77790545.1-225.2Virginia Decodedhttps://vacode.org2016Mines And MiningMineral Mining Refuse Piles, Water And Silt Retaining DamsExamination of dams and refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators1997, c. 390; 1998, c. 695.http://law.lis.virginia.gov/vacode/45.1-225.2//45.1-225.2/45.1/18.1/45.1-225.2All water and silt retaining dams or mine refuse piles shall be examined daily for visible structural weakness, volume overload and other hazards by a qualified person designated by the licensed operator. When rising water and silt reaches eighty percent by volume of the safe design capacity of the dam, such examination shall be made more often as required by the Director or his designated agent. Frequent examinations must be made during periods of rainfall that could create flooding conditions.sectionAA1When a potentially hazardous condition exists, the operator shall initiate procedures to:sectionBB1 Remove all persons from the area which may reasonably be expected to be affected by the potentially hazardous condition;sectionB1B12 Eliminate the potentially hazardous condition; andsectionB2B22 Notify the Director.sectionB3B32Records of the inspections required by subsection A of this section shall be kept and certified by the licensed operator or his agent. Such records shall be kept on the surface at the office or designated station of the mine.sectionCC1The licensed operator of each mineral mine on which a water and silt retaining dam is located shall adopt a plan for carrying out the requirements of subsections A and B of this section. The plan shall be submitted for approval to the Director on or before October 31, 1974. The plan shall include:sectionDD1 A schedule and procedures for inspection of the retaining dam by a qualified person;sectionD1D12 Procedures for evaluating potentially hazardous conditions;sectionD2D22 Procedures for removing all persons from the area which may reasonably be expected to be affected by the potentially hazardous conditions;sectionD3D32 Procedures for eliminating the potentially hazardous conditions;sectionD4D42 Procedures for notifying the Director; andsectionD5D52 Any additional information which may be required by the Director.sectionD6D62Before making any changes or modifications in the plan approved in accordance with subsection D of this section, the licensed operator shall obtain approval of such changes or modifications from the Director.sectionEE1