N.M. Admin. Code § 19.8.20.2040

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.20.2040 - COAL PROCESSING WASTE BANKS: SITE INSPECTION

A. All coal processing waste banks shall be inspected, on behalf of the person conducting surface coal mining operations, by a qualified registered professional engineer or other qualified professional specialist under the direction of the professional engineer.

(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(a) foundation preparation including the removal of all organic material and topsoil;

(b) placement of underdrains and protective filters systems;

(c) installation of final surface drainage systems; and

(d) the final graded and revegetated facility. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal processing waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or the environment. Inspections shall continue until the coal processing waste banks have been finally graded and revegetated or until a later time as required by the director.

(2) Inspections shall include such observations and tests as may be necessary to evaluate the potential hazard to human life and property, to ensure that all organic material and topsoil to be used as topdressing have been removed and that proper construction and maintenance are occurring in accordance with the plan submitted under 19.8.9 NMAC and approved by the director.

(3) The engineer or other approved inspector shall consider steepness of slopes, seepage, and other visible factor which could indicate potential failure, and the results of failure with respect to the threat to human life and property.

(4) Where the plan submitted under 19.8.9 NMAC and approved by the director provides for a subdrainage in accordance with Subsection A of 19.8.20.2041 NMAC, inspections shall be made in accordance with Subsection K of 19.8.20.2034 NMAC.

(5) The qualified registered professional engineer shall provide a certified report to the director promptly after each inspection that the coal processing waste bank has been constructed and maintained as designed and in accordance with the approved plan and 19.8.20 NMAC. The report shall include appearances of instability, structural weakness, and other hazardous conditions.

B. If any inspection discloses that a potential hazard exists, the director shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the director shall be notified immediately. The director shall then notify the appropriate emergency agencies that other emergency procedures are required to protect the public from the coal processing waste area.

N.M. Admin. Code § 19.8.20.2040

11-29-97; 19.8.20.2040 NMAC - Rn, 19 NMAC 8.2.20.2040, 9-29-2000