Virginia Code 45.2-619: Examination of retaining dam or mine refuse impoundment; potentially hazardous condition; plans to be submitted by operators.
A. Each retaining dam or mine refuse impoundment shall be examined by an authorized person, as defined in § 45.2-501, at least every seven days or as otherwise approved by the Chief. Each such retaining dam or mine refuse impoundment shall be examined for compliance with approved design and maintenance requirements, visible structural weakness, volume overload, and other hazards.
Terms Used In Virginia Code 45.2-619
- Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
- Coal slurry: means waste water and impurities produced as the result of coal washing and preparation of coal for market, containing a combination of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings. See Virginia Code 45.2-617
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Mine refuse impoundment: means a mine refuse pile that retains water that has been used in carrying out any part of the process necessary in the production or preparation of coal. See Virginia Code 45.2-617
- Operator: means any person who operates, controls, or supervises a retaining dam or a mine refuse impoundment. See Virginia Code 45.2-617
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Retaining dam: means an artificial barrier or obstruction that is designed to impound water, coal slurry, or silt (i) to an elevation of five feet or more above the upstream toe of the structure and has a storage volume of 20 acre-feet or more or (ii) to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume. See Virginia Code 45.2-617
- Silt: means fine particles resulting from a mining operation, suspended in or deposited by water. See Virginia Code 45.2-617
- Water: means liquid or slurry resulting from the processing of coal in mining operations. See Virginia Code 45.2-617
B. After each examination, the authorized person, as defined in § 45.2-501, shall promptly record the results of the examination in a book that shall be available at the retaining dam or mine refuse impoundment, or other designated location, for inspection by the Chief or his authorized representative. Each examination record shall include a description of any potentially hazardous condition found and any action taken to abate such potentially hazardous condition. Each record shall be countersigned by the supervisor of the authorized person creating the record. If such record discloses a potentially hazardous condition, the countersigning of the record shall be performed no later than the end of the next regularly scheduled working shift following the shift for which the examination was completed, and the person countersigning shall ensure that actions to eliminate or control the potentially hazardous condition have been taken. The operator of the retaining dam or mine refuse impoundment may authorize a person who possesses authority equivalent to that of the supervisor to act in the supervisor’s temporary absence to read and countersign the record and ensure that action is taken to eliminate the potentially hazardous condition disclosed in the record.
C. When rising water, coal slurry, or silt reaches 80 percent by volume of the safe design capacity of a retaining dam or mine refuse impoundment, the examination required by subsection A shall be made more often as required by the Chief or his authorized representative.
D. When a potentially hazardous condition exists, the operator shall immediately initiate procedures to:
1. Remove all persons from the area that can reasonably be expected to be affected by the potentially hazardous condition;
2. Eliminate the potentially hazardous condition; and
3. Notify the Chief and other governing agencies by the quickest available means following the protocol established in the site’s emergency notification and evacuation plan pursuant to § 45.2-620.
E. The operator of each coal site on which a retaining dam or mine refuse impoundment is located shall submit a plan for carrying out the requirements of § 45.2-618 and subsections A through D for approval by the Chief. The plan shall include:
1. The designs, construction specifications, and other related data required pursuant to § 45.2-618;
2. A schedule and procedures for inspection of the retaining dam or mine refuse impoundment by a qualified person under normal conditions and under conditions that could cause flooding;
3. Procedures for evaluating a potentially hazardous condition;
4. Procedures for removing all persons from the area that can reasonably be expected to be affected by the potentially hazardous condition;
5. Procedures for eliminating the potentially hazardous condition;
6. Procedures for notifying the Chief and other governing agencies; and
7. Any additional information that may be required by the Chief.
F. Before making any changes or modifications in the approved plan, the operator shall obtain approval of such changes or modifications from the Chief.
G. The Chief shall notify the operator in writing whether the operator’s plan is approved or disapproved. If the Chief disapproves the plan, he shall provide the operator with his written objections thereto and his required amendments.
1974, c. 323, § 45.1-224; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.