§ 1265. — Environmental protection performance standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1265]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1265. Environmental protection performance standards
(a) Permit requirement
Any permit issued under any approved State or Federal program
pursuant to this chapter to conduct surface coal mining operations shall
require that such surface coal mining operations will meet all
applicable performance standards of this chapter, and such other
requirements as the regulatory authority shall promulgate.
(b) General standards
General performance standards shall be applicable to all surface
coal mining and reclamation operations and shall require the operation
as a minimum to--
(1) conduct surface coal mining operations so as to maximize the
utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future through surface
coal mining can be minimized;
(2) restore the land affected to a condition capable of
supporting the uses which it was capable of supporting prior to any
mining, or higher or better uses of which there is reasonable
likelihood, so long as such use or uses do not present any actual or
probable hazard to public health or safety or pose any actual or
probable threat of water diminution or pollution, and the permit
applicants' declared proposed land use following reclamation is not
deemed to be impractical or unreasonable, inconsistent with
applicable land use policies and plans, involves unreasonable delay
in implementation, or is violative of Federal, State, or local law;
(3) except as provided in subsection (c) of this section with
respect to all surface coal mining operations backfill, compact
(where advisable to insure stability or to prevent leaching of toxic
materials), and grade in order to restore the approximate original
contour of the land with all highwalls, spoil piles, and depressions
eliminated (unless small depressions are needed in order to retain
moisture to assist revegetation or as otherwise authorized pursuant
to this chapter): Provided, however, That in surface coal mining
which is carried out at the same location over a substantial period
of time where the operation transects the coal deposit, and the
thickness of the coal deposits relative to the volume of the
overburden is large and where the operator demonstrates that the
overburden and other spoil and waste materials at a particular point
in the permit area or otherwise available from the entire permit
area is insufficient, giving due consideration to volumetric
expansion, to restore the approximate original contour, the
operator, at a minimum, shall backfill, grade, and compact (where
advisable) using all available overburden and other spoil and waste
materials to attain the lowest practicable grade but not more than
the angle of repose, to provide adequate drainage and to cover all
acid-forming and other toxic materials, in order to achieve an
ecologically sound land use compatible with the surrounding region:
And provided further, That in surface coal mining where the volume
of overburden is large relative to the thickness of the coal deposit
and where the operator demonstrates that due to volumetric expansion
the amount of overburden and other spoil and waste materials removed
in the course of the mining operation is more than sufficient to
restore the approximate original contour, the operator shall after
restoring the approximate contour, backfill, grade, and compact
(where advisable) the excess overburden and other spoil and waste
materials to attain the lowest grade but not more than the angle of
repose, and to cover all acid-forming and other toxic materials, in
order to achieve an ecologically sound land use compatible with the
surrounding region and that such overburden or spoil shall be shaped
and graded in such a way as to prevent slides, erosion, and water
pollution and is revegetated in accordance with the requirements of
this chapter;
(4) stabilize and protect all surface areas including spoil
piles affected by the surface coal mining and reclamation operation
to effectively control erosion and attendant air and water
pollution;
(5) remove the topsoil from the land in a separate layer,
replace it on the backfill area, or if not utilized immediately,
segregate it in a separate pile from other spoil and when the
topsoil is not replaced on a backfill area within a time short
enough to avoid deterioration of the topsoil, maintain a successful
cover by quick growing plant or other means thereafter so that the
topsoil is preserved from wind and water erosion, remains free of
any contamination by other acid or toxic material, and is in a
usable condition for sustaining vegetation when restored during
reclamation, except if topsoil is of insufficient quantity or of
poor quality for sustaining vegetation, or if other strata can be
shown to be more suitable for vegetation requirements, then the
operator shall remove, segregate, and preserve in a like manner such
other strata which is best able to support vegetation;
(6) restore the topsoil or the best available subsoil which is
best able to support vegetation;
(7) for all prime farm lands as identified in section
1257(b)(16) of this title to be mined and reclaimed, specifications
for soil removal, storage, replacement, and reconstruction shall be
established by the Secretary of Agriculture, and the operator shall,
as a minimum, be required to--
(A) segregate the A horizon of the natural soil, except
where it can be shown that other available soil materials will
create a final soil having a greater productive capacity; and if
not utilized immediately, stockpile this material separately
from other spoil, and provide needed protection from wind and
water erosion or contamination by other acid or toxic material;
(B) segregate the B horizon of the natural soil, or
underlying C horizons or other strata, or a combination of such
horizons or other strata that are shown to be both texturally
and chemically suitable for plant growth and that can be shown
to be equally or more favorable for plant growth than the B
horizon, in sufficient quantities to create in the regraded
final soil a root zone of comparable depth and quality to that
which existed in the natural soil; and if not utilized
immediately, stockpile this material separately from other
spoil, and provide needed protection from wind and water erosion
or contamination by other acid or toxic material;
(C) replace and regrade the root zone material described in
(B) above with proper compaction and uniform depth over the
regraded spoil material; and
(D) redistribute and grade in a uniform manner the surface
soil horizon described in subparagraph (A);
(8) create, if authorized in the approved mining and reclamation
plan and permit, permanent impoundments of water on mining sites as
part of reclamation activities only when it is adequately
demonstrated that--
(A) the size of the impoundment is adequate for its intended
purposes;
(B) the impoundment dam construction will be so designed as
to achieve necessary stability with an adequate margin of safety
compatible with that of structures constructed under Public Law
83-566 (16 U.S.C. 1006);
(C) the quality of impounded water will be suitable on a
permanent basis for its intended use and that discharges from
the impoundment will not degrade the water quality below water
quality standards established pursuant to applicable Federal and
State law in the receiving stream;
(D) the level of water will be reasonably stable;
(E) final grading will provide adequate safety and access
for proposed water users; and
(F) such water impoundments will not result in the
diminution of the quality or quantity of water utilized by
adjacent or surrounding landowners for agricultural, industrial
\1\ recreational, or domestic uses;
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by a comma.
(9) conducting \2\ any augering operation associated with
surface mining in a manner to maximize recoverability of mineral
reserves remaining after the operation and reclamation are complete;
and seal all auger holes with an impervious and noncombustible
material in order to prevent drainage except where the regulatory
authority determines that the resulting impoundment of water in such
auger holes may create a hazard to the environment or the public
health or safety: Provided, That the permitting authority may
prohibit augering if necessary to maximize the utilization,
recoverability or conservation of the solid fuel resources or to
protect against adverse water quality impacts;
---------------------------------------------------------------------------
\2\ So in original. Probably should be ``conduct''.
---------------------------------------------------------------------------
(10) minimize the disturbances to the prevailing hydrologic
balance at the mine-site and in associated offsite areas and to the
quality and quantity of water in surface and ground water systems
both during and after surface coal mining operations and during
reclamation by--
(A) avoiding acid or other toxic mine drainage by such
measures as, but not limited to--
(i) preventing or removing water from contact with toxic
producing deposits;
(ii) treating drainage to reduce toxic content which
adversely affects downstream water upon being released to
water courses;
(iii) casing, sealing, or otherwise managing boreholes,
shafts, and wells and keep \3\ acid or other toxic drainage
from entering ground and surface waters;
---------------------------------------------------------------------------
\3\ So in original. Probably should be ``keeping''.
(B)(i) conducting surface coal mining operations so as to
prevent, to the extent possible using the best technology
currently available, additional contributions of suspended
solids to streamflow, or runoff outside the permit area, but in
no event shall contributions be in excess of requirements set by
applicable State or Federal law;
(ii) constructing any siltation structures pursuant to
subparagraph (B)(i) of this subsection prior to commencement of
surface coal mining operations, such structures to be certified
by a qualified registered engineer or a qualified registered
professional land surveyor in any State which authorizes land
surveyors to prepare and certify such maps or plans to be
constructed as designed and as approved in the reclamation plan;
(C) cleaning out and removing temporary or large settling
ponds or other siltation structures from drainways after
disturbed areas are revegetated and stabilized; and depositing
the silt and debris at a site and in a manner approved by the
regulatory authority;
(D) restoring recharge capacity of the mined area to
approximate premining conditions;
(E) avoiding channel deepening or enlargement in operations
requiring the discharge of water from mines;
(F) preserving throughout the mining and reclamation process
the essential hydrologic functions of alluvial valley floors in
the arid and semiarid areas of the country; and
(G) such other actions as the regulatory authority may
prescribe;
(11) with respect to surface disposal of mine wastes, tailings,
coal processing wastes, and other wastes in areas other than the
mine working or excavations, stabilize all waste piles in designated
areas through construction in compacted layers including the use of
incombustible and impervious materials if necessary and assure the
final contour of the waste pile will be compatible with natural
surroundings and that the site can and will be stabilized and
revegetated according to the provisions of this chapter;
(12) refrain from surface coal mining within five hundred feet
from active and abandoned underground mines in order to prevent
breakthroughs and to protect health or safety of miners: Provided,
That the regulatory authority shall permit an operator to mine near,
through or partially through an abandoned underground mine or closer
to an active underground mine if (A) the nature, timing, and
sequencing of the approximate coincidence of specific surface mine
activities with specific underground mine activities are jointly
approved by the regulatory authorities concerned with surface mine
regulation and the health and safety of underground miners, and (B)
such operations will result in improved resource recovery, abatement
of water pollution, or elimination of hazards to the health and
safety of the public;
(13) design, locate, construct, operate, maintain, enlarge,
modify, and remove or abandon, in accordance with the standards and
criteria developed pursuant to subsection (f) of this section, all
existing and new coal mine waste piles consisting of mine wastes,
tailings, coal processing wastes, or other liquid and solid wastes,
and used either temporarily or permanently as dams or embankments;
(14) insure that all debris, acid-forming materials, toxic
materials, or materials constituting a fire hazard are treated or
buried and compacted or otherwise disposed of in a manner designed
to prevent contamination of ground or surface waters and that
contingency plans are developed to prevent sustained combustion;
(15) insure that explosives are used only in accordance with
existing State and Federal law and the regulations promulgated by
the regulatory authority, which shall include provisions to--
(A) provide adequate advance written notice to local
governments and residents who might be affected by the use of
such explosives by publication of the planned blasting schedule
in a newspaper of general circulation in the locality and by
mailing a copy of the proposed blasting schedule to every
resident living within one-half mile of the proposed blasting
site and by providing daily notice to resident/occupiers in such
areas prior to any blasting;
(B) maintain for a period of at least three years and make
available for public inspection upon request a log detailing the
location of the blasts, the pattern and depth of the drill
holes, the amount of explosives used per hole, and the order and
length of delay in the blasts;
(C) limit the type of explosives and detonating equipment,
the size, the timing and frequency of blasts based upon the
physical conditions of the site so as to prevent (i) injury to
persons, (ii) damage to public and private property outside the
permit area, (iii) adverse impacts on any underground mine, and
(iv) change in the course, channel, or availability of ground or
surface water outside the permit area;
(D) require that all blasting operations be conducted by
trained and competent persons as certified by the regulatory
authority;
(E) provide that upon the request of a resident or owner of
a man-made dwelling or structure within one-half mile of any
portion of the permitted area the applicant or permittee shall
conduct a pre-blasting survey of such structures and submit the
survey to the regulatory authority and a copy to the resident or
owner making the request. The area of the survey shall be
decided by the regulatory authority and shall include such
provisions as the Secretary shall promulgate.
(16) insure that all reclamation efforts proceed in an
environmentally sound manner and as contemporaneously as practicable
with the surface coal mining operations: Provided, however, That
where the applicant proposes to combine surface mining operations
with underground mining operations to assure maximum practical
recovery of the mineral resources, the regulatory authority may
grant a variance for specific areas within the reclamation plan from
the requirement that reclamation efforts proceed as
contemporaneously as practicable to permit underground mining
operations prior to reclamation:
(A) if the regulatory authority finds in writing that:
(i) the applicant has presented, as part of the permit
application, specific, feasible plans for the proposed
underground mining operations;
(ii) the proposed underground mining operations are
necessary or desirable to assure maximum practical recovery
of the mineral resource and will avoid multiple disturbance
of the surface;
(iii) the applicant has satisfactorily demonstrated that
the plan for the underground mining operations conforms to
requirements for underground mining in the jurisdiction and
that permits necessary for the underground mining operations
have been issued by the appropriate authority;
(iv) the areas proposed for the variance have been shown
by the applicant to be necessary for the implementing of the
proposed underground mining operations;
(v) no substantial adverse environmental damage, either
on-site or off-site, will result from the delay in
completion of reclamation as required by this chapter;
(vi) provisions for the off-site storage of spoil will
comply with paragraph (22);
(B) if the Secretary has promulgated specific regulations to
govern the granting of such variances in accordance with the
provisions of this subsection and section 1251 of this title,
and has imposed such additional requirements as he deems
necessary;
(C) if variances granted under the provisions of this
subsection are to be reviewed by the regulatory authority not
more than three years from the date of issuance of the permit;
and
(D) if liability under the bond filed by the applicant with
the regulatory authority pursuant to section 1259(b) of this
title shall be for the duration of the underground mining
operations and until the requirements of this subsection and
section 1269 of this title have been fully complied with.\4\
---------------------------------------------------------------------------
\4\ So in original. The period probably should be a semicolon.
(17) insure that the construction, maintenance, and postmining
conditions of access roads into and across the site of operations
will control or prevent erosion and siltation, pollution of water,
damage to fish or wildlife or their habitat, or public or private
property;
(18) refrain from the construction of roads or other access ways
up a stream bed or drainage channel or in such proximity to such
channel so as to seriously alter the normal flow of water;
(19) establish on the regraded areas, and all other lands
affected, a diverse, effective, and permanent vegetative cover of
the same seasonal variety native to the area of land to be affected
and capable of self-regeneration and plant succession at least equal
in extent of cover to the natural vegetation of the area; except,
that introduced species may be used in the revegetation process
where desirable and necessary to achieve the approved postmining
land use plan;
(20)(A) assume the responsibility for successful revegetation,
as required by paragraph (19) above, for a period of five full years
after the last year of augmented seeding, fertilizing, irrigation,
or other work in order to assure compliance with paragraph (19)
above, except in those areas or regions of the country where the
annual average precipitation is twenty-six inches or less, then the
operator's assumption of responsibility and liability will extend
for a period of ten full years after the last year of augmented
seeding, fertilizing, irrigation, or other work: Provided, That when
the regulatory authority approves a long-term intensive agricultural
postmining land use, the applicable five- or ten-year period of
responsibility for revegetation shall commence at the date of
initial planting for such long-term intensive agricultural
postmining land use: Provided further, That when the regulatory
authority issues a written finding approving a long-term, intensive,
agricultural postmining land use as part of the mining and
reclamation plan, the authority may grant exception to the
provisions of paragraph (19) above;
(B) on lands eligible for remining assume the responsibility for
successful revegetation for a period of two full years after the
last year of augmented seeding, fertilizing, irrigation, or other
work in order to assure compliance with the applicable standards,
except in those areas or regions of the country where the annual
average precipitation is twenty-six inches or less, then the
operator's assumption of responsibility and liability will be
extended for a period of five full years after the last year of
augmented seeding, fertilizing, irrigation, or other work in order
to assure compliance with the applicable standards.\5\
---------------------------------------------------------------------------
\5\ So in original. The period probably should be a semicolon.
---------------------------------------------------------------------------
(21) protect offsite areas from slides or damage occurring
during the surface coal mining and reclamation operations, and not
deposit spoil material or locate any part of the operations or waste
accumulations outside the permit area;
(22) place all excess spoil material resulting from coal surface
mining and reclamation activities in such a manner that--
(A) spoil is transported and placed in a controlled manner
in position for concurrent compaction and in such a way to
assure mass stability and to prevent mass movement;
(B) the areas of disposal are within the bonded permit areas
and all organic matter shall be removed immediately prior to
spoil placement;
(C) appropriate surface and internal drainage systems and
diversion ditches are used so as to prevent spoil erosion and
movement;
(D) the disposal area does not contain springs, natural
water courses or wet weather seeps unless lateral drains are
constructed from the wet areas to the main underdrains in such a
manner that filtration of the water into the spoil pile will be
prevented;
(E) if placed on a slope, the spoil is placed upon the most
moderate slope among those upon which, in the judgment of the
regulatory authority, the spoil could be placed in compliance
with all the requirements of this chapter, and shall be placed,
where possible, upon, or above, a natural terrace, bench, or
berm, if such placement provides additional stability and
prevents mass movement;
(F) where the toe of the spoil rests on a downslope, a rock
toe buttress, of sufficient size to prevent mass movement, is
constructed;
(G) the final configuration is compatible with the natural
drainage pattern and surroundings and suitable for intended
uses;
(H) design of the spoil disposal area is certified by a
qualified registered professional engineer in conformance with
professional standards; and
(I) all other provisions of this chapter are met.\6\
---------------------------------------------------------------------------
\6\ So in original. The period probably should be a semicolon.
(23) meet such other criteria as are necessary to achieve
reclamation in accordance with the purposes of this chapter, taking
into consideration the physical, climatological, and other
characteristics of the site; and \7\
---------------------------------------------------------------------------
\7\ So in original. The word ``and'' probably should appear at end
of par. (24).
---------------------------------------------------------------------------
(24) to the extent possible using the best technology currently
available, minimize disturbances and adverse impacts of the
operation on fish, wildlife, and related environmental values, and
achieve enhancement of such resources where practicable;
(25) provide for an undisturbed natural barrier beginning at the
elevation of the lowest coal seam to be mined and extending from the
outslope for such distance as the regulatory authority shall
determine shall be retained in place as a barrier to slides and
erosion.
(c) Procedures; exception to original contour restoration requirements
(1) Each State program may and each Federal program shall include
procedures pursuant to which the regulatory authority may permit surface
mining operations for the purposes set forth in paragraph (3) of this
subsection.
(2) Where an applicant meets the requirements of paragraphs (3) and
(4) of this subsection a permit without regard to the requirement to
restore to approximate original contour set forth in subsection (b)(3)
or (d)(2) and (3) of this section may be granted for the surface mining
of coal where the mining operation will remove an entire coal seam or
seams running through the upper fraction of a mountain, ridge, or hill
(except as provided in subsection (c)(4)(A) hereof) by removing all of
the overburden and creating a level plateau or a gently rolling contour
with no highwalls remaining, and capable of supporting postmining uses
in accord with the requirements of this subsection.
(3) In cases where an industrial, commercial, agricultural,
residential or public facility (including recreational facilities) use
is proposed or \8\ the postmining use of the affected land, the
regulatory authority may grant a permit for a surface mining operation
of the nature described in subsection (c)(2) of this section where--
---------------------------------------------------------------------------
\8\ So in original. Probably should be ``for''.
---------------------------------------------------------------------------
(A) after consultation with the appropriate land use planning
agencies, if any, the proposed postmining land use is deemed to
constitute an equal or better economic or public use of the affected
land, as compared with premining use;
(B) the applicant presents specific plans for the proposed
postmining land use and appropriate assurances that such use will
be--
(i) compatible with adjacent land uses;
(ii) obtainable according to data regarding expected need
and market;
(iii) assured of investment in necessary public facilities;
(iv) supported by commitments from public agencies where
appropriate;
(v) practicable with respect to private financial capability
for completion of the proposed use;
(vi) planned pursuant to a schedule attached to the
reclamation plan so as to integrate the mining operation and
reclamation with the postmining land use; and
(vii) designed by a registered engineer in conformance with
professional standards established to assure the stability,
drainage, and configuration necessary for the intended use of
the site;
(C) the proposed use would be consistent with adjacent land
uses, and existing State and local land use plans and programs;
(D) the regulatory authority provides the governing body of the
unit of general-purpose government in which the land is located and
any State or Federal agency which the regulatory agency, in its
discretion, determines to have an interest in the proposed use, an
opportunity of not more than sixty days to review and comment on the
proposed use;
(E) all other requirements of this chapter will be met.
(4) In granting any permit pursuant to this subsection the
regulatory authority shall require that--
(A) the toe of the lowest coal seam and the overburden
associated with it are retained in place as a barrier to slides and
erosion;
(B) the reclaimed area is stable;
(C) the resulting plateau or rolling contour drains inward from
the outslopes except at specified points;
(D) no damage will be done to natural watercourses;
(E) spoil will be placed on the mountaintop bench as is
necessary to achieve the planned postmining land use: Provided, That
all excess spoil material not retained on the mountaintop shall be
placed in accordance with the provisions of subsection (b)(22) of
this section;
(F) insure stability of the spoil retained on the mountaintop
and meet the other requirements of this chapter; \9\
---------------------------------------------------------------------------
\9\ So in original. The semicolon probably should be a period.
(5) The regulatory authority shall promulgate specific regulations
to govern the granting of permits in accord with the provisions of this
subsection, and may impose such additional requirements as he deems to
be necessary.
(6) All permits granted under the provisions of this subsection
shall be reviewed not more than three years from the date of issuance of
the permit, unless the applicant affirmatively demonstrates that the
proposed development is proceeding in accordance with the terms of the
approved schedule and reclamation plan.
(d) Steep-slope surface coal mining standards
The following performance standards shall be applicable to steep-
slope surface coal mining and shall be in addition to those general
performance standards required by this section: Provided, however, That
the provisions of this subsection (d) shall not apply to those
situations in which an operator is mining on flat or gently rolling
terrain, on which an occasional steep slope is encountered through which
the mining operation is to proceed, leaving a plain or predominantly
flat area or where an operator is in compliance with provisions of
subsection (c) hereof:
(1) Insure that when performing surface coal mining on steep slopes,
no debris, abandoned or disabled equipment, spoil material, or waste
mineral matter be placed on the downslope below the bench or mining cut:
Provided, That spoil material in excess of that required for the
reconstruction of the approximate original contour under the provisions
of subsection (b)(3) or (d)(2) of this section shall be permanently
stored pursuant to subsection (b)(22) of this section.
(2) Complete backfilling with spoil material shall be required to
cover completely the highwall and return the site to the appropriate
original contour, which material will maintain stability following
mining and reclamation.
(3) The operator may not disturb land above the top of the highwall
unless the regulatory authority finds that such disturbance will
facilitate compliance with the environmental protection standards of
this section: Provided, however, That the land disturbed above the
highwall shall be limited to that amount necessary to facilitate said
compliance.
(4) For the purposes of this subsection (d), the term ``steep
slope'' is any slope above twenty degrees or such lesser slope as may be
defined by the regulatory authority after consideration of soil,
climate, and other characteristics of a region or State.
(e) Variances to original contour restoration requirements
(1) Each State program may and each Federal program shall include
procedures pursuant to which the regulatory authority may permit
variances for the purposes set forth in paragraph (3) of this
subsection, provided that the watershed control of the area is improved;
and further provided complete backfilling with spoil material shall be
required to cover completely the highwall which material will maintain
stability following mining and reclamation.
(2) Where an applicant meets the requirements of paragraphs (3) and
(4) of this subsection a variance from the requirement to restore to
approximate original contour set forth in subsection (d)(2) of this
section may be granted for the surface mining of coal where the owner of
the surface knowingly requests in writing, as a part of the permit
application that such a variance be granted so as to render the land,
after reclamation, suitable for an industrial, commercial, residential,
or public use (including recreational facilities) in accord with the
further provisions of (3) and (4) of this subsection.
(3)(A) After consultation with the appropriate land use planning
agencies, if any, the potential use of the affected land is deemed to
constitute an equal or better economic or public use;
(B) is designed and certified by a qualified registered professional
engineer in conformance with professional standards established to
assure the stability, drainage, and configuration necessary for the
intended use of the site; and
(C) after approval of the appropriate State environmental agencies,
the watershed of the affected land is deemed to be improved.
(4) In granting a variance pursuant to this subsection the
regulatory authority shall require that only such amount of spoil will
be placed off the mine bench as is necessary to achieve the planned
postmining land use, insure stability of the spoil retained on the
bench, meet all other requirements of this chapter, and all spoil
placement off the mine bench must comply with subsection (b)(22) of this
section.
(5) The regulatory authority shall promulgate specific regulations
to govern the granting of variances in accord with the provisions of
this subsection, and may impose such additional requirements as he deems
to be necessary.
(6) All exceptions granted under the provisions of this subsection
shall be reviewed not more than three years from the date of issuance of
the permit, unless the permittee affirmatively demonstrates that the
proposed development is proceeding in accordance with the terms of the
reclamation plan.
(f) Standards and criteria for coal mine waste piles
The Secretary, with the written concurrence of the Chief of
Engineers, shall establish within one hundred and thirty-five days from
August 3, 1977, standards and criteria regulating the design, location,
construction, operation, maintenance, enlargement, modification,
removal, and abandonment of new and existing coal mine waste piles
referred to in subsection (b)(13) of this section and section 1266(b)(5)
of this title. Such standards and criteria shall conform to the
standards and criteria used by the Chief of Engineers to insure that
flood control structures are safe and effectively perform their intended
function. In addition to engineering and other technical specifications
the standards and criteria developed pursuant to this subsection must
include provisions for: review and approval of plans and specifications
prior to construction, enlargement, modification, removal, or
abandonment; performance of periodic inspections during construction;
issuance of certificates of approval upon completion of construction;
performance of periodic safety inspections; and issuance of notices for
required remedial or maintenance work.
(Pub. L. 95-87, title V, Sec. 515, Aug. 3, 1977, 91 Stat. 486; Pub. L.
99-500, Sec. 101(h) [title I, Sec. 123], Oct. 18, 1986, 100 Stat. 1783-
242, 1783-267, and Pub. L. 99-591, Sec. 101(h) [title I, Sec. 123], Oct.
30, 1986, 100 Stat. 3341-242, 3341-267; Pub. L. 102-486, title XXV,
Sec. 2503(b), Oct. 24, 1992, 106 Stat. 3102.)
References in Text
Public Law 83-566, referred to in subsec. (b)(8)(B), is act Aug. 4,
1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed
Protection and Flood Prevention Act, which is classified generally to
chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 1001 of Title 16 and Tables.
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
1992--Subsec. (b)(20). Pub. L. 102-486 designated existing
provisions as subpar. (A) and added subpar. (B).
1986--Subsec. (b)(10)(B)(ii). Pub. L. 99-500 and Pub. L. 99-591
inserted ``or a qualified registered professional land surveyor in any
State which authorizes land surveyors to prepare and certify such maps
or plans''.
Section Referred to in Other Sections
This section is referred to in sections 1251a, 1252, 1257, 1258,
1259, 1260, 1262, 1266, 1269, 1276, 1279, 1291, 1300, 1301 of this
title.
