1. (a) The performance standards shall require an operator:

   1. (1) to transport the excess spoil material resulting from surface coal mining and reclamation activities and place it in a controlled manner in position for concurrent compaction to assure mass stability and to prevent mass movement;
   2. (2) to dispose of spoil only within the bonded permit areas;
   3. (3) to remove the organic matter immediately before spoil placement;
   4. (4) to use appropriate surface and internal drainage systems and diversion ditches to prevent spoil erosion and movement;
   5. (5) to use a spoil disposal area that does not contain springs, natural watercourses, or wet weather seeps unless lateral drains are constructed from the wet areas to the main underdrains in a manner that prevents the water from filtering into the spoil pile;

   6. (6) if the spoil is placed on a slope:

      1. (A) to place the spoil on the most moderate slope among the slopes on which, in the judgment of the commission, the spoil could be placed in compliance with this chapter; and
      2. (B) where possible, to place the spoil on or above a natural terrace, bench, or berm if that placement provides additional stability and prevents mass movement;
   7. (7) to construct a rock toe buttress of sufficient size to prevent mass movement if the toe of the spoil rests on a downslope; and
   8. (8) to place the spoil in compliance with other provisions of this chapter.
2. (b) The final configuration of the spoil disposal area shall be compatible with the natural drainage pattern and surroundings and suitable for intended uses.
3. (c) The design of the spoil disposal area shall be certified by a qualified registered professional engineer in conformance with professional standards.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.