enviro-boy.
As if the name dropping is meant to be impressive. The Help Desk guys at my company don't know how to drill for oil or make PVC...so...draw your own conclusion.
I've made no claims to the environmental business. I work for an oil company. A >regulated< company.
Deal with the facts.
The facts in coal mining are simple. Overburden is >dirt<. Mine waste is NOT overburden.
The first paragraph describes the material as dirt and rocks. That is overburden and NOT mine waste.
So...it is dirt.
The complication? Without a closer look at the revisions...it is not clear to me...from the article...that the rule changes are only about overburden. The Judge did use the term "mining waste". However, I also know this Judge. He is not as much pro-clean water as he is anti-mining.
So I will reserve further comment until I research the specific rule being changed. If, after research, it turns out that the rule concerned overburden...then I will return and not waiver on the classification of..."Dude...its just dirt"