45.1-225.2 - Examination of dams and refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators. - Virginia Statutes

§ 45.1-225.2. Examination of dams and refuse piles; potentially hazardousconditions; plans to be submitted by licensed operators.

A. All water and silt retaining dams or mine refuse piles shall be examineddaily for visible structural weakness, volume overload and other hazards by aqualified person designated by the licensed operator. When rising water andsilt reaches eighty percent by volume of the safe design capacity of the dam,such examination shall be made more often as required by the Director or hisdesignated agent. Frequent examinations must be made during periods ofrainfall that could create flooding conditions.

B. When a potentially hazardous condition exists, the operator shall initiateprocedures 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 Director.

C. Records of the inspections required by subsection A of this section shallbe kept and certified by the licensed operator or his agent. Such recordsshall be kept on the surface at the office or designated station of the mine.

D. The licensed operator of each mineral mine on which a water and siltretaining dam is located shall adopt a plan for carrying out the requirementsof subsections A and B of this section. The plan shall be submitted forapproval to the Director on or before October 31, 1974. The plan shallinclude:

1. A schedule and procedures for inspection of the retaining dam by aqualified person;

2. Procedures for evaluating potentially hazardous conditions;

3. Procedures for removing all persons from the area which may reasonably beexpected to be affected by the potentially hazardous conditions;

4. Procedures for eliminating the potentially hazardous conditions;

5. Procedures for notifying the Director; and

6. Any additional information which may be required by the Director.

E. Before making any changes or modifications in the plan approved inaccordance with subsection D of this section, the licensed operator shallobtain approval of such changes or modifications from the Director.

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