Md. Code Regs. 26.20.28.04

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.28.04 - Covering Coal and Acid-Forming and Toxic-Forming Materials

A. Cover.

(1) The permittee shall either cover, with a minimum of 4 feet of the best available nontoxic and noncombustible material, or treat all exposed coal seams remaining after mining, and all acid-forming materials, toxic-forming materials, combustible materials, or any other materials identified by the Bureau as exposed, used, or produced during mining.

(2) Cover or treatment shall be provided so as to neutralize toxicity, acidity, and combustibility in order to prevent water pollution and sustained combustion, and to 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 Bureau shall specify thicker amounts of cover using nontoxic materials, or special compaction and isolation from ground water contact.

(4) Acid-forming or toxic-forming material may not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.

B. Drainage from acid-forming and toxic-forming spoil into ground and surface water shall be avoided by:

(1) Identifying, burying, and treating, where necessary, spoil which in the judgement of the Bureau may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) Preventing water from coming into contact with acid-forming and toxic-forming spoil and other measures as required by the Bureau; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil within 30 days after it is first exposed on the mine site, or within a lesser period required by the Bureau. Temporary storage of the spoil may be approved by the Bureau upon a finding that burial or treatment within 30 days is not feasible, and that storage will not result in any material risk of water pollution or other environmental damage. Storage approval shall expire as soon as burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

C. 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 or ground waters and wherever necessary to insure stability of the backfilled materials. The method and design specifications of compacting materials shall be approved by the Bureau before acid-forming and toxic-forming materials are covered.

Md. Code Regs. 26.20.28.04

Regulations .04 were previously codified as COMAR 08.13.09.34 a A_F, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.