§ 87.207. Treatment of discharges.
(a) Except for pre-existing discharges which are not encountered during mining or the implementation of the pollution abatement plan, the operator shall comply with § 87.102 (relating to hydrologic balance: effluent standards).
(b) Except as provided in § 87.210(d) (relating to effluent limitations), the operator shall treat the pre-existing discharges which are not encountered during mining or implementation of the pollution abatement plan to comply with the effluent limitations established by best professional judgment. The effluent limitations established by best professional judgment may not be less than the baseline pollution load. If the baseline pollution load, when expressed as a concentration for a specific parameter, satisfies the effluent limitations at § 87.102 for that parameter, the operator shall treat the pre-existing discharge for that parameter to comply with either effluent limitations established by best professional judgment or the effluent limitations at § 87.102.
(c) For purposes of subsections (a) and (b), the term encountered may not be construed to mean diversions of surface water and shallow groundwater flow from areas undisturbed by the implementation of the pollution abatement plan which would otherwise drain into the affected area, so long as the diversions are designed, operated and maintained under § 87.105(b)—(g) (relating to hydrologic balance: diversions).
(d) An operator required to treat pre-existing discharges will be allowed to discontinue treating the discharges under subsection (b) when the operator affirmatively demonstrates to the Department’s satisfaction that:
(1) The pre-existing discharges are meeting the effluent limitations established by subsection (b) as shown by groundwater and surface water monitoring conducted by the operator or the Department.
(2) Surface coal mining activities under the permit—including the pollution abatement area—are being or were conducted under the requirements of the permit and the authorization, and Chapter 86 (relating to surface and underground coal mining: general) and this chapter except as specifically modified by this subchapter.
(3) The operator has implemented each step of the pollution abatement plan as approved in the authorization.
(4) The operator did not cause or allow additional groundwater degradation by reaffecting the pollution abatement area.
(e) If after discontinuance of treatment of discharges under subsection (d) the discharges fail to meet the effluent limitations established by subsection (b), the operator shall reinstitute treatment of the discharges under subsection (b). An operator who reinstitutes treatment under this subsection will be allowed to discontinue treatment if the requirements of subsection (d) are met.
(f) Discontinuance of treatment under subsection (d) may not be deemed or construed to be or to authorize a release of bond under § 87.209 (relating to criteria and schedule for release of bonds on pollution abatement areas).
(g) If four consecutive weekly determinations of pollution load, as required under § 87.206(3)(i) (relating to operational requirements), exceed one or more triggers, the permittee shall notify the Department and begin treatment within 30 days of the fourth sample in accordance with the treatment limits established in the permit.
(h) If the Department determines, through analysis of any data submitted pursuant to the monitoring requirements or any data collected by the Department, that there has been pollution loading degradation at any of the monitoring points or hydrologic units, the Department will notify the permittee accordingly. The permittee shall begin treatment within 30 days in accordance with the treatment limits established in the permit.
(i) Any pre-existing pollutional discharge which is an encountered discharge shall be treated to the effluent limitations in the permit until the discharge is no longer encountered.
(j) For the purposes of determining applicable effluent limitations, a discharge will continue to be deemed to be an encountered discharge until the surface mining area which has been disturbed and which contributes to the discharge has been backfilled and regraded, and revegetation work has started.
Authority The provisions of this § 87.207 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 87.207 adopted June 28, 1985, 15 Pa.B. 2377, effective March 8, 1986, 16 Pa.B. 673; amended June 15, 1990, effective upon publication of notice in the Pennsylvania Bulletin that the amendments have been approved by the OSM, 20 Pa.B. 3383, see 21 Pa.B. 3316 (July 27, 1991) for OSM approval deferment; amended December 11, 1992, effective December 12, 1992, 22 Pa.B. 5945; amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6780. Immediately preceding text appears at serial pages (378224) and (244127).
Cross References This section cited in 25 Pa. Code § 86.159 (relating to self-bonding); and 25 Pa. Code § 87.209 (relating to criteria and schedule for release of bonds on pollution abatement areas).
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