New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1]
Section 19.8.36.40 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: DISPOSAL OF EXCESS ROCK AND EARTH MATERIALS ON SURFACE AREAS ( 717.15)

Excess rock and earth materials produced from an underground mine and not disposed in underground workings or used in backfilling and grading operations shall be placed in surface disposal areas in accordance with requirements of Section 715.15. Where the volume of such material is small and its chemical and physical characteristics do not pose a threat to either public safety or the environment the regulatory authority may modify the requirements of Section 715.15 in accordance with Section 717.14(a)(1).