La. Admin. Code tit. 43 § XV-5409

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-5409 - Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials

A. Cover

1. Exposed coal seams, acid- and toxic-forming materials and combustible materials exposed, used or produced during mining shall be adequately covered with nontoxic and noncombustible material, or treated, to control the impact on surface water and ground water in accordance with §5331, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved post-mining land use.

2. If necessary, these materials shall be treated to neutralize toxicity in order to prevent water pollution and sustained combustion and minimize adverse effects on plant growth and land uses.

3. 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 office shall specify thicker amounts of cover using nontoxic material, or special compaction and isolation from ground-water contact.

4. 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.

B. Stabilization. Backfilled materials shall be selectively hauled or conveyed, and compacted wherever necessary to prevent leaching of acid-forming and toxic-forming materials into surface water or ground water and wherever necessary to insure stability of the backfilled materials. The method and design specifications of compacting material shall be approved by the office before acid-forming or toxic-forming materials are covered.

La. Admin. Code tit. 43, § XV-5409

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.