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<br />TecIIaical Interpretation-- po¢er Basins <br />Aestern Support Center, August 0, 1994 <br />The regulations at 30 CFR 701.5 state that the definition of <br />impoundmsrt means "all water, sediment, slurry or other liquid or <br />semi-liquid holding structures ana depressions, either naturally <br />formed or artificially built." In this context, it would appear <br />that dozer basins meet this definition and therefore would have <br />to meet the requirements of 30 CFR 780.25, 816.49.and perhaps <br />816.46 in certain circumstances. <br />This definition of impoundments is broad and does not include a <br />size or a function criterion. The regulations at 30 CFR 816.56 <br />(POStmining rehabilitation of sedimentation ponds, diversions, <br />impoundments, and treatment facilities) also apply the defi~iition <br />broadly; it states: "(a) small depression which is capable of <br />holding water would be an impoundment" in a reclaimed area, and <br />would have to meet permanent impoundment requirements (48 FR <br />.4002). <br />However, it would appear that other regulations would allow the <br />regulatory authority (RA) to consider the purpose of the <br />structure when making a decision as to whether or not it is <br />regulated as an impoundment, For example, the preamble to the <br />Pinal rule 30 CI'R 816.45 (44 FR 15158) described "sediment <br />control measures to be utilized in coa'uaction with sedimentation <br />ponds as best technology currently availab e o achieve and <br />maintain the water. quality standards of the Act" suggesting that <br />sediment control measures (SCM's) should be considered something <br />Wither than impoundments (enphasis adde e rule contains a <br />'1 is o SC s i u~ es cheer'dams and dugout ponds, measures <br />that inherently impound water and would otherwise meet the broad <br />definition of an impoundment. <br />This discretion is also supported by the preamble discussion <br />contained in the September 26, 1989, rulemaKing, approving the <br />definitions of Impoundments and Sedimentation Ponds (48 FR <br />x3996). With respect to sedimentation ponds, this find] rule <br />stated that "the definition (of sediment pond) has been <br />simplified by rewording, removing reference to 816.46 [hydrologic <br />Balance: Siltation structures), which was unnecessary and <br />removing the list of secondary sediment control structurex. <br />Secondary sediment control structures, such as straw dikes, <br />rip c. ec ems, or mulches:.-are not ~.mooundments and thus are <br />not sedim~onds under the new definition, even with an express <br />exclusion." This listing of secondary measures as well as dugout <br />-~ond::, sediment filters and other measures that reduce over an <br />?T_aw=.ue oci.ty, re use volume or. "trap sediment are now contained <br />in 30 CFR 816.45, Hydro 'Z-bnlaflcer-SeBiment control~meas <br />'fo be consi.tent with these rules, dozer. basins should be treater <br />as a S~,only s~o loner ns they meet the above stated requir•ementr:. <br />