(a) All coal mine waste banks shall be inspected, on behalf of the person conducting underground mining activities, by a qualified professional engineer or other person approved by the Commission.
  (1) Inspections shall occur at least quarterly, beginning within seven days after preparation of the disposal area begins. The Commission may require more frequent inspections 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 mine waste bank has been graded, covered in accordance with §12.538 of this title (relating to Coal Mine Waste Banks: Construction Requirements), topsoil has been distributed on the bank in accordance with §12.507 of this title (relating to Topsoil: Redistribution), or at such a later time as the Commission may require.
  (2) Inspections shall include such observations and tests as may be necessary to evaluate the potential hazard to human life and property, 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 §§12.190-12.193 of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments, to Protection of Public Parks and Historic Places, to Relocation or Use of Public Roads, and to Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Workings) 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) Copies of the inspection findings 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 mine waste area.

Source Note: The provisions of this §12.536 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