§ 880-X-10D-.50. Backfilling And Grading: Coal And Acid And Toxic-Forming Materials
(1) Covering or treating.
(a) A person who conducts underground mining activities shall treat, or cover with a minimum of 4 feet of the best available non-toxic and noncombustible material, all exposed coal seams remaining after mining, and all acid-forming materials, toxic-forming materials, combustible materials, or any other materials identified by the State Regulatory Authority, as exposed, used, or produced during mining.
(b) A lesser depth than the four feet provided for by (1)(a) of this Rule may be allowed by the State Regulatory Authority upon the underground miner's demonstration that revegetation and all other requirements of this Rule can be established in accordance with the postmining land use.
(c) If necessary, these materials shall be treated to neutralize toxicity, prevent water pollution, prevent sustained combustion, and minimize adverse effects on plant growth and land uses.
(d) Where necessary to protect against 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 State Regulatory Authority shall specify thicker amounts of cover using non-toxic material, or special compaction and isolation from ground water contact.
(e) 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.
(2) Stabilization. Backfilled material shall be selectively hauled or conveyed, and compacted wherever necessary to prevent leaching of acid-forming and toxic-forming materials into surface or ground waters and wherever necessary to insure stability of the backfilled materials. The method and design specifications of compacting material shall be approved by the State Regulatory Authority before acid-forming and toxic-forming materials are covered.
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 89, 90, 91, 97.
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