§ 1266. — Surface effects of underground coal mining operations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1266]
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. 1266. Surface effects of underground coal mining operations
(a) Rules and regulations
The Secretary shall promulgate rules and regulations directed toward
the surface effects of underground coal mining operations, embodying the
following requirements and in accordance with the procedures established
under section 1251 of this title: Provided, however, That in adopting
any rules and regulations the Secretary shall consider the distinct
difference between surface coal mining and underground coal mining. Such
rules and regulations shall not conflict with nor supersede any
provision of the Federal Coal Mine Health and Safety Act of 1969 [30
U.S.C. 801 et seq.] nor any regulation issued pursuant thereto, and
shall not be promulgated until the Secretary has obtained the written
concurrence of the head of the department which administers such Act.
(b) Permit requirements
Each permit issued under any approved State or Federal program
pursuant to this chapter and relating to underground coal mining shall
require the operator to--
(1) adopt measures consistent with known technology in order to
prevent subsidence causing material damage to the extent
technologically and economically feasible, maximize mine stability,
and maintain the value and reasonably foreseeable use of such
surface lands, except in those instances where the mining technology
used requires planned subsidence in a predictable and controlled
manner: Provided, That nothing in this subsection shall be construed
to prohibit the standard method of room and pillar mining;
(2) seal all portals, entryways, drifts, shafts, or other
openings between the surface and underground mine working when no
longer needed for the conduct of the mining operations;
(3) fill or seal exploratory holes no longer necessary for
mining, maximizing to the extent technologically and economically
feasible return of mine and processing waste, tailings, and any
other waste incident to the mining operation, to the mine workings
or excavations;
(4) with respect to surface disposal of mine wastes, tailings,
coal processing wastes, and other wastes in areas other than the
mine workings or excavations, stabilize all waste piles created by
the permittee from current operations through construction in
compacted layers including the use of incombustible and impervious
materials if necessary and assure that the leachate will not degrade
below water quality standards established pursuant to applicable
Federal and State law surface or ground waters and that the final
contour of the waste accumulation will be compatible with natural
surroundings and that the site is stabilized and revegetated
according to the provisions of this section;
(5) design, locate, construct, operate, maintain, enlarge,
modify, and remove, or abandon, in accordance with the standards and
criteria developed pursuant to section 1265(f) of this title, 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;
(6) establish on regraded areas and all other lands affected, a
diverse and permanent vegetative cover capable of self-regeneration
and plant succession and at least equal in extent of cover to the
natural vegetation of the area;
(7) protect offsite areas from damages which may result from
such mining operations;
(8) eliminate fire hazards and otherwise eliminate conditions
which constitute a hazard to health and safety of the public;
(9) minimize the disturbances of the prevailing hydrologic
balance at the minesite and in associated offsite areas and to the
quantity of water in surface ground water systems both during and
after 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 to keep acid or other toxic drainage from
entering ground and surface waters; and
(B) 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 such contributions be in excess of requirements
set by applicable State or Federal law), and avoiding channel
deepening or enlargement in operations requiring the discharge
of water from mines;
(10) with respect to other surface impacts not specified in this
subsection including the construction of new roads or the
improvement or use of existing roads to gain access to the site of
such activities and for haulage, repair areas, storage areas,
processing areas, shipping areas, and other areas upon which are
sited structures, facilities, or other property or materials on the
surface, resulting from or incident to such activities, operate in
accordance with the standards established under section 1265 of this
title for such effects which result from surface coal mining
operations: Provided, That the Secretary shall make such
modifications in the requirements imposed by this paragraph as are
necessary to accommodate the distinct difference between surface and
underground coal mining;
(11) 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;
(12) locate openings for all new drift mines working acid-
producing or iron-producing coal seams in such a manner as to
prevent a gravity discharge of water from the mine.
(c) Suspension of underground coal mining operations in urbanized areas
In order to protect the stability of the land, the regulatory
authority shall suspend underground coal mining under urbanized areas,
cities, towns, and communities and adjacent to industrial or commercial
buildings, major impoundments, or permanent streams if he finds imminent
danger to inhabitants of the urbanized areas, cities, towns, and
communities.
(d) Applicability of this subchapter to surface operations and surface
impacts incident to underground coal mining operations
The provisions of this subchapter relating to State and Federal
programs, permits, bonds, inspections and enforcement, public review,
and administrative and judicial review shall be applicable to surface
operations and surface impacts incident to an underground coal mine with
such modifications to the permit application requirements, permit
approval or denial procedures, and bond requirements as are necessary to
accommodate the distinct difference between surface and underground coal
mining. The Secretary shall promulgate such modifications in accordance
with the rulemaking procedure established in section 1251 of this title.
(Pub. L. 95-87, title V, Sec. 516, Aug. 3, 1977, 91 Stat. 495.)
References in Text
The Federal Coal Mine Health and Safety Act of 1969, referred to in
subsec. (a), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as amended,
which was redesignated the Federal Mine Safety and Health Act of 1977 by
Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91 Stat. 1290, and is
classified principally to chapter 22 (Sec. 801 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 801 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 1251a, 1265, 1276, 1279,
1291, 1300, 1301 of this title.
