(a) All coal processing waste banks shall be inspected
by a qualified professional engineer, or other qualified professional
specialist under the direction of the professional engineer. The professional
engineer or specialist shall be experienced in the construction of
similar earth and waste structures.
(1) Such inspections shall be made at least quarterly
throughout construction and during critical construction periods,
beginning within 7 days after preparation of the disposal area begins.
The Commission may require more frequent inspection based upon an
evaluation of the potential danger to the health or safety of the
public and the potential harm to land, air and water resources. Inspections
may terminate when the coal processing waste bank has been graded,
covered in accordance with §12.371 of this title (relating to
Coal Processing Waste Banks: Construction Requirements), topsoil has
been distributed on the bank in accordance with §12.337 of this
title (relating to Topsoil: Redistribution), or at such a later time
as the Commission may require. Critical construction periods shall
include at a minimum:
(A) foundation preparation including the removal of
all organic material and topsoil;
(B) placement of underdrains and protective filter
systems;
(C) installation of final surface drainage systems;
and
(D) the final graded and revegetated facility.
(2) Regular inspections shall also be conducted during
placement and compaction of coal mine waste materials. More frequent
inspections shall be conducted if a danger of harm exists to the public
health and safety or to the environment. Inspections shall include
such observations and tests as may be necessary to evaluate the potential
hazard to human life and property, to ensure that all organic material
and topsoil have been removed and that proper construction and maintenance
are occurring in accordance with the plan submitted under §12.148
of this title (relating to Reclamation Plan: Ponds, Impoundments,
Banks, Dams, and Embankments) and approved by the Commission.
(3) The engineer or other approved inspector shall
consider steepness of slopes, seepage, and other visible factors which
could indicate potential failure, and the results of failure with
respect to the threat to human life and property.
(4) The qualified professional engineer shall provide
a certified report to the Commission promptly after each inspection
that the refuse pile has been constructed and maintained as designed
and in accordance with the approved plan and this chapter (relating
to Coal Mining Regulations). The report shall include any appearance
of instability, structural weakness, and other hazardous conditions.
(5) The certified report on the drainage system and
protective filters shall include color photographs taken during and
after construction, but before underdrains are covered with coal mine
waste. If the underdrain system is constructed in phases, each phase
shall be certified separately. The photographs accompanying each certified
report shall be taken in adequate size and number and with enough
terrain or other physical features of the site shown to provide a
relative scale to the photographs and to specifically and clearly
identify the site.
(6) Copies of each inspection report shall be maintained
at the mine site.
(b) If any inspection discloses that a potential hazard
exists, the Commission shall be informed promptly of the finding and
of the emergency procedures formulated for public protection and remedial
action. If adequate procedures cannot be formulated or implemented,
the Commission shall be notified immediately. The Commission shall
then notify the appropriate emergency agencies that other emergency
procedures are required to protect the public from the coal processing
waste area.
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