Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 99. (a) All coal mine waste disposed of in an area other than the mine workings or excavations shall be hauled or conveyed and placed in new or existing disposal areas within a permit area. The disposal area shall be designed, constructed, and maintained in accordance with section 98 of this rule, this section, and sections 100 through 104 of this rule.

(b) Coal mine 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 by the director.

(c) Approval for the disposal of waste from subsection (a) or (b) shall be based on a showing by the person who conducts underground mining activities in the permit area, using hydrologic, geologic, geotechnical, physical, and chemical analyses, that disposal of such materials:

1. (1) minimizes adverse effects of leachate and surface water run-off on surface water and ground water quality and quantity;
2. (2) does not create public health hazards;
3. (3) ensures mass stability and prevents mass movement during and after construction;
4. (4) ensures that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use by covering with a four (4) foot layer of the best available, nontoxic, noncombustible material. The director may allow less than four (4) feet of cover based upon physical and chemical analyses which show that the requirements of this section and sections 100 through 102 are met; and
5. (5) prevents combustion.

(d) Design certification requirements are as follows:

1. (1) 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 facility.
2. (2) The disposal facility shall be designed to attain a minimum long term static safety factor of one and five-tenths (1.5). The foundation and abutments must be stable under all conditions of construction.

(e) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.

(f) If any examination or inspection discloses that a potential hazard exists, the director 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 director shall be notified immediately. The director shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(g) Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the director and the Mine Safety and Health Administration under section 104 of this rule.

(Natural Resources Commission; 312 IAC 25-6-99; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3563, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)