N.M. Admin. Code § 19.8.20.2047

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

Section 19.8.20.2047 - COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: GENERAL REQUIREMENTS

A. 19.8.20.2047 through 2049 NMAC apply to dams and embankments, constructed of coal processing waste, or intended to impound coal processing waste, whether they were completed before adoption of 19.8 NMAC or are intended to be completed thereafter.

B. Waste shall not be used in the construction of dams and embankments unless it has been demonstrated to the director that the stability of such a structure conforms with the requirements of Subsection A of 19.8.20.2049 NMAC. It shall also be demonstrated that the use of waste material shall not have a detrimental affect on downstream water quality or the environment due to acid seepage through the dam or embankment. All demonstrations shall be submitted to and approved by the director.

C. Dams and embankments constructed of coal processing waste or intended to impound coal processing waste shall not be retained permanently as part of approved postmining land use.

N.M. Admin. Code § 19.8.20.2047

11-29-97; 19.8.20.2047 NMAC - Rn, 19 NMAC 8.2.20.2047, 9-29-2000; A, 12-31-2007