(a) All coal mine waste banks shall be inspected, on
behalf of the person conducting underground mining activities, by
a qualified professional engineer or other person approved by the
Commission.
(1) Inspections shall occur at least quarterly, beginning
within seven days after preparation of the disposal area begins. The
Commission may require more frequent inspections 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 mine waste bank has been graded, covered in
accordance with §12.538 of this title (relating to Coal Mine
Waste Banks: Construction Requirements), topsoil has been distributed
on the bank in accordance with §12.507 of this title (relating
to Topsoil: Redistribution), or at such a later time as the Commission
may require.
(2) Inspections shall include such observations and
tests as may be necessary to evaluate the potential hazard to human
life and property, 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 §§12.190-12.193
of this title (relating to Reclamation Plan: Ponds, Impoundments,
Banks, Dams, and Embankments, to Protection of Public Parks and Historic
Places, to Relocation or Use of Public Roads, and to Underground Development
Waste/Return of Coal Processing Waste to Abandoned Underground Workings)
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) Copies of the inspection findings 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 mine waste
area.
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Source Note: The provisions of this §12.536 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503 |