La. Admin. Code tit. 43 § XV-5339

Current through Register Vol. 50, No. 9, September 20, 2024
Section XV-5339 - Hydrologic Balance: Surface- and Ground-Water Monitoring
A. Ground-Water Monitoring
1. Ground-water monitoring shall be conducted according to the ground-water monitoring plan approved under §2719 The office may require additional monitoring when necessary.
2. Ground-water monitoring data shall be submitted every three months to the office or more frequently as prescribed by the office. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance with the permit conditions, the operator shall promptly notify the office and immediately take the actions provided for in §2717
3. Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. The office may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this Paragraph, that:
a. the operator has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved post-mining land uses; and the water rights of other users have been protected or replaced; or
b. monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under §2719
4. Equipment, structures and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained and operated and shall be removed by the operator when no longer needed.
B. Surface-Water Monitoring
1. Surface-water monitoring shall be conducted according to the surface-water monitoring plan approved under §2721 The office may require additional monitoring when necessary.
2. Surface-water monitoring data shall be submitted every three months to the office or more frequently as prescribed by the office. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance with the permit conditions, the operator shall promptly notify the office and immediately take the actions provided for in §2717 The reporting requirements of this Paragraph do not exempt the operator from meeting any National Pollutant Discharge Elimination System (NPDES) reporting requirements.
3. Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. The office may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and sampling frequency if the operator demonstrates, using the monitoring data obtained under this Paragraph, that:
a. the operator has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved post-mining land uses; and the water rights of other users have been protected or replaced; or
b. monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under §2719
4. Equipment, structures and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained and operated and shall be removed by the operator when no longer needed.

La. Admin. Code tit. 43, § XV-5339

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.