§ 45.2-1302 Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators
A. Every water-retaining or silt-retaining dam or mine refuse pile shall be examined daily for visible structural weakness, volume overload, and other hazards by a qualified person designated by the licensed operator. When rising water and silt reaches 80 percent by volume of the safe design capacity of the dam or pile, such examination shall be made more often as required by the Director or his designated agent. Frequent examinations shall be made during periods of rainfall that could create flooding conditions.
B. When a potentially hazardous condition exists, the operator shall initiate procedures to:
1. Remove all persons from the area that can reasonably be expected to be affected by such potentially hazardous condition;
C. Records of the inspections required by subsection A shall be kept and certified by the licensed operator or his agent. Such records shall be kept on the surface at the office or designated station of the mine.
D. The licensed operator of each mineral mine on which a water-retaining or silt-retaining dam is located shall adopt a plan for carrying out the requirements of subsections A and B. The plan shall be submitted for approval to the Director and shall include:
1. A schedule and procedures for the inspection of the retaining dam by a qualified person;
2. Procedures for evaluating any potentially hazardous condition;
3. Procedures for removing all persons from the area that may reasonably be expected to be affected by such potentially hazardous condition;
4. Procedures for eliminating such potentially hazardous condition;
6. Any additional information that may be required by the Director.
E. Before making any change or modification in the plan approved in accordance with subsection D, the licensed operator shall obtain approval of such change or modification from the Director.
History
This law was first created in 1997. The record of its establishment is cataloged in chapter 390 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. That modification is as follows: in 1998, chapter 695.
1997, c. 390, § 45.1-225.2; 1998, c. 695; 2021, Sp. Sess. I, c. 387.