[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR77.216]

[Page 608]
 
                       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  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]