COALEX REPORT 111

	Coalex Report 111

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   
COALEX STATE INQUIRY REPORT - 111
October 23, 1989

Christine Stein-Koenig, Esquire
Maryland Department of the Environment
Office of the Attorney General
2500 Broening Highway
Baltimore, Maryland 21224

TOPICS: 
I    TERMINATION OF JURISDICTION
II   WETLAND TREATMENT OF ACID MINE DRAINAGE
III  ACID MINE DRAINAGE OFF THE PERMIT AREA

INQUIRIES: 
I    When does the state's authority over a surface mining operation end? After release of the
     reclamation bond?
II   What information is available on the use of wetland filters as a means of treating acid
     mine drainage? 
III  Are there any Interior Office of Hearings and Appeals (OHA) decisions on acid mine water
     draining beyond the permit boundary? 

SEARCH RESULTS: Research was conducted using the COALEX Library, as well as other legal,
administrative and published materials in LEXIS. Items identified during the research are
discussed below. Copies are attached.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I TERMINATION OF JURISDICTION: 30 CFR Sec. 700.11(d).

   On November 2, 1988, OSM issued a final rule clarifying "the circumstances whereby a
regulatory authority may terminate regulatory jurisdiction under a regulatory program" approved
under SMCRA (53 FR 44356). As described in the preamble:

"This final rule requires the regulatory authority either to make a written determination that the
permittee has met all reclamation requirements, or to decide to release fully a permanent
program performance bond before regulatory jurisdiction over the reclaimed site of a completed
surface coal mining and reclamation operation, or increment thereof, or of a coal exploration can
be terminated."

"The regulatory authority is vested with the authority to determine that reclamation has been
completed."

"An operator's obligations...and regulatory authority jurisdiction...simultaneously terminate at the
time of proper final bond release...because the period of extended responsibility will have run, all
reclamation obligations will have been met successfully and, by definition in the statute, as
surface mining and reclamation operation no longer exists. Liability...for a failure of reclamation,
however, may be subject of a Secretarial or regulatory authority inquiry or a civil suit...[A]
regulatory authority will be required to reassert jurisdiction if it can be shown that the bond
release was based upon fraud, collusion, or any other misrepresentation of a material fact at the
time of bond release."

===========================================================

II WETLANDS TREATMENT OF ACID MINE DRAINAGE.

DIRECTIVE: "Use of Wetland Treatment Systems for Coal Mine Drainage", Transmittal No. 468,
Subject No. TSR-10 (September 8, 1988).
   This directive established guidelines for the use of wetlands.

1. Wetland treatment system is defined as: "A passive biological effluent treatment system
consisting of a shallow depression or impoundment or series of such depressions or
impoundments designed and constructed to support hydrophilic vegetation for the purpose of
removing dissolved metals [and] otherwise improving discharge quality."

2. These "dynamic organic systems" can be a "low-cost means of treating acid mine drainage";
however, their effectiveness is "highly dependent on maintenance of controlled inflow volumes
and velocities, circulation patterns and water depth...In addition, the capacity of any wetland for
removal of dissolved metals may be finite."

3. A wetlands treatment system "must be supported by an operable chemical or other
conventional treatment system" which can be activated in the event that the wetlands system
cannot "adequately treat the discharge". 


45 FR 49872 (JULY 25, 1980) and EXECUTIVE ORDER NO. 11990, 42 FR 26961 (MAY 25, 1977).
   Both of these documents focus on the protection of existing wetlands.


ARTICLES FROM COAL AND RELATED PUBLICATIONS

Chironis, "Mine-Built Ponds Economically Clear Acid Mine Waters", Coal Age, Jan., 1987, at 58.
"New studies show that properly designed and constructed wetlands outfitted with cattails and
other marsh plants can efficiently and inexpensively treat discharges of acid mine water."


"Nature Treats Tainted Runoff", Engineering News-Record, Sept. 17, 1987, at 26.
"[T]he Tennessee Valley Authority is creating larger projects to microbiologically treat seepage
from ash generated by its coal-fired powerplants."


"Moss Tested to Remove Manganese from Mine Drainage", Coal Age, Sept., 1984, at 28.  
   John Burris, a researcher at Pennsylvania State University, is experimenting with the use of
sphagnum moss in settling ponds to remove manganese and iron from mine water discharges.


Chironis, "R & D Aims at Safer, Faster Mining", Coal Age, Feb., 1984, at 60.
"The Bureau of Mines' [research and development] programs will pay off well in 1984 with
practical innovations. But the bureau is being restricted to more basic research."


"Build Your Own Bog to Neutralize Acid Mine Drainage", Coal Age, June, 1983, at 77.
   Gerald Lang and R. Kelman Wieder, researchers at West Virginia University, are seeking "an
expensive way to neutralize acid-laced water from coal mines."


"Use of Wetlands May Solve Acid Mine Drainage Problem", Coal Week, Nov. 22, 1982, at 3.
   Gerald Lang was awarded a grant to "examine the use of natural and artificial freshwater
wetlands in controlling acid mine drainage."


"Stopping Acid Mine Drainage", Chemical Engineering, Nov. 1., 1982, at 35.
"Bacteria and chemicals are featured in new methods for checking water pollution caused by
drainage from coal mines in Pennsylvania, Ohio and West Virginia."

===========================================================

III Acid Mine Drainage Off the Permit Area

BLACK FOX MINING & DEVELOPMENT CORP., 2 IBSMA 110, IBSMA 80-28 (June 6, 1980) and
BLACK FOX MINING & DEVELOPMENT CORP. v OSM, Docket No. CH 9-172-R (Jan. 28, 1980).
   The Interior Board of Surface Mining and Reclamation Appeals affirmed the Administrative Law
Judge's finding that OSM had shown that "surface drainage left the permit area."

[NOTE: Additional information on "mining off the permit area" may be found in State Inquiry
Reports 105 ("Bond forfeiture - relationship of bond to permitted area") and 102 ("Forfeiture of
reclamation bonds; liability period").]


ATTACHMENTS
A.   53 FR 44356 (NOVEMBER 2, 1988).
B.   DIRECTIVE, "Use of Wetland Treatment Systems for Coal Mine Drainage", Transmittal No.
     468, Subject No. TSR-10 (September 8, 1988). 
C.   45 FR 49872 (JULY 25, 1980).
D.   EXECUTIVE ORDER NO. 11990, 42 FR 26961 (MAY 25, 1977).
E.   Chironis, "Mine-Built Ponds Economically Clear Acid Mine Waters", Coal Age, Jan., 1987,
     at 58.
F.   "Nature Treats Tainted Runoff", Engineering News-Record, Sept. 17, 1987, at 26.
G.   "Moss Tested to Remove Manganese from Mine Drainage", Coal Age, Sept., 1984, at 28.
H.   Chironis, "R & D Aims at Safer, Faster Mining", Coal Age, Feb., 1984, at 60.
I.   "Build Your Own Bog to Neutralize Acid Mine Drainage", Coal Age, June, 1983, at 77.
J.   "Use of Wetlands May Solve Acid Mine Drainage Problem", Coal Week, Nov. 22, 1982, at
     3.
K.   "Stopping Acid Mine Drainage", Chemical Engineering, Nov. 1., 1982, at 35.
L.   BLACK FOX MINING & DEVELOPMENT CORP., 2 IBSMA 110, IBSMA 80-28 (June 6, 1980).
M.   BLACK FOX MINING & DEVELOPMENT CORP. v OSM, Docket No. CH 9-172-R (Jan. 28,
     1980).


Research conducted by: Joyce Zweben Scall

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