(a) All coal processing waste shall be hauled or conveyed
and placed in new and existing disposal areas approved by the Commission
for this purpose. These areas shall be within a permit area. The disposal
area shall be designed, constructed, and maintained:
(1) in accordance with §§12.363 and 12.364
of this title (relating to Disposal of Excess Spoil: General Requirements,
and Disposal of Excess Spoil: Valley Fills), this section, and §§12.369-12.374
of this title (relating to Coal Processing Waste Banks: Site Inspection,
to Coal Processing Waste Banks: Water Control Measures, to Coal Processing
Waste Banks: Construction Requirements, to Coal Processing Waste:
Burning, to Coal Processing Waste: Burned Waste Utilization, and to
Coal Processing Waste: Return to Underground Workings); and
(2) to prevent combustion.
(b) Coal processing waste materials from activities
located outside a permit area, such as those activities at other mines
or abandoned mine waste piles may be disposed of in the permit area
only if approved by the Commission. Approval shall be based on the
showing by the person who conducts surface mining activities in the
permit area, using hydrologic, geotechnical, physical, and chemical
analyses, that disposal of these materials does not:
(1) adversely affect water quality, water flow, or
vegetation;
(2) create public health hazards; or
(3) cause instability in the disposal areas.
(c) The disposal facility shall be designed using current,
prudent engineering practices and shall meet any design criteria established
by the Commission. A qualified professional engineer, experienced
in the design of similar earth and waste structures, shall certify
the design of the disposal facility.
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