§ 45-760. Mine operators - Duties.

Each permit issued 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.  The operator shall maximize mine stability and maintain the value and reasonably foreseeable use of surface lands, except in those instances when the mining technology used requires planned subsidence in a predictable and controlled manner.  Nothing in this paragraph 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 the return of mine and processing waste, tailings and any other waste incident to the mining operation, to the mine workings or excavations;

4.  Stabilize, with respect to surface disposal of mine wastes, tailings, coal processing wastes and other wastes in areas other than the mine workings or excavations, 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.  The operator shall assure that the leachate will not degrade below water quality standards established pursuant to applicable federal and state law surface or ground waters.  The operator shall assure 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 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 as required by the Department;

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 the public health and safety;

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:

(1)  preventing or removing water from contact with toxic producing deposits,

(2)  treating drainage to reduce toxic content which adversely affects downstream water upon being released to watercourses, and

(3)  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.  In no event shall such contributions be in excess of requirements set by applicable state or federal law.  The operator shall avoid channel deepening or enlargement in operations requiring the discharge of water from mines;

10.  Operate, with respect to other surface impacts not specified in this section, 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, in accordance with the standards established under this title for such effects which result from surface coal mining operations.  The Department 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.  Minimize, to the extent possible using the best technology currently available, disturbances and adverse impacts of the operation on fish, wildlife and related environmental values and achieve enhancement of such resources where practicable; and

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.

Laws 1978, c. 10, § 20, emerg. eff. Feb. 2, 1978.