(a) This section, and §12.544 and §12.545
of this title (relating to Coal Mine Waste: Dams and Embankments:
Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design
and Construction) apply to dams and embankments constructed of coal
mine waste or intended to impound coal mine waste, whether they were
completed before adoption of the Commission regulatory program or
are intended to be completed thereafter.
(b) Waste shall not be used in the construction of
dams and embankments unless it has been demonstrated to the Commission
that the stability of such a structure conforms with the requirements
of §§12.500-12.542, this section, and §§12.544-12.572
of this title (relating to Permanent Program Performance Standards--Underground
Mining Activities). It shall also be demonstrated that the use of
coal mine waste material shall not have a detrimental effect on downstream
water quality or the environment due to acid seepage through the dam
or embankment. The stability of the structure and the potential impact
of acid mine seepage through the impounding structure shall be discussed
in detail in the design plan submitted to the Commission in accordance
with this chapter (relating to Coal Mining Regulations). All demonstrations
shall be submitted to and approved by the Commission.
(c) Each impounding structure constructed of coal mine
waste or intended to impound coal mine waste shall be designed, constructed
and maintained in accordance with this chapter (relating to Coal Mining
Regulations). Such structures may not be retained permanently as part
of the approved postmining land use.
(d) If an impounding structure constructed of coal
mine waste or intended to impound coal mine waste meets the criteria
of the Mine Safety and Health Administration, 30 CFR 77.216(a), the
combination of principal and auxiliary spillways shall be able to
safely pass the probable maximum precipitation of a 6-hour precipitation
event, or greater event as specified by the Commission.
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Source Note: The provisions of this §12.543 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 |