(a) General--This article applies to all discharges of mining wastes. No SWRCB-promulgated parts of this subdivision except those in this article, Article 1 of Chapter 1 (i.e., § 20080 et seq.), and such provisions of the other articles of this subdivision as specifically are referenced in this article shall apply to discharges of “mining wastes” as that term is defined in § 22480. Mining Units (including surface impoundments, waste piles, and tailings ponds) which receive WDRs after November 27, 1984, shall comply with the siting and construction standards in this article. Existing active and inactive Mining Units shall comply with the siting and construction requirements of this article as required by the RWQCB. Dischargers shall submit a report of waste discharge in compliance with Article 4, Subchapter 3, Chapter 4 of this subdivision (§ 21710 et seq.), and shall have WDRs which implement the appropriate provisions of this article unless requirements are waived by the RWQCB. Requirements for new and existing Mining Units are summarized on Table 1.1 of this article. The RWQCB can impose more stringent requirements to accommodate regional and site-specific conditions.

(b) Dry Unit Liner/LCRS Exemption--A RWQCB can exempt a mining waste pile from the liners and leachate collection and removal systems required in this article if the discharger clearly demonstrates to the RWQCB that leachate will not form in or escape from that Mining Unit. The RWQCB can require extensive monitoring procedures in lieu of certain containment features. Contingency plans shall be developed and shall be implemented if monitoring indicates that the disposal procedures are inadequate.

(c) Exemptions Based On No/Little/Poor G.W.--The RWQCB can exempt a Group A or B (see § 22480 of this article) Mining Unit from certain provisions of this article if a comprehensive hydrogeologic investigation demonstrates that: