The RCRA deals with waste disposal. Although there is little to be found on the subject as it relates to MTR, mine overburden is, by definition, solid waste.
The term “solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agriculture activities and from community activities, ….etc. [Even though considered solid waste,] mining overburden and wastes from extraction, beneficiation, and processing of ores and minerals, including coal are not considered to be hazardous waste.” (Bell C. L., 2007)
Therefore, mine operators do not have to comply with hazardous waste disposal requirements.
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