---
kind: "section"
citation: "30 C.F.R. § 823.11"
title: "30"
number: "823.11"
heading: "Applicability."
url: "https://uscodex.org/cfr/30/823.11"
---

# §823.11. Applicability.


The requirements of this part shall not apply to—

- (a) Coal preparation plants, support facilities, and roads of surface and underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of [part 816](/cfr/30/part816.md) of this chapter for surface mining activities and of [part 817](/cfr/30/part817.md) of this chapter for underground mining activities;
- (b) Disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on non-prime farmland. The operator shall minimize the area of prime farmland used for such purposes.
- (c) Prime farmland that has been excluded in accordance with [§ 785.17(a)](/cfr/30/785.17.md?p=a) of this chapter.

## Notes

### Amendments

[48 FR 21463, May 12, 1983, as amended at 53 FR 40839, Oct. 18, 1988]

### Authority

Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; Pub. L. 100-34.

### Source

Source: 48 FR 21463, May 12, 1983, unless otherwise noted.

### Amendments

[48 FR 21463, May 12, 1983, as amended at 53 FR 40839, Oct. 18, 1988]