W. Va. Code R. § 38-2-22 - Coal Refuse
22.1.
Applicability - Any surface coal mining operation which involves the
construction, operation, enlargement, modification, removal and/or abandonment
of a coal refuse site shall be subject to the special provisions of this
section in addition to other applicable permitting requirements, performance
standards, and enforcement provisions of this rule, the Act, and other State
and Federal laws and regulations.
22.2. Certification - For purposes of
permitting, the applicant shall submit a separate set of maps, plans, design
data, and specifications for the refuse disposal facility, in addition to those
contained in the permit application.
The disposal facility shall be designed using current, prudent engineering practices. A qualified registered professional engineer, experienced in the design of similar earth and refuse structures, shall certify the design of the disposal facility. The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5 and a seismic factor of safety of 1.2. The stability of all foundations and abutments must be maintained during all phases of construction.
22.3. Permit Requirements - General - In
addition to the other permitting requirements of the Act, this rule and the
requirements of
30 CFR
77.214 and 30 CFR 77.215, each permit
application which involves a coal refuse site shall contain the following
materials:
22.3.a. Narrative. A general
narrative and discussion of the project to include at a minimum a discussion of
existing site conditions, the design life of the facility, quantity and type of
coal refuse to be placed on the site, subsidence potential method of operation
to include clearing and grubbing, topsoil stockpiling, construction of surface
and subsurface drainage facilities, phases of construction, method and location
of coal refuse placement or removal, coal refuse placement during inclement
weather, routine inspection and maintenance, procedure to be followed in the
event the site is abandoned prior to the planned design life, and a sequence
for construction of drainage facilities, critical construction phases,
reclamation and final abandonment procedures. In addition, include a
description of the duties, responsibilities and lines of communication of those
persons responsible for the design and construction of the coal refuse disposal
site. All data, graphs, curves, etc., which provide the basis for Hydrologic
and hydraulic design of coal refuse embankments and impoundments shall
accompany other design data, plans, and specifications, submitted as part of
the permit application.
22.3.b.
Plan View. A plan view of the site showing detailed contours, limits of the
coal refuse disposal site, all drainage facilities, location of springs, seeps,
mine drainage and/or openings, location of the subdrain system, project
stationing, location of cross sections, location of borings, test pits and
instrumentation and other pertinent data required for project
control.
22.3.c. Cross Sections.
Cross sections of the coal refuse disposal site transversely and longitudinally
showing original ground, finished elevations, final configuration of refuse
material, subdrains, diversion details, spillways, and other pertinent features
of the site. Cross section shall be of sufficient accuracy and detail so as to
provide a basis for stability computations at critical locations.
22.3.d. Sediment Control Plan. A sediment
control plan designed in accordance with subsection 5.4 of this rule.
22.3.e. Diversions. Each application shall
contain plans and specifications for a diversion channel above the coal refuse
site to direct surface water runoff from the contributing watershed around the
facility. Such diversion channel shall be designed in accordance with
subsection 5.3 of this rule, except as follows:
22.3.e.1. Design storm. All diversion ditches
and stream channel diversions shall be designed to carry the peak runoff from a
one-hundred (100) year frequency, twenty-four (24) hour duration
rainfall.
22.3.e.2. A freeboard
equal to or greater than 1+.025vd1/3 shall be added
to the design flow depth to obtain the total depth of the diversion
ditch.
22.3.e.3. Each diversion
ditch must be designed to carry the peak flow with freeboard from the
contributing watershed area.
22.3.e.4. Diversions shall be designed,
constructed, and maintained in a manner which prevents additional contributions
of suspended solids to stream flow and to runoff outside the permit area to the
fullest extent possible.
22.3.e.5.
Excess excavated material not required for construction or maintenance of the
diversion ditch must be properly disposed of in the permit area.
22.3.e.6. Topsoil removed from the channel
excavation shall either be redistributed on another part of the permit area or
stockpiled for a later use.
22.3.e.7. All diversion systems shall exit
safely beyond the toe of the embankment in a natural drainway capable of
carrying the design flow without excessive erosion.
22.3.e.8. All stream channel diversions must
be designed to carry the design flow around the disturbed area. The diversions
must outlet into the original channel or a natural channel of equal cross
section.
22.3.e.9. Diversions in
refuse must be lined with soil or a suitable substitute unless other erosion
protection is provided.
22.3.e.10.
Permanent diversion systems designed to convey water under a coal refuse
embankment by means of a pipe or conduit are unacceptable. However, diversion
by means of a pipe or conduit may be permitted during active operation,
provided that (1) height or storage limits for impoundments are not exceeded,
(2) the pipe or conduit is used in conjunction with surface ditches to meet
applicable design storm requirements, and (3) the design of the pipe or conduit
accounts for durability and design life, load limits, joint sealing, trash rack
protection, and maintenance requirements throughout the operational life of the
structure.
22.3.f. Design
and Specifications for Hydraulic Structures. Such structures shall be designed
to safely control excessive erosion by using energy dissipaters and/or channel
protection, as necessary, based upon design flow velocity. Seepage control
devices shall be used to prevent undercutting of nonflexible linings. The
potential for landslides or slope failures shall be considered in the location
of all hydraulic structures. Channels shall not be located on or near an
existing landslide. No surface runoff or slurry may be diverted into
underground mines unless approved by the Secretary in accordance with
subdivision 14.5.e of this rule.
22.3.g. Computations. The application shall
include all design data and calculation results. If a computer analysis is
used, only the input data and results used specifically in the design need be
submitted. If graphical flood routing techniques are used, all charts and
graphs shall be included. Adequate cross sections and profiles shall be given
for all hydraulic structures.
22.3.h. All coal refuse impoundments must be
analyzed and/or designed in accordance with this subsection. Non-impounding
coal refuse embankments must be designed in accordance with this subsection
unless any proposed modifications to the design standards of this subsection
are justified through appropriate stability analysis. The following structural
analysis and/or design data of coal refuse embankments and impoundments shall
be presented in graphical or tabular form:
22.3.h.1. A sufficient subsurface
investigation shall be performed by a registered professional engineer or
engineering geologist. The number, location, and depth of borings, test pits,
and/or trenches shall be reasonable for the size, purpose, soils present, and
foundation type of the structure. The investigation shall consider depth of
soil to bedrock, field classification of soils, character of bedrock, in situ
testing, soil sampling, determination of groundwater flow and location of seeps
and springs, and a soil profile for critical locations in the structure,
hydraulic structures and other pertinent locations which may affect the safety
of the structure. The number, depth, and location of boreholes shall be based
on the quantity of material to be impounded and subsurface conditions. A
geologic study shall also be conducted for impounding structures to evaluate
landslides into the impoundment, bedrock discontinuities such as soft seams,
joints, joint systems, bedding planes, and fault zones which may adversely
affect the structure's performance. Past and future mining to include height of
seam, depth and cover rock of the seam, and previous subsidence problems shall
be considered where subsidence may affect the safety of the
structure.
22.3.h.2. Laboratory
tests shall be conducted on all foundation and embankment materials to include
soil classification through hydrometer analysis, density, water content,
compaction tests, shear strength, consolidation, and permeability unless the
scope, characteristics, or design concept of the site make one or more of these
requirements unnecessary.
22.3.i. Safety Factors. A description
including plans, design data, specifications, and computations of how safety
conditions will be achieved. The disposal facility shall be designed,
constructed, and maintained to attain a minimum long-term safety factor of 1.5;
provided further that a coal refuse site which has the capability to impound
water shall also attain a seismic safety factor of at least 1.2.
22.3.j. Liquefaction. Describe the potential
for liquefaction and provide safeguards against the development of this
condition.
22.3.k. Instrumentation.
A description of installation of instrumentation such as piezometers,
settlement markers, slope indicators, and similar monitoring devices shall be
included in the plan to monitor present hazardous conditions, construction
conditions, and to verify design assumptions. A plan for monitoring these
devices shall also be provided.
22.3.l. Stability Analysis. All stability
analyses shall be done using standard engineering techniques. The submittal
shall include cross sections at critical locations in the facility showing the
materials profile, location of critical potential failure surfaces and their
factors of safety, estimated or measured phreatic surfaces for construction
and/or long term seepage conditions, and a tabulated listing of strength
parameters used. If a computer analysis is used, only the input data and
results used specifically in the design shall be submitted.
22.3.m. Underdrains. If the disposal area
contains springs, natural or manmade water courses, or wet weather seeps, the
application shall include diversions and underdrains as necessary to control
erosion, prevent water infiltration into the disposal facility and ensure
stability. Diversions and underdrains shall be designed as follows:
22.3.m.1. Runoff from the areas above the
refuse pile and runoff from the surface of the refuse pile shall be diverted
into stabilized diversion channels designed in accordance with subdivision
22.3.e of this subsection and subsection 5.3 of this rule to safely pass the
runoff from a one hundred (100) year, twenty-four (24) hour precipitation
event. Runoff diverted from undisturbed areas need not be commingled with
runoff from the surface of the refuse pile. Uncontrolled surface drainage may
not be diverted over the outslope of the refuse piles.
22.3.m.2. Underdrains shall consist of
durable rock or pipe, and be designed and constructed using current, prudent
engineering practices. The underdrain system shall be designed to carry the
anticipated seepage of water due to rainfall and from seeps and springs in the
foundation of the disposal area away from the site, and shall be protected from
piping and contamination by an adequate filter. Rock underdrains shall be
constructed of durable, nonacid, nontoxic-forming rock (e.g., natural sand and
gravel, sandstone, limestone, or other durable rock) that does not slake in
water or degrade to soil material, and which is free of coal, clay or other
nondurable material. Perforated pipe underdrains shall be corrosion resistant
and shall have characteristics consistent with the long-term life of the
fill.
22.3.n. Site
Preparation. Procedures for clearing and grubbing.
22.3.o. Excess Material. Procedures for
disposal of excess material resulting from clearing, grubbing, and other site
preparation activities.
22.3.p.
Compaction Requirements. Procedures for spreading and compaction of refuse
material during placement. The material shall be compacted in layers not
exceeding two (2) feet in thickness and shall not have any slope exceeding two
horizontal to one vertical, except that the Secretary may approve construction
of a refuse pile in compacted layers exceeding two (2) feet in thickness, where
engineering data substantiates that both a minimum static safety factor of 1.5
and a minimum seismic safety factor of 1.2 will be attained; provided, that the
operator shall submit plans for the Secretary's approval, and shall also
provide documentation showing prior approval by MSHA pursuant to Federal
regulations at
30 CFR
77.215(h) for the alternate
construction, without which documentation the plans will not be
approved.
22.3.q. Sealing Abandoned
Openings. Plans in accordance with
30 CFR 75.1711
for sealing abandoned openings and covering the seal with four feet of an
impermeable non-toxic material. Such plans shall consider prevention of water
buildup behind the seals, toxicity of the refuse and mine strata, gradient of
the opening, Hydrologic balance and passage of any acid water to a treatment
facility. If a mine seal is in the impoundment area of an impounding coal
refuse disposal site, the seal shall be designed to safely withstand full
hydrostatic head with a factor of safety of at least 1.5 against blowout.
Higher factors of safety may be required where dictated by the consequences of
failure. Calculations and cross sections used in the analyses shall be
submitted.
22.3.r. Extinguishment
of Burning Areas. Plans approved by MSHA for the extinguishment of burning
areas which contain, at a minimum, method of extinguishment, safety measures
for equipment operators and persons working or living in the vicinity of the
site, and a provision that only those persons authorized by the operator, shall
be involved in the extinguishing operation.
22.3.s. Underground Disposal. Plans for
underground refuse disposal shall be submitted to and approved by the Secretary
and the Mine Safety and health Administration. All plans must include:
22.3.s.1. Method of disposal including a
description of the source of the transport medium;
22.3.s.2. Maps of mines where coal refuse
materials are to be disposed with a description of the percent of mine void to
be filled;
22.3.s.3. Description of
location of active workings including plans, specifications, and methods of
constructing underground retaining walls;
22.3.s.4. Potential areas of breakout in
active mine workings and on the surface of the ground;
22.3.s.5. Effects of subsidence on the
plan;
22.3.s.6. The effects on the
Hydrologic regime including the location and description of permanent
monitoring wells or monitoring stations;
22.3.s.7. Gradient of the mine from the
backfill area;
22.3.s.8.
Description of the stratum underlying the mined coal;
22.3.s.9. Source and quality of the
refuse;
22.3.s.10. The method of
treatment of water if released to surface streams;
22.3.s.11. A contingency plan formulated to
alleviate or correct any hazardous conditions which may result from a blowout;
and
22.3.s.12. A description of the
surface area to be supported by the refuse backfill, the anticipated surface
effects following backfilling, and the method for dewatering the
backfill.
22.3.t.
Abandonment Plan. An abandonment plan which addresses the following
requirements and include a schedule for their implementation:
22.3.t.1. No refuse embankment or impoundment
may be abandoned until approved by the Secretary.
22.3.t.2. The final top elevation of the
refuse embankment must be higher than, and sloped into, the diversion ditch.
Maximum slope of the top of the embankment to the diversion ditch shall be five
(5) percent unless otherwise approved by the Secretary.
22.3.t.3. All pipes under refuse areas left
as non-impounding fills shall be sealed with concrete at the upstream end prior
to abandonment.
22.3.t.4. At
abandonment all fine refuse in the impoundment pool shall be covered with a
minimum three foot layer of coarse refuse or other fill material prior to being
covered with the non-toxic and non-combustible material unless otherwise
approved by the Secretary.
22.3.t.5. At abandonment all coal refuse
shall be covered with a minimum of four (4) feet of the best available
non-toxic and non-combustible material in a manner that does not impede flow
from sub-drainage systems. The Secretary may allow less than four (4) feet of
cover material where it can be demonstrated on the basis of physical and
chemical analyses of the growth medium that the vegetation requirements of
section 9 of this rule will be met.
22.3.t.6. A certificate of approval for
completion of construction shall be issued upon completion of the above
requirements.
22.4. Permit Requirements - Impounding
Structures. In addition to the requirements of the Act and this rule coal
refuse disposal sites which have the capability of impounding water shall be
subject to the special requirements of this subsection and may be subject to
other State and Federal laws and rules and regulations, depending on their
embankment size and holding capacity.
22.4.a.
Dam Control Act. A coal refuse site which is constructed in such a manner that
it:
(1) Rises twenty-five (25) feet or more
above the natural bed of a stream or watercourse as measured from the
downstream toe of the embankment and which does or can impound fifteen (15)
acre-feet or more of water, or;
(2)
Rises six (6) feet or more above the natural bed of a stream or watercourse as
measured from the downstream toe of the embankment and which does or can
impound fifty (50) acre-feet or more of water is by definition a dam and is
thereby subject to the provisions of the West Virginia Dam Control Act set
forth in W.Va. Code §22-14 et seq.
22.4.b. Mine Safety and Health Administration
(MSHA) Impoundments. A coal refuse site which is constructed in such a manner
that it can impound water, sediment, or slurry to an elevation of:
(1) Five (5) feet or more above the upstream
toe of the structure and can have a storage volume of twenty (20) acres/feet or
more, or;
(2) Twenty (20) feet or
more above the upstream toe of the structure, or;
22.4.c.
Small Impoundments. Coal refuse sites which result in impoundments which are
not subject to the Dam Control Act or the Federal Mine Health and Safety Act
shall be designed, constructed, and maintained subject to the requirements of
this subsection and subsections 5.4 and 22.5.j.6. of this rule.
22.4.d. Hazard Potential. The hazard
potential of coal refuse sites which have the capability of impounding water
shall be determined by the applicant based on the potential loss of life that
would result due to a failure and the classification determined on the basis of
the following criteria:
22.4.d.1. Class A.
Impoundments located in rural or agricultural areas where failure may damage
farm buildings, agricultural land, or secondary highways. Failure of the
structure would cause only loss of the structure and loss of property use such
as related roads, but with little additional damage to adjacent property. Any
impoundment exceeding twenty-five (25) feet in height measured at the
downstream toe or two-hundred (200) acre-feet storage volume or having a
watershed exceeding five hundred (500) acres shall not be a Class A
structure.
22.4.d.2. Class B.
Impoundments located in predominantly rural agricultural areas where failure
may damage isolated homes, primary highways or minor railroads or cause
interruption of relatively important public utilities. Failure of the structure
may cause great damage to property and project operations.
22.4.d.3. Class C. Impoundments located where
failure may cause loss of life, serious damage to homes, industrial and
commercial buildings, important public utilities, primary highways, or main
railroads. This classification must be used if failure would cause possible
loss of human life.
22.4.e. Emergency Planning. For a Class C
structure or if a dangerous condition exists, notification and action
procedures shall be formulated by the operator or owner, for public protection
and remedial action in the event of an emergency. All emergency procedures must
be submitted and become part of the approved plan. If adequate emergency
procedures cannot, for whatever reason, be formulated by the owner or operator,
then he must so notify the Secretary in writing. The Secretary may then notify
the Office of Emergency Services and request that emergency procedures be
developed for the coal refuse site.
22.4.f. Design Storm Specifications. All
refuse impoundments and dams shall be designed to meet the following design
storm criteria based upon hazard classification.
22.4.f.1. Class A impoundments shall be
designed for a minimum of P 100 + 0.12(PMP-P
100) inches of rainfall in six (6) hours.
22.4.f.2. Class B impoundments shall be
designed for a minimum of P 100 + 0.40(PMP-P 100) inches
of rainfall in six (6) hours.
22.4.f.3. Class C impoundments shall be
designed for a probable maximum precipitation (PMP) of a six (6) hour or
greater event plus three feet of freeboard.
22.4.g. Primary and Emergency Spillway
Design. All impoundments meeting the size or other criteria of
30
CFR 77.216(a) must be
designed and constructed to safely pass the probable maximum precipitation of a
six (6) hour storm event. All impoundments of a lesser size must be capable of
passing through a spillway or outlet works or a combination thereof, that
portion of the design storm that cannot be safely stored in the impoundment and
to draw down the stored portion of the design storm within the specified terms
in accordance with the following:
22.4.g.1.
Class A impoundments must be designed with an open channel spillway unless
otherwise approved by the Secretary, Ninety (90) percent of the stored portion
of the design storm must be discharged or removed within ten (10) days after
the storm event.
22.4.g.2. Class B
impoundments shall be designed with either an open channel spillway only, or
with an emergency spillway and a principal spillway together. Ninety (90)
percent of the stored portion of the design storm shall be discharged or
removed within ten days after the storm event.
22.4.g.3. Class C dams may be designed in one
of three ways:
22.4.g.3.A. An impoundment
designed without discharge structures shall be capable of storing a minimum of
two (2) six (6) hour duration probable maximum storms. A system shall be
designed to dewater the impoundment of the probable maximum storm in ten (10)
days by pumping or by other means. The requirements of
38-4-25.14
shall also be met. For existing structures exceeding the minimum 2PMP volume
requirement, the dewatering system shall be installed when the containment
volume is reduced to 2 PMPs.
22.4.g.3.B. An impoundment designed with a
decant or principal spillway only shall be capable of storing at least one (1)
six (6) hour duration probable maximum storm. Ninety (90) percent of the stored
portion of the storm shall be discharged or removed within ten (10) days after
the storm event.
22.4.g.3.C. An
impoundment designed with either an open channel spillway only, or with an
emergency spillway and principal spillway together shall be capable of
discharging that portion of the six (6) hour duration probable maximum storm
that cannot be safely stored in the impoundment. Ninety (90) percent of the
stored portion of the storm shall be discharged or removed within ten (10) days
after the storm event.
22.4.g.4. A single open channel spillway may
be used only if it is:
22.4.g.4.A. Of
non-erodable construction and designed to carry sustained flows; or
22.4.g.4.B. Earth or grass-lined and designed
to carry short term, infrequent flows at non-erosive velocities where sustained
flows are not expected.
22.4.h. Open Channel Spillways. All open
channel spillways must comply with the design standards of this section and the
following additional standards:
22.4.h.1. Any
open channel spillway designed for less than one hundred (100) percent probable
maximum precipitation shall be provided with freeboard above the maximum water
surface as determined by the equation
1+.025vd1/3.
22.4.h.2. All open channel spillways shall be
constructed of non-erodable material where sustained flows are expected, or may
be of earth or grass lined construction where short term infrequent flows at
nonerosive velocities, are expected.
22.4.h.3. Excess excavated material not
needed to construct and maintain the spillway channel must be properly disposed
of in the permit area.
22.4.h.4.
Topsoil removed from channel excavation shall either be redistributed on
another part of the permit area or stockpiled for fixture use.
22.4.i. Pipe Spillways. All pipe
spillways must comply with the requirements of this section and the following
additional requirements:
22.4.i.1. The pipe
spillway inlet must be protected by a designed trash rack.
22.4.i.2. All riser-type spillways must be
designed to prevent vortexing.
22.4.i.3. A skimming device is required where
floating pollutants exist or are anticipated.
22.4.i.4. An adequate foundation and bedding
shall be designed for all pipes and risers.
22.4.i.5. All pipe spillways shall be
designed to provide seepage control along the conduit.
22.4.i.6. Use of Corrugated Metal Pipes
-Corrugated metal pipes, whether coated or uncoated, shall not be used in new
or unconstructed refuse impoundments or slurry cells. If an existing corrugated
metal pipe has developed leaks or otherwise deteriorated so as to cause the
pipe to not function properly and such deterioration constitutes a hazard to
the proper operation of the impoundment, the Secretary will require the
corrugated metal pipe to be either repaired or replaced.
22.4.i.7. The pipe spillway shall be of
sufficient strength to withstand the maximum load of the fill above
it.
22.4.i.8. All pipe spillways
shall be constructed of suitable material to resist deterioration for the
design life of the facility.
22.4.i.9. The outlet of all pipes, where
blockage by animals can occur, must be protected by an animal guard.
22.5. Performance
Standards. The following performance standards shall be met for all coal refuse
disposal sites.
22.5.a. Controlled Placement.
All coal refuse sites shall be placed in new or existing disposal areas within
a permit area designated for this purpose. Coal mine refuse shall be hauled or
conveyed and placed in a controlled manner to:
22.5.a.1. Minimize adverse effects of
leachate and surface-water runoff on surface and ground water quality and
quantity;
22.5.a.2. Ensure mass
stability and prevent mass movement during and after all phases of construction
and be constructed and maintained in such a manner so as to attain a minimum
long-term safety factor of 1.5 provided that structures which have the capacity
to impound water shall also attain a seismic safety factor of 1.2;
22.5.a.3. Ensure that the final disposal
facility is suitable for reclamation and revegetation compatible with the
natural surroundings and the approved postmining land use;
22.5.a.4. Not create a public hazard;
and
22.5.a.5. Prevent
combustion.
22.5.b.
Extraneous Refuse. Coal mine refuse material from activities located outside a
permit area may be disposed of in the permit area only if approved by the
Secretary. Approval shall be based upon a showing that such disposal will be in
accordance with the standards of this section.
22.5.c. slope Protection. slope protection
shall be provided to minimize surface erosion at the site. All disturbed areas,
including diversion channels that are not riprapped or otherwise protected,
shall be revegetated upon completion of construction.
22.5.d. Site development. Clearing and
grubbing shall be performed in the disposal area prior to placement of refuse
material. Topsoil shall be removed, segregated, and stored or redistributed in
accordance with subsection 14.3 of this rule. If approved by the Secretary,
organic material may be used as mulch, or may be included in the topsoil to
control erosion, promote growth of vegetation, or increase the moisture
retention of the soil.
22.5.e.
Final Configuration. The final configuration of the refuse pile shall be
suitable for the approved postmining land use. Terraces may be constructed on
the outslope of the refuse pile if required for stability, control or erosion,
conservation of soil moisture, or facilitation of the approved postmining land
use. The grade of the outslope between terrace benches shall not be steeper
than 2h:1v (50 percent).
22.5.f.
Impoundment Within Fill Areas. No permanent impoundments shall be allowed on
the completed refuse pile. Small depressions may be allowed if they are needed
to retain moisture, minimize erosion, create and enhance wildlife habitat, or
assist revegetation, and if they are not incompatible with stability of the
refuse pile.
22.5.g. Topsoiling.
following final grading of the refuse pile, the coal mine refuse shall be
covered with a minimum of four (4) feet of the best available, nontoxic and
noncombustible material, in a manner that does not impede drainage from the
underdrains. The Secretary may allow less than four (4) feet of cover material
based on physical and chemical analyses which show that the revegetation
requirements of section 9 of this rule will be met.
22.5.h. Notification of Hazardous Conditions.
If any examination or inspection discloses that a potential hazard exists, the
Secretary 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 Secretary shall be notified
immediately. The Secretary shall then notify the appropriate agencies that
other emergency procedures are required to protect the public.
22.5.i. Disposal in Underground Workings.
Coal mine refuse may be disposed of in underground mine workings in accordance
with the provisions of subdivision 22.3.s of this section.
22.5.j. Construction Specifications. New and
existing impounding structures constructed of coal mine refuse or intended to
impound coal mine refuse shall meet the following requirements:
22.5.j.1. Coal mine refuse shall not be used
for construction of an embankment which impounds water unless it has been
demonstrated to the Secretary that the stability of such a structure conforms
to the requirements of this section and the use of coal mine refuse will not
have a detrimental effect on downstream water quality or the environment due to
acid seepage through the impounding structure. 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.
22.5.j.2. If an impounding structure
constructed of coal mine refuse or intended to impound coal mine refuse meets
the criteria of subdivision 22.4.c of this subsection, the combination of
principal and emergency spillways shall be designed and constructed in
accordance with subdivisions 22.4.g and 22.4.h of this subsection.
22.5.j.3. Spillways and outlet works shall be
designed to provide adequate protection against erosion and corrosion. Inlets
shall be protected against blockage.
22.5.j.4. Runoff from areas above the
disposal facility or runoff from surface of the facility that may cause
instability or erosion of the impounding structure shall be diverted into
stabilized diversion channels designed to safely pass the runoff from a one
hundred (100) year, twenty-four (24) hour precipitation event.
22.5.j.5. Impounding structures constructed
of or impounding coal mine refuse shall be designed so that at least ninety
(90) percent of the water stored during the design precipitation event can be
removed within a ten (10) day period.
22.5.j.6. No coal refuse impoundments shall
remain as permanent impoundments. Upon completion of reclamation, such
structures shall not be capable of storing or impounding water.
22.5.j.7. slope protection shall be provided
to protect against erosion and sudden drawdown. Embankment faces shall be
vegetated or otherwise stabilized in accordance with approved
procedures.
22.5.k.
Drainage and Sediment Control. Drainage control measures shall meet the
requirements of section 5 of this rule. After grade release, discharges from
the permit area shall not lower the water quality of receiving
streams.
22.5.l. Removal of
Abandoned Coal Refuse Piles. Where coal refuse is to be removed from an
abandoned coal refuse disposal area under a reclamation contract issued
pursuant to subsection (d) section 28 of the Act and subsection 3.14 of this
rule, the following standards shall be met:
22.5.l.1. Removal of refuse shall be complete
when possible and shall be accomplished in successive horizontal lifts with a
maximum elevation difference between working benches of twelve (12) feet or may
be removed down a slope from the top to the toe provided that the slope is no
steeper than 2H:lV. No refuse may be removed from the toe of the original
embankment until the final removal process.
22.5.l.2. At all times during removal
operations, care shall be exercised to protect the operating personnel, the
public, and to insure long-term stability in accordance with the approved
plan.
22.5.l.3. Where partial
removal is approved, the final graded slopes of the remaining refuse shall be
no steeper than 2H:IV and have at least one bench for every fifty (50) feet of
change in elevation.
22.5.l.4.
Should burning areas be encountered, the fires shall be extinguished in
accordance with subdivision 22.5.m of this subsection, and removal of refuse
shall be done in a safe manner. The final graded slopes of the coal refuse pile
shall result in a stable configuration having a static safety factor of 1.5 as
demonstrated by a stability analysis.
22.5.l.5. The total disturbed area shall be
regraded in such a manner as to be compatible with the natural surroundings and
shall be revegetated in accordance with section 9 of this rule. Such regrading
and revegetation shall occur as contemporaneously as practicable with removal
operations as reflected in the reclamation plan.
22.5.l.6. All remaining refuse materials
disturbed by the operation shall be covered with a minimum of four feet of
cover of non-toxic and non-combustible material sufficient to establish
adequate vegetation except that a lesser cover may be used based on chemical
and physical analysis in accordance with subdivision 9.2.k of this
rule.
22.5.l.7. Regrading drainage
control shall be provided in accordance with the approved reclamation
plan.
22.5.m. Burning
Refuse Piles. Where burning or burned refuse is encountered in the construction
of a new structure or the reconstruction or removal of an existing structure,
the following standards shall be met:
22.5.m.1. Coal mine refuse fires shall be
extinguished by the person who conducts the surface mining activities, in
accordance with a plan approved by the Mine Safety and Health Administration.
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.
22.5.m.2 No burning or
burned coal mine refuse shall be removed from a permitted disposal area without
a removal plan approved by the Secretary. Consideration shall be given to
potential hazards to persons working or living in the vicinity of the
structure.
22.6. Inspections. A qualified registered
professional engineer, or other qualified professional specialist under the
direction of the professional engineer, shall inspect the refuse pile during
construction. The professional engineer or specialist shall be experienced in
the construction of similar earth and refuse structures. Inspection reports
shall be retained for review at or near the site.
22.6.a. Non-impounding Structures.
Inspections of non-impounding refuse piles shall be made at least quarterly
throughout construction and during critical construction periods, which shall
include at a minimum:
22.6.a.1. Foundation
preparation including the removal of all organic material and
topsoil;
22.6.a.2. Placement of
underdrains and protective filter systems;
22.6.a.3. Installation of final surface
drainage systems; and
22.6.a.4. The
final graded and revegetated facility.
22.6.b. Unscheduled Inspections. Regular
inspections by the engineer or specialist shall also be conducted during
placement and compaction of coal mine refuse materials. More frequent
inspections shall be conducted if a potential danger or harm exists to the
public health and safety or the environment. Inspections shall continue until
the refuse pile has been finally graded and revegetated or until a later time
if required by the Secretary.
22.6.c. Reporting Requirements. The following
reporting requirements shall be met:
22.6.c.1.
The qualified registered professional engineer shall provide a certified report
to the Secretary promptly after each inspection, that the refuse pile has been
constructed and maintained as designed and in accordance with the approved
plan, the Act, and this rule. The report shall include any appearances of
instability, structural weakness, and other hazardous conditions; and
22.6.c.2. The certified report on the
drainage system and protective filters shall include col or photographs taken
during and after construction, but before underdrains are covered with coal
mine refuse. 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.
22.7. Impounding
Structures. Inspection of impounding refuse piles shall be made by a qualified
registered engineer or other qualified professional specialist under the
direction of the professional engineer. The professional engineer or specialist
shall be experienced in the construction of impoundments.
22.7.a. Inspection Frequencies. Inspection
shall be made regularly but not less than quarterly during construction, upon
completion of construction, and at least yearly until removal of the structure
or release of the bond. Inspections will be made during placement and
compaction of coal refuse material and during critical construction
periods.
22.7.b. Reporting
Requirements. The qualified professional registered engineer shall promptly,
after each inspection, provide to the Secretary a certified report that the
impoundment has been constructed and maintained as designed and in accordance
with the approved plan and this rule. The report shall include discussions of
any appearances of any instability, structural weakness, or other hazardous
condition, depth and elevation of any impounded waters existing storage
capacity, and existing or required monitoring procedures and instrumentation,
and any aspects of the structure affecting stability.
22.7.c. Examinations. Examination of
impoundments meeting or exceeding the size specification or other criteria set
forth in the Federal Mine Safety and Health Administration regulations at
30
CFR 77.216 shall, in addition to meeting the
inspection requirements of subdivisions 22.7.a and 22.7.b of this subsection,
comply with the MSHA requirements of
30
CFR 77.216-3.
Other impoundments shall be examined at least quarterly by a qualified person designated by the operator for appearances of structural weaknesses and other hazardous conditions.
22.7.d. Filing of Reports. A copy of each
inspection and examination report shall be retained at or near the mine
site.
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.