                                 CODE OF VIRGINIA

 EXAMINATION OF DAMS AND MINE REFUSE PILES; POTENTIALLY HAZARDOUS CONDITIONS;
PLANS TO BE SUBMITTED BY LICENSED OPERATORS (§ 45.2-1302)

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;

   2. Eliminate such potentially hazardous condition; and

   3. Notify the Director.

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;

   5. Procedures for notifying the Director; and

   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: 1997, c. 390, § 45.1-225.2; 1998, c. 695; 2021, Sp. Sess. I, c. 387.