10 CSR 40-3.080 - Requirements for the Disposal of Coal Processing Waste
Editor's Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretary of state. AASHTO T99-74 is incorporated by reference as it exists on the date of adoption of this rule. The entire text of this rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law.
(1)
General Requirements.
(A) All coal processing
waste disposed of in an area other than the mine workings or excavations shall
be hauled or conveyed and placed for final placement in new or existing
disposal areas approved in the permit and plan for this purpose. These areas
shall be within a permit area. The disposal area shall be designed, constructed
and maintained-
1. In accordance with 10 CSR
403.060(1) and (2) and sections (1)-(7) of this rule; 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 in the permit and plan. Approval shall be
based on a showing by the person who conducts surface mining activities in the
permit area, using hydrologic, geotechnical, physical and chemical analysis,
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.
(2) Site Inspection.
(A) All coal processing waste banks shall be
inspected, on behalf of the person conducting surface mining activities, by a
qualified registered professional engineer or other qualified professional
specialist under the direction of the professional engineer approved in the
permit and plan. The professional engineer or specialist shall be experienced
in the construction of similar earth and waste structures.
1. Inspections shall occur at least
quarterly, beginning within seven (7) days after preparation of the disposal
area begins. The permit and plan 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 processing waste bank has been graded, covered in
accordance with section (4) of this rule, topsoil has been distributed on the
bank in accordance with
10 CSR
40-3.030(4), or at a later time as
the permit and plan may require.
2.
Inspections shall include 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
10 CSR
40-6.050(11) and approved in the
permit and plan.
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 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 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.
5. Copies of the inspection findings shall be
maintained at the mine site.
(B) If any inspection discloses that a
potential hazard exists, the director shall be promptly informed of the finding
and of the emergency procedures formulated for public protection and remedial
action. If adequate procedures cannot be formulated or implemented, the
director shall be notified immediately. The director shall then notify the
appropriate emergency agencies that other emergency procedures are required to
protect the public from the coal processing waste area.
(3) Water Control Measures.
(A) Unless the operator satisfactorily
demonstrates to the director that a subdrainage system is not required to
ensure the structural integrity of a coal processing waste bank and the
protection of the surface water and groundwater quality in the immediate
vicinity of the disposal area, a properly designed subdrainage system shall be
provided, which shall-
1. Intercept all
groundwater sources;
2. Be
protected by an adequate filter; and
3. Be covered so as to protect against the
entrance of surface water or leachate from the coal processing waste.
(B) All surface drainage from the
area above the coal processing waste bank and from the crest and face of the
waste disposal area shall be diverted, in accordance with
10 CSR
40-3.060(2)(D).
(C) Slope protection shall be provided to
minimize surface erosion at the site. All disturbed areas, including diversion
ditches that are not riprapped, shall be vegetated upon completion of
construction.
(D) All water
discharged from a coal processing waste bank shall comply with
10 CSR
40-3.040(1), (2), (5), (6) and
(16).
(4) Construction Requirements.
(A) The disposal facility shall be designed
using current, prudent engineering practices and shall meet any design criteria
established by the director. A qualified registered professional engineer
experienced in the design of similar earth and waste structures shall certify
the design of the disposal facilities.
(B) Coal processing waste banks shall be
constructed in compliance with 10 CSR 403.060(1) and (2), except to the extent
that the requirements of those sections are covered in this section.
(C) Coal processing waste banks shall have a
minimum static safety factor of one and five tenths (1.5).
(D) Compaction requirements during
construction or modification of all coal processing waste banks shall meet the
requirements of this subsection, instead of those specified in
10 CSR
40-3.060(2)(C). The coal processing
waste shall be-
1. Spread in layers no more
than twenty-four inches (24") in thickness; and
2. Compacted to attain ninety percent (90%)
of the maximum dry density to prevent spontaneous combustion and to provide the
strength required for stability of the coal processing waste bank. Dry
densities shall be determined in accordance with the American Association of
State Highway and Transportation Officials (AASHTO) Specifications T99-74
(Twelfth Edition) (July 1978) or an equivalent method;
(E) Following grading of the coal processing
waste bank, the site shall be covered with a minimum of four feet (4') of the
best available nontoxic and noncombustible material, in accordance with
10 CSR
40-3.030(2)(E), and in a manner that
does not impede flow from subdrainage systems. The coal processing waste bank
shall be revegetated in accordance with
10 CSR
40-3.120(1)-(7). The permit or plan
may allow less than four feet (4') of cover material based on physical and
chemical analyses which show that the requirements of
10 CSR
40-3.120(1)-(7) will be
met.
(5) Burning. Coal
processing waste fires shall be extinguished by the person who conducts the
surface mining activities, in accordance with a plan allowed by the permit and
plan and approved by the Mine Safety and Health Administration (MSHA). The plan
shall contain, at a minimum, provisions to ensure that only those persons
authorized by the operator and who have an understanding of the procedures to
be used shall be involved in the extinguishing operations.
(6) Burned Waste Utilization. Before any
burned coal processing waste, other materials or refuse is removed from a
disposal area, approval shall be obtained from the director. A plan for the
method of removal, with maps and appropriate drawings to illustrate the
proposed sequence of the operation and method of compliance with this chapter,
shall be submitted to the director. Consideration shall be given in the plan to
potential hazards, which may be created by removal, to persons working or
living in the vicinity of the structure. The plan shall be certified by a
qualified registered professional engineer.
(7) Return to Underground Workings. Solid
coal processing waste may be returned to underground mine workings only in
accordance with the waste disposal program approved in the permit and plan and
the MSHA under 10 CSR
40-6.120(16).
(8) Disposal of Noncoal Wastes.
(A) Noncoal wastes including, but not limited
to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining
machinery, lumber and other combustibles generated during surface mining
activities shall be placed and stored in a controlled manner in a designated
portion of the permit area. Placement and storage shall ensure that leachate
and surface runoff do not degrade surface or ground water, fires are prevented
and that the area remains stable and suitable for reclamation and revegetation
compatible with the natural surroundings.
(B) Final disposal of noncoal wastes should
be in accordance with all applicable requirements of sections 260.200-260.430,
RSMo and any other federal, state and local law applicable to disposal. The
place of final disposal of noncoal waste, if in the permit area, shall be
designated in the permit. Permit area disposal sites shall be designed and
constructed with appropriate water barriers on the bottom and sides of the
designated site. Wastes shall be routinely compacted and covered to prevent
combustion and windborne waste. When the disposal is completed, a minimum of
two feet (2') of soil cover shall be placed over the site, slopes stabilized
and revegetation accomplished in accordance with
10 CSR
40-3.120. Operation of the disposal site shall be
conducted in accordance with all local, state and federal
requirements.
(C) At no time shall
any solid waste material be deposited at refuse embankments or impoundment
sites nor shall any excavation for solid waste disposal be located within eight
feet (8') of any coal outcrop or coal storage area.
(D) Any noncoal mine waste defined as
hazardous under Section 3001 of the Resource Conservation and Recovery Act
(RCRA)(P.L.
94-580 ) and 40 CFR part 261 shall be handled in
accordance with the requirements of Subtitle C of RCRA and any implementing
regulations.
(9) Dams
and Embankments-General Requirements.
(A)
Sections (9)-(11) of this rule apply to dams and embankments, constructed of
coal processing waste or intended to impound coal processing waste, whether
they were completed before adoption of the regulatory program or are intended
to be completed after that.
(B)
Waste shall not be used in the construction of dams and embankments unless it
has been demonstrated that the stability of that structure conforms with the
requirements of subsection (11)(A) of this rule. It also shall be demonstrated
that the use of waste material shall not have a detrimental effect on
downstream water quality or the environment due to acid seepage through the dam
or embankment.
(10) Dams
and Embankments-Site Preparation. Before coal processing waste is placed at a
dam or embankment site-
(A) All trees, shrubs,
grasses and other organic material shall be cleared and grubbed from the site,
and all combustibles shall be removed and stockpiled in accordance with the
requirements of this chapter; and
(B) Runoff from areas above the disposal
facility or runoff from the surface of the facility that may cause erosion to
the embankment area or the embankment features, whether during construction or
after completion, shall be diverted away from the embankment by diversion
ditches that comply with the requirements of
10 CSR
40-3.040(3). Adequate outlets for
discharge from these diversions shall be in accordance with section (7).
Diversions that are designed to divert drainage from the upstream area away
from the impoundment area shall be designed to carry the peak runoff from a one
hundred (100)-year, twenty-four (24)-hour precipitation event. The diversion
shall be maintained to prevent blockage, and the discharge shall be in
accordance with 10 CSR
40-3.040(7). Sediment control
measures shall be provided at the discharge of each diversion ditch before
entry into natural watercourses in accordance with
10 CSR
40-3.040(1)-(7).
(11) Dams and Embankments-Design and
Construction.
(A) The design of each dam and
embankment constructed of coal processing waste or intended to impound waste
shall comply with the requirements of
10 CSR
40-3.040(10)(A) 5. and
10 CSR
40-3.040(10)(E)-(K), modified as
follows:
1. The design freeboard between the
lowest point on the embankment crest and the maximum water elevation shall be
at least three feet (3'). The maximum water elevation shall be that determined
by the freeboard hydrograph criteria contained in the United States Soil
Conservation Service criteria referenced in
10 CSR
40-3.040(10);
2. The dam and embankment shall have a
minimum safety factor of one and five-tenths (1.5) for the partial pool with
steady seepage saturation conditions and the seismic safety factor shall be at
least one and two-tenths (1.2); and
3. The dam or embankment foundation and
abutments shall be designed to be stable under all conditions of construction
and operation of the impoundment. Sufficient foundation investigations and
laboratory testing shall be performed to determine the safety factors of the
dam or embankment for all loading conditions appearing in paragraph (11)(A)2.
of this rule or the publications referred to in
10 CSR
40-3.040(10) and for all increments
of construction.
(B)
Spillways and outlet works shall be designed to provide adequate protection
against erosion and corrosion. Inlets shall be protected against
blockage.
(C) Dams or embankments
constructed of, or impounding, waste materials shall be designed so that at
least ninety percent (90%) of the water stored during the design precipitation
event is removed within a ten (10)-day period.
(D) Dams or embankments constructed of, or
impounding, waste materials may not be retained permanently as part of the
approved post-mining land use.
Notes
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