Sec. 26.20.21.10. Permanent and Temporary Impoundments

A. Permanent Impoundments. A permanent impoundment of water may be created, if authorized by the Department in the approved permit, based upon a demonstration that the:

(1) Size and configuration of the impoundment will be adequate for its intended purposes;

(2) Quality of the impounded water will be suitable on a permanent basis for its intended use and after reclamation will meet applicable State and federal water quality standards;

(3) Discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable State and federal water quality standards;

(4) Water level will be sufficiently stable and capable of supporting the intended use;

(5) Final grading will provide for adequate safety and access for proposed water users;

(6) Impoundment will not result in diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

(7) Impoundment will be suitable for the approved postmining land use; and

(8) Vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of the highwall to provide adequate safety and access for the proposed water users.

B. Temporary Impoundments. The Department may authorize the construction of temporary impoundments as part of a surface coal mining operation.