Current through Register Vol. 35, No. 24, December 23, 2024
A. All coal processing waste banks shall be
inspected, on behalf of the person conducting surface coal mining operations,
by a qualified registered professional engineer or other qualified professional
specialist under the direction of the professional engineer.
(1) Such inspections shall be made at least
quarterly throughout construction and during critical construction periods.
Critical construction periods shall include at a minimum:
(a) foundation preparation including the
removal of all organic material and topsoil;
(b) placement of underdrains and protective
filters systems;
(c) installation
of final surface drainage systems; and
(d) the final graded and revegetated
facility. Regular inspections by the engineer or specialist shall also be
conducted during placement and compaction of coal processing waste materials.
More frequent inspections shall be conducted if a danger of harm exists to the
public health and safety or the environment. Inspections shall continue until
the coal processing waste banks have been finally graded and revegetated or
until a later time as required by the director.
(2) Inspections shall include such
observations and tests as may be necessary to evaluate the potential hazard to
human life and property, to ensure that all organic material and topsoil to be
used as topdressing have been removed and that proper construction and
maintenance are occurring in accordance with the plan submitted under 19.8.9
NMAC and approved by the director.
(3) The engineer or other approved inspector
shall consider steepness of slopes, seepage, and other visible factor which
could indicate potential failure, and the results of failure with respect to
the threat to human life and property.
(4) Where the plan submitted under 19.8.9
NMAC and approved by the director provides for a subdrainage in accordance with
Subsection A of
19.8.20.2041 NMAC, inspections
shall be made in accordance with Subsection K of
19.8.20.2034 NMAC.
(5) The qualified registered professional
engineer shall provide a certified report to the director promptly after each
inspection that the coal processing waste bank has been constructed and
maintained as designed and in accordance with the approved plan and 19.8.20
NMAC. The report shall include appearances of instability, structural weakness,
and other hazardous conditions.
B. If any 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 emergency agencies that other emergency procedures are required to
protect the public from the coal processing waste area.
