LAC 43:XV.5391. Coal Processing Waste: Dams and Embankments―General Requirements

A. New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of §5375. 1. Sections 5391-5395 apply to dams and embankments constructed of coal processing waste or intended to impound coal-processing waste, whether they were completed before adoption of the regulatory program or are intended to be completed thereafter. 2. Waste shall not be used in the construction of dams and embankments unless it has been demonstrated to the office that the stability of such a structure conforms with the requirements of §5395.A. It shall also be demonstrated that the use of waste material shall not have a detrimental effect on downstream water quality or the environment due to acid seepage through the dam or embankment. All demonstrations shall be submitted to and approved by the office. 3. 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 office in accordance with §2725. 4. Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with §5333. Such structures may not be retained permanently as part of the approved post-mining land use.