GENERAL REQUIREMENTS:

1. A. Coal processing waste banks shall be designed and constructed to meet the requirements of 30 CFR 77.214/77.215, and approved by the director.

2. B. All coal processing waste other than wastes to be disposed of in the mine workings or excavation, shall be hauled or conveyed and placed in new and existing disposal areas approved by the director for this purpose. These areas shall be within a permit area. The disposal area shall be designed, constructed and maintained:

   (1) in accordance with 19.8.20.2034 and 2035 NMAC, 19.8.20 NMAC, and 19.8.20.2040 through 2045 NMAC; and

   (2) to prevent combustion.

3. C. Coal processing waste materials from activities located outside a permit are, 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. Approval shall be based on a showing by the person who conducts surface coal mining operations in the permit area, using hydrologic, geotechnical, physical, and chemical analyses, 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.

   [11-29-97; 19.8.20.2039 NMAC - Rn, 19 NMAC 8.2.20.2039, 9-29-2000]