N.M. Code R. § 19.8.20.2046 – Disposal of Non-coal Wastes

A. Non-coal wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustibles shall be placed, stored or disposed of in a controlled manner in a designated portion of the permit area in accordance with 19.8.9.907, 19.8.20.2009, 2055, and 2056 NMAC. Placement, storage and disposal 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 non-coal wastes shall be in a designated disposal site in the 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 wind-borne waste. When the disposal is completed, a minimum of 2 feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with 19.8.20.2060 through 2066 NMAC. Operation of the disposal site shall be conducted in accordance with all local, state, and federal requirements.
C. At no time shall any non-coal waste material be deposited at refuse embankments or impoundment sites, nor shall any excavation for solid waste disposal be located within 8 feet of any coal outcrop or coal storage area.
D. Wastes produced by any operations other than coal mining operations which are disposed of inside the permit area shall be in compliance with Subsections A, B and C of 19.8.20.2046 NMAC and shall also be in compliance with the following:
(1) No wastes shall be imported into the permit area for the purpose of disposal without the approval of the director. The director shall specify procedures for the disposal of each type of such wastes; and
(2) The permittee shall demonstrate to the director that during the life of the mine and after mine closure the disposal of the waste material will not cause the standards of 20.6.2.3103 NMAC of the New Mexico water quality control commission regulations to be exceeded in ground water which has a pre-mining total dissolved concentration (TDS) of 10,000 mg/1 or less except as provided for at Subsection D of 20.6.2.3109 NMAC.
E. Notwithstanding any other provision in 19.8.20 NMAC, any noncoal mine waste defined as "hazardous waste" under Section 3001 of the Resource Conservation and Recovery Act (RCRA) (Pub. L. 94-580, as amended) and 40 CFR Part 261 shall be handled in accordance with the requirements of Subtitle C and the Hazardous and Solid Waste Amendments (1984) of RCRA, with any implementing regulations, and with the New Mexico hazardous waste management regulations. If the facility becomes subject to RCRA through the treatment, storage and/or disposal of a noncoal hazardous waste, any solid waste at the facility, including exempt coal mine waste, also becomes subject to RCRA through HSWA.
[11-29-97; 19.8.20.2046 NMAC - Rn, 19 NMAC 8.2.20.2046, 9-29-2000]