§ 880-X-10C-.41. Coal Mine Waste: Impounding Structures
New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of Section 880-X-10C-.38.
(1) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the Regulatory Authority that the stability of such a structure conforms to the requirements of this part 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 Regulatory Authority in accordance with Section 880-X-8F-.11.
(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 Section 880-X-10C-.20(l) and (3). Such structures may not be retained permanently as part of the approved postmining land use.
(b) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of § 77.216(a) of this title, 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 Alabama Surface Mining Commission.
(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 the surface of the facility that may cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of Section 880-X-10C-.14 and designed to safely pass the run off from a 100-year, 6-hour design precipitation event.
(5) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least 90 percent of the water stored during the design precipitation event can be removed within a 10-day period.
(6) For an impounding structure constructed of or impounding coal mine waste, at least 90 percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.
Author: Randall C. Johnson(Original Filed November 14, 1989; effective March 7, 1991. Amended: Filed: September 21, 1993; effective November 20, 1993.)
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, et seq.
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