C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER K—PERMANENT PROGRAM PERFORMANCE STANDARDS › PART 817—PERMANENT PROGRAM PERFORMANCE STANDARDS—UNDERGROUND MINING ACTIVITIES

30 C.F.R. § 817.87

Coal mine waste: Burning and burned waste utilization

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(a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the regulatory authority and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.

(b) No burning or unburned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the regulatory authority. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

[48 FR 44031, Sept. 26, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]
Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: Nat. Resources & Env't Prot. Cabinet v. Kentucky Harlan Coal Co., 870 S.W.2d 421 (Ky. Ct. App. 1993).
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Nat. Resources & Env't Prot. Cabinet v. Kentucky Harlan Coal Co., 870 S.W.2d 421 (Ky. Ct. App. 1993). “50-760, 401 KAR Chapter 45 (fly ash subject to permitting process for its disposal); and 30 C.F.R. 817.87 and 405 KAR 18:140 (prior approval required for disposal of reddog).”
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