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1 b Ground water Hydrelogicaily Connected to Sur!ace water <br /> (including sgepsa ^� <br /> For the past several years EPA, Region vI:I , r.as been more <br /> closely evaluating NPDES compliance at mines Although we <br /> found that substantial progress has been rrade in controlling <br /> surface water pollution from obvious discharge points , we <br /> still found serious water quality problems at some mines . <br /> Environmental data collected around these mining sites <br /> confirmed that the CWA goals of fishable and swimmable <br /> surface water were still not being achieved . In searching <br /> for this source of surface water pollution, EPA and the <br /> States found that pollutants from some mining sites are <br /> moving into the ground water and then into nearby surface <br /> water, <br /> Upon determining that significant pollutants were being <br /> discharged from mines via ground water or less obvious <br /> points sources, EPA and the States began reevaluating mires <br /> We found some mines had seeps or other ground water <br /> discharges to surface water which were not authorized in the <br /> facility' s NPCES permit . There were also some mines withcu, <br /> an NPDES permit which had claimed to be "non dischargina - <br /> However, upon. inspection, these facilities were found to to <br /> discharging through seeps and water control structures . <br /> These facilities are now being required to obtain NPDES <br /> permits covering all outfalls including ground water <br /> discha'iges determined to be hydrologically donnected to <br /> surface water. <br /> As a result of these permit and enforcement actions, EPA has <br /> been reevaluating thy_ definition ¢�_"per Douce to <br /> require NPDES discharge__permits—_for seeps and other less <br /> obvious discriaar.gees . It is therefore, EPA' s position that <br /> seeps other ground water discharges hy_ologigally <br /> connectet3''t_ o surface water. from mine, _Q„ZLhSz�ar,Live ..9F <br /> a�ancioned�, are discharges from ppn��,ctu �e�_ and are subject <br /> to rcgtz2a2ion tTiroug an NPDES p Current EPA policy, <br /> as atigiiiented' by several lawsuits, indicates that it is more <br /> the mime or the facility itself that is subject to NPDES <br /> regulations . Therefore, any seeps coming from identifiable <br /> sources of pollution ( i . e . , mine workings, land applicat :c^ <br /> sites, ponds, pits , etc . , ) would need to be regulated by <br /> discharge permits . One important case is United States <br /> Earth Sciences , Inc . , 599 F. 2d 368 ( 10th Cir 1979 ; T� <br /> case concluded that the facility from Which the <br /> contamination came was itself a point source Another <br /> important court case is McClellan Ecological Seepagg <br /> situation v. Wei nb r, 107 F. Supp. 1182 (E , p . Cal . 1988 <br /> where the court fcund that Congress intended to 1�c,it <br /> discharges of pollutants that could affect surface water and <br /> that NPDES permits could be required, where the ground wacav <br /> 2 <br />