(a) This section and §12.377 and §12.378 of this title (relating to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction) apply to dams and embankments, constructed of coal mine waste or intended to impound coal mine waste, whether they were completed before adoption of the regulatory program or are intended to be completed thereafter.
(b) Coal mine waste shall not be used in the construction of dams and embankments unless it has been demonstrated to the Commission that the stability of such a structure conforms with the requirements of this section. It shall also be demonstrated that the use of coal mine waste shall not have a detrimental effect on downstream water quality or the environment due to acid seepage through the dam or embankment. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the Commission in accordance with this chapter (relating to Coal Mining Regulations). All demonstrations shall be submitted to and approved by the Commission.
(c) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with this chapter (relating to Coal Mining Regulations). Such structures may not be retained permanently as part of the approved postmining land use.
(d) If an impounding structure constructed of coal mine waste or intended to impound coal mine waste meets the criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a), the combination of principal and auxiliary spillways shall be able to safely pass the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the Commission.

Source Note: The provisions of this §12.376 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503