Program Policy Manual - VOLUME V - Mine Safety and Health ...

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MSHA PROGRAM POLICY MANUAL VOLUME V made in paragraphs (b)(1) through (b)(8) of this Section. 77.215-3 Refuse Piles; Certification Paragraphs (a) and (b) do not require specific wording for certification. However, the registered engineer should incorporate the wording in paragraph (a) as part of the certification. In addition, the certification should include statements describing the remedial work performed at the site that has minimized the hazardous condition(s). 77.216 Water, Sediment, or Slurry Impoundments and Impounding Structures; General For the purpose of determining the elevation to which water, sediment or slurry can be impounded, measurements should be taken from the upstream toe of the structure to the lowest point on the crest of the structure. If the lowest point on the crest of the structure is the invert of a properly designed open channel spillway, then that point is the proper location for the upper measurement. Where decant pipes and pipe spillways are used, the elevation must still be measured to the lowest point on the crest of the structure, not to the invert of the decant riser or spillway pipe. As the emphasized language above makes clear, the impoundment capacity of a structure may be based on a measurement to the invert of the spillway only if two contingencies are satisfied. The spillway must be an open channel configuration, and it must be properly designed. Where either of these requirements is lacking, the impoundment capacity of a structure must be determined based on a measurement made to the lowest point on the crest of the structure, without reference to the spillway. To assure that the requirement of a properly designed spillway is satisfied when the impoundment capacity of a structure is to be determined by measurement to the invert of the spillway, district managers are advised to adopt the following procedures: 1. For impounding structures completed after August 6, 1981, the District Manager should notify the operator that, in order to rely on a measurement to the invert of the spillway for determining impoundment capacity,the operator must supply the information and analyses necessary for the district manager to make a meaning-ful evaluation of whether the spillway is properly designed. If this information is not made available to the district manager, then measurements should be made to the crest of the structure when determining impoundment capacity. February 2003 (Release V-33) 165
MSHA PROGRAM POLICY MANUAL VOLUME V 2. For impounding structures completed before August 6, 1981, if the district manager has reason to believe that the spillway is not properly designed, the operator may be required to supply the information necessary for the district manager to make a meaningful evaluation of whether the spillway is properly designed. This Section will not generally apply to incised ponds constructed on undisturbed, relatively flat ground unless such ponds are determined by the district manager to present a hazard to coal miners. 77.216-3 Water, Sediment, or Slurry Impoundments and Impounding Structures; Inspection Requirements; Correction of Hazards; Program Requirements In paragraph (c), "at the mine" refers to the mine office, preparation plant, engineering office, etc., depending on which location would be in the closest proximity to the site. "One of the following persons" referred to in paragraph (d) should also include the preparation plant superintendent or foreman. To comply with the training requirements of 30 CFR 77.216-3(g), a coal company shall submit, and the district manager may approve, a mine's training plan for persons whose work assignments require them to be qualified or certified. The intent of the plan is to ensure that the potential qualified person "shall be trained to recognize specific signs of structural instability and other hazardous conditions by visual observation and, if applicable, to monitor instrumentation." The Mine Safety and Health Administration will consider the following items when evaluating a person to become qualified to inspect impoundments. The person must initially be trained according to an approved 30 CFR Part 77 training plan that has a program of instruction on impoundment inspection. The training course may be given by an instructor from the National Mine Health and Safety Academy, a district training or technical impoundment specialist, Technical Support personnel designated by the district manager, or an instructor designated to instruct impoundment inspection on an approved 30 CFR Part 77 training plan. Before the person is considered qualified and is eligible to inspect water, sediment, or slurry impoundments according to 30 CFR 77.216-3, the person in the training program must pass an evaluation. The district manager may make use of an oral, February 2003 (Release V-33) 166
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