30 CFR § 77.216-5 Water, sediment or slurry impoundments and impounding structures; abandonment.
(a) Prior to abandonment of any water, sediment, or slurry
impoundment and impounding structure which meets the requirements of 30 CFR
77.216(a), the person owning, operating, or
controlling such an impoundment and impounding structure shall submit to and
obtain approval from the District Manager, a plan for abandonment based on
current, prudent engineering practices. This plan shall provide for major
slope stability, include a schedule for the plan's implementation and,
except as provided in paragraph (b) of this section, contain provisions to
preclude the probability of future impoundment of water, sediment, or
(b) An abandonment plan does not have to contain a provision to
preclude the future impoundment of water if the plan is approved by the
District Manager and documentation is included in the abandonment plan to
ensure that the following requirements are met:
(1) A registered professional engineer, knowledgeable in
the principles of dam design and in the design and construction of the
structure, shall certify that it substantially conforms to the approved
design plan and specifications and that there are no apparent defects.
(2) The current owner or prospective owner shall certify a
willingness and ability to assume responsibility for operation and
maintenance of the structure.
(3) A permit or approval for the continued existence of
the impoundment or impounding structure shall be obtained from the Federal or
State agency responsible for dam safety.