§ 30:915 — Environmental protection performance standards

Louisiana § 30:915

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§915. Environmental protection performance standards
A. Any permit issued pursuant to this Chapter to conduct surface coal mining
operations shall require that such surface coal mining operations will meet all applicable
performance standards of this Chapter and the regulations issued pursuant to this Chapter.
B. General performance standards shall be applicable to all surface coal mining and
reclamation operations and shall require the operator as a minimum to:
(1) Conduct surface coal mining operations so as to maximize the utilization and
conservation of the solid fuel resource being recovered so that reaffecting the land in the
future through surface coal mining can be minimized.
(2) Restore the land affected to a condition capable of supporting the uses which it
was capable of supporting prior to any mining, or higher or better uses of which there is
reasonable likelihood, so long as such use or uses do not present any actual or probable
hazard to public health or safety or pose any actual or probable threat of water diminution
or pollution, and the permit applicant's declared proposed land use following reclamation is
not deemed to be impractical or unreasonable, inconsistent with applicable land use policies
and plans, involves unreasonable delay in implementation, or is violative of State, Federal
or local law.
(3) Except as provided in Subsection C of this Section with respect to all surface coal
mining operations backfill, compact (where advisable to insure stability or to prevent
leaching of toxic materials), and grade in order to restore the approximate original contour
of the land with all highwalls, spoil piles, and depressions eliminated, unless small
depressions are needed in order to retain moisture to assist revegetation or as otherwise
authorized pursuant to this Chapter: Provided, that in surface coal mining which is carried
out at the same location over a substantial period of time where the operation transects the
coal deposit, and the thickness of the coal deposits relative to the volume of the overburden
is large and where the operator demonstrates that the overburden and other spoil and waste
materials at a particular point in the permit area or otherwise available from the entire permit
area is insufficient, giving due consideration to volumetric expansion, to restore the
approximate original contour, the operator, at a minimum, shall backfill, grade, and compact,
where advisable, using all available overburden and other spoil and waste materials to attain
the lowest practicable grade but not more than the angle of repose, to provide adequate
drainage and to cover all acid-forming and other toxic materials, in order to achieve an
ecologically sound land use compatible with the surrounding region: Provided further, that
in surface coal mining where the volume of overburden is large relative to the thickness of
the coal deposit and where the operator demonstrates that due to volumetric expansion the
amount of overburden and other spoil and waste materials removed in the course of the
mining operation is more than sufficient to restore the approximate original contour, the
operator shall, after restoring the approximate contour, backfill, grade, and compact (where
advisable) the excess overburden and other spoil and waste materials to attain the lowest
grade but not more than the angle of repose, and to cover all acid-forming and other toxic
materials, in order to achieve an ecologically sound land use compatible with the surrounding
region and that such overburden or spoil shall be shaped and graded in such a way as to
prevent slides, erosion, and water pollution and is revegetated in accordance with the
requirements of this Chapter.
(4) Stabilize and protect all surface areas including spoil piles affected by the surface
coal mining and reclamation operation to effectively control erosion and attendant air and
water pollution.
(5) Remove the topsoil from the land in a separate layer, replace it on the backfill
area, or if not utilized immediately, segregate it in a separate pile from other spoil and when
the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration
of the topsoil, maintain a successful cover by quick growing plant or other means thereafter
so that the topsoil is preserved from wind and water erosion, remains free of any
contamination by other acid or toxic material, and is in a usable condition for sustaining
vegetation when restored during reclamation, except if topsoil is of insufficient quantity or
of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable
for vegetation requirements, then the operator shall remove, segregate, and preserve in a like
manner such other strata which is best able to support vegetation.
(6) Restore the topsoil or the best available subsoil which is best able to support
vegetation.
(7) For all prime farmlands as identified in R.S. 30:907(B)(16) to be mined and
reclaimed, specifications for soil removal, storage, replacement, and reconstruction shall be
established by the secretary, and the operator shall, as a minimum, be required to:
(a) Segregate the A horizon of the natural soil, except where it can be shown that
other available soil materials will create a final soil having a greater productive capacity; and
if not utilized immediately, stockpile this material separately from other spoil, and provide
needed protection from wind and water erosion or contamination by other acid or toxic
material.
(b) Segregate the B horizon of the natural soil, or underlying C horizons or other
strata, or a combination of such horizons or other strata that are shown to be both texturally
and chemically suitable for plant growth and that can be shown to be equally or more
favorable for plant growth than the B horizon, in sufficient quantities to create in the
regraded final soil a root zone of comparable depth and quality to that which existed in the
natural soil; and if not utilized immediately, stockpile this material separately from other
spoil, and provide needed protection from wind and water erosion or contamination by other
acid or toxic material.
(c) Replace and regrade the root zone material described in Subparagraph (b) of this
Paragraph with proper compaction and uniform depth over the regraded spoil material, and
(d) Redistribute and grade in a uniform manner the surface soil horizon described
in Subparagraph (a) of this Paragraph.
(8) Create, if authorized in the approved mining and reclamation plan and permit,
permanent impoundments of water on mining sites as part of reclamation activities only
when it is adequately demonstrated that:
(a) The size of the impoundment is adequate for its intended purposes.
(b) The impoundment dam construction will be so designed as to achieve necessary
stability with an adequate margin of safety compatible with that of structures constructed
under United States Public Law 83-566, 16 U.S.C. 1006.
(c) The quality of impounded water will be suitable on a permanent basis for its
intended use and that discharges from the impoundment will not degrade the water quality
below water quality standards established pursuant to applicable Federal and State law in the
receiving stream.
(d) The level of water will be reasonably stable.
(e) Final grading will provide adequate safety and access for proposed water users,
and
(f) Such water impoundments will not result in the diminution of the quality or
quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial,
recreational, or domestic uses.
(9) Conducting any augering operation associated with surface mining in a manner
to maximize recoverability of mineral reserves remaining after the operation and reclamation
are complete; and seal all auger holes with an impervious and noncombustible material in
order to prevent drainage except where the secretary determines that the resulting
impoundment of water in such auger holes may create a hazard to the environment or the
public health or safety: Provided, that the secretary may prohibit augering if necessary to
maximize the utilization, recoverability or conservation of the solid fuel resources or to
protect against adverse water quality impacts.
(10) Minimize the disturbances to the prevailing hydrologic balance at the mine-site
and in associated offsite areas and to the quality and quantity of water in surface and ground
water systems both during and after surface coal mining operations and during reclamation
by:
(a) Avoiding acid or other toxic mine drainage by such measures as, but not limited
to:
(i) Preventing or removing water from contact with toxic producing deposits.
(ii) Treating drainage to reduce toxic content which adversely affects downstream
water upon being released to water courses.
(iii) Casing, sealing, or otherwise managing boreholes, shafts and wells and keep
acid or other toxic drainage from entering ground and surface waters.
(b)(i) Conducting surface coal mining operations so as to prevent, to the extent
possible using the best technology currently available, additional contributions of suspended
solids to streamflow, or runoff outside the permit area, but in no event shall contributions be
in excess of requirements set by applicable State or Federal law.
(ii) Constructing any siltation structures pursuant to Item (i) of this Subparagraph
prior to commencement of surface coal mining operations, such structures to be certified by
a qualified registered engineer to be constructed as designed and as approved in the
reclamation plan.
(c) Cleaning out and removing temporary or large settling ponds or other siltation
structures from drainways after disturbed areas are revegetated and stabilized; and depositing
the silt and debris at a site and in a manner approved by the regulatory authority.
(d) Restoring recharge capacity of the mined area to approximate premining
conditions.
(e) Avoiding channel deepening or enlargement in operations requiring the discharge
of water from mines.
(f) Such other actions as the secretary may prescribe.
(11) With respect to surface disposal of mine wastes, tailings, coal processing
wastes, and other wastes in areas other than the mine working or excavations, stabilize all
waste piles in designated areas through construction in compacted layers including the use
of incombustible and impervious materials if necessary and assure the final contour of the
waste pile will be compatible with natural surroundings and that the site can and will be
stabilized and revegetated according to the provisions of this Chapter.
(12) Refrain from surface coal mining within five hundred feet from active and
abandoned underground mines in order to prevent breakthroughs and to protect health or
safety of miners: Provided, that the secretary shall permit an operator to mine near, through
or partially through an abandoned underground mine or closer to an active underground mine
if (a) the nature, timing, and sequencing of the approximate coincidence of specific surface
mine activities with specific underground mine activities are jointly approved by the
regulatory authorities concerned with surface mine regulation and the health and safety of
underground miners, and (b) such operations will result in improved resource recovery,
abatement of water pollution, or elimination of hazards to the health and safety of the public.
(13) Design, locate, construct, operate, maintain, enlarge, modify, and remove or
abandon, in accordance with the standards and criteria developed by the Secretary of the
Interior pursuant to Section 515(f) of Public Law 95-87,* 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 permanently as dams or embankments.
(14) Insure that all debris, acid-forming materials, toxic materials, or materials
constituting a fire hazard are treated or buried and compacted or otherwise disposed of in a
manner designed to prevent contamination of ground or surface waters and that contingency
plans are developed to prevent sustained combustion.
(15) Insure that explosives are used only in accordance with existing state and federal
law and the regulations issued by the secretary pursuant to this Chapter, which shall include
provisions to:
(a) Provide adequate advance written notice to local governments and residents who
might be affected by the use of such explosives by publication of the planned blasting
schedule in a newspaper of general circulation in the locality and by mailing a copy of the
proposed blasting schedule to every resident living within one-half mile of the proposed
blasting site and by providing daily notice to resident/occupiers in such areas prior to any
blasting.
(b) Maintain for a period of at least three years and make available for public
inspection upon request a log detailing the location of the blasts, the pattern and depth of the
drill holes, the amount of explosives used per hole, and the order and length of delay in the
blasts.
(c) Limit the type of explosives and detonating equipment, the size, the timing and
frequency of blasts based upon the physical conditions of the site so as to prevent (i) injury
to persons, (ii) damage to public and private property outside the permit area, (iii) adverse
impacts on any underground mine, and (iv) change in the course, channel, or availability of
ground or surface water outside the permit area.
(d) Require the training, examination, and certification of persons engaging in or
directly responsible for blasting or use of explosives in surface coal mining operations.
(e) Provide that upon the request of a resident or owner of a man-made dwelling or
structure within one-half mile of any portion of the permitted area the applicant or permittee
shall conduct a pre-blasting survey of such structures and submit the survey to the secretary
and a copy to the resident or owner making the request. The area of the survey shall be
decided by the secretary and shall include such provisions as the secretary shall promulgate.
(16) Insure that all reclamation efforts proceed in an environmentally sound manner
and as contemporaneously as practicable with the surface coal mining operations.
(17) Insure that the construction, maintenance, and postmining conditions of access
roads into and across the site of operations will control or prevent erosion and siltation,
pollution of water, damage to fish or wildlife or their habitat, or public or private property.
(18) Refrain from the construction of roads or other access ways up a stream bed or
drainage channel or in such proximity to such channel so as to seriously alter the normal flow
of water.
(19) Establish on the regraded areas, and all other lands affected, a diverse, effective,
and permanent vegetative cover of the same seasonal variety native to the area of land to be
affected and capable of self-regeneration and plant succession at least equal in extent of
cover to the natural vegetation of the area; except, that introduced species may be used in the
revegetation process where desirable and necessary to achieve the approved postmining land
use plan; and provided that as to vines, the plan shall prohibit the planting of Kudzu, pueraria
lobata, or any vine of the Kudzu family.
(20) Assume the responsibility for successful revegetation, as required by Paragraph
(19) of this Subsection, for a period of five full years after the last year of augmented
seeding, fertilizing, irrigation, or other work in order to assure compliance with Paragraph
(19) of this Subsection: Provided, that when the secretary approves a long-term intensive
agricultural postmining land use, the applicable five year period of responsibility for
revegetation shall commence at the date of initial planting of such long-term intensive
agricultural postmining land use: Provided further, that when the secretary issues a written
finding approving a long-term, intensive, agricultural postmining land use as part of the
mining and reclamation plan, the secretary may grant exception to the provisions of
Paragraph (19) of this Subsection.
(21) Protect offsite areas from slides or damage occurring during the surface coal
mining and reclamation operations, and not deposit spoil material or locate any part of the
operations or waste accumulations outside the permit area.
(22) Place all excess spoil material resulting from coal surface mining and
reclamation activities in such a manner that:
(a) Spoil is transported and placed in a controlled manner in position for concurrent
compaction and in such a way to assure mass stability and to prevent mass movement.
(b) The areas of disposal are within the bonded permit areas and all organic matter
shall be removed immediately prior to spoil placement.
(c) Appropriate surface and internal drainage systems and diversion ditches are used
so as to prevent spoil erosion and movement.
(d) The disposal area does not contain springs, natural water courses or wet weather
seeps unless lateral drains are constructed from the wet areas to the main underdrains in such
a manner that filtration of the water into the spoil pile will be prevented.
(e) If placed on a slope, the spoil is placed upon the most moderate slope among
those upon which, in the judgment of the secretary, the spoil could be placed in compliance
with all the requirements of this Chapter, and shall be placed, where possible, upon, or
above, a natural terrace, bench, or berm, if such placement provides additional stability and
prevents mass movement.
(f) Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient
size to prevent mass movement, is constructed.
(g) The final configuration is compatible with the natural drainage pattern and
surroundings and suitable for intended uses.
(h) Design of the spoil disposal area is certified by a qualified registered professional
engineer in conformance with professional standards, and
(i) All other provisions of this Chapter are met.
(23) Meet such other criteria as are necessary to achieve reclamation in accordance
with the purposes of this Chapter, taking into consideration the physical, climatological, and
other characteristics of the site.
(24) To the extent possible, using the best technology currently available, minimize
disturbances and adverse impacts of the operation on fish, wildlife, and related
environmental values, and achieve enhancement of such resources where practicable.
(25) Provide for an undisturbed natural barrier beginning at the elevation of the
lowest coal seam to be mined and extending from the outslope for such distance as the
secretary shall determine shall be retained in place as a barrier to slides and erosion.
C.(1) Where an applicant meets the requirements of Paragraphs (2) and (3) of this
Subsection a permit without regard to the requirement to restore to approximate original
contour set forth in Paragraph (B)(3) or (D)(2) or (3) of this Section may be granted for the
surface mining of coal where the mining operation will remove an entire coal seam or seams
running through the upper fraction of a mountain, ridge, or hill, except as provided in
Subparagraph (3)(a) of this Subsection, by removing all of the overburden and creating a
level plateau or a gently rolling contour with no highwalls remaining, and capable of
supporting postmining uses in accord with the requirements of this Subsection.
(2) In cases where an industrial, commercial, agricultural, residential or public
facility, including recreational facilities, use is proposed for the postmining use of the
affected land, the secretary may grant a permit for a surface mining operation of the nature
described in Paragraph (1) of this Subsection where:
(a) After consultation with the appropriate land use planning agencies, if any, the
proposed postmining land use is deemed to constitute an equal or better economic or public
use of the affected land, as compared with premining use.
(b) The applicant presents specific plans for the proposed postmining land use and
appropriate assurances that such use will be:
(i) Compatible with adjacent land uses.
(ii) Obtainable according to data regarding expected need and market.
(iii) Assured of investment in necessary public facilities.
(iv) Supported by commitments from public agencies where appropriate.
(v) Practicable with respect to private financial capacity for completion of the
proposed use.
(vi) Planned pursuant to a schedule attached to the reclamation plan so as to integrate
the mining operation and reclamation with the postmining land use, and
(vii) Designed by a registered engineer in conformance with professional standards
established to assure the stability, drainage, and configuration necessary for the intended use
of the site.
(c) The proposed use would be consistent with adjacent land uses, and existing state
and local land use plans and programs.
(d) The secretary provides the police jury of the parish in which the land is located
and any state or federal agency which the secretary, in his discretion, determines to have an
interest in the proposed use, an opportunity of not more than sixty days to review and
comment on the proposed use.
(e) All other requirements of this Act will be met.
(3) In granting any permit pursuant to this Subsection the secretary shall require that:
(a) The toe of the lowest coal seam and the overburden associated with it are retained
in place as a barrier to slides and erosion.
(b) The reclaimed area is stable.
(c) The resulting plateau or rolling contour drains inward from the outslopes except
at specified points.
(d) No damage will be done to natural watercourses.
(e) Spoil will be placed on the mountain top bench as is necessary to achieve the
planned postmining land use: Provided, that all excess spoil material not retained on the
mountaintop shall be placed in accordance with the provisions of Paragraph (B)(22) of this
Section.
(f) Insure stability of the spoil retained on the mountaintop and meet the other
requirements of this Chapter.
(4) The secretary shall promulgate specific regulations to govern the granting of
permits in accord with the provisions of this Subsection, and may impose such additional
requirements as he deems to be necessary.
(5) All permits 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 applicant
affirmatively demonstrates that the proposed development is proceeding in accordance with
the terms of the approved schedule and reclamation plan.
D. The following performance standards shall be applicable to steep-slope surface
coal mining and shall be in addition to those general performance standards required by this
Section: Provided, however, that the provisions of this Subsection shall not apply to those
situations in which an operator is mining on flat or gently rolling terrain, on which an
occasional steep slope is encountered through which the mining operation is to proceed,
leaving a plain or predominantly flat area or where an operator is in compliance with
provisions of Subsection C of this Section:
(1) Insure that when performing surface coal mining on steep slopes, no debris,
abandoned or disabled equipment, spoil material, or waste mineral matter be placed on the
downslope below the bench or mining cut: Provided, that spoil material in excess of that
required for the reconstruction of the approximate original contour under the provisions of
Paragraph (B)(3) of this Section or Paragraph (2) of this Subsection shall be permanently
stored pursuant to Paragraph (B)(22) of this Section.
(2) Complete backfilling with spoil material shall be required to cover completely
the highwall and return the site to the appropriate original contour, which material will
maintain stability following mining and reclamation.
(3) The operator may not disturb land above the top of the highwall unless the
secretary finds that such disturbances will facilitate compliance with the environmental
protection standards of this Section: Provided, that the land disturbed above the highwall
shall be limited to that amount necessary to facilitate said compliance.
(4) For the purposes of this Subsection, the term "steep slope" is any slope above
twenty degrees or such lesser slope as may be defined by the secretary after consideration of
soil, climate, and other characteristics of a region.
E.(1) The secretary may permit variances for the purposes set forth in Paragraph (3)
of this Subsection, provided that the watershed control of the area is improved; and further
provided complete backfilling with spoil material 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 approximate original contour set
forth in Paragraph (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 variance be granted so as to render the land, after reclamation, suitable for an
industrial, commercial, residential, or public use, including recreational facilities, in accord
with the further provisions of Paragraphs (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 registered professional engineer in
conformance with professional standards established to assure the stability, drainage, and
configuration necessary for the intended use of the site, and
(c) After approval of the appropriate state environmental agencies, the watershed of
the affected land is deemed to be improved.
(4) In granting a variance pursuant to this Subsection the secretary 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 placement off the mine bench must comply with
Paragraph (B)(22) of this Section.
(5) The secretary shall promulgate specific regulations to govern the granting of
variances in accord with the provisions of this Subsection, and may impose such additional
requirements 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 demonstrates that the proposed development is proceeding in accordance with
the terms of the reclamation plan.
*30 U.S.C.A. §1265(f).

Legislative History

Added by Acts 1978, No. 406, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.