Md. Code Regs. 26.20.21.09

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.21.09 - Inspection and Certification of Impoundments

A. Construction Inspections.

(1) A qualified professional engineer or other qualified specialist, under the direction of the professional engineer, shall inspect the impoundment. The professional engineer or specialist shall be experienced in the construction of impoundments. These inspections shall be made:

(a) At appropriate times during construction, including:

(i) Site preparation,

(ii) Construction of the cut-off trench,

(iii) Placement of the principal spillway pipe, including anti-seep collars and riser base,

(iv) Placement and compaction of fill material around the principal spillway,

(v) Placement and compaction of fill in the impounding structure; and

(b) Upon completion of construction.

(2) After each inspection required by §A(1) of this regulation, the professional engineer shall submit to the Department a certified report that the impoundment is being constructed in accordance with the approved plan and Regulation .08 of this chapter. A copy of each report shall be retained at or near the mine site.

B. Certification of Construction.

(1) Upon completion of construction, a certification statement and as-built drawing shall be submitted for each impoundment and impounding structure. The as-built drawing shall show the approved design and any modification or minor changes. The certification statement shall be signed and sealed by a professional engineer, and shall certify that:

(a) The impoundment and impounding structure has been constructed in accordance with the plans and specifications in the approved permit;

(b) Observations and measurements were made at appropriate times during and following construction by a professional engineer or a qualified person experienced in the design and construction of impoundments and impounding structures acting as a representative and reporting directly to the professional engineer;

(c) The completed impoundment and impounding structure meet the safety requirements of safe engineering practices, the regulatory program, and the design approved in the permit application; and

(d) Modifications made during construction meet the requirements of the regulatory program.

(2) The Department may require color photographs to be taken at the appropriate times specified in §A(1) of this regulation and submitted with the certification statement.

C. Annual Inspection.

(1) An impoundment shall be inspected at least annually by a professional engineer or other qualified specialist under the direction of the professional engineer until removal of the impoundment or release of the performance bond. The professional engineer or specialist shall be experienced in the construction of impoundments.

(2) After each annual inspection, the professional engineer shall submit to the Department a certified report that the impoundment has been maintained in accordance with the approved plan and this chapter. The report shall include discussion of:

(a) Appearances of instability;

(b) Structural weakness or other hazardous conditions;

(c) Depth and elevation of any impounded waters;

(d) Existing storage capacity;

(e) Existing or required monitoring procedures and instrumentation; and

(f) Other aspects of the structure affecting stability.

(3) A copy of the report shall be retained at or near the mine site.

D. Examinations.

(1) Impoundments meeting the Class (b) or (c) criteria for dams in "Earth Dams and Reservoirs", TR-60 or the size or other criteria of 30 CFR § 77.216 shall be examined in accordance with 30 CFR § 77.216-3. Other impoundments not meeting the Class (b) or (c) criteria for dams in "Earth Dams and Reservoirs", TR-60 or subject to 30 CFR § 77.216 shall be examined at least quarterly by a qualified person for appearance of structural weakness and other hazardous conditions.

(2) If an examination or inspection discloses that a potential hazard exists, the permittee shall immediately notify the Department of the hazard and of the emergency procedures formulated for public protection and remedial action. If adequate emergency procedures cannot be formulated or implemented, the Department shall be notified immediately. The Department shall then immediately notify the appropriate agencies that other emergency procedures are required to protect the public.

Md. Code Regs. 26.20.21.09

Regulations .09 were previously codified as COMAR 08.13.09.24 a A_I, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
Regulation .09D amended effective March 14, 2005 (32:5 Md. R. 582)