Section 816.87 - Coal mine waste: Burning and burned waste utilization(a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the regulatory authority and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.(b) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the regulatory authority. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.48 FR 44029, Sept. 26, 1983, as amended at 81 FR 93392 , Dec. 20, 2016; 82 FR 54979 , Nov. 17, 2017