Section 1817.83  Coal Mine Waste:  Refuse Piles

Refuse piles shall meet the requirements of Section 1817.81, the additional requirements of this Section, and the requirements of 30 CFR 77.214 and 77.215 (1989).  30 CFR 77.214 and 77.215 (1989) do not include any later amendments or editions.

a)         Drainage control.

1)         If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.

2)         Uncontrolled surface drainage may not be diverted over the outslope of the refuse pile.  Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1817.43 to safely pass the runoff from a 100 year, six hour precipitation event.  Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.

3)         Underdrains shall comply with the requirements of Section 1817.71(1)(2).

b)         Surface area stabilization.  Slope protection shall be provided to minimize erosion at the site.  All disturbed areas, including diversion channels that are not riprapped or otherwise protected from erosion, shall be revegetated upon completion of construction.

c)         Placement.

1)         All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with Section 1817.22.  If approved by the Department, organic material may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

2)         The final configuration of the refuse pile shall be suitable for the approved post-mining land use.  Terraces may be constructed on the outslope of the refuse pile if required for stability, erosion control, conservation of soil moisture, or facilitation of the approved post-mining land use.  The grade of the outslope between terrace benches shall not be steeper than 2h:1v ( 50%).

3)         No permanent impoundments shall be allowed on the completed refuse pile.  Small depressions may be allowed by the Department if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.

4)         Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The Department may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of Sections 1817.111 through 1817.116 will be met.  The Department shall require neutralization material to be added to the coal mine waste if, based on physical and chemical analyses, this material is needed to prevent acid mine drainage.  This subsection (c)(4) is also applicable to the reclamation of fine coal waste (slurry) not meeting the definition of refuse piles.

d)         Inspections.  A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall inspect the refuse pile during construction.  The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures.

1)         Such inspections shall be made at least quarterly throughout construction and during critical construction periods.

A)        Critical construction periods shall include at a minimum:

i)          Foundation preparation including the removal of all organic material and topsoil;

ii)         Placement of underdrains and protective filter systems;

iii)        Installation of final surface drainage systems; and

iv)        The final graded and revegetated facility.

B)        Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials.  More frequent inspections shall be conducted if a danger or harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated.

2)         The qualified registered professional engineer shall provide a sealed report to the Department promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and 62 Ill Adm. Code 1700 through 1850.  The report shall include appearances of instability, structural weakness, and other hazardous conditions.

3)         The sealed report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste.  If the underdrain system is constructed in phases, each phase shall be sealed separately.  The photographs accompanying each sealed report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.

4)         A copy of each inspection report shall be retained at or near the mine site.

(Source:  Amended at 22 Ill. Reg. 20197, effective November 5, 1998)