30 U.S.C. § 1266 — Surface effects of underground coal min-

Page 291 TITLE 30—MINERAL LANDS AND MINING § 1266 tate compliance with the environmental protec- tion standards of this section: Provided, however, That the land disturbed above the highwall shall be limited to that amount necessary to facili- tate said compliance. (4) For the purposes of this subsection (d), the term ‘‘steep slope’’ is any slope above twenty de- grees or such lesser slope as may be defined by the regulatory authority after consideration of soil, climate, and other characteristics of a re- gion or State. (e) Variances to original contour restoration re- quirements (1) Each State program may and each Federal program shall include procedures pursuant to which the regulatory authority may permit variances for the purposes set forth in paragraph (3) of this subsection, provided that the water- shed control of the area is improved; and further provided complete backfilling with spoil mate- rial shall be required to cover completely the highwall which material will maintain stability following mining and reclamation. (2) Where an applicant meets the requirements of paragraphs (3) and (4) of this subsection a variance from the requirement to restore to ap- proximate original contour set forth in sub- section (d)(2) of this section may be granted for the surface mining of coal where the owner of the surface knowingly requests in writing, as a part of the permit application that such a vari- ance be granted so as to render the land, after reclamation, suitable for an industrial, commer- cial, residential, or public use (including rec- reational facilities) in accord with the further provisions of (3) and (4) of this subsection. (3)(A) After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land is deemed to constitute an equal or better economic or public use; (B) is designed and certified by a qualified reg- istered professional engineer in conformance with professional standards established to as- sure the stability, drainage, and configuration necessary for the intended use of the site; and (C) after approval of the appropriate State en- vironmental agencies, the watershed of the af- fected land is deemed to be improved. (4) In granting a variance pursuant to this sub- section the regulatory authority shall require that only such amount of spoil will be placed off the mine bench as is necessary to achieve the planned postmining land use, insure stability of the spoil retained on the bench, meet all other requirements of this chapter, and all spoil place- ment off the mine bench must comply with sub- section (b)(22). (5) The regulatory authority shall promulgate specific regulations to govern the granting of variances in accord with the provisions of this subsection, and may impose such additional re- quirements as he deems to be necessary. (6) All exceptions granted under the provisions of this subsection shall be reviewed not more than three years from the date of issuance of the permit, unless the permittee affirmatively dem- onstrates that the proposed development is pro- ceeding in accordance with the terms of the rec- lamation plan. (f) Standards and criteria for coal mine waste piles The Secretary, with the written concurrence of the Chief of Engineers, shall establish within one hundred and thirty-five days from August 3, 1977, standards and criteria regulating the de- sign, location, construction, operation, mainte- nance, enlargement, modification, removal, and abandonment of new and existing coal mine waste piles referred to in subsection (b)(13) and section 1266(b)(5) of this title. Such standards and criteria shall conform to the standards and criteria used by the Chief of Engineers to insure that flood control structures are safe and effec- tively perform their intended function. In addi- tion to engineering and other technical speci- fications the standards and criteria developed pursuant to this subsection must include provi- sions for: review and approval of plans and speci- fications prior to construction, enlargement, modification, removal, or abandonment; per- formance of periodic inspections during con- struction; issuance of certificates of approval upon completion of construction; performance of periodic safety inspections; and issuance of no- tices for required remedial or maintenance work. (Pub. L. 95–87, title V, § 515, Aug. 3, 1977, 91 Stat. 486; Pub. L. 99–500, § 101(h) [title I, § 123], Oct. 18, 1986, 100 Stat. 1783–242, 1783–267, and Pub. L. 99–591, § 101(h) [title I, § 123], Oct. 30, 1986, 100 Stat. 3341–242, 3341–267; Pub. L. 102–486, title XXV, § 2503(b), Oct. 24, 1992, 106 Stat. 3102.) Editorial Notes REFERENCES IN TEXT Public Law 83–566, referred to in subsec. (b)(8)(B), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Wa- tershed Protection and Flood Prevention Act, which is classified principally to chapter 18 (§ 1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 1992—Subsec. (b)(20). Pub. L. 102–486 designated exist- ing provisions as subpar. (A) and added subpar. (B). 1986—Subsec. (b)(10)(B)(ii). Pub. L. 99–500 and Pub. L. 99–591 inserted ‘‘or a qualified registered professional land surveyor in any State which authorizes land sur- veyors to prepare and certify such maps or plans’’. § 1266. Surface effects of underground coal min- ing operations (a) Rules and regulations The Secretary shall promulgate rules and reg- ulations directed toward the surface effects of underground coal mining operations, embodying the following requirements and in accordance with the procedures established under section 1251 of this title: Provided, however, That in adopting any rules and regulations the Sec- retary shall consider the distinct difference be- tween surface coal mining and underground coal mining. Such rules and regulations shall not conflict with nor supersede any provision of the Federal Coal Mine Health and Safety Act of 1969 Page 292 TITLE 30—MINERAL LANDS AND MINING § 1266 [30 U.S.C. 801 et seq.] nor any regulation issued pursuant thereto, and shall not be promulgated until the Secretary has obtained the written concurrence of the head of the department which administers such Act. (b) Permit requirements Each permit issued under any approved State or Federal program pursuant to this chapter and relating to underground coal mining shall re- quire the operator to— (1) adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent techno- logically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such surface lands, except in those instances where the mining technology used requires planned sub- sidence in a predictable and controlled man- ner: Provided, That nothing in this subsection shall be construed to prohibit the standard method of room and pillar mining; (2) seal all portals, entryways, drifts, shafts, or other openings between the surface and un- derground mine working when no longer need- ed for the conduct of the mining operations; (3) fill or seal exploratory holes no longer necessary for mining, maximizing to the ex- tent technologically and economically feasible return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or exca- vations; (4) with respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, stabilize all waste piles created by the permittee from current operations through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure that the leachate will not degrade below water quality standards established pursuant to ap- plicable Federal and State law surface or ground waters and that the final contour of the waste accumulation will be compatible with natural surroundings and that the site is stabilized and revegetated according to the provisions of this section; (5) design, locate, construct, operate, main- tain, enlarge, modify, and remove, or abandon, in accordance with the standards and criteria developed pursuant to section 1265(f) of this title, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes and used either temporarily or perma- nently as dams or embankments; (6) establish on regraded areas and all other lands affected, a diverse and permanent vege- tative cover capable of self-regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area; (7) protect offsite areas from damages which may result from such mining operations; (8) eliminate fire hazards and otherwise eliminate conditions which constitute a haz- ard to health and safety of the public; (9) minimize the disturbances of the pre- vailing hydrologic balance at the minesite and in associated offsite areas and to the quantity of water in surface ground water systems both during and after coal mining operations and during reclamation by— (A) avoiding acid or other toxic mine drainage by such measures as, but not lim- ited to— (i) preventing or removing water from contact with toxic producing deposits; (ii) treating drainage to reduce toxic content which adversely affects down- stream water upon being released to water courses; (iii) casing, sealing, or otherwise man- aging boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and (B) conducting surface coal mining oper- ations so as to prevent, to the extent pos- sible using the best technology currently available, additional contributions of sus- pended solids to streamflow or runoff out- side the permit area (but in no event shall such contributions be in excess of require- ments set by applicable State or Federal law), and avoiding channel deepening or en- largement in operations requiring the dis- charge of water from mines; (10) with respect to other surface impacts not specified in this subsection including the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, repair areas, storage areas, processing areas, ship- ping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities, operate in accord- ance with the standards established under sec- tion 1265 of this title for such effects which re- sult from surface coal mining operations: Pro- vided, That the Secretary shall make such modifications in the requirements imposed by this paragraph as are necessary to accommo- date the distinct difference between surface and underground coal mining; (11) to the extent possible using the best technology currently available, minimize dis- turbances and adverse impacts of the oper- ation on fish, wildlife, and related environ- mental values, and achieve enhancement of such resources where practicable; (12) locate openings for all new drift mines working acid-producing or iron-producing coal seams in such a manner as to prevent a grav- ity discharge of water from the mine. (c) Suspension of underground coal mining oper- ations in urbanized areas In order to protect the stability of the land, the regulatory authority shall suspend under- ground coal mining under urbanized areas, cit- ies, towns, and communities and adjacent to in- dustrial or commercial buildings, major im- poundments, or permanent streams if he finds imminent danger to inhabitants of the urban- ized areas, cities, towns, and communities. Page 293 TITLE 30—MINERAL LANDS AND MINING § 1267 (d) Applicability of this subchapter to surface op- erations and surface impacts incident to un- derground coal mining operations The provisions of this subchapter relating to State and Federal programs, permits, bonds, in- spections and enforcement, public review, and administrative and judicial review shall be ap- plicable to surface operations and surface im- pacts incident to an underground coal mine with such modifications to the permit application re- quirements, permit approval or denial proce- dures, and bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining. The Sec- retary shall promulgate such modifications in accordance with the rulemaking procedure es- tablished in section 1251 of this title. (Pub. L. 95–87, title V, § 516, Aug. 3, 1977, 91 Stat. 495.) Editorial Notes REFERENCES IN TEXT The Federal Coal Mine Health and Safety Act of 1969, referred to in subsec. (a), is Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, which was redesignated the Federal Mine Safety and Health Act of 1977 by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, and is classified prin- cipally to chapter 22 (§ 801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. § 1267. Inspections and monitoring (a) Inspections of surface coal mining and rec- lamation operations The Secretary shall cause to be made such in- spections of any surface coal mining and rec- lamation operations as are necessary to evalu- ate the administration of approved State pro- grams, or to develop or enforce any Federal pro- gram, and for such purposes authorized rep- resentatives of the Secretary shall have a right of entry to, upon, or through any surface coal mining and reclamation operations. (b) Records and reports; monitoring systems; evaluation of results For the purpose of developing or assisting in the development, administration, and enforce- ment of any approved State or Federal program under this chapter or in the administration and enforcement of any permit under this chapter, or of determining whether any person is in vio- lation of any requirement of any such State or Federal program or any other requirement of this chapter— (1) the regulatory authority shall require any permittee to (A) establish and maintain appropriate records, (B) make monthly reports to the regulatory authority, (C) install, use, and maintain any necessary monitoring equip- ment or methods, (D) evaluate results in ac- cordance with such methods, at such loca- tions, intervals, and in such manner as a regu- latory authority shall prescribe, and (E) pro- vide such other information relative to surface coal mining and reclamation operations as the regulatory authority deems reasonable and necessary; (2) for those surface coal mining and rec- lamation operations which remove or disturb strata that serve as aquifers which signifi- cantly insure the hydrologic balance of water use either on or off the mining site, the regu- latory authority shall specify those— (A) monitoring sites to record the quantity and quality of surface drainage above and below the minesite as well as in the poten- tial zone of influence; (B) monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deep- est) coal seam to be mined; (C) records of well logs and borehole data to be maintained; and (D) monitoring sites to record precipita- tion. The monitoring data collection and analysis required by this section shall be conducted ac- cording to standards and procedures set forth by the regulatory authority in order to assure their reliability and validity; and (3) the authorized representatives of the reg- ulatory authority, without advance notice and upon presentation of appropriate credentials (A) shall have the right of entry to, upon, or through any surface coal mining and reclama- tion operations or any premises in which any records required to be maintained under para- graph (1) of this subsection are located; and (B) may at reasonable times, and without delay, have access to and copy any records, in- spect any monitoring equipment or method of operation required under this chapter. (c) Inspection intervals The inspections by the regulatory authority shall (1) occur on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quar- ter for the surface coal mining and reclamation operation covered by each permit; (2) occur without prior notice to the permittee or his agents or employees except for necessary onsite meetings with the permittee; and (3) include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this chapter. (d) Maintenance of sign Each permittee shall conspicuously maintain at the entrances to the surface coal mining and reclamation operations a clearly visible sign which sets forth the name, business address, and phone number of the permittee and the permit number of the surface coal mining and reclama- tion operations. (e) Violations Each inspector, upon detection of each viola- tion of any requirement of any State or Federal program or of this chapter, shall forthwith in- form the operator in writing, and shall report in writing any such violation to the regulatory au- thority. (f) Availability of information to public Copies of any records, reports, inspection ma- terials, or information obtained under this sub- chapter by the regulatory authority shall be made immediately available to the public at central and sufficient locations in the county,