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NATURAL AND FORMAL - LEGAL ASPECT OF THE ENVIRONMENTAL IMPACT ASSESSMENT OF THE PLANNED RECLAMATION OF MINING DAMAGE IN THE SZOTKOWKA VALLEY (SOUTHERN POLAND)
Abstract
Underground mining exploitation in the Upper Silesian Coal Basin results in lowering of a land surface. It has its environmental consequences. These processes favor the creation of wetlands and floodplains, which often help to increase biodiversity. However, progressive lowering of the land surface disrupts flow of rivers, force change of land use, and may lead to real risks for building facilities. Therefore, it is necessary to undertake reclamation works, which consist in filling depression area. All this leads to many environmental problems. The article deals with the problem of liquidation of mining damages, by using post-mining waste. It is based on a case study of a 1.5-kilometer stretch of the Szotkowka valley in Polomia (southern Poland), where the site was lowered and a still-developing floodplain of 21 ha has been created. According to the project, reclamation project will cover liquidation of the floodplain and reconstruction of the riverbed. Work performance will require the deposit of 2.2 million m3 of aggregate in the basin. The use of coal mine waste is planned. Static leaching tests carried out for Environmental Impact Assessment were the basis for recognizing that the material coming from the mines would not pose a threat to the soil and water environment. However, it was omitted that the obtained pollution leaching results were referred to the laboratory sample (90-100 g) only, not to 2.2 million m3 of post ? mining waste. The authors reinterpreted the results of the leaching tests, basing on the European standard EN 12457-4 [1]. They obtained results in mg/kg of a dry matter, and then they calculated the potential mass pollution which can be leached from the entire volume of the material which is planned to be used in engineering works. They also took into account the results of the monitoring of underground waters of the mining waste landfill "Pochwacie", which is situated opposite to the planned works, on the left bank of the Szotkowka River. The obtained results confirmed, that the negative impact of planned reclamation works on the soil and water environment will be significant. As a consequence, a new source of pollution of underground and surface waters will be created. This aspect has been completely neglected in the environmental impact assessment procedure. As part of the article, the authors also presented formal and legal conditions for using mining waste in the reclamation of the areas of mining damage. The results of the presented analyses made it possible to indicate several guidelines as the authors? proposal, and to introduce them into legal solutions in the scope of using post-mining waste for engineering works.
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