<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 26.20.21.10" title_num="26" subtitle_num="20" chapter_num="21" heading="Permanent and Temporary Impoundments.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Size and configuration of the impoundment will be adequate for its intended purposes;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Water level will be sufficiently stable and capable of supporting the intended use;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Final grading will provide for adequate safety and access for proposed water users;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Impoundment will be suitable for the approved postmining land use; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Temporary Impoundments. The Department may authorize the construction of temporary impoundments as part of a surface coal mining operation.</text>
  </paragraph>
</regulation>