[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR440.148]

[Page 437]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 440--ORE MINING AND DRESSING POINT SOURCE CATEGORY--Table of Contents
 
                 Subpart M--Gold Placer Mine Subcategory
 
Sec. 440.148  Best Management Practices (BMP).

    The following best management practices are specific requirements 
which shall be included in each NPDES permit for all mining operations 
regulated under this subpart to the greatest extent applicable in each 
such mining operation.
    (a) Surface water diversion: The flow of surface waters into the 
plant site shall be interrupted and these waters diverted around and 
away from incursion into the plant site.
    (b) Berm construction: Berms, including any pond walls, dikes, low 
dams and similar water retention structures shall be constructed in a 
manner such that they are reasonably expected to reject the passage of 
water.
    (c) Pollutant materials storage: Measures shall be taken to assure 
that pollutant materials removed from the process water and wastewater 
streams will be retained in storge areas and not discharged or released 
to the waters of the United States.
    (d) New water control: The amount of new water allowed to enter the 
plant site for use in ore processing shall be limited to the minimum 
amount required as make-up water for processing operations.
    (e) Maintenance of water control and solids retention devices: All 
water control devices such as diversion structures and berms and all 
solids retention structures such as berms, dikes, pond structures and 
dams shall be maintained to continue their effectiveness and to protect 
from unexpected and catastrophic failure.