Section 69-05.2-16-11 - Performance standards - Hydrologic balance Toxic mine drainage The discharge of toxic mine drainage into ground and surface water must be avoided by:
1. Identifying, burying, and treating where necessary, spoil which, in the judgment of the commission, may be detrimental to vegetation or water quality. 2. Preventing water from coming into contact with spoil material that causes toxic mine drainage according to section 69-05.2-21-03 and other measures as required by the commission. 3. Burying or otherwise treating all spoil that causes toxic mine drainage within thirty days after it is first exposed, or within a lesser period required by the commission, except that temporary storage may be approved upon a finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage must be limited to the period until burial or treatment first becomes feasible. The spoil must be placed on impermeable material and protected from erosion and contact with surface water. N.D. Admin Code 69-05.2-16-11
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24