30 CFR § 77.216-3 Water, sediment, or slurry impoundments and impounding structures; inspection requirements; correction of hazards; program requirements.
(a) All water, sediment, or slurry impoundments that meet the
requirements of §77.216(a) shall be examined as
(1) At intervals not exceeding 7 days, or as otherwise
approved by the District Manager, for appearances of structural weakness and
other hazardous conditions.
(2) All instruments shall be monitored at intervals not
exceeding 7 days, or as otherwise approved by the District Manager.
(3) Longer inspection or monitoring intervals approved
under this paragraph (a) shall be justified by the operator based on the
hazard potential and performance of the impounding structure, and shall
include a requirement for inspection immediately after a specified rain event
approved by the District Manager.
(4) All inspections required by this paragraph (a) shall
be performed by a qualified person designated by the person owning,
operating, or controlling the impounding structure.
(b) When a potentially hazardous condition develops, the person
owning, operating or controlling the impounding structure shall
(1) Take action to eliminate the potentially hazardous
(2) Notify the District Manager;
(3) Notify and prepare to evacuate, if necessary, all coal
miners from coal mine property which may be affected by the potentially
hazardous conditions; and
(4) Direct a qualified person to monitor all instruments
and examine the structure at least once every eight hours, or more often as
required by an authorized representative of the Secretary.
(c) After each examination and instrumentation monitoring referred to
in paragraphs (a) and (b) of this section, each qualified person who
conducted all or any part of the examination or instrumentation monitoring
shall promptly record the results of such examination or instrumentation
monitoring in a book which shall be available at the mine for inspection by
an authorized representative of the Secretary, and such qualified person
shall also promptly report the results of the examination or monitoring to
one of the persons specified in paragraph (d) of this section.
(d) All examination and instrumentation monitoring reports recorded
in accordance with paragraph (c) of this section shall include a report of
the action taken to abate hazardous conditions and shall be promptly signed
or countersigned by at least one of the following persons:
(1) The mine foreman;
(2) The assistant superintendent of the mine;
(3) The superintendent of the mine;
(4) The person designated by the operator as responsible
for health and safety at the mine.
(e) Before May 1, 1976, the person owning, operating, or controlling
a water, sediment, or slurry impoundment which meets the requirements of
§77.216(a) shall adopt a program for carrying out
the requirements of paragraphs (a) and (b) of this section. The program
shall be submitted for approval to the District Manager. The program shall
include as a minimum:
(1) A schedule and procedures for examining the
impoundment and impounding structure by a designated qualified person;
(2) A schedule and procedures for monitoring any required
or approved instrumentation by a designated qualified person;
(3) Procedures for evaluating hazardous conditions;
(4) Procedures for eliminating hazardous conditions;
(5) Procedures for notifying the District Manager;
(6) Procedures for evacuating coal miners from coal mine
property which may be affected by the hazardous condition.
(f) Before making any changes or modifications in the program
approved in accordance with paragraph (e) of this section, the person owning,
operating, or controlling the impoundment shall obtain approval of such
changes or modifications from the District Manager.
(g) The qualified person or persons referred to in paragraphs (a),
(b)(4), (c), (e)(1), and (e)(2) of this section shall be trained to
recognize specific signs of structural instability and other hazardous
conditions by visual observation and, if applicable, to monitor
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