A. All water, coal slurry, or silt retaining dams or mine refuse piles impounding water shall be examined by an authorized person, as defined in § 45.1-161.8, at least every seven days or as otherwise approved by the Chief. Each dam or refuse pile 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 shall promptly record the results of the examination in a book that shall be available at the dam or refuse pile, or other designated location, for inspection by the Chief or his authorized representative. All examination records shall include a description of any hazardous condition found and any action taken to abate any hazardous condition. Records shall be countersigned by the supervisor of the authorized person creating the records. Where such records disclose hazardous conditions, the countersigning of the records 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 hazardous conditions have been taken. The operator of the dam or refuse pile may authorize another person with equivalent authority of the supervisor to act in the supervisor's temporary absence to read and countersign the records and ensure that action is taken to eliminate the hazardous conditions disclosed in the records.

C. When rising water, coal slurry, or silt reaches 80 percent by volume of the safe design capacity of the dam or refuse pile, such examination 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 which may 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's Emergency Notification and Evacuation Plan.

E. The operator of each coal site on which a water, coal slurry, or silt retaining dam or mine refuse pile impounding water is located shall submit a plan for carrying out the requirements of § 45.1-222 and subsections A, B, C, and D for approval by the Chief. The plan shall include:

1. The designs, construction specifications, and other related data required under § 45.1-222;

2. A schedule and procedures for inspection of the retaining dam by a qualified person under normal conditions and under conditions that could cause flooding;

3. Procedures for evaluating potentially hazardous conditions;

4. Procedures for removing all persons from the area which may reasonably be expected to be affected by the potentially hazardous conditions;

5. Procedures for eliminating the potentially hazardous conditions;

6. Procedures for notifying the Chief and other governing agencies; and

7. Any additional information which 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's plan is approved or disapproved. If he disapproves the plan, he shall provide the operator with his written objections thereto and his required amendments.

1974, c. 323; 1999, c. 256; 2005, c. 3.