Section 69-05.2-16-05 - Performance standards - Hydrologic balance - Surface water monitoring1. Surface water monitoring must be conducted in accordance with the monitoring program and based on the probable hydrologic consequences determination submitted under section 69-05.2-08-04. The commission will approve the nature of data that relate to the hydrologic reclamation plan in section 69-05.2-09-12, frequency of collection, and determine reporting requirements. a. For locations in surface water bodies, such as streams, lakes, and impoundments, monitoring must: (1) Be adequate to measure accurately and record quantity and quality of discharges from the permit area and identify the extent to which mining affects water quality and quantity in the adjacent area. Water samples taken from all monitoring sites must be analyzed for the parameters specified in subdivision b of subsection 3 of section 69-05.2-08-07. Results must be submitted quarterly to the commission. (2) Be conducted to assure reliable test data according to existing standard procedures and analytical methods. b. For point source discharges, monitoring must: (1) Be conducted according to state department of health standards. (2) Result in notifying the commission within five days in any cases in which analytical results of the sample collections indicate noncompliance with a permit condition or applicable standard. Where a North Dakota pollutant discharge elimination system permit effluent limitation noncompliance has occurred, the operator or permittee shall forward the analytical results concurrently with the written notice of noncompliance. (3) Result in periodic reports to the commission. The operator or permittee shall submit to the commission a copy of the completed North Dakota pollutant discharge elimination system report form along with analytical results from each sample taken during the reporting period. The reports must be filed on the same time schedule as that required by the North Dakota pollutant discharge elimination system permit. Any sample results that indicate a permit violation must be reported to the commission as specified in paragraph 2. 2. If violation of a permit condition occurs, the operator shall, if appropriate, immediately take the actions provided for in subdivision a of subsection 3 of section 69-05.2-10-05 and subsection 2 of section 69-05.2-09-12. 3. After disturbed areas have been regraded and stabilized, the permittee shall continue to monitor surface water flow and quality within the permit and adjacent areas. Data from this monitoring may be used to demonstrate that the quality and quantity of runoff without treatment is consistent with the requirements to minimize disturbance to the prevailing hydrologic balance and attain the approved postmining land use. These data may also provide a basis for commission approval to remove water quality or flow control systems. 4. Equipment, structures, and other devices necessary to measure and sample accurately the quality and quantity of surface water discharges from the disturbed area must be properly installed, maintained, and operated and must be removed when no longer required. N.D. Admin Code 69-05.2-16-05
Effective August 1, 1980; amended effective May 1, 1990; June 1, 1997; May 1, 2001; March 1, 2004.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-27