OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Todd Leatherman

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COALEX STATE INQUIRY REPORT - 73

July 14, 1986

Steven Wood, Assistant Director

Division of Surface Mining

305 West Springdale Avenue

Knoxville, Tennessee 38917

TOPIC: IMPOUNDMENT BANKS

INQUIRY: Are coal mine operators required to reclaim impoundment banks constructed of or 

impounding coal mine waste?

SEARCH RESULTS: A search of COALEX was conducted examining the history of 30 CFR 

816.84 which contains the regulations regarding coal mine waste impoundment banks under the 

permanent regulatory program; 30 CFR 715.18 which provides the guidelines for coal mine 

waste impoundments under the interim regulatory program; and 30 CFR 77.216-4 which 

contains the Mine Safety and Health Administration's (MSHA) requirements for abandoning 

water, sediment or slurry impoundments and impounding structures.

Subsection (b)(1) of Sec. 816.84*, which deals with the abandonment of coal mine waste 

impoundment banks reads as follows:

"Each impounding structure constructed of coal mine waste or intended to impound coal mine 

waste shall be designed, constructed and maintained in accordance with Sec. 816.49 (a) and 

(c).** Such structures may not be retained permanently as part of the approved postmining land 

use." 

* Sec. 817 which provides the permanent program performance standards or underground 

mining activities contains identical provisions in regards to coal mine waste impoundment 

structures as those found in Sec. 816.84.

**Sec. 816.49(a) contains general requirements applicable to temporary and permanent 

impoundments.

____________________________________________________________________________

HISTORY

Sec. 816.84 began as three separate sections (30 CFR 816.91, 816.92 and 816.93) in the original 

permanent regulatory program. (44 FR 15409,15410 (MARCH 13, 1979)) These sections dealt 

with coal processing waste dam and embankment general requirements, site preparation 

requirements, and design and construction requirements. respectively. None of these sections

contained requirements for the reclamation of coal mine waste impoundments.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Todd Leatherman

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On June 18, 1982, in a proposed change of the permanent program, OSM proposed 2 options as 

possible substitutes for the existing sections on coal mine waste embankments.

Option 1 proposed to combine the three sections into one section and make certain changes in the 

general, site preparation, and design and construction requirements of Sec. 816.91-93 (816.86) 

(47 FR 26604 (JUNE 18, 1982))

Option 2 proposed combining the general, and the design and construction requirements with the 

same proposed changes to those sections as provided under Option 1. Option 2, however, would 

have deleted the section dealing with site preparation (816.92). 

Neither proposed Option 1 nor Option 2 contained language expressly requiring the reclamation 

of coal mine waste impoundment structures.

The final rule, adopted as 816.84 (rather than 816.86) on September 26, 1983, contained 

elements of both options. The changes in general, construction, and design requirements 

proposed in Option 1 were adopted, and the site preparation requirements, which under Option 2 

were to be eliminated, were adopted under a different section, amended Sec. 816.49(a) which 

contains site preparation requirements for all impoundments. Final rule 816.84 contains a 

reference to these site preparation requirements in subsection (b).

The final rule also contained the first express statement that coal mine waste impounding 

structures could not be maintained as part of the approved postmining land use. (48 FR 44024 

(September 26, 1983))

INITIAL PROGRAM REGULATIONS

Sec. 715.18 contains the requirements for "Dams constructed of or impounding waste material" 

for mines operating under the initial program regulations, enacted December 13, 1977 (42 FR 

62677). Subsection (b)(8) of Sec. 715.18, which deals with reclamation of coal mine waste 

impoundment structures, reads as follows:

"All dams shall be removed and the disturbed areas regraded, revegetated, and stabilized before 

the release of bond unless the regulatory authority approves retention of such dams as being 

compatible with an approved postmining land use." (Sec. 715.13)*** 

*** Sec. 715.13 states that "[a]ll disturbed areas shall be restored in a timely manner (1) to 

conditions that are capable of supporting the uses which they were capable of supporting before 

any mining, or (2) to higher or better uses achievable under criteria and procedures of ... this 

section." (30 CFR 715.13)

MSHA REQUIREMENTS

Operations which make use of coal mine waste impoundment structures must also comply with 

MSHA regulations. 30 CFR 77.216-5 contains MSHA's guidelines for the abandonment of 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Todd Leatherman

Page 3 of 3

"Water, sediment, or slurry impoundments and impounding structures." Sec. 77.216-5 reads as 

follows: 

"Prior to abandonment of any water, sediment, or slurry impoundments and impounding 

structures which meet the requirements of Sec. 77.216(a), the person owning, operating, or 

controlling such an impoundment and impounding structure shall submit to and obtain approval 

of the District Manager a plan for abandonment based on current, prudent engineering practices 

which shall contain provisions to preclude the probability of future impoundment of water, 

sediment, or slurry, provide for major slope stability and include a schedule for the plan's 

implementation." 

ATTACHMENTS

A. 44 FR 15409-10. 

B. 47 FR 26603-04. 

C. 48 FR 44023-25. 

D. 30 CFR 715.18. 

E. 30 CFR 77.216.