(a) Within 180 days following written notification by the District
Manager that a refuse pile can present a hazard, the person owning,
operating, or controlling the refuse pile shall submit to the District
Manager a certification by a registered engineer that the refuse pile is
being constructed or has been modified in accordance with current, prudent
engineering practices to minimize the probability of impounding water and
failure of such magnitude as to endanger the lives of miners.
(b) After the initial certification required by this section and
until the District Manager notifies the operator that the hazard has been
eliminated, certification shall be submitted every twelfth month from the
date of the initial certification.
(c) Certifications required by paragraphs (a) and (b) of this section
shall include all information considered in making the certification.