---
kind: "section"
citation: "30 C.F.R. § 816.87"
title: "30"
number: "816.87"
heading: "Coal mine waste: Burning and burned waste utilization."
url: "https://uscodex.org/cfr/30/816.87"
---

# §816.87. Coal mine waste: Burning and burned waste utilization.

- (a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the regulatory authority and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.
- (b) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the regulatory authority. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

## Notes

### Amendments

[48 FR 44029, Sept. 26, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]

### Authority

Authority: 30 U.S.C. 1201 et seq.; and sec 115 of Pub. L. 98-146.

### Source

Source: 44 FR 15395, Mar. 13, 1979, unless otherwise noted.

### Amendments

[48 FR 44029, Sept. 26, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]