Regulation .09 General Requirements for Coal Mine Waste Impounding Structures.

Coal mine waste may not be used in the construction of impounding structures unless it has been demonstrated that the stability of the structure will be ensured, and that the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. All demonstrations shall be submitted to and approval obtained from the Bureau before construction.

Impounding structures constructed of coal mine waste or impounding coal mine waste may not be retained permanently as part of the approved postmining land use.