Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-9 - Identification of Mine Area: Environmental Integrity; Postmining Use of Land
Section 1501:13-9-09 - Disposal of coal mine wastes and noncoal mine wastes
Universal Citation: OH Admin Code 1501:13-9-09
Current through all regulations passed and filed through September 16, 2024
(A) Coal mine waste. General requirements.
(1) General. All
coal mine waste shall be placed in new or existing disposal areas within a
permit area, which are approved by the chief for this purpose. Coal mine waste
shall be placed in a controlled manner to:
(a) Minimize adverse effects of leachate and
surface-water runoff on surface and ground water quality and quantity;
(b) Ensure mass stability and
prevent mass movement during and after construction;
(c) Ensure that the final disposal facility
is suitable for reclamation and revegetation compatible with the natural
surroundings and the approved postmining land use;
(d) Not create a public hazard; and
(e) Prevent combustion.
(2) Coal mine waste material from
operations located outside a permit area may be disposed of in the permit area
only if approved by the chief. Approval shall be based upon a showing that such
disposal will be in accordance with the standards of this rule.
(3) Design certification.
(a) The disposal facility shall be designed
using current, prudent engineering practices and shall meet any design criteria
established by the chief. An engineer experienced in the design of similar
earth and waste structures shall certify the design of the disposal facility.
(b) The disposal facility shall be
designed to attain a minimum long-term static safety factor of 1.5, except that
a long-term static safety factor of 1.3 shall be achieved when coal mine wastes
are disposed of in the mined-out area under paragraph (J)(3) of rule
1501:13-9-14
of the Administrative Code. The foundation and abutments must be stable under
all conditions of construction.
(4) Foundation. Sufficient foundation
investigations, as well as any necessary laboratory testing of foundation
material, shall be performed in order to determine the design requirements for
foundation stability. The analyses of the foundation conditions shall take into
consideration the effect of underground mine workings, if any, upon the
stability of the disposal facility.
(5) Emergency procedures. If any examination
or inspection discloses that a potential hazard exists, the chief 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 chief shall be notified immediately. The chief
shall then notify the appropriate agencies that other emergency procedures are
required to protect the public.
(6) Disposal in excess spoil fills. Coal mine
waste may be disposed of in excess spoil fills in accordance with paragraph (J)
of rule
1501:13-9-07
of the Administrative Code.
(7)
Underground disposal. Coal mine waste may be disposed of in underground mine
workings, but only in accordance with a plan approved by the chief and MSHA
under paragraph (N) of rule
1501:13-4-14
of the Administrative Code.
(B) Refuse piles. Refuse piles shall meet the requirements of paragraph (A) of this rule, the additional requirements of paragraph (B) of this rule, and the requirements of 30 C.F.R.77.214 and 30 C.F.R.77.215.
(1) Drainage control.
(a) If the disposal area contains springs,
natural or man-made water courses, or wet weather seeps, the design shall
include diversions and underdrains as necessary to control erosion, prevent
water infiltration into the disposal facility and ensure stability.
(b) Uncontrolled surface drainage may not be
diverted over the outslope of the refuse piles. Runoff from the areas above the
refuse pile and runoff from the surface of the refuse pile shall be diverted
into stabilized diversion channels designed to meet the requirements of
paragraph (F) of rule
1501:13-9-04
of the Administrative Code to pass safely the runoff from a one-hundred-year,
six-hour precipitation event. Runoff diverted from undisturbed areas need not
be commingled with runoff from the surface of the refuse pile.
(c) Underdrains shall comply with the
requirements of paragraph (F) of rule
1501:13-9-07
of the Administrative Code.
(2) Surface area stabilization. Slope
protection shall be provided to minimize surface erosion. All disturbed areas,
including diversion channels that are not riprapped or otherwise protected,
shall be revegetated upon completion of construction.
(3) Placement.
(a) All vegetative and organic materials
shall be removed from the disposal area prior to placement of coal mine waste.
Topsoil shall be removed, segregated and stored or redistributed in accordance
with rule
1501:13-9-03 of
the Administrative Code. If approved by the chief, organic materials may be
used as mulch, or may be included in the topsoil to control erosion, promote
growth of vegetation or increase the moisture retention of the soil.
(b) The final configuration of the refuse
pile shall be suitable for the approved postmining land use. Terraces may be
constructed on the outslope of the refuse pile if required for stability,
control of erosion, conservation of soil moisture, or facilitation of the
approved postmining land use. The grade of the outslope between terrace benches
shall not be steeper than 2h:1v.
(c) No permanent impoundments shall be
allowed on the completed refuse pile. Small depressions may be allowed by the
chief if they are needed to retain moisture, minimize erosion, create and
enhance wildlife habitat, or assist revegetation, and if they are not
incompatible with stability of the refuse pile.
(d) Following final grading of the refuse
pile, the coal mine waste shall be covered with a minimum of four feet of the
best available nontoxic and noncombustible material, in a manner that does not
impede drainage from the underdrains. The chief may allow less than four feet
of cover material based on physical and chemical analyses which show that the
requirements of rule
1501:13-9-15 of the
Administrative Code will be met.
(4) Inspections. An engineer, or other
qualified professional specialist under the direction of the engineer, shall
inspect the refuse pile during construction. The engineer or specialist shall
be experienced in the construction of similar earth and waste structures.
(a) Inspections by the engineer or specialist
shall be made at least quarterly throughout construction and during critical
construction periods. Critical construction periods shall include at a minimum:
(i) Foundation preparation including the
removal of all organic material and topsoil;
(ii) Placement of underdrains and protective
filter systems;
(iii) Installation
of final surface drainage systems; and
(iv) The final graded and revegetated
disposal area.
(b)
Regular inspections by the engineer or specialist shall also be conducted
during placement and compaction of coal mine waste materials. More frequent
inspections shall be conducted if a danger of harm exists to the public health
and safety or to the environment. Inspection shall continue until the refuse
pile has been finally graded and revegetated or until a later time as required
by the chief.
(c) The engineer
shall provide a certified report to the chief promptly after each inspection
that the refuse pile has been constructed and maintained as designed and in
accordance with the approved plan and these rules. The report shall include
appearances of instability, structural weakness, and other hazardous
conditions. A copy of each inspection report shall be retained at or near the
minesite.
(d) The certified report
required under paragraph (B)(4)(c) of this rule shall include color photographs
taken during and after construction, but before underdrains are covered with
coal mine waste. If the underdrain system is constructed in phases, each phase
shall be certified separately. The photographs accompanying each certified
report shall be taken in adequate size and number with enough terrain or other
physical features of the site shown to provide a relative scale to the
photographs and to identify the site specifically and clearly.
(C) Impounding structures. New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of paragraph (A) of this rule and the additional requirements of paragraph (C) of this rule.
(1) Coal mine waste shall not be
used for construction of impounding structures unless it has been demonstrated
to the chief that the stability of such a structure comforms to the
requirements of this rule and the use of coal mine waste will not have a
detrimental effect on downstream water quality or the environment due to acid
seepage through the impounding structure. The stability of the structure and
the potential impact of acid mine seepage through the impounding structure
shall be discussed in detail in the design plan submitted to the chief in
accordance with paragraph (H) of rule 1501:13-4-05 or paragraph (H) of rule
1501:13-4-14
of the Administrative Code.
(2)
(a) Each impounding structure constructed of
coal mine waste or intended to impound coal mine waste shall be designed,
constructed and maintained in accordance with the requirements for temporary
impoundments under paragraph (H) of rule
1501:13-9-04
of the Administrative Code. Such structures may not permanently retain the
ability to impound as part of the approved postmining land use.
(b) If an impounding structure constructed of
coal mine waste or intended to impound coal mine waste meets the criteria of 30
C.F.R.77.216(a), the combination of principal and
emergency spillways shall be able to pass safely the probable maximum
precipitation of a six-hour precipitation event, or greater event as specified
by the chief.
(3)
Spillways and outlet works shall be designed to provide adequate protection
against erosion and corrosion. Inlets shall be protected against blockage.
(4) Drainage control. Runoff from
areas above the disposal facility or runoff from surface of the facility that
may cause instability or erosion on the impounding structure shall be diverted
into stabilized diversion channels designed to meet the requirements of
paragraph (F) of rule
1501:13-9-04
of the Administrative Code and designed to pass safely the runoff from a
one-hundred-year, six-hour design precipitation event.
(5) Impounding structures constructed of or
impounding coal mine waste shall be designed so that at least ninety per cent
of the water stored during the design precipitation event can be removed within
a ten-day period. Within ten days following the occurrence of the design
precipitation event, ninety per cent of the water shall be removed.
(D) Burning and burned waste utilization.
(1) Coal mine waste fires shall
be extinguished by the person who conducts the coal mining operations, in
accordance with a plan approved by the chief and MSHA. The plan shall contain,
at a minimum, provisions to ensure that only those persons authorized by the
permittee, and who have an understanding of the procedures to be used, shall be
involved in the extinguishing operations.
(2) No burning or burned coal mine waste
shall be removed from a permitted disposal area without a removal plan approved
by the chief. Consideration shall be given to potential hazards to persons
working or living in the vicinity of the structure.
(E) Disposal of noncoal mine wastes.
(1) Noncoal mine wastes including, but not
limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned
mining machinery, lumber and other combustible materials generated during coal
mining operations shall be placed and stored in a controlled manner in a
designated portion of the permit area. Placement and storage shall ensure that
leachate and surface runoff do not degrade surface or ground water, that fires
are prevented, and that the area remains stable and suitable for reclamation
and revegetation compatible with the natural surroundings.
(2) Final disposal of noncoal mine wastes, as
described in paragraph (E)(1) of this rule, shall be in a designated disposal
site in the permit area or a state-approved solid waste disposal area. Disposal
sites in the permit area shall be designed and constructed to ensure that
leachate and drainage from the noncoal mine waste area does not degrade surface
or underground water. Wastes shall be routinely compacted and covered to
prevent combustion and wind-borne waste. When the disposal is completed, a
minimum of two feet of soil cover shall be placed over the site, slopes
stabilized, and revegetation accomplished in accordance with rule
1501:13-9-15 of the
Administrative Code. Operation of the disposal site shall be conducted in
accordance with all local, state, and federal requirements.
(3) At no time shall any noncoal mine waste
be deposited in a refuse pile or impounding structure, nor shall an excavation
for a noncoal mine waste disposal site be located within eight feet of any coal
outcrop or coal storage area.
(4)
Notwithstanding any other provision in these rules, any noncoal mine waste
defined as "hazardous" under section 3001 of the Resource Conservation and
Recovery Act (RCRA) (42 U.S.C., Chapter 82, Subchapter III, Section 6921 et
seq., as amended) and 40 CFR part 261 shall be handled in accordance with
the requirements of Subtitle C of RCRA (42 U.S.C.,
Chapter 82, Subchapter III, Section 6921 et seq. as amended) and
40 CFR parts 260 to 270..
(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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