16 Tex. Admin. Code § 12.376 - Coal Mine Waste: Dams and Embankments: General Requirements
(a) This section
and §
12.377 and §
12.378 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 regulatory program or
are intended to be completed thereafter.
(b) Coal mine 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 this section. It shall also be demonstrated that the use of
coal mine waste 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.