Question # 334

334. A facility dewaters its underground mine and places the water in a surface impoundment. Are toxic chemicals in the water eligible for the intake water exemption and are they exempt from release and other waste management reporting?
No, because the facility is not otherwise using the water drawn from the underground mine, the intake water exemption does not apply. In this scenario, the facility is simply disposing of the water containing these chemicals drawn from materials on-site, and therefore, the facility is not manufacturing, processing, or otherwise using chemicals and amounts of these toxic chemicals would not count toward thresholds. However, the facility is disposing of these chemicals and if a threshold is exceeded elsewhere at the facility for one of the same chemicals, then the facility would be required to report the amounts released to the surface impoundment.