                                 CODE OF VIRGINIA

 EXAMINATION OF RETAINING DAM OR MINE REFUSE IMPOUNDMENT; POTENTIALLY HAZARDOUS
CONDITION; PLANS TO BE SUBMITTED BY OPERATORS (§ 45.2-619)

A. Each retaining dam or mine refuse impoundment shall be examined by an
authorized person, as defined in &#xA7; 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.

B. After each examination, the authorized person, as defined in &#xA7; 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&#8217;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&#8217;s emergency
   notification and evacuation plan pursuant to &#xA7; 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 &#xA7; 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&#8217;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.

HISTORY: 1974, c. 323, § 45.1-224; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I,
c. 387.