New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS
Section 19.8.20.2049 - COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: DESIGN AND CONSTRUCTION
Current through Register Vol. 35, No. 18, September 24, 2024
A. The design of each dam and embankment constructed of coal processing waste or intended to impound such waste shall comply with the requirements of Subsections B through G of 19.8.20.2017 NMAC modified as follows:
B. Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.
C. Dams or embankments constructed of, or impounding, coal processing waste shall be designed, constructed and maintained so that at least 90 percent of the water stored during the design precipitation event shall be removed within a 10 day period.
D. Each impounding structure constructed of coal processing waste or intended to impound coal processing waste that meets the criteria of 30 CFR 77.216(a) shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control, the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the director.
E. No impounding structure constructed of coal processing waste or intended to impound coal processing waste shall be retained as a permanent impoundment as part of the approved postmining land use.