Section 12.651 - Coal Processing Plants: Performance StandardsConstruction, operation, maintenance, modification, reclamation, and removal activities at operations covered by § RSA 12.650 of this title (relating to Applicability) and this section shall comply with the following:
(1) signs and markers for the coal processing plant, coal processing waste disposal area, and water treatment facilities shall comply with § RSA 12.330 of this title (relating to Signs and Markers);(2) roads, transport, and associated structures shall be constructed, maintained, and reclaimed in accordance with § RSA 12.400 and § RSA 12.401 of this title (relating to Roads: General, and to Primary Roads);(3) any stream or channel realignment shall comply with § RSA 12.341 of this title (relating to Hydrologic Balance: Diversions);(4) if required by the Commission any disturbed area related to the coal processing plant or associated facilities shall have sediment control structures, in compliance with § RSA 12.343 and § RSA 12.344 of this title (relating to Hydrologic Balance: Sediment Control Measures, and to Hydrologic Balance: Siltation Structures), and all discharges from these areas shall meet the requirements of §§ RSA 12.339-RSA 12.341 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, and to Hydrologic Balance: Diversions), and any other applicable state or federal law;(5) permanent impoundments associated with coal processing plants shall meet the requirements of § RSA 12.347 and § RSA 12.354 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments, and to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities). Dams constructed of or impounding coal mine waste shall comply with §§ RSA 12.376-RSA 12.378 of this title (relating to Coal Mine Waste: Dams and Embankments: General Requirements, to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction);(6) use of water wells shall comply with § RSA 12.351 of this title (relating to Hydrologic Balance: Transfer of Wells) and water rights shall be protected in accordance with § RSA 12.352 of this title (relating to Hydrologic Balance: Water Rights and Replacement);(7) disposal of coal processing waste, solid waste, and any excavated materials shall comply with §§12.368-12.374, 12.375, and 12.363-12.366 of this title (relating to Coal Processing Waste Banks: General Requirements, to Coal Processing Waste Banks: Site Inspection, to Coal Processing Waste Banks: Water Control Measures, to Coal Processing Waste Banks: Construction Requirements, to Coal Processing Waste: Burning, to Coal Processing Waste: Burned Waste Utilization, to Coal Processing Waste: Return to Underground Workings, to Disposal of Noncoal Wastes, to Disposal of Excess Spoil: General Requirements, to Disposal of Excess Spoil: Valley Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock Fills), respectively;(8) discharge structures for diversions and sediment-control structures shall comply with § RSA 12.345 of this title (relating to Hydrologic Balance: Discharge Structures);(9) erosion and pollution attendant to erosion shall be controlled in accordance with § RSA 12.389 of this title (relating to Stabilization of Surface Areas for Surface Mining);(10) fish, wildlife and related environmental values shall be protected in accordance with § RSA 12.380 of this title (relating to Protection of Fish, Wildlife, and Related Environmental Values);(11) slide areas and other surface areas shall comply with § RSA 12.381 of this title (relating to Slides and Other Damage);(12) adverse effects upon or resulting from nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to compliance with § RSA 12.353 and § RSA 12.367 of this title (relating to Hydrologic Balance: Discharge of Water Into and Underground Mine, and to Protection of Underground Mining);(13) reclamation shall include proper topsoil-handling procedures, revegetation, and abandonment, in accordance with §§ RSA 12.334-RSA 12.338 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Distribution and to Topsoil: Nutrients and Soil Amendments), § RSA 12.354 of this title (relating to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds), §§ RSA 12.383-RSA 12.389 of this title (relating to Contemporaneous Reclamation, to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials, to Backfilling and Grading: Thin Overburden, to Backfilling and Grading: Thick Overburden, and to Stabilization of Surface Areas for Surface Mining), §§ RSA 12.390-RSA 12.393 and RSA 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and to Revegetation: Standards for Success) and §§12.397 of-12.399 of this title (relating to Cessation of Operations: Temporary, to Cessation of Operations: Permanent, and to Postmining Land Use);(14) conveyors, buildings, storage bins or stockpiles, water treatment facilities, water storage facilities, and any structure or system related to the coal processing plant shall comply with §§ RSA 12.330-RSA 12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities); and(15) any coal processing plant or associated structures located on prime farmland shall meet the requirements of §§12.620-12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland).16 Tex. Admin. Code § 12.651
The provisions of this §12.651 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective September 14, 1999, 24 TexReg 7223; amended to be effective June 12, 2001, 26 TexReg 4090