880-X-10J-.01 Scope. This Rule sets forth requirements for coal processing plants and their support facilities not located within the permit area for a mine, to ensure the protection of public property and the environment, in accordance with the Act.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 76, 80, 84, 85, 90, 92.

880-X-10J-.02 Applicability. Each person who conducts surface coal mining and reclamation operations, which includes the operation of a coal processing plant which is not located within the permit area for a specific mine, shall obtain a permit in accordance with Rule 880-X-8J-.11 to conduct those operations and comply with Rule 880-X-10J-.03.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 76, 80, 84, 85, 90, 92.

880-X-10J-.03 Coal Processing Plants: Performance Standards. Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this Rule shall comply with the following:

(a) Signs and markers for the coal processing plant, coal processing waste disposal area, and water treatment facilities shall comply with Rule 880-X-10C-.03.

(b) Roads, transport, and associated structures shall be constructed, maintained, and reclaimed in accordance with Rules 880-X-10C-.67 - 880-X-10C-.73.

(c) Any stream or channel realignment shall comply with Rule 880-X-10C-.15.

(d) Any disturbed area related to the coal processing plant or associated facilities shall have sediment control structures, in compliance with Rules 880-X-10C-.16 and 880-X-10C-.17, and all discharges from these areas shall meet the requirements of Rules 880-X-10C-.12 - 880-X-10C-.13 and any other applicable State law.

(e) Permanent impoundments associated with coal processing plants shall meet the requirements of Rules 880-X-10C-.20 and 880-X-10C-.27. Dams constructed of or impounding coal processing waste shall comply with Rules 880-X-10C-.46 - 880-X-10C-.48.

(f) Water rights shall be protected in accordance with Rule 880-X-10C-.25.

(g) Disposal of coal processing waste, solid waste, and any excavated materials shall comply with Rules 880-X-10C-.38 - 880-X-10C-.88, 880-X-10C-.45, and 880-X-10C-.36, respectively.

(h) Discharge structures for diversion and sediment control structures shall comply with Rule 880-X-10C-.18.

(i) Ensure public safety and health.

(j) Fish, wildlife and related environmental values shall be protected in accordance with Rule 880-X-10C-.49.

(k) Slide areas and other surface areas shall comply with Rule 880-X-10C-.50.

(l) Adverse effects upon or resulting from nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to compliance with Rule 880-X-10C-.26 and 880-X-10C-.37.

(m) Reclamation shall include proper topsoil handling procedures, revegetation, and abandonment, in accordance with Rules 880-X-10C-.27, 880-X-10C-.51 - 880-X-10C-.57, 880-X-10C-.58 - 880-X-10C-.63 and 880-X-10C-.64 - 880-X-10C-.66.

(n) 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 Rule 880-X-10C.

(o) Any coal processing plant or associated structures located on prime farmland shall meet the requirements of Rule 880-X-10G.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 76, 80, 84, 85, 90, 92.

History: May 20, 1982; Amended: Filed: September 21, 1993; effective November 20, 1993.