New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS
Section 19.8.20.2047 - COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: GENERAL REQUIREMENTS
Current through Register Vol. 35, No. 24, December 23, 2024
A. 19.8.20.2047 through 2049 NMAC apply to dams and embankments, constructed of coal processing waste, or intended to impound coal processing waste, whether they were completed before adoption of 19.8 NMAC or are intended to be completed thereafter.
B. Waste shall not be used in the construction of dams and embankments unless it has been demonstrated to the director that the stability of such a structure conforms with the requirements of Subsection A of 19.8.20.2049 NMAC. It shall also be demonstrated that the use of waste material shall not have a detrimental affect on downstream water quality or the environment due to acid seepage through the dam or embankment. All demonstrations shall be submitted to and approved by the director.
C. Dams and embankments constructed of coal processing waste or intended to impound coal processing waste shall not be retained permanently as part of approved postmining land use.