Section 69-05.2-19-03 - Performance standards - Waste materials - Temporary disposal of coal processing wastes The commission may approve the temporary disposal of coal processing wastes in areas other than excavated pits if the operator demonstrates that:
1. All surface drainage from the area above the disposal site will be diverted as required by the commission. 2. Measures will be taken to minimize surface erosion at the disposal site. 3. All water discharged from the disposal site will comply with chapter 69-05.2-16. 4. No toxic mine drainage from the disposal site will degrade surface or ground water. 5. The disposal site will not create health hazards. 6. Coal processing waste fires can be extinguished in an approved manner. 7. The coal processing waste will be compacted to prevent spontaneous combustion. 8. Fugitive dust from the disposal site can be controlled. 9. The coal processing waste will be permanently disposed of in a timely manner in accordance with section 69-05.2-19-02. 10. The disposal site will be restored in accordance with this article. 11. Dams and embankments constructed of or impounding coal processing waste as a temporary disposal method are in compliance with 69-05.2-20. 12. All temporary coal processing waste disposal facilities are designed using current, prudent engineering practices and meet any design criteria established by the commission. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall certify the design of the disposal facility. N.D. Admin Code 69-05.2-19-03
Effective August 1, 1980; amended effective June 1, 1983; May 1,1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24