Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.101 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Impoundments shall meet the structural design, construction and other
						  requirements of this subchapter. The detailed design plan for large
						  impoundments as described in §
													89.111(a)
						  (relating to large impoundments) or when impoundments meet or exceed the MSHA
						  size classification or other criteria of
						  30 CFR
						  77.216(a) (relating to water
						  sediment or slurry impoundment and impounding structures; general) shall be
						  prepared by or under the direction of, and certified by, a qualified registered
						  professional engineer with assistance, as necessary, from experts in related
						  fields such as geology, land surveying and landscape architecture. The detailed
						  design plan for other impoundments shall be prepared by or under the direction
						  of, and certified by, a qualified registered professional engineer or qualified
						  registered professional land surveyor.
(b) An impoundment as described in §
													89.111(a) or when
						  impoundments meet or exceed the MSHA size classification or other criteria of
						  30 CFR
						  77.216(a) shall be inspected
						  during construction and certified after construction and annually thereafter by
						  a qualified registered professional engineer until removal of the structure or
						  release of the performance bond. Impoundments other than those described in
						  §
													89.111(a) or
						  impoundments which do not meet or exceed the MSHA size classification or other
						  criteria of 30 CFR
						  77.216(a) shall be inspected
						  during construction and certified after construction and annually thereafter,
						  by a qualified registered professional engineer or qualified registered
						  professional land surveyor until removal of the structure or release of the
						  performance bond. The professional engineer or professional land surveyor
						  making the inspections or certifications shall be experienced in the
						  construction of impoundments. A certification report shall include monitoring
						  and instrumentation results and a statement regarding the condition of the
						  impoundment. The impoundment shall be certified that it has been constructed
						  and is being maintained as designed and in accordance with the approved plan
						  and applicable performance standards.
(c) An impoundment shall be examined by a
						  qualified person designated by the operator at intervals not exceeding 7 days
						  for structural weakness, erosion and other hazardous conditions. Impoundments
						  less than 20 feet in height or 20 acre feet of storage shall be inspected once
						  every 3 months unless otherwise required by the Department. If an examination
						  or inspection discloses that a potential hazard exists, the person who examined
						  the impoundment shall promptly inform the Department of the finding and provide
						  a remedial action plan to protect the public. If adequate procedures cannot be
						  formulated or implemented the Department will then notify the appropriate
						  agencies that other emergency procedures are required to protect the public.
						  The permittee shall make and retain a record of the inspection, including
						  record of actions taken to correct deficiencies found in the inspection. A copy
						  of the record shall be provided to the Department on request.
(d) Impoundments subject to
						  30 CFR
						  77.216-1 and
						  77.216-2 (relating to water,
						  sediment or slurry impoundments and impounding structures; identification; and
						  water, sediment, or slurry impoundments and impounding structures; minimum plan
						  requirements; changes or modifications; certification) shall have duplicate
						  plans submitted to the District Manager of MSHA and to the Department. The
						  Department may consider MSHA's review for impoundments. However, the Department
						  will review impoundments under the requirement of §
													89.111(b).
The provisions of this §
															89.101 amended under the Surface
								Mining Conservation and Reclamation Act (52 P. S.
								§§
																1396.1-1396.19a); the Bituminous
								Mine Subsidence and Land Conservation Act (52 P. S. §§
																1406.1-1406.21); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								section 1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).