Mine Safety and Health Administration Re quirements for Slurry Impoundments (30 CFR § 77.216).

§ 77.216 Water, sediment, or slurry impo undments and impounding structures; general. (a) Plans for the design, construction, and maintenance of structures which impound water, sediment, or slurry shall be required if such an existing or proposed impounding structure can: (1) Impound water, sediment, or slurry to an elev ation of five feet or more above the upstream toe of the structure and can have a stor age volume of 20 acre-feet or more; or (2) Impound water, sediment, or slurry to an elevation of 20 feet or more above the upstream toe of the structure; or (3) As determined by the District Manage r, present a hazard to coal miners. (b) Plans for the design and construction of all new water, sediment, or slurry impoundments and impounding structures which meet the requirements of paragraph (a) of th is section shall be submitted in triplicate to and be approved by the Di strict Manager prior to the beginning of any work associated with construc tion of the impounding structure. (c) Before May 1, 1976, a plan for the continued us e of an existing water, sediment, or slurry impoundment and impounding structure which meets th e requirements of paragraph (a) of this section shall be submitted in triplicate to the District Manager for approval. (d) The design, construction, and maintenance of all water, sediment, or slurry impoundments and impounding structures which meet the requirement s of paragraph (a) of this section shall be implemented in accordance with the plan approved by the District Manager.(e) All fires in impounding structures shall be extinguished, and the method used shall be in accordance with a plan approved by the District Ma nager. The plan shall contain as a minimum, provisions to ensure that only those persons authorized by th e operator, and who have an understanding of the procedures to be used, sh all be involved in the extinguishing operation. § 77.216-1 Water, sediment or slurry impo undments and impounding structures; identification. A permanent identification marker, at least six feet high and showing th e identification number of the impounding structure as assi gned by the District Manager, the name associated with the impounding structure and name of the person ow ning, operating, or controlling the structure, shall be located on or immediately adjacent to each water, sediment or slurry impounding structure within the time specified in paragraph (a) or (b) of this section as applicable. (a) For existing water, sediment or slurry impounding structures, markers shall be placed before May 1, 1976. (b) For new or proposed water, sediment, or slurry impounding structures, markers shall be placed within 30 days from the start of construction. § 77.216-2 Water, sediment, or slurry impo undments and impounding structures; minimum plan requirements; changes or modifications; certification. (a) The plan specified in §77.216, shall contai n as a minimum the following information: (1) The name and address of the persons owning, operating or controlling the impoundment or impounding structure; the name associated withthe impoundment or impounding structure; the identification number of the impounding structure as assigned by the District Manager; and the identification number of the mine or preparation plant as assigned by MSHA.(2) The location of the structure indicated on the most recent USGS 71/2minute or 15 minute topographic quadrangle map, or a topographic map of equivalent scale if a USGS map is not available. (3) A statement of the purpose for whic h the structure is or will be used. (4) The name and size in acres of the watershed affecting the impoundment. (5) A description of the physical and engineerin g properties of the foundation materials on which the structure is or will be constructed. (6) A statement of the type, size, range, and physical and engineer ing properties of the materials used, or to be used, in constructing each zone or stage of the impoundi ng structure; the method of site preparation and construc tion of each zone; the approximate dates of construction of the structure and each successive stage; and for exis ting structures, such history of construction as may be available, and any record orknowledge of structural instability. (7) At a scale not to exceed 1 inch = 100 feet, detailed dimens ional drawings of the impounding structure including a plan view and cross sections of the le ngth and width of the impounding structure, showing all zones, foundation improvements, drainage provisions, spillways, diversion ditches, outlets, instrument locations, and slope protection, in addition to the measurement of the minimum vertical distance between the crest of the impounding structure and the reservoir surface at present and under design storm conditions, sediment or slurry level, water level and other information pertinent to the impoundment itself, includi ng any identifiable natural or manmade features which could a ffect operation of the impoundment. (8) A description of the type and purpose of existing or proposed instrumentation. (9) Graphs showing area-capacity curves.(10) A statement of the runoff attributable to the probable ma ximum precipitation of 6-hour duration and the calculations usedin determining such runoff. (11) A statement of the runoff attributable to the storm for which the structure is designed and the calculations used in determining such runoff. (12) A description of the spillway and diversion design features and capacities and calculations used in their determination. (13) The computed minimum fact or of safety range for the sl ope stability of the impounding structure including methods and calculations us ed to determine each factor of safety. (14) The locations of surface and underground coal mine workings including the depth and extent of such workings within the area 500 feet around the perimeter, shown at a scale not to exceed one inch = 500 feet. (15) Provisions for construction surveillance, maintenance, and repair of the impounding

structure. (16) General provisions for abandonment. (17) A certification by a register ed engineer that the design of the impounding structure is in accordance with current, prudent engineering practices for the maximum volume of water, sediment, or slurry which can be impounded ther ein and for the passage of runoff from the designed storm which exceeds the capacity of the impoundment; or, in lieu of the certification, a report indicating what additional investigations, analyses, or improvement work are necessary before such a certification can be made, including what provisions have been made to carry out such work in addition to a schedule for completion of such work. (18) Such other information pertaining to the stability of the impoundment and impounding structure which may be require d by the District Manager.(b) Any changes or modifications to plans fo r water, sediment, or slurry impoundments or impounding structures shall be appr oved by the District Manager prior to the initi ation of such changes or modifications. § 77.216-3 Water, sediment, or slurry impo undments and impounding structures; inspection requirements; correction of hazards; program requirements. (a) All water, sediment, or slurry impoundment s that meet the requirements of §77.216(a) shall be examined as follows: (1) At intervals not exceeding 7 days, or as otherwise approvedby the District Manager, for appearances of structural weakness and other hazardous conditions. (2) All instruments shall be monitored at inte rvals not exceeding 7 da ys, or as otherwise approved by the District Manager. (3) Longer inspection or monitori ng intervals approved under this paragraph (a) shall be justified by the operator based on the hazard potential and performance of the impounding structure, and shall include a requirement for inspection immediately after a sp ecified rain event approved by the District Manager. (4) All inspections required by this paragraph (a) shall be performed by a qualified person designated by the person owning, operating, or controlling the impounding structure. (b) When a potentially hazardous condition develops, the person owning, operating or controlling the impounding structure shall immediately: (1) Take action to eliminate th e potentially hazardous condition; (2) Notify the District Manager; (3) Notify and prepare to evacuate, if necessary, all coal miners from coal mine property which may be affected by the potentially hazardous conditions; and(4) Direct a qualified person to monitor all instruments and examine the structure at least once every eight hours, or more often as required by an authorized re presentative of the Secretary. (c) After each examination and instrumentation m onitoring referred to in paragraphs (a) and (b) of this section, each qualified person who conducte d all or any part of the examination or instrumentation monitoring shall promptly r ecord the results of such examination or instrumentation monitoring in a book which shall be available at the mi ne for inspection by an authorized representative of the Secretary, and such qualified person sha ll also promptly report the results of the examination or monitoring to on e of the persons specified in paragraph (d) of this section. (d) All examination and instru mentation monitoring reports re corded in accordance with paragraph (c) of this section shall include a report of the action taken to abate hazardous conditions and shall be promptly signed or countersigned by at least one of the following
persons: (1) The mine foreman; (2) The assistant superintendent of the mine; (3) The superintendent of the mine; (4) The person designated by the ope rator as responsible for health and safety at the mine. (e) Before May 1, 1976, the person owning, operating, orcontrolling a water, sediment, or slurry impoundment which meets the requirements of § 77.216(a) shall adopt a program for carrying out the requirements of paragraphs (a) and (b) of this section. The program shall be submitted for approval to the District Manager. The program shall include as a minimum: (1) A schedule and procedures for examin ing the impoundment and impounding structure by a designated qualified person;(2) A schedule and procedures for monitoring any required or approved instrumentation by a designated qualified person; (3) Procedures for evaluating hazardous conditions; (4) Procedures for eliminating hazardous conditions; (5) Procedures for notifying the District Manager; (6) Procedures for evacuating coal miners from coal mine property which may be affected by the hazardous condition. (f) Before making any changes or modifications in the program approved in accordance with paragraph (e) of this section, the person ow ning, operating, or controlling the impoundment shall obtain approval of such changes or modi fications from the District Manager. (g) The qualified person or persons referred to in paragraphs (a), (b )(4), (c), (e)(1), and (e)(2) of this section shall be trained to recognize spec ific signs of structural instability and other hazardous conditions by visual observation and, if applicable, to monitor instrumentation. § 77.216-4 Water, sediment or slurry impoundm ents and impounding structures; reporting requirements; certification. (a) Except as provided in paragraph (b) of this section, every twelfth month fo llowing the date of the initial plan approval, the pe rson owning, operating, or controlling a water, sediment, or slurry impoundment and impounding structur e that has not been abandone d in accordance with an approved plan shall submit to the District Manager a report containing the following information: (1) Changes in the geometry of the impounding structure for the reporting period. (2) Location and type of insta lled instruments and the maximum and minimum recorded readings of each instrument for the reporting period.(3) The minimum, maximum, and present depth a nd elevation of the impounded water, sediment, or slurry for th e reporting period. (4) Storage capacity of the impounding structure. (5) The volume of the impounded water, sediment, or slurry at the end of the reporting period. (6) Any other change which may have affect ed the stability or operation of the impounding structure that has occurre d during the reporting period. (7) A certification by a register ed professional engineer thatall construction, operation, and maintenance [were] in accordance with the approved plan. (b) A report is not required under this section wh en the operator provides the District Manager with a certification by a registered professional engineer th at there have been no changes under paragraphs (a)(1) through (a)(6 ) of this section to the im poundment or impounding structure. However, a report containing the information set out in paragraph (a) of this section shall be submitted to the District Mana ger at least every 5 years. § 77.216-5 Water, sediment or slurry impo undments and impounding structures;
abandonment. (a) Prior to abandonment of any water, se diment, or slurry impoundment and impounding structure which meets the requirements of 30 CFR 77.216(a), the pers on owning, operating, or controlling such an impoundment and impounding structure shall submit to and obtain approval from the District Manager, a plan for ab andonment based on current, prudent engineering practices. This plan shall provide for major sl ope stability, include a schedule for the plan's implementation and, except as provided in paragr aph (b) of this section, contain provisions to preclude the probability of future impoundme nt of water, sediment, or slurry.(b) An abandonment plan does not have to co ntain a provision to preclude the future impoundment of water if the plan is approved by the District Manage r and documentation is included in the abandonment plan to ensure that the following requirements are met: (1) A registered professional engineer, knowledgeable in the principles of dam design and in the design and construction of the stru cture, shall certify that it substantially conforms to the approved design plan and specifications a nd that there are no apparent defects. (2) The current owner or prosp ective owner shall certify a will ingness and ability to assume responsibility for operation and maintenance of the structure. (3) A permit or approval for the continue d existence of the impoundment or impounding structure shall be obtained fr om the Federal or State agency responsible for dam safety.