(a) The proposed location of a new refuse pile shall be reported to
and acknowledged in writing by the District Manager prior to the beginning of
any work associated with the construction of the refuse pile.
(b) Before May 1, 1976, for existing refuse piles, or within 180 days
from the date of acknowledgment of the proposed location of a new refuse
pile, the person owning, operating or controlling a refuse pile shall submit
to the District Manager a report in triplicate which contains the
(1) The name and address of the person owning, operating
or controlling the refuse pile; the name associated with the refuse pile; the
identification number of the refuse pile as assigned by the District Manager;
and the identification number of the mine or preparation plant as assigned
(2) The location of the refuse pile indicated on the most
recent USGS 7 1/2 minute or 15 minute topographic quadrangle map, or a
topographic map of equivalent scale if a USGS map is not available.
(3) A statement of the construction history of the refuse
pile, and a statement indicating whether the refuse pile has been abandoned
in accordance with a plan approved by the District Manager.
(4) A topographic map showing at a scale not to exceed 1
inch=400 feet, the present and proposed maximum extent of the refuse pile and
the area 500 feet around the proposed maximum perimeter.
(5) A statement of whether or not the refuse pile is
(6) A description of measures taken to prevent water from
being impounded by the refuse pile or contained within the refuse pile.
(7) At a scale not to exceed 1 inch=100 feet, cross
sections of the length and width of the refuse pile at sufficient intervals
to show the approximate original ground surface, the present configuration
and the proposed maximum extent of the refuse pile, and mean sea level
elevations at significant points.
(8) Any other information pertaining to the stability of
the pile which may be required by the District Manager.
(c) The information required by paragraphs (b)(4) through (b)(8) of
this section shall be reported every twelfth month from the date of original
submission for those refuse piles which the District Manager has determined
can present a hazard until the District Manager notifies the operator that
the hazard has been eliminated.
(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957), Pub. L. No.
96-511, 94 Stat. 2812 (44 U.S.C. 3501 et
[40 FR 41776, Sept. 9, 1975, as amended at 47 FR 14696, Apr. 6, 1982; 57 FR
7471, Mar. 2, 1992; 60 FR 33719, June 29, 1995]
U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 1100 Wilson Boulevard, 21st Floor | Arlington, VA 22209-3939 www.msha.gov | Telephone: (202) 693-9400 | Fax-on-demand: (202) 693-9401