The operator shall place all excess spoil material resulting from coal surface mining and reclamation activities in such a manner that:

1. 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;

2. The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement;

3. Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent spoil erosion and movement;

4. 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;

5. If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the Department, the spoil could be placed in compliance with all the requirements of this act, 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;

6. Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed;

7. The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses;

8. Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and

9. All other provisions of this act are met.

Laws 1979, c. 249, § 27, emerg. eff. June 1, 1979.