[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR77]

[Page 630-631]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 77_MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK 
AREAS OF UNDERGROUND COAL MINES--Table of Contents
 
                     Subpart C_Surface Installations
 
Sec.  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 Sec.  77.216(a) shall be examined as follows:
    (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

[[Page 631]]

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 
immediately:
    (1) Take action to eliminate the potentially hazardous condition;
    (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 
Sec.  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 
instrumentation.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41777, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992]