Before any burned coal processing waste, other materials, or refuse is removed from a disposal area, approval shall be obtained from the Commission. A plan for the method of removal, with maps and appropriate drawings to illustrate the proposed sequence of the operation and method of compliance with §§12.330 - 12.372, this section, and §§12.374 - 12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities), shall be submitted to the Commission. Consideration shall be given in the plan to potential hazards, which may be created by removal, to persons working or living in the vicinity of the structure. The plan shall be certified by a qualified professional engineer.

Source Note: The provisions of this §12.373 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503