§ 816.81 - Coal mine waste: General requirements.

§ 816.81 How must I dispose of coal Coal mine waste?: General requirements.

(a) General requirements. If you, the permittee, intend to dispose of . All coal mine waste disposed of in an area other than the mine workings or excavations , you must place the waste shall be placed in new or existing disposal areas within a permit area in accordance with this section and, as applicable, §§ 816.83 and 816.84 of this part.

(b) Basic performance standards. You must haul or convey and place the coal mine waste

, which are approved by the regulatory authority for this purpose. Coal mine waste shall be hauled or conveyed and placed for final placement in a controlled manner to -

(1) Minimize

the

adverse effects of leachate and surface-water runoff on

groundwater

surface and

surface water, including aquatic life, within the permit and adjacent areas to the extent possible, using the best technology currently available.

ground water quality and quantity;

(2) Ensure mass stability and prevent mass movement during and after construction

.

;

(3) Ensure that the final disposal facility is suitable for reclamation and revegetation

,

compatible with the natural surroundings

,

and

consistent with

the approved postmining land use

.

;

(4) Not create a public hazard

.

; and

(5) Prevent combustion.

(

6) Ensure that the disposal facility will not change the size or frequency of peak flows from precipitation events or thaws in a way that would result in an increase in flooding when compared with the impacts of premining peak flows.

(7) Ensure that the disposal facility will not cause or contribute to a violation of applicable state or tribal groundwater standards or preclude any premining use of groundwater.

(8) Ensure that the disposal facility will not cause or contribute to a violation of applicable state or tribal water quality standards for surface water located downstream of the toe of the fill, including, but not limited to, water quality standards established under the authority of section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c).

(9) Ensure that the disposal facility will not discharge acid or toxic mine drainage.

(c) Coal mine waste from outside the permit area. You may dispose of coal mine waste materials from activities located outside the permit area within the permit area

b) Coal mine waste material from activities located outside a permit area may be disposed of in the permit area only if approved by the regulatory authority. Approval

must

shall be based upon a showing that such disposal will be in accordance with the standards of this section.

(

d

c)Design

and construction requirements

certification.

(1)

(i) You must design and construct coal mine waste disposal facilities

The disposal facility shall be designed using current, prudent engineering practices and shall meet any design

or construction

criteria established by the regulatory authority.

(ii)

A qualified registered professional engineer, experienced in the design

and construction

of similar earth and waste structures,

must

shall certify the design of the disposal facility.

The engineer must specifically certify that any existing and planned underground mine workings in the vicinity of the disposal facility will not adversely impact the stability of the structure.

(

iii) You must construct the disposal facility in accordance with the design and plans submitted under § 780.25 of this chapter and approved in the permit. A qualified registered professional engineer experienced in the design and construction of similar earth and waste structures must certify that the facility has been constructed in accordance with the requirements of this paragraph. (2) You must design and construct the disposal facility

2) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments must be stable under all conditions of construction.

(

e

d)Foundation

investigations

.

You must perform sufficient foundation and abutment

Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability

and control of underseepage

. The analyses of the foundation conditions

must

shall take into consideration the effect of

any

underground mine workings

located in the permit and adjacent areas

, if any, upon the stability of the disposal facility.

(

f) Soil handling requirements. You must remove all vegetation, other organic matter, and soil materials from the disposal area prior to placement of the coal mine waste. You must store, redistribute, or otherwise use those materials in accordance with § 816.22 of this part. You may use soil substitutes and supplements if approved in the permit in accordance with § 780.12(

e)

of this chapter. (g)

Emergency procedures.

(1)

If any examination or inspection discloses that a potential hazard exists,

you must inform

the regulatory authority shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action.

(2)

If adequate procedures cannot be formulated or implemented,

you must notify

the regulatory authority shall be notified immediately. The regulatory authority shall then

must

notify the appropriate agencies that other emergency procedures are required to protect the public.

(

h

f)Underground disposal.

You may dispose of coal mine waste

Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the regulatory authority and

the Mine Safety and Health Administration

MSHA under § 784.

26

25 of this chapter.

[48 FR 44028, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17, 1991; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]