§ 88.507. Treatment of discharges.

 (a)  Except for preexisting discharges which are not encountered during mining or the implementation of the abatement plan, the operator shall comply with § §  88.92 and 88.187 (relating to hydrologic balance: effluent standards; and hydrologic balance: effluent standards).

 (b)  The operator shall treat the preexisting discharges which are not encountered during mining or implementation of the abatement plan to comply with the effluent limitations established by best professional judgment. The effluent limitations established by best professional judgment may not be less than baseline pollution load. If the baseline pollution load when expressed as a concentration for a specific parameter satisfies the effluent limitations at § §  88.92 and 88.187 for that parameter, the operator shall treat the preexisting discharge for that parameter to comply with effluent limitations established by best professional judgment or the effluent limitations at § §  88.92 and 88.187.

 (c)  For purposes of subsections (a) and (b), the term ‘‘encountered’’ may not be construed to mean diversions of surface water and shallow groundwater flow from areas undisturbed by the implementation of the abatement plan which would otherwise drain into the affected area, so long as the diversions are designed, operated and maintained under § §  88.95(b) and 88.190(b) (relating to hydrologic balance: diversions).

 (d)  An operator required to treat preexisting discharges will be allowed to discontinue treating the discharges under this section when the operator affirmatively demonstrates to the Department’s satisfaction that:

   (1)  The preexisting discharges are meeting the effluent limitations established by subsection (b) as shown by groundwater and surface water monitoring conducted by the operator or the Department.

   (2)  Surface coal mining activities under the permit—including the pollution abatement area—are being or were conducted in accordance with the requirements of the permit and the authorization, Chapter 86 (relating to surface and underground coal mining: general) and this chapter, except as specifically modified by this subchapter.

   (3)  The operator has implemented each step of the abatement plan as approved in the authorization.

   (4)  The operator did not cause or allow additional groundwater degradation by reaffecting the pollution abatement area.

 (e)  If after discontinuance of treatment of discharges under subsection (d) the discharges fail to meet the effluent limitations established by subsection (b), the operator shall reinstitute treatment of the discharges in accordance with subsection (b). An operator who reinstitutes treatment under this subsection will be allowed to discontinue treatment if the requirements of subsection (d) are met.

 (f)  Discontinuance of treatment under subsection (d) may not be deemed or construed to be or to authorize a release of bond under §  88.509 (relating to criteria and schedule for release of bond on pollution abatement areas).

   The provisions of this §  88.507 adopted June 28, 1985, 15 Pa.B. 2377, effective March 8, 1986, 16 Pa.B. 673; amended June 15, 1990, effective upon publication of notice in the Pennsylvania Bulletin that the amendments have been approved by the OSM, 20 Pa.B. 3383; corrected August 16, 1991, effective upon publication of notice in the Pennsylvania Bulletin that the amendments have been approved by the OSM, 21 Pa.B. 3697. See 21 Pa.B. 3316 (July 27, 1991) for OSM approval deferment; amended March 20, 1992, effective August 17, 1991, 22 Pa.B. 1260. Immediately preceding text appears at serial pages (158982) to (158983).

   This section cited in 25 Pa. Code §  86.159 (relating to self-bonding); and 25 Pa. Code §  88.509 (relating to criteria and schedule for release of bonds on pollution abatement areas).