(a) Coal processing waste banks shall be constructed in compliance with §§12.363 and 12.364 of this title (relating to Disposal of Excess Spoil: General Requirements, and to Disposal of Excess Spoil: Valley Fills), except to the extent that the requirements of those sections are varied in this section.
(b) Coal processing waste banks shall have a minimum static safety factor of 1.5.
(c) Compaction requirements during construction or modification of all coal processing waste banks shall meet the requirements of this subsection, instead of those specified in §12.364(d) of this title (relating to Disposal of Excess Spoil: Valley Fills). The coal processing waste shall be:
  (1) spread in layers no more than 24 inches in thickness; and
  (2) compacted to attain 90% of the maximum dry density to prevent spontaneous combustion and to provide the strength required for stability of the coal processing waste bank. Dry densities shall be determined in accordance with the American Association of State Highway and Transportation Officials (AASHTO) Specification T99-74 (Twelfth Edition) (July 1978) or an equivalent method. AASHTO T99-74 is on file and available for inspection at the office of the Commission, 1701 North Congress Avenue, Austin, Texas.
(d) Following grading of the coal processing waste bank, the site shall be covered with a minimum of 4 feet of the best available non-toxic and non-combustible material, in accordance with §12.335(e) of this title (relating to Topsoil: Removal), and in a manner that does not impede flow from subdrainage systems. The coal processing waste bank shall be revegetated in accordance with §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirement, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and to Revegetation: Standards for Success). The Commission may allow less than 4 feet of cover material based on physical and chemical analyses which show that the requirements of §§12.390-12.393 and 12.395 of this title will be met.

Source Note: The provisions of this §12.371 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041.