or otherwise discharged into other underground mine workings, unless the person who conducts the surface coal mining operations demonstrates to the director that this will:

1. A. abate water pollution or otherwise eliminate public hazards resulting from surface coal mining operations; and

2. B. be discharged as a controlled flow, meeting the effluent limitations of 19.8.20.2010 NMAC for pH and total suspended solids, except that the pH and total suspended solid limitations may be exceeded, if approved by the director and is limited to:

   (1) coal processing waste;

   (2) fly ash from a coal-fired facility;

   (3) sludge from an acid mine drainage treatments facility;

   (4) flue gas desulfurization sludge;

   (5) inert materials used for stabilizing underground mines; or

   (6) underground mine development wastes.

3. C. in any event, the discharge from underground mines to surface waters will not cause, result in or contribute to a violation of applicable water quality standards or effluent limitations;
4. D. minimizes disturbance to the hydrologic balance; and

5. E. meets with the approval of the mine safety and health administration.

   [11-29-97; 19.8.20.2023 NMAC - Rn, 19 NMAC 8.2.20.2023, 9-29-2000]