Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 7 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINESITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 12.651 - Coal Processing Plants: Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
Construction, operation, maintenance, modification,
						reclamation, and removal activities at operations covered by §
											RSA
						12.650 of this title (relating to
						Applicability) and this section shall comply with the following:
(1) signs and markers for the coal processing
					 plant, coal processing waste disposal area, and water treatment facilities
					 shall comply with §
											RSA
					 12.330 of this title (relating to Signs and
					 Markers);
(2) roads, transport, and
					 associated structures shall be constructed, maintained, and reclaimed in
					 accordance with §
											RSA
					 12.400 and §
											RSA
					 12.401 of this title (relating to Roads:
					 General, and to Primary Roads);
(3)
					 any stream or channel realignment shall comply with §
											RSA
					 12.341 of this title (relating to Hydrologic
					 Balance: Diversions);
(4) if
					 required by the Commission any disturbed area related to the coal processing
					 plant or associated facilities shall have sediment control structures, in
					 compliance with §
											RSA
					 12.343 and §
											RSA
					 12.344 of this title (relating to Hydrologic
					 Balance: Sediment Control Measures, and to Hydrologic Balance: Siltation
					 Structures), and all discharges from these areas shall meet the requirements of
					 §§
											RSA
					 12.339-RSA
					 12.341 of this title (relating to Hydrologic
					 Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards
					 and Effluent Limitations, and to Hydrologic Balance: Diversions), and any other
					 applicable state or federal law;
(5) permanent impoundments associated with
					 coal processing plants shall meet the requirements of §
											RSA
					 12.347 and §
											RSA
					 12.354 of this title (relating to Hydrologic
					 Balance: Permanent and Temporary Impoundments, and to Hydrologic Balance:
					 Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and
					 Treatment Facilities). Dams constructed of or impounding coal mine waste shall
					 comply with §§
											RSA
					 12.376-RSA
					 12.378 of this title (relating to Coal Mine
					 Waste: Dams and Embankments: General Requirements, to Coal Mine Waste: Dams and
					 Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments:
					 Design and Construction);
(6) use
					 of water wells shall comply with §
											RSA
					 12.351 of this title (relating to Hydrologic
					 Balance: Transfer of Wells) and water rights shall be protected in accordance
					 with §
											RSA
					 12.352 of this title (relating to Hydrologic
					 Balance: Water Rights and Replacement);
(7) disposal of coal processing waste, solid
					 waste, and any excavated materials shall comply with §§12.368-12.374,
					 12.375, and 12.363-12.366 of this title (relating to Coal Processing Waste
					 Banks: General Requirements, to Coal Processing Waste Banks: Site Inspection,
					 to Coal Processing Waste Banks: Water Control Measures, to Coal Processing
					 Waste Banks: Construction Requirements, to Coal Processing Waste: Burning, to
					 Coal Processing Waste: Burned Waste Utilization, to Coal Processing Waste:
					 Return to Underground Workings, to Disposal of Noncoal Wastes, to Disposal of
					 Excess Spoil: General Requirements, to Disposal of Excess Spoil: Valley Fills,
					 to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess
					 Spoil: Durable Rock Fills), respectively;
(8) discharge structures for diversions and
					 sediment-control structures shall comply with §
											RSA
					 12.345 of this title (relating to Hydrologic
					 Balance: Discharge Structures);
(9)
					 erosion and pollution attendant to erosion shall be controlled in accordance
					 with §
											RSA
					 12.389 of this title (relating to
					 Stabilization of Surface Areas for Surface Mining);
(10) fish, wildlife and related environmental
					 values shall be protected in accordance with §
											RSA
					 12.380 of this title (relating to Protection
					 of Fish, Wildlife, and Related Environmental Values);
(11) slide areas and other surface areas
					 shall comply with §
											RSA
					 12.381 of this title (relating to Slides and
					 Other Damage);
(12) adverse effects
					 upon or resulting from nearby underground coal mining activities shall be
					 minimized by appropriate measures including, but not limited to compliance with
					 §
											RSA
					 12.353 and §
											RSA
					 12.367 of this title (relating to Hydrologic
					 Balance: Discharge of Water Into and Underground Mine, and to Protection of
					 Underground Mining);
(13)
					 reclamation shall include proper topsoil-handling procedures, revegetation, and
					 abandonment, in accordance with §§
											RSA
					 12.334-RSA
					 12.338 of this title (relating to Topsoil:
					 General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil:
					 Distribution and to Topsoil: Nutrients and Soil Amendments), §
											RSA
					 12.354 of this title (relating to Hydrologic
					 Balance: Postmining Rehabilitation of Sedimentation Ponds), §§
											RSA
					 12.383-RSA
					 12.389 of this title (relating to
					 Contemporaneous Reclamation, to Backfilling and Grading: General Requirements,
					 to Backfilling and Grading: General Grading Requirements, to Backfilling and
					 Grading: Covering Coal and Acid- and Toxic-Forming Materials, to Backfilling
					 and Grading: Thin Overburden, to Backfilling and Grading: Thick Overburden, and
					 to Stabilization of Surface Areas for Surface Mining), §§
											RSA
					 12.390-RSA
					 12.393 and
					 RSA
					 12.395 of this title (relating to
					 Revegetation: General Requirements, to Revegetation: Use of Introduced Species,
					 to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing
					 Practices, and to Revegetation: Standards for Success) and §§12.397
					 of-12.399 of this title (relating to Cessation of Operations: Temporary, to
					 Cessation of Operations: Permanent, and to Postmining Land Use);
(14) conveyors, buildings, storage bins or
					 stockpiles, water treatment facilities, water storage facilities, and any
					 structure or system related to the coal processing plant shall comply with
					 §§
											RSA
					 12.330-RSA 12.403 of
					 this title (relating to Permanent Program Performance Standards--Surface Mining
					 Activities); and
(15) any coal
					 processing plant or associated structures located on prime farmland shall meet
					 the requirements of §§12.620-12.622, 12.624, and 12.625 of this title
					 (relating to Special Permanent Program Performance Standards--Operations on
					 Prime Farmland).