40 C.F.R. § 434.53

Effluent limitations guidelines representing the degree of effluent reduction attainable by application of the best available technology economically achievable (BAT)

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(a) Reclamation areas. The limitations of this subsection apply to discharges from reclamation areas until SMCRA bond release.

Except as provided in 40 CFR 125.30-125.32, and §§ 434.61 and 434.63(d)(2) of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by a point source subject to the provisions of this subsection after application of the best available technology economically achievable:

BAT Effluent Limitations
Pollutant or pollutant property	Limitations
Settleable solids	0.5 ml/l maximum not to be exceeded.

(b) Underground mine drainage. The limitations in this subsection apply to discharges from the underground workings of underground mines until SMCRA bond release.

(1) Except as provided in 40 CFR 125.30-125.32, and §§ 434.61, 434.62, and 434.63 of this part, the following limitations establish the concentration or quality of pollutants in acid or ferruginous mine drainage subject to the provisions of this subsection after application of the best available technology economically achievable:

BAT Effluent Limitations
Pollutant or pollutant property	Maximum for any 1 day	Average of daily values for 30 consecutive days
	Concentration in mg/l
Iron, total	7.0	3.5
Manganese, total	4.0	2.0

(2) Except as provided in 40 CFR 125.30-125.32, and §§ 434.61, and 434.63 of this part, the following limitations establish the concentration or quality of pollutants in alkaline mine drainage subject to the provisions of this subsection after application of the best available technology economically achievable:

BAT Effluent Limitations
Pollutant or pollutant property	Maximum for any 1 day	Average of daily values for 30 consecutive days
	Concentration in mg/l
Iron, total	7.0	3.5

Notes of Decisions

Cited in 1 case, 1990–1990 · leading case: Rybachek v. United States Env't Prot. Agency, 904 F.2d 1276 (9th Cir. 1990).

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Rybachek v. United States Env't Prot. Agency, 904 F.2d 1276 (9th Cir. 1990). “, 40 C.F.R. § 434.53 (a) (1989) (governing post-mining drainage in coal mining).”

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