Montana Code 82-4-378. Quality assurance during construction
82-4-378. Quality assurance during construction. (1) An operator constructing a new or expanded tailings storage facility shall:
Terms Used In Montana Code 82-4-378
- Certification: means , with regard to tailings storage facilities, a statement of opinion by a professional engineer that the work on a tailings storage facility has been conducted in accordance with the normal standard of care within dam engineering practice. See Montana Code 82-4-303
- Constructor: means the company or companies constructing the built components of a tailings storage facility, including but not limited to embankment dams, surface water diversion structures, tailings distribution systems, reclaim water systems, and monitoring instrumentation. See Montana Code 82-4-303
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-303
- Engineer of record: means a qualified engineer who is the lead designer for a tailings storage facility. See Montana Code 82-4-303
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Operator: means a person who has an operating permit issued under 82-4-335. See Montana Code 82-4-303
- Oversight: Committee review of the activities of a Federal agency or program.
- Professional engineer: means a registered professional engineer licensed to practice in Montana under Title 37, chapter 67, part 3. See Montana Code 82-4-303
- Tailings: means the residual materials remaining after a milling process that separates the valuable fraction from the uneconomic fraction of an ore mined by an operator. See Montana Code 82-4-303
- Tailings storage facility: means a facility that temporarily or permanently stores tailings, including the impoundment, embankment, tailings distribution works, reclaim water works, monitoring devices, storm water diversions, and other ancillary structures. See Montana Code 82-4-303
(a)when indicated by the construction management plan, engage a professional engineer or other oversight specified in the plan to implement the construction management plan specified in the final design document. The professional engineer must be an employee of the engineer of record or an employee of the design firm represented by the engineer of record but may not be an employee of the constructor or the operator.
(b)ensure the collection of all records, including as-built plans and specifications, necessary to demonstrate that the tailings storage facility is constructed as specified in the final design document;
(c)when indicated by the construction management plan, secure a certification from the professional engineer for the records generated by the implementation of the quality assurance monitoring as specified in the final design document; and
(d)submit to the department the records collected during the quality assurance monitoring specified in the approved design document for all tailings storage facility construction conducted during a calendar year in the annual report required by the facility’s operating permit or an independent submittal at the completion of the construction activity.
(2)After an appropriate investigation and consultation with the operator, the department shall, pursuant to 82-4-362, order the suspension of tailings storage facility construction activities if credible evidence is observed, submitted, or otherwise obtained that construction activities are not being conducted as specified in the design document.