45.1-222 - Design and construction of water, coal slurry, or silt retaining dams or mine refuse piles impounding water; designs and other data to be submitted to the Chief. - Virginia Statutes

§ 45.1-222. Design and construction of water, coal slurry, or silt retainingdams or mine refuse piles impounding water; designs and other data to besubmitted to the Chief.

A. New water, coal slurry, or silt retaining dams, or mine refuse pilesimpounding water, or the modification of existing water, coal slurry, or siltretaining dams or mine refuse piles impounding water shall be designed andconstructed by, or under the direction of, a licensed professional engineer,if such retaining dam or refuse pile:

1. Is designed to impound water, coal slurry, or silt to an elevation of fivefeet or more above the upstream toe of the structure; and

2. Has a storage volume of 20 acre-feet or more; or

3. Is designed to impound water or silt to an elevation of 20 feet or moremeasured at the open channel spillway or from the crest of the dam in aclosed system, regardless of storage volume.

The design, construction specifications, and other related data, includingfinal abandonment plans, shall be certified by the licensed professionalengineer.

B. No person shall place, construct, enlarge, alter, repair, remove, orabandon such water, coal slurry, or silt retaining dam or mine refuse pileimpounding water until the operator has filed an application for and receivedapproval from the Chief for such construction or modification. However,routine repairs that do not affect the engineering design criteria and safetyof an approved water, coal slurry, or silt retaining dam or mine refuse pileimpounding water are not subject to the application and approval requirements.

(1974, c. 323; 1984, c. 590; 1999, c. 256; 2005, c. 3.)