Mine Water and the Environment (2022) 41:280–291 https://doi.org/10.1007/s10230-021-00842-7 TECHNICAL COMMUNICATION Closure of German Hard Coal Mines: Effects and Legal Aspects of Mine Flooding Marion Stemke1 · Georg Wieber1 Received: 1 February 2021 / Accepted: 19 November 2021 / Published online: 18 December 2021 © The Author(s) 2021 Abstract Following the closure of the last hard coal mines in Germany, pumping is no longer necessary. However, the resulting rise of mine water can affect the environment. Laws have been enacted at the European and national level to protect proper- ties. Within the framework of the approval procedure, it must be determined whether the cessation of pumping may cause unacceptable effects, including water pollution. With regard to water protection, the European Union has issued the Water Framework and Groundwater Directives, which have been implemented into German national law. These contain the prohi- bition of deterioration and the requirement for improvement, with the aim of maintaining or achieving good ecological and chemical status. However, before the target mine water level is reached, the water does not need to comply, since although the pumps are switched off, no mine water is being discharged. This also rules out permit requirements, which only go into effect when the target mine water level has been reached and mine water is discharging. Obviously, however, detailed plan- ning before then is necessary. Keywords Legislation · Mine water · Mine water discharge · Environmental quality standard Introduction impact assessment of new projects and modifications. If a project has a substantial environmental impact, it is referred Most developed countries have established detailed require- to Australia’s EPA for review. The largest share of control of ments and procedures for mine closure, though some coun- the mining industry belongs to the Ministry of Minerals and tries have few or no applicable laws, regulations, standards, Energy (Morrison-Saunders et al. 2016). or norms (Blommerde et al. 2015). In Australia, for example, In the Federal Republic of Germany, the last hard coal individual states and territories are responsible for mining, mines (Fig. 1) were closed in 2012 (Saarland) and 2018 rehabilitation, and mine closure, including the adoption of (Ruhr area and Ibbenbüren), which eliminated the need for individual laws, regulations, and guidelines. Industry and dewatering. Until the 1950 s, the flooding of mines in Ger- government agencies have established policies, principles, many usually took place without planning or consideration and guidelines for mine closure (Morrison-Saunders et al. of extensive environmental damage (Kroll et al. 2005). Since 2016) and the country has enacted legislation with mine then, numerous laws, ordinances, and regulations have been closure requirements. However, the legislation is not written enacted to protect the environment. as stand-alone laws. For example, laws on mine closure are The paper is intended to explain the German legal situa- either enacted as part of the mining sector or through specific tion and its interpretation with regard to potential environ- environmental laws that apply to the mining sector (Kabir mental impacts caused by mine flooding. In the last three et al. 2005). This includes the Environment Protection and mining districts is the Ruhr area (Fig. 1), the surface has sub- Biodiversity Conservation Act (EPBC 1999), which pro- sided by more than 25 m (Harnischmacher et al. 2010). To vides a uniform national framework for the environmental cope with the eternal burdens of coal mining, a “Erblasten- vertrag” (legacy agreement) was concluded in 2007 between the RAG Foundation and the federal states of North Rhine- * Marion Stemke Westphalia and Saarland. In this agreement, the long-term mstemke@uni-mainz.de liabilities of the mining industry are described in a report 1 (KPMG 2006) as: (a) measures of mine water management; Johannes Gutenberg-University, 55099 Mainz, Germany V1ol :.3(1234567890) Mine Water and the Environment (2022) 41:280–291 281 Schleswig- Holstein Mecklenburg- West Pomerania Hamburg Norway Bremen N Sweden Lower Saxony Denmark BerlinIbbenbüren Brandenburg Saxony- Ruhr area Anhalt ds rla n North Rhine- eth e Poland Westphalia Saxony N Be Thuringialg Germanyium HesseCzech Republic Luxemburg Rhineland- Slovakia Palatinate Lichtenstein Austria Hungary France Switzerland Saarland Slovenia Italy Croatia Saar area Bavaria 400 km Baden- Wuerttemberg 100 km Fig. 1 Location of the last German hard coal mines (b) groundwater treatment measures at contaminated sites; drained to counteract large-scale water impoundment (no. 1 and (c) measures particularly pertaining to low-lying land in Fig. 2) at the surface. The subsidence has also led locally (polder), to manage, deal with, and/or remediate permanent to changes in the gradient, up to and including a reversal of mining damage due to subsidence. the flow direction of streams due to the change in terrain. Coal mining and associated pumping substantially In this case, pumps at the deepest point of the watercourse changed geological and hydrogeological conditions to ensure that the original direction of water flow is maintained. depths > 1600 m and lowered the groundwater table below On larger watercourses, it may also be necessary to raise the working faces. The adits and shafts cross the predomi- dikes to protect against flooding. Regulation of ground water nantly low-permeability Carboniferous rock, allowing high levels in polder areas are long-term liabilities. If all polder flow velocities across geological barriers. The seepage and pumps were switched off, the Ruhr area, with an area of groundwater that flowed into (or would have flowed into) the ≈ 4450 km², would be largely flooded, with ≈ 5.3 million mine workings was discharged into the surrounding water inhabitants affected. bodies (e.g. rivers). In addition, mining loosened the rock Mine water flooding could reverse the previous subsid- and caused subsidence (Li et al. 2018; Marts et al. 2014). ence processes in some places, resulting in uplift, but to a After closure, there is no need for further dewatering of lesser extent (no. 2 in Fig. 2). Uplifts could be observed in the mines. Therefore, the water level rises in the abandoned the Wittener Mulde, the South Limburg mining area, as well mine workings. In some mining areas, particularly in the as in Erkelenz and Aachen. Uplift is caused by two different Ruhr area, this process could affect natural and constructed processes: expansion processes that occur during flooding areas (Fig. 2). in the loosened carboniferous rock and due to pore pressure As a result of coal mining and the associated lowering of changes in the overlying overburden. So far, uplift attributed ground water levels, the Ruhr area, in contrast to the moun- to mine flooding has been in the range of 0.2 to 0.3 m, which tainous regions of Saarland and Ibbenbüren, has locally corresponds to an average of 0.3% of mining-related subsid- subsided by more than 25 m (Harnischmacher 2010). The ence (Rosner et al. 2014; Vervoort and Declercq 2018). resulting depressions (polder areas) must be permanently 1 3 282 Mine Water and the Environment (2022) 41:280–291 11 recreation area mining subsidence 9 protected areas agriculture mine water 2 polder area 10 8 discharge 1 6 river 3 loose rock drinking water 5 4 not permanently backfilled civil stable filled shaft overburden engineering shaft carboniferous rock 7 rock loosening planned mine water level mine water hoisting pump current mine water level 1 polder measures 2 uplift and subsidence 3 methane and radon emissions 4 drinking water protection 5 soil protection 6 surface water protection 7 geological processes (seismicity) 8 shaft protection 9 influences on protected goods 10 flora and fauna habitats (FFH) 11 emission and immission Fig. 2 Illustration of possible effects of mining High concentrations of methane (no. 3 in Fig. 2) and geo- accumulations of potentially problematic substances. Dur- genic radon occur in mine workings. These gasses could ing mine flooding, efflorescent salts formed in the aerobic be emitted by the rebounding mine water along fault zones environment dissolve, which can (temporarily) change the that intersect the surface. However, no increase of outgas- mine water chemistry (Sengupta 1995). sing was shown during previous mine water rises (Melchers Due to the rising mine water level, rock stresses can et al. 2014). occur from pore pressure increases. If these are suddenly Further effects depend on the mine water level. In the case discharged, micro-earthquakes (no. 7) can occur. Previous of a high-water level, the risk of impairments to the upper calculations and experience show that the magnitude of (used) aquifers, drinking water protection areas (no. 4), and flooding-induced seismic events are considerably less than soils (no. 5) cannot be excluded. The rising, deep ground- those that sometimes occur during mining. For example, the water is mostly anaerobic, often highly mineralised, and probability that only magnitudes up to 3.2 (Richter scale) may have elevated barium concentration and other geogenic 1 3 fault zone nted overpri e fault zo n Mine Water and the Environment (2022) 41:280–291 283 will occur during flooding of the Saar mines was determined against pollution and deterioration” (Groundwater Directive to be 99.9% (Alber 2016, 2020). or GD), and Directive 2008/105/EC “on environmental qual- Possible effects on mine shafts and openings must also be ity standards in the field of water policy” (Environmental considered. Current mine closure practices secure shafts (no. Quality Standards Directive or EQS), which sets the envi- 8) with cohesive filling columns. Prior to the mid-1970 s, ronmental quality standard for priority substances and cer- shafts were (partially) backfilled with uncompacted loose tain other pollutants. The European Directives have been material. There were also no standards or binding speci- implemented into German national law: the Wasserhaush- fications for covering the shafts during this period. These altsgesetz (WHG), the Grundwasserverordnung (GrwV), columns can become wet as the groundwater rises, which and the Oberflächengewässerverordnung (OGewV: Surface could trigger mass movements. If this scenario occurs, the Water Ordinance). The federal German states have in turn shaft cover at the shaft head could fail, leading to subsidence implemented them into state laws and are responsible for the or sinkhole funnels at the surface (Bekendam et al. 1995; permits and their monitoring. Preuße et al. 2007). The potentially problematic aspects described so far require special attention and must be checked for harmless- General Information ness in accordance with applicable legal requirements. How- ever, the positive effects that can occur during mine flooding The term mine water is used herein to describe “all water must also be mentioned. that is or was in contact with underground and open-cast As explained above, the discharge of mine water can mines” (Burghardt et al. 2017). It is a mixture of ground- affect the biological and chemical quality of surface water water, formation water, seepage water, and process water, (no. 6). During flooding, the mine water increasingly which flows into the mine workings and collects there. receives low mineralised water; as a result, the overall min- Depending on its origin and composition, the mine water eralisation of the mine water and the load on rivers from the corresponds to the natural groundwater quality, but may discharge can decrease. The closure of dewatering systems also contain impurities. Regionally, for example in the Ruhr can relieve rivers over a length of ≈ 240 km. These include, area, high-saline mine water occurs with a proportion of in particular, the Emscher and tributaries of the Saar (RAG ascending deep water. Likewise, mine water may contain AG 2016). anthropogenic contamination, such as the hydraulic fluids Mine flooding is legally permissible only up to the level (PCBs) used in mining. at which adverse effects on the protected assets can largely In Germany, mine water is not legally defined as waste- be ruled out (minor negative effects are permissible pro- water (Wolkersdorfer 2005) if it is not altered by human use vided that proportionality is observed). The objects to be before it is discharged into other water. Nor does mine water protected are: (1) people, in particular human health; (2) ani- become wastewater if it is contaminated with dissolved salts mals, plants and biodiversity (no. 10); (3) area, soil, water, or non-organic substances that were dissolved during infil- air, climate and landscape; (4) cultural heritage and other tration from natural rock (ERMITE 2004; Vogt 2020). The material assets; and (5) the interaction between the above- legal bases for these statements are based on European, mentioned objects of protection. country-specific, and regional legislation, with European Pumping of mine water is energy-intensive and therefore legislation being transposed into national law. causes high C O2 emissions (no. 11). Closure means that it is Mine drainage is part of the operational planning pro- no longer necessary to lower the groundwater table to such cess in active coal mining. Not only the construction and great depths, which reduces adverse environmental impacts operation, but also the decommissioning by means of a final and lower costs. operating plan must comply with the Bundesberggesetz (BBergG: Federal Mining Act). The operating plan is subject to licensing if no effects harmful to the community are to be Legal Framework expected. According to decisions of the Federal Administra- tive Court and Higher Administrative Court (BVerwG 1995 The legal framework for mine water collection and discharge and 2014; OVG Münster 2012), this also includes issues of comprises European, national, and state-specific legislation water pollution control. As part of the approval procedure, (Fig. 3). European legislation is adopted by the European it must be determined that harmful effects, including water Parliament and Council in the form of directives. These pollution, can be ruled out if mine water management is include, among others, Directive 2000/60/EC “establishing discontinued (Jordan et al. 2017). a framework for Community action in the field of water pol- In addition to the approval of the operational plan, per- icy”, also known as the Water Framework Directive or WFD, mits are required for both water use and discharge and the Directive 2006/118/EC “on the protection of groundwater achievement of good ecological and chemical status of water 1 3 284 Mine Water and the Environment (2022) 41:280–291 Fig. 3 Legal framework bodies should be a management objective. Deviations from have been approved by the responsible authority. This means these objectives are only permitted if “the water are so that the cessation of mine dewatering is subject to approval adversely affected by human activities or their natural con- under the mining law. Approval of a business plan should ditions are such that achievement of the objectives is impos- be granted if no harmful effects on the community are to be sible or would entail disproportionate effort” (Wieber 2013). expected, but the final operating plan for the discontinuation The WHG distinguishes between two types of use, genu- of an operation must also contain proof that the require- ine and non-genuine use of water bodies. In the case of genu- ments specified in the law are fulfilled. According to the case ine use, a water body is subject to direct influence, whereas law of the BVerwG (Federal Administrative Court), issues non-genuine use includes measures that do not constitute of water pollution must also be clarified in the context of direct use, but may have an impact on the water body. the mining. This means that in the case of discontinuation Mine water pumping and discharging constitutes use of mine water management, the approval procedure must and requires a permit, as does “impounding, lowering, and include whether harmful effects on the community, such diverting of groundwater” and measures that are likely to as water pollution, are to be expected (Wissenschaftlicher cause permanent or considerable adverse changes in water Dienst 2018). quality. The pumping and discharge of mine water should Jordan et al. (2017) state that the licensing requirements be part of the operating plan submitted for approval by the of the WHG also apply to water-legal uses of mining opera- mining authority (Jordan et al. 2017; Wieber 2013). tions, so that water-legal permits are required in addition to Harmful soil changes caused by polluted mine water are operational plan permits. The mining authority is respon- also prohibited by the Bundesbodenschutzgesetz (BBod- sible for issuing a permit or authorisation under water law SchG: Federal Soil Protection Act). This is the case if there if the use is provided for in an operating plan. The mining are impairments of soil functions that cause hazards, or con- authority decides on the use of water rights in agreement siderable disadvantages or nuisances for individuals or the with the competent water authority. This means that no per- general public (Wieber 2013). mit is possible without the agreement of the water authority. Mining Law Environmental Impact Assessment Construction and operation as well as the discontinuation Mining companies are initially subject to the provisions of of mining operations all require appropriate approval. The the Ordinance on the Environmental Impact Assessment BBergG stipulates that exploration and extraction operations of Mining Projects (UVP-V Bergbau). This distinguishes and processing plants may only be established, managed, between a basic environmental impact assessment and an and closed if the operator draws up operating plans and these initially general or site-related preliminary assessment. The 1 3 Mine Water and the Environment (2022) 41:280–291 285 preliminary examination has two results: (1) a decision must Table 2 Environmental impacts (UVPG Annex 3 No. 3). be made whether a project may cause considerable environ- Mining projects that are subject to an environmental mental damage and whether an environmental impact assess- impact assessment and to an operational plan are regulated ment is therefore required; (2) this decision then affects the in Environmental Impact Assessment of Mining Projects nature of the authorisation procedure. If an environmental (UVP-V Bergbau). An environmental impact assessment is impact assessment is required, a planning approval proce- mandatory for underground mining if an area of 10 ha or dure with public participation must be carried out. If no more is required above ground or if subsidence of the surface environmental impact assessment is required, the decision of more than 3 m is to be expected. If relevant impairments is taken without public participation, though the result of the are to be expected with regard to receiving water, groundwa- preliminary examination must be made known to the public. ter, soils, protected cultural assets or comparable protected One of the criteria for assessment is whether a project assets, an environmental impact assessment is mandatory may have considerable impacts on human beings, animals, even if the surface is only lowered 1 to 3 m. However, the plants, biological diversity, surface area, soil, water, air, cessation of mine dewatering to achieve a predefined target climate, landscape, cultural heritage and other material horizon and subsequent resumption and discharge into a sur- assets, as well as the interaction between the aforementioned face water body is not part of the UVP-V Bergbau (Jordan objects of protection. When specifying in which respects et al. 2017). the objects of protection may be affected by the project, the As part of the planned mine water flooding process, an effects listed in Table 1 in particular must be considered. In environmental impact assessment is mandatory for mine addition, the extent to which a project may have considerable water discharge volumes of 30 million m³/a or more, along negative environmental effects must be considered. Classi- with public participation. The relevant mining authorities are fication is made according to Annex 3 No. 3 UVPG (from: factually authorised and must issue the permit in agreement BLAK UVP 2004; UBA 2006) (Table 2). with the competent water authority (Vogt 2020). Table 1 Possible effect on protected property (UVPG Annex 4 No. 4b). Table 1 Possible effect on Protected property Type of effect protected property (UVPG Annex 4 No. 4b) People, in particular human health Effect both on individuals and on the population Animals, plants and biodiversity Effects on flora and fauna Soil Changes in organic matter, soil erosion, soil compaction, soil sealing Water Hydromorphological changes, changes in quantity or quality of water Climate Climate changes, e.g. through greenhouse gas emissions, changes in the microclimate at the site Material goods Effect on infrastructure (roads, buildings, pipelines, etc.) Table 2 Environmental impacts (UVPG Annex 3 No. 3) Effects Explanation Scale (territorial or population coverage) Spatially (in relation to protected goods); population-related (e.g. residential areas) Transboundary nature Does not concern directly bordering countries either Severity Is determined by quality or intensity exceeding test values or falling below size or power values Complexity If there are several environmental goods and interactions Probability Climate changes, e.g. through greenhouse gas emissions, changes in the microclimate at the site Duration Limited to a certain period of time (e.g. construction phase) or permanent impairment Frequency Frequency may be relevant to the severity of the environmental impact Reversibility If environmental impacts are restored to their original state through regeneration or natural suc- cession or if it is ensured that all functions and values can be restored 1 3 286 Mine Water and the Environment (2022) 41:280–291 Surface Water based on a change in physical water quality or groundwater level” (NuR 2020). The requirements of the WFD were implemented in Ger- Consideration must also be given to the concerns of inter- many by the WHG (Fig. 2) (Plinke et al. 2003). The WFD nationally concluded treaties such as the UNECE Water aims to ensure a common European water policy within Convention, to which 46 states have now acceded (status a “transparent, efficient and coherent legal framework”. 2021, www.u nece.o rg/e nviro nment-p olicy/w ater/a bout-t he- The aim of the Directive is to preserve and improve the conven tion/s tatus-r atifi catio n). The Water Convention serves aquatic environment, with the emphasis on water quality the purpose of integrated water management in the region, and quantity. in particular the protection of transboundary watercourses The WFD commits Member States to take all necessary by preventing, controlling, and reducing transboundary pres- measures to prevent deterioration in the status of all bodies sures. It also aims at the appropriate and balanced use of of surface water and to protect, enhance, and restore them. water resources and the protection and restoration of eco- The measures necessary to achieve this aim include pro- systems. The Water Convention contains general provisions gressively reducing pollution from priority substances and on water management, monitoring, and research. It also lays ceasing or phasing out discharges, emissions, and losses of down specific requirements for states that share water bodies hazardous substances. A body of surface water is in a good or river basins. This includes, for example, the obligation to status if it has at least “good” ecological and chemical status, set up coordination bodies, to issue warnings in the event according to the EQS Directive. of accidents, or to inform themselves about the effects of The EU requirements were incorporated into the WHG as planned projects (BMU/UBA 2017). management objectives. Under the WHG, surface water not classified as artificial or heavily modified must be managed in such a way that both deterioration of their ecological and Groundwater chemical status is avoided, and good status is maintained or achieved. Even for surface water classified as artificial As with surface water, the WHG also regulates the man- or heavily modified, deterioration of their ecological poten- agement of groundwater, with three management objec- tial and chemical status must be avoided. To this end, the tives: (1) deterioration in quantitative and chemical status requirements of the WFD and the EQS have been transposed must be avoided; (2) all considerable and sustained upward into national law in the OGewV (Vogt 2020). The classifica- trends in pollutant concentrations resulting from the effect tion of ecological status or ecological potential is based on of human activity must be reversed; and (3) good quantita- the biological quality. For rivers and lakes, the phytoplank- tive and chemical status must be maintained or achieved. ton, macrophytes/phytobenthos, benthic invertebrate, and Good quantitative status means that extraction is less than fish fauna components determine whether the water body is groundwater recharge. rated as “very good”, “good”, “moderate”, “unsatisfactory” The legal provisions are specified in more detail in the or “poor”. GrwV, where threshold values for the assessment of chemi- The same applies to deterioration in the chemical status cal groundwater status are listed These are usually based of a surface water body. However, in contrast to ecological on a human and ecotoxicological assessment. In 2004 status, the classification is not based on this five-tier scale, and 2015/2016, the Länder-Arbeitsgemeinschaft Wasser but on a two-tier scale, as “good” or “not good”. As soon as (LAWA), or State Working Group on Water established Ger- a project exceeds at least one of the environmental quality ingfügigkeitsschwellenwerte (GFS: minor threshold values) standards specified in the OGewV, it is considered to have for groundwater. These represent a yardstick on “the concen- deteriorated. If a pollutant has exceeded the environmental trations of substances up to which anthropogenic, spatially quality standard in its current state, any further increase in limited changes in the chemical composition of groundwater pollutant concentration is not permitted (Vogt 2020). If it is can be classified as minor”. The background for GFS is the not possible or disproportionate to achieve “good status”, a distinction between minor change and harmful contamina- trend reversal should be achieved. tion of groundwater chemical status. To define the GFS, With regard to the discharge of mine water, it is therefore LAWA has developed criteria, which largely correspond to necessary to assess whether there is a risk of deterioration in those of the Federal Soil Protection Ordinance (BBodSchV). chemical and ecological status. If this is the case, technical In addition, parameters relevant to contaminated sites or mitigation measures are required to prevent deterioration recycling were recorded insofar as a sufficiently large data of the aquatic environment. However, the BVerwG found set was available. that “the possibility of derogation permits a deterioration Foundation for the GFS’s derivation is based on human in both quantitative and chemical status as long as this is and ecotoxicological effects, “a concentration at which, 1 3 Mine Water and the Environment (2022) 41:280–291 287 despite an increase in substance contents compared to for the Saarland in the first phase and has been applied for regional background values, no relevant ecotoxicological and permitted by the responsible authorities. The mine water effects can occur and the requirements of the Trinkwas- level will then still be around 500 m below the surface, at serverordnung (TVO: Drinking Water Ordinance) or cor- a great distance from the drinking water and groundwater respondingly derived values are met”. The aim is to preserve horizons. In the second phase, pumping could be completely groundwater for drinking water use and as a habitat. stopped, which would allow a uniform mine water level to Inorganic substances occur geogenically in groundwater. form in the entire Saar district and discharge freely into the Trace elements are subject to dynamic processes and there- receiving water courses. Phase 2, however, requires a sepa- fore vary in concentration. As a result, unaffected groundwa- rate application and procedure before a permit can be issued ter may have concentrations above the GFS and would thus for this step. Until the target mine water level is reached, be considered polluted water. For this reason, base values there is no water utilization. As the pumps are switched off reflecting the groundwater quality in Germany are added to during this period, the mine water is not pumped and dis- the ecotoxicologically derived values. The base value is rep- charged. As a result, the characteristics of excavation and resented as a surface-weighted average, shown as the 90th discharge within the meaning of the WHG are not fulfilled. percentile value, which is then added to the ecological effect This also precludes the need of water bodies to have a permit threshold (LAWA 2004). (Jordan et al. 2017). The geogenic background value is defined as the concen- With regard to the mining law-based operating plan tration of a substance or a pollution indicator in a ground- approval procedure, it has to be determined which require- water body that is not or only inconsiderably influenced by ments have to be met by the mine operator for the cessation human activity. In the event that the threshold value speci- of pumping. This may also include an interdiction on the fied in the GrwV for a substance or group of substances is cessation of pumping (Jordan et al. 2017). less than the background level of the hydrogeochemical unit, Unauthorised water pollution or the detrimental altera- the competent authority shall establish a different threshold tion of the characteristics of the water body is a punishable value, taking into account the measured data. offence. According to the German criminal code: “anyone who pollutes a water body without authorisation or other- wise adversely alters its properties shall be punished with Mine Water Pumping and Dewatering imprisonment for up to five years or a fine”. Attempting to do so is also punishable. In the case of negligent acts, the For mines with active dewatering, mine water that is not offence may be punished with a prison sentence of up to in hydraulic contact with surface water has no ecological three years or a fine (Wissenschaftlicher Dienst 2018). Water function. Due in particular to its depth and mineralisation, pollution is unauthorised if it is not covered by regulatory groundwater is considered less worthy of protection if it is licence. geogenically impaired with pollutants or does not participate According to the BBergG, approval of an operating plan in the natural balance due to geological barriers (Vogt 2020). must be granted if no harmful effects to the public are to be When operating a mine dewatering system, the water is expected. In the opinion of the Federal Administrative Court collected, pumped to the surface, treated, and discharged (BVerwG, judgment of 9 Nov. 1995), issues of water pollu- into a receiving water courses. Extraction of the mine water tion must also be clarified in this context. Thus, the mining constitutes a use according to the WHG. Thus, in addition law operating plan constitutes a permit, whereby water pol- to the approval by a mining law operating plan, a water law lution can be authorised (Wissenschaftlicher Dienst 2018). permit is required (Wissenschaftlicher Dienst 2018). In addition, the injection and discharge of mine water into the groundwater requires a permit, which is granted only if there Conclusions and Recommendations is no reason to fear an adverse change in water quality. A for Action concern exists if there is a possibility of damage occurring that can be predicted based on a concrete and comprehen- The first mining laws date back to medieval (12th - 13th cen- sible determination. Relative to the constitutional principle tury) times. These also regulated water use, but not yet from of proportionality, the different worthiness of protection an environmental perspective. Greater environmental dam- of the groundwater resource as well as the probability and age accompanied increased mining during industrialisation, magnitude of the risk of contamination must be considered which led to more stringent laws and regulations for envi- (Vogt 2020). ronmental protection over time. These regulations, which The cessation of mine drainage in the German mining have since been repealed, supplemented, or changed in their regions is planned in partial steps. For example, flooding meaning, often continue to apply for a certain transitional from -600 to -320 m (relative to mean sea level) is planned period. This is because the new law often does not apply to 1 3 2 88 Mine Water and the Environment (2022) 41:280–291 legal relationships that were established before its entry into be counteracted by treatment measures. Furthermore, back- force or to facts that predate its entry into force. The old law ground values of groundwater must be determined and geo- must then continue to be applied in practice, sometimes for genic pollutant anomalies detected, depending on geology years. Therefore, the closure of mines must partly be carried and depth. out according to older legislation. Nevertheless, to enable an The cessation of mine dewatering in closed mines poses environmentally sound solution, legacy agreements should great challenges. This applies not only to the companies but be concluded between the federal states and the operator. also to the planning and licensing authorities. The entire Numerous processes are set in motion when the mine process involves mining, environmental, and administrative water level rises. These range from legal issues relating procedural laws, and is accompanied by intensive public to environmental and water protection through the hoist- participation. In the final operating plan, the closure of the ing and discharge of sometimes highly mineralised mine mines must be described in terms of licensing. Furthermore, water to surface movements and outgassing. International, the laws, ordinances, and guidelines are continuously being national, and state-specific agreements, laws, regulations, developed and adapted to ensure and improve protection of and guidelines have been issued to minimise adverse effects groundwater and rivers. Overall, this is a lengthy process, on people and the environment. To ensure water protection, especially when intensive public participation is required. the European Water Framework Directive was adopted and However, this procedure allows the interests of all groups implemented into German national law (WHG, GrwV). In involved to be considered and all assets to be protected dur- addition to approval of an operational plan under mining ing and after mine flooding. law, water law permits are also required. In conclusion, the German Federal Mining Act is well Continuous monitoring of both the mine water hoisting suited for the implementation of these complex procedures. and the water quality and quantity of the receiving water In particular, water law concerns and water protection must be ensured to identify potential water deterioration. requirements are sufficiently considered, as agreement must Time series analysis can detect changes in relevant pollut- be reached with the responsible water authority. Approval ants at an early stage and, if necessary, deterioration can without their consent is not legally permissible. Schleswig- Holstein Mecklenburg- West Pomerania Hamburg Norway Bremen N Sweden Lower Saxony Denmark BerlinIbbenbüren Brandenburg Saxony- Ruhr area Anhalt ds lanr North Rhine- the Polande Westphalia SaxonyN Be Germany Hesse Thuringialgium Czech Republic Luxemburg Rhineland- Slovakia Palatinate Lichtenstein Austria Switzerland HungaryFrance Saarland Slovenia Italy Croatia Saar area Bavaria 400 km Baden- Wuerttemberg 100 km 1 3 Mine Water and the Environment (2022) 41:280–291 289 11 recreation area mining subsidence 9 protected areas agriculture mine water 2 polder area 10 8 discharge 1 6 river 53 loose rock drinking water4 not permanently backfilled civil stable filled shaft overburden engineering shaft carboniferous rock 7 rock loosening planned mine water level mine water hoisting pump current mine water level 1 polder measures 2 uplift and subsidence 3 methane and radon emissions 4 drinking water protection 5 soil protection 6 surface water protection 7 geological processes (seismicity) 8 shaft protection 9 influences on protected goods 10 flora and fauna habitats (FFH) 11 emission and immission 1 3 fault zone overpri nted fault zo ne 290 Mine Water and the Environment (2022) 41:280–291 Acknowledgements The authors thank the editors and anonymous BBodSchG (1998) Bundes-Bodenschutzgesetz vom 17. März 1998 reviewers for their time, interest, and effort to evaluate our manuscript (BGBl. I S. 502), das zuletzt durch Artikel 3 Absatz 3 der Ver- as well as for their thoughtful suggestions. This work was made possi- ordnung vom 27. Sept 2017 (BGBl. I S. 3465) geändert worden ble within the framework of the “Forum Bergbau Wasser” Foundation, ist (in German) which we hereby thank for the support provided. BBodSchV (1999) Bundes-Bodenschutz- und Altlastenverordnung vom 12. Juli 1999 (BGBl. I S. 1554), die zuletzt durch Artikel 3 Absatz Funding Open Access funding enabled and organized by Projekt 4 der Verordnung vom 27. Sept 2017 (BGBl. I S. 3465) geändert DEAL. worden ist (in German) Bekendam RF, Pöttgens JJ (1995) Ground movements over the coal This article is licensed under a Creative Commons Attri- mines in southern Limburg, the Netherlands and their relation to Open Access bution 4.0 International License, which permits use, sharing, adapta- rising mine waters. In: Johnson AI (Ed), Proc, 5th International tion, distribution and reproduction in any medium or format, as long Symp on Land Subsidence (FISOLS’95), Balkema, Rotterdam, as you give appropriate credit to the original author(s) and the source, pp 3–12 provide a link to the Creative Commons licence, and indicate if changes Blommerde M, Taplin R, Raval S (2015) Assessment of rehabilita- were made. The images or other third party material in this article are tion completion criteria for mine closure evaluation. Proc, 7th included in the article's Creative Commons licence, unless indicated International Conf on Sustainable Development in the Minerals otherwise in a credit line to the material. 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