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r1 <br />`..J <br />Section 816.52 (b) Continued. <br />sect to regulation by a NPDES permit issued under the Clean Water Act of <br />1977 (30 U.S.C. Sec. 1251-1378) and where such permit includes provis- <br />ions for equivalent reporting requirements and requires filing of the <br />water monitoring reports within 90 days or less of sample collection, <br />the followiag alternative procedure shall be used. The person who con- <br />, ducts the surface mining activities shall submit to the regulatory <br />authority on the same time schedule as required by the NPDES permit or <br />within 90 days following sample collection, whichever is earlier, <br />either-- <br />(A) A copy of the completed reporting form filed to meet NPDES permit <br />requirements; or <br />(B) A letter identifying the State or Federal government official with <br />whom the reporting form was filed to meet NPDES permit requirements and <br />the date of filing. <br />(2) After disturbed areas have been regraded and stabilized according <br />to this Part, the person who conducts surface mining activities shall <br />monitor surface water flow and quality. Data from this monitoring may <br />be used to demonstrate that the quality and quantity of runoff without <br />treatment is consistent with the requirements of this Part to minimize <br />disturbance to the prevailing hydrologic balance and attain the approved <br />postmining land use. These data may also provide a basis for approval <br />by Lhe regulatory authority for removal of water quality or flow control <br />systems. <br />(3) Equipment, structures, and other devices necessary to measure and <br />sample accurately the quality and quantity of surface water discharges <br />from the disturbed area shall be properly Installed, maintained, and <br />operated and shall be removed when no longer required. <br /> <br />816-77 <br />