New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS
Section 19.8.20.2056 - BACKFILLING AND GRADING: COVERING COAL AND ACID- AND TOXIC-FORMING MATERIALS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Exposed coal seams, acid- and toxic-forming materials, and combustible materials exposed, used, or produced during surface coal mining and reclamation operations shall be adequately covered with non-toxic and non-combustible materials, or treated, to control the impact on surface and ground water in accordance with 19.8.20.2009 NMAC to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use.
B. Where necessary to protect against adverse effects on plant growth and the approved post-mining land use from upward migration of salts, exposure by erosion, formation of acid or toxic seeps, to provide an adequate depth for plant growth, or otherwise to meet local conditions, the director shall specify thicker amounts of cover using non-toxic material, or special compaction and isolation from ground water contact.
C. Acid-forming or toxic-forming material shall not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.
