UNDERGROUND MINE ENTRY AND ACCESS DISCHARGES:

1. A. Surface entries and accesses 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.

2. B. Gravity discharge of water from an underground mine, other than a drift mine subject to Subsection C of 19.8.20.2026 NMAC, may be allowed by the director, if it is demonstrated that:

   (1) in the case of an untreated discharge:

   (a) the discharge, without treatment, satisfies the water effluent limitations of 19.8.20.2010 NMAC and all applicable state and federal water quality standards; and

   (b) that discharge will result in changes in the prevailing hydrologic balance that are minimal and approved postmining land uses will not be adversely affected; or

   (2) in the case of a treated discharge:

   (a) the discharge is conveyed to a treatment facility in the permit area in accordance with Subsection A of 19.8.20.2010 NMAC;

   (b) all water from the underground mine discharged from the treatment facility meets the effluent limitations of 19.8.20.2010 NMAC and all other applicable state and federal statutes and regulations; and

   (c) consistent maintenance of the treatment facility will occur throughout the anticipated period of gravity discharge.

3. C. Notwithstanding anything to the contrary in Subsections A and B of 19.8.20.2026 NMAC, for a drift mine first used after the implementation of the permanent state 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.

   [11-29-97; 19.8.20.2026 NMAC - Rn, 19 NMAC 8.2.20.2026, 9-29-2000; A, 12-31-2007]