CHAPTER 9 PROTECTION OF GROUND WATER IN NEVADA FROM IMPACTS BY MINING
Jurisdiction | United States |
(May 1991)
PROTECTION OF GROUND WATER IN NEVADA FROM IMPACTS BY MINING
Nevada Division of Environmental Protection Bureau of Mining Regulation and Reclamation
Carson City, Nevada
INTRODUCTION
Impacts to ground water from mining are being comprehensively regulated in Nevada through specific requirements for design, construction, operation, permitting and closure. This program is the nation's most comprehensive for control of activities at mining operations which have the potential to cause groundwater degradation. It encompasses virtually all types of facilities, including placer, physical separation, flotation, testing, leaching and milling. Minimum design requirements are established by regulation, and must be met by each facility. Site-specific monitoring requirements are established for each facility, and are heavily emphasized. Regulatory and technical requirements and relevant permit conditions are presented and discussed.
BACKGROUND
Groundwater legislation in Nevada began with the enactment of the Nevada Water Pollution Law in 1973. This statute was enacted to: maintain the quality of the waters of the state consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of the state; and encourage and promote the use of methods of waste collection and pollution control for all significant sources of water pollution (including point and diffuse sources). This act is administered by the Nevada Division of Environmental Protection (NDEP).
On May 2, 1978, the Nevada State Environmental Commission (SEC) adopted regulations for water pollution control. These regulations were developed and adopted pursuant to enactment of the Nevada Water Pollution Control Law (Nevada Revised Statutes (NRS) 445.131 to 445.354, inclusive) and the Clean Water Act (33 U.S.C. §§ 1251 et seq.). They established requirements for protection of "waters of the state", which includes all streams,
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lakes, ponds, impounding reservoirs, marshes, water courses, waterways, wells, springs, irrigation systems and drainage systems. Also included are all bodies or accumulations of water, surface and underground, natural or artificial. And, they provided the basis for a groundwater quality management program that would be implemented through a "zero discharge" permitting system.
From May 2, 1978 to May 5, 1989, this program was used to regulate groundwater impacts by the mining industry. Unfortunately, the program was geared toward protecting "waters of the state" from impacts from other types of industries, such as wastewater treatment plants, and those whose discharges required pretreatment or were subject to surface water quality standards. Because a "zero discharge" standard of performance was used at mining operations, these requirements did not adequately address the state's needs for this industry. As a result, a regulatory development program was undertaken to establish requirements specific to the mining industry, and their potential to degrade "waters of the state".
Work on this program began in November, 1987. In order to be sure the needs of all regulated parties were addressed, committees were formed which consisted of representatives from the Nevada Mining Association, the Nevada Small Miner's and Prospector's Association, the Nevada Department of Minerals, the Sierra Club and the Division of Environmental Protection (NDEP). Input from all parties was solicited for consideration. At the time of promulgation of the new requirements, which occurred on May 5, 1989, and after an extensive public participation process, all parties were in agreement with the regulatory language. These regulations are now referred to as "Regulations Governing Design, Construction, Operation and Closure of Mining Operations", and are contained in Nevada Administrative Code (NAC) 445.242 through 445.24388, inclusive. In addition to prohibiting violation of state...
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