Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by §12.650 of this title (relating to Applicability) and this section shall comply with the following:
  (1) signs and markers for the coal processing plant, coal processing waste disposal area, and water treatment facilities shall comply with §12.330 of this title (relating to Signs and Markers);
  (2) roads, transport, and associated structures shall be constructed, maintained, and reclaimed in accordance with §12.400 and §12.401 of this title (relating to Roads: General, and to Primary Roads);
  (3) any stream or channel realignment shall comply with §12.341 of this title (relating to Hydrologic Balance: Diversions);
  (4) if required by the Commission any disturbed area related to the coal processing plant or associated facilities shall have sediment control structures, in compliance with §12.343 and §12.344 of this title (relating to Hydrologic Balance: Sediment Control Measures, and to Hydrologic Balance: Siltation Structures), and all discharges from these areas shall meet the requirements of §§12.339-12.341 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, and to Hydrologic Balance: Diversions), and any other applicable state or federal law;
  (5) permanent impoundments associated with coal processing plants shall meet the requirements of §12.347 and §12.354 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments, and to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities). Dams constructed of or impounding coal mine waste shall comply with §§12.376-12.378 of this title (relating to Coal Mine Waste: Dams and Embankments: General Requirements, to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction);
  (6) use of water wells shall comply with §12.351 of this title (relating to Hydrologic Balance: Transfer of Wells) and water rights shall be protected in accordance with §12.352 of this title (relating to Hydrologic Balance: Water Rights and Replacement);
  (7) disposal of coal processing waste, solid waste, and any excavated materials shall comply with §§12.368-12.374, 12.375, and 12.363-12.366 of this title (relating to Coal Processing Waste Banks: General Requirements, to Coal Processing Waste Banks: Site Inspection, to Coal Processing Waste Banks: Water Control Measures, to Coal Processing Waste Banks: Construction Requirements, to Coal Processing Waste: Burning, to Coal Processing Waste: Burned Waste Utilization, to Coal Processing Waste: Return to Underground Workings, to Disposal of Noncoal Wastes, to Disposal of Excess Spoil: General Requirements, to Disposal of Excess Spoil: Valley Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock Fills), respectively;
  (8) discharge structures for diversions and sediment-control structures shall comply with §12.345 of this title (relating to Hydrologic Balance: Discharge Structures);
  (9) erosion and pollution attendant to erosion shall be controlled in accordance with §12.389 of this title (relating to Stabilization of Surface Areas for Surface Mining);
  (10) fish, wildlife and related environmental values shall be protected in accordance with §12.380 of this title (relating to Protection of Fish, Wildlife, and Related Environmental Values);
  (11) slide areas and other surface areas shall comply with §12.381 of this title (relating to Slides and Other Damage);
  (12) adverse effects upon or resulting from nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to compliance with §12.353 and §12.367 of this title (relating to Hydrologic Balance: Discharge of Water Into and Underground Mine, and to Protection of Underground Mining);
  (13) reclamation shall include proper topsoil-handling procedures, revegetation, and abandonment, in accordance with §§12.334-12.338 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Distribution and to Topsoil: Nutrients and Soil Amendments), §12.354 of this title (relating to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds), §§12.383-12.389 of this title (relating to Contemporaneous Reclamation, to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials, to Backfilling and Grading: Thin Overburden, to Backfilling and Grading: Thick Overburden, and to Stabilization of Surface Areas for Surface Mining), §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and to Revegetation: Standards for Success) and §§12.397-12.399 of this title (relating to Cessation of Operations: Temporary, to Cessation of Operations: Permanent, and to Postmining Land Use);
  (14) conveyors, buildings, storage bins or stockpiles, water treatment facilities, water storage facilities, and any structure or system related to the coal processing plant shall comply with §§12.330-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities); and
  (15) any coal processing plant or associated structures located on prime farmland shall meet the requirements of §§12.620-12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland).

Source Note: The provisions of this §12.651 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective September 14, 1999, 24 TexReg 7223; amended to be effective June 12, 2001, 26 TexReg 4090