(a) All coal processing waste banks shall be inspected by a qualified professional engineer, or other qualified professional specialist under the direction of the professional engineer. 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, beginning within 7 days after preparation of the disposal area begins. The Commission may require more frequent inspection based upon an evaluation of the potential danger to the health or safety of the public and the potential harm to land, air and water resources. Inspections may terminate when the coal processing waste bank has been graded, covered in accordance with §12.371 of this title (relating to Coal Processing Waste Banks: Construction Requirements), topsoil has been distributed on the bank in accordance with §12.337 of this title (relating to Topsoil: Redistribution), or at such a later time as the Commission may require. Critical construction periods shall include at a minimum:
    (A) foundation preparation including the removal of all organic material and topsoil;
    (B) placement of underdrains and protective filter systems;
    (C) installation of final surface drainage systems; and
    (D) the final graded and revegetated facility.
  (2) Regular inspections shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or to the environment. Inspections shall include such observations and tests as may be necessary to evaluate the potential hazard to human life and property, to ensure that all organic material and topsoil have been removed and that proper construction and maintenance are occurring in accordance with the plan submitted under §12.148 of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments) and approved by the Commission.
  (3) The engineer or other approved inspector shall consider steepness of slopes, seepage, and other visible factors which could indicate potential failure, and the results of failure with respect to the threat to human life and property.
  (4) The qualified professional engineer shall provide a certified report to the Commission promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and this chapter (relating to Coal Mining Regulations). The report shall include any appearance of instability, structural weakness, and other hazardous conditions.
  (5) The certified 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 certified separately. The photographs accompanying each certified report shall be taken in adequate size and number and 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.
  (6) Copies of each inspection report shall be maintained at the mine site.
(b) If any inspection discloses that a potential hazard exists, the Commission shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Commission shall be notified immediately. The Commission shall then notify the appropriate emergency agencies that other emergency procedures are required to protect the public from the coal processing waste area.

Source Note: The provisions of this §12.369 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503