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Section 816.42(b) Continued. <br />Kerr Coal understands that it will not be responsible under 30 CFR <br />816.42 for discharges which are exempt under the regulations of the <br />United States Environmental Protection Agency. <br />(c) Adequate facilities shall be installed, operated, and maintained to <br />treat any water discharged from the disturbed area so that it complies <br />with all Federal and State laws and regulations and the limitations of <br />this Section. If the pH of water to be discharged from the undisturbed <br />area is less than 6.0, an automatic lime feeder or other automatic <br />neutralization process approved by the regulatory authority shall be <br />installed, operated, and maintained. The regulatory authority may <br />authorize use of a manual system, if it finds that-- <br />(1) Flow is infrequent and presents small and infrequent treatment <br />• requirements to meet applicable standards which do not require use of an <br />automatic neutralization process; and <br />(2) Timely and consistent treatment is ensured <br />Drainage from the mine plan or tipple area, after treatment in <br />sedimentation ponds, is not anticipated to exceed the Office of <br />Surface Mining effluent limitations listed in 30 CFR 816.42 (a)(7), <br />or any other applicable federal or state water discharge, quality <br />limitations or requirements. Water treatment facilities will be used <br />as necessary to meet such standards. Historically, Kerr Coal has <br />experienced no pH problems with water discharging from its mining <br />operations. As documented by the NPOES reports submitted to the <br />Colorado Department of Health, Water Quality Control Division, and to <br />the U.S. Environmental Protection Agency; and set forth in Table 14, <br />Kerr Mine Area Surface Mater Quality Data, and in Table 10, Kerr <br />Tipple Area Water Quality Data, pH values of water samples <br />816-36R <br />Revised - January, 1991 <br />