Current through Register Vol. XLI, No. 37, September 13, 2024
Section 38-2F-8 - Remediation8.1. For all non-exempt coal mining operations, The Secretary may conduct or order other persons to conduct remedial actions which are appropriate to the type and extent of contamination, and which are subject to applicable permit conditions and variances and deviations from existing water quality and water quality standards that are allowed under the Act. The Secretary encourages agreements for investigation and cleanups in appropriate cases.8.2. The use of permanent solutions to the maximum extent practical to correct groundwater contamination is preferred.8.3 Cleanup actions shall not rely primarily on dilution and dispersion of the substance if active remedial measures are technically and economically feasible, as determined by the Secretary. Natural attenuation of groundwater contamination may be an appropriate remediation response.8.4 Adequate groundwater monitoring shall be conducted to demonstrate control and containment of the substance. The Secretary shall specify which parameters should be monitored in a remedial operation. The groundwater monitoring must continue until results assure adequate remedial action was taken.8.5. In addition to any required remediation, the Secretary may order the facility or activity to mitigate or compensate for the loss of beneficial use of groundwater, or for any significant adverse impact to groundwater.