45.1-225.1 - Dams and refuse piles to be constructed, approved, etc., by qualified engineer; designs and other data to be submitted to the Director. - Virginia Statutes

§ 45.1-225.1. Dams and refuse piles to be constructed, approved, etc., byqualified engineer; designs and other data to be submitted to the Director.

A. On and after July 1, 1974, new water or silt retaining dams, or a minerefuse pile, or the modification of existing mine water or silt or minerefuse retaining dams shall be designed and constructed by, or under thedirection of, a qualified engineer, if such retaining dam:

1. Is designed to impound water or silt to a height of five feet or moreabove the lowest natural ground level within the impounded area; and

2. Has a storage volume of fifty acre-feet or more; or

3. Is designed to impound water or silt to a height of twenty feet or more,regardless of storage volume.

B. Water and silt retaining dam or mine refuse piles, designs, constructionspecifications, and other related data, including final abandonment plans,shall be approved and certified by the qualified engineer specified insubsection A of this section, and by the licensed operator or his agent.

C. The designs, construction specifications, and other related data approvedand certified in accordance with subsection B of this section shall besubmitted for approval to the Director. If the submittal is approved by theDirector, he shall notify the licensed operator in writing. If hedisapproves, he shall notify the licensed operator with his writtenobjections thereto and his required amendments. But in no event shall theDirector fail to approve or disapprove the submittal within thirty daysfollowing the receipt thereof.

(1997, c. 390; 1998, c. 695.)