45.1-224 - Examination of water, coal slurry, or silt retaining dams or mine refuse piles impounding water; potentially hazardous conditions; plans to be submitted by operators.
§ 45.1-224. Examination of water, coal slurry, or silt retaining dams or minerefuse piles impounding water; potentially hazardous conditions; plans to besubmitted by operators.
A. All water, coal slurry, or silt retaining dams or mine refuse pilesimpounding water shall be examined by an authorized person, as defined in §45.1-161.8, at least every seven days or as otherwise approved by the Chief.Each dam or refuse pile shall be examined for compliance with approved designand maintenance requirements, visible structural weakness, volume overloadand other hazards.
B. After each examination, the authorized person shall promptly record theresults of the examination in a book that shall be available at the dam orrefuse pile, or other designated location, for inspection by the Chief or hisauthorized representative. All examination records shall include adescription of any hazardous condition found and any action taken to abateany hazardous condition. Records shall be countersigned by the supervisor ofthe authorized person creating the records. Where such records disclosehazardous conditions, the countersigning of the records shall be performed nolater than the end of the next regularly scheduled working shift followingthe shift for which the examination was completed, and the personcountersigning shall ensure that actions to eliminate or control thehazardous conditions have been taken. The operator of the dam or refuse pilemay authorize another person with equivalent authority of the supervisor toact in the supervisor's temporary absence to read and countersign the recordsand ensure that action is taken to eliminate the hazardous conditionsdisclosed in the records.
C. When rising water, coal slurry, or silt reaches 80 percent by volume ofthe safe design capacity of the dam or refuse pile, such examination shall bemade more often as required by the Chief or his authorized representative.
D. When a potentially hazardous condition exists, the operator shallimmediately initiate procedures to:
1. Remove all persons from the area which may reasonably be expected to beaffected by the potentially hazardous condition;
2. Eliminate the potentially hazardous condition; and
3. Notify the Chief and other governing agencies by the quickest availablemeans following the protocol established in the site's Emergency Notificationand Evacuation Plan.
E. The operator of each coal site on which a water, coal slurry, or siltretaining dam or mine refuse pile impounding water is located shall submit aplan for carrying out the requirements of § 45.1-222 and subsections A, B, C,and D for approval by the Chief. The plan shall include:
1. The designs, construction specifications, and other related data requiredunder § 45.1-222;
2. A schedule and procedures for inspection of the retaining dam by aqualified person under normal conditions and under conditions that couldcause flooding;
3. Procedures for evaluating potentially hazardous conditions;
4. Procedures for removing all persons from the area which may reasonably beexpected to be affected by the potentially hazardous conditions;
5. Procedures for eliminating the potentially hazardous conditions;
6. Procedures for notifying the Chief and other governing agencies; and
7. Any additional information which may be required by the Chief.
F. Before making any changes or modifications in the approved plan, theoperator shall obtain approval of such changes or modifications from theChief.
G. The Chief shall notify the operator in writing whether the operator's planis approved or disapproved. If he disapproves the plan, he shall provide theoperator with his written objections thereto and his required amendments.
(1974, c. 323; 1999, c. 256; 2005, c. 3.)