MSHA - Code of Federal Regulations - 30 CFR 77.216
30 CFR § 77.216
Water, sediment, or slurry impoundments and impounding structures; general.
(a) Plans for the design, construction, and maintenance of structures
which impound water, sediment, or slurry shall be required if such an
existing or proposed impounding structure can:
(1) Impound water, sediment, or slurry to an elevation of
five feet or more above the upstream toe of the structure and can have a
storage volume of 20 acre-feet or more; or
(2) Impound water, sediment, or slurry to an elevation of
20 feet or more above the upstream toe of the structure; or
(3) As determined by the District Manager, present a
hazard to coal miners.
(b) Plans for the design and construction of all new water, sediment,
or slurry impoundments and impounding structures which meet the requirements
of paragraph (a) of this section shall be submitted in triplicate to and be
approved by the District Manager prior to the beginning of any work
associated with construction of the impounding structure.
(c) Before May 1, 1976, a plan for the continued use of an existing
water, sediment, or slurry impoundment and impounding structure which meets
the requirements of paragraph (a) of this section shall be submitted in
triplicate to the District Manager for approval.
(d) The design, construction, and maintenance of all water, sediment,
or slurry impoundments and impounding structures which meet the requirements
of paragraph (a) of this section shall be implemented in accordance with the
plan approved by the District Manager.
(e) All fires in impounding structures shall be extinguished, and the
method used shall be in accordance with a plan approved by the District
Manager. The plan shall contain as a minimum, provisions to ensure that only
those persons authorized by the operator, and who have an understanding of
the procedures to be used, shall be involved in the extinguishing
operation.
(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))
[40 FR 41776, Sept. 9, 1975]