Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 8 - Technical Guidelines › Section 10 CSR 45-8.030 - Metallic Minerals Waste Management Structures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review conducted
				  pursuant to Executive Order 17-03. The amendment proposes to remove language
				  that repeats statute or is obsolete.
(1)
				For dams located in metallic minerals waste management areas that are
				constructed after the effective date of this regulation and are less than
				thirty-five feet (35') in height, the operator shall certify using standards
				that are currently acceptable and available to the engineering profession that
				the structures meet the requirements for spillway capacity, slope stability,
				correction of observable defects, maintenance, and inspection in order to
				ensure the continued integrity of the structure.
(2) For dams located
				in metallic minerals waste management areas that were constructed before the
				effective date of this regulation and are less than thirty-five feet (35') in
				height, the operator shall certify using standards that are currently
				acceptable and available to the engineering profession that the structures meet
				the requirements for spillway capacity, correction of observable defects, and
				maintenance and inspection.
(3) Sloped faces of
				slag waste piles or other waste management control structures shall be
				maintained according to the lines and gradients shown on the approved permit
				application. Any slope failures, as evidenced by scarp formation, sloughing,
				bulging, or other indications, shall be reported to the director in writing
				within ten (10) days of the time when the failure is first noticed. Upon review
				what corrective action is to be taken. Corrective action may include repair and
				stabilization of the failed area.
(4) Sloped faces that
				experience erosion shall be repaired by the operator on an on-going basis. The
				operator shall keep a record of all these repairs and make these records
				available to the director upon request. No repairs shall be made that would
				result in significant deviances from the lines and grades shown on the approved
				permit application without written approval of these repairs by the director.
				Areas that experience recurring erosion may require special erosion control
				measures, such as application of revetment materials, regrading and so forth.
				The director and operator will determine the need for these measures during the
				review of the closure plan. The operator shall prepare plans and specifications
				for measures in accordance with practices reputable and appropriate in the
				engineering, geologic, and construction professions. A copy of these plans and
				specifications will be provided to the director for review. The operator shall
				not begin construction of erosion control measures without written approval of
				that work from the director.
(5) The operator shall
				provide a judgment of the effect of subsidence and earthquake loads on the
				long-term stability and integrity of all tailings dams, slag piles, and other
				waste management control structures located within the boundary of the waste
				management area. The judgment shall be based upon engineering analysis and
				experience in accordance with practices reputable and in current use in the
				engineering and geologic professions. The operator and director shall determine
				the need for remedial measures to counteract the effects of potential
				subsidence.
*Original authority: 444.362, RSMo 1989 and 444.380, RSMo
					 1989.