312 IAC 25-6-37 Surface mining; coal mine waste; refuse piles; site inspection

Sec. 37. (a) All refuse piles shall be inspected, on behalf of the person conducting surface mining activities, by a qualified registered engineer, or a Mine Safety and Health Administration certified inspector or another qualified person either of whom shall conduct their inspection under the direction of a qualified registered professional engineer. The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures. (b) The inspection required under subsection (a) shall occur at least quarterly throughout construction and during critical construction periods. Examples of critical construction periods include the following: (1) Foundation preparation, including the removal of organic material and topsoil. (2) The placement of underdrains and protective filter systems. (3) The installation of final surface drainage systems. (4) The establishment of the final graded and revegetated facility. (c) In addition to the inspections required under subsection (b), regular inspections by a qualified registered professional engineer; or a Mine Safety and Health Administration certified inspector or other qualified person either of whom shall conduct their inspection under the direction of a qualified registered professional engineer, must also be conducted during the placement and compaction of coal mine waste materials. The director shall require more frequent inspection under this subsection and subsection (b) based upon a finding of the potential danger to the health or safety of the public and the potential harm to land, air, and water resources. Inspections may terminate when the refuse pile has been adequately reclaimed. (d) A person who conducts an inspection under this section shall consider the following: (1) The steepness of slopes, seepage, and other visible factors which could indicate potential failure. (2) The results of failure with respect to the threat to human life and property. (e) A person who conducts an inspection under this section must provide a certified copy of the inspection report to the director promptly after each inspection. The report shall state whether the refuse pile is constructed and maintained as designed and in accordance with the approved reclamation plan. (f) The permittee shall maintain copies of the inspection findings at or near the mine site. (g) An inspection shall include observations and tests required to ensure that all organic material and topsoil have been removed to the extent necessary to evaluate the potential hazard to human life and property. (h) If any inspection discloses that a hazard exists, the director 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 director shall be notified immediately, and the director shall notify the appropriate agencies that other emergency procedures are required to protect the public from the coal processing waste area. (i) A certified report on a drainage system and protective filters required by subsections (b) and (e) must 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 specifically and clearly identify the site.