4VAC25-130-825.12: Treatment of discharges

(a) Except for preexisting discharges from or on the pollution abatement area for which authorization is granted under 4VAC25-130-785.19, the permittee shall comply with 4VAC25-130-816.42 and 4VAC25-130-817.42.

(b) The permittee shall treat the preexisting discharges from or on the pollution abatement area for which authorization is granted under 4VAC25-130-785.19 to comply with the effluent limitations established by best professional judgment. The effluent limitations established by best professional judgment shall not allow discharge of pollutants in excess of the baseline pollution load. Any discharge from or affected by the remining operation shall be in accordance with the applicable State water quality standards.

(c) A permittee required to treat preexisting discharges will be allowed to discontinue treating the discharges under Subsection (b) when the permittee affirmatively demonstrates to the division that:

(1) The preexisting discharges are meeting the effluent limitations established by Subsection (b) as shown by all ground and surface water monitoring conducted by the permittee or the division.

(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 this Subchapter, except as specifically modified by this Part.

(3) The permittee has implemented each step of the abatement plan as approved in the authorization.

(d) If after discontinuance of treatment of discharges under Subsection (c) the discharges fail to meet the effluent limitations established by Subsection (b), the permittee shall reinstitute treatment of the discharges under Subsection (b). A permittee who reinstitutes treatment under this Subsection will be allowed to discontinue treatment if the requirements of Subsection (c) are met.

(e) Discontinuance of treatment under Subsection (c) may not be deemed or construed to be or to authorize a release of bond under 4VAC25-130-825.14.