Section 43-02-02.2-63 - Restoration values not achieved1. If the restoration values established in the restoration table of the mine permit are not met after application of best available technology, the operator may submit an amendment to establish alternative restoration values. A one thousand dollar amendment application fee must accompany this submittal. 2. To justify alternative values, the amendment must include all available water quality data for the restoration unit, a narrative discussing the restoration techniques used, including a demonstration that best available practicable technology was applied, and the rationale for altering the restoration values. 3. In determining whether the restoration table should be altered for a particular restoration zone, the department shall consider the following: a. Uses for which the ground water was suitable at baseline quality levels; b. Actual existing use of the ground water in the area before and during mining; c. Potential for future use of the ground water at baseline quality and at proposed restoration values; d. The effort made by the operator to restore the ground water to the restoration values; e. The availability of existing technology to restore the ground water to the restoration values; and f. The potential harmful effects of levels of particular parameters. 4. Alternative restoration values must conform to the requirements of section 43-02-02.2-20. 5. The commission will make a decision on the proposed amendment only after notice and hearing. N.D. Admin Code 43-02-02.2-63
Effective January 1, 2009.General Authority: NDCC 38-12-02
Law Implemented: NDCC 38-12-02