[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 632]
 
                       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.  77.216-5  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 
slurry.
    (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.

[57 FR 7472, Mar. 2, 1992]