Code of Virginia

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Code of Virginia
Title 45.1. Mines and Mining
Chapter 18. Coal Mining Refuse Piles, Water and Silt Retaining Dams
6/19/2019

§ 45.1-224.1. Emergency Notification and Evacuation Plan.

A. On or before July 1 of each year the operator of any water, coal slurry, or silt retaining dam or mine refuse pile that impounds water that meets the criteria of subsection A of § 45.1-222 shall submit to the Chief an Emergency Notification and Evacuation Plan. If there are no changes to a plan at the time the updated plan is due, the operator may submit a notice that there are no changes to the plan in lieu of submitting an updated plan to the Chief.

B. The plan and attendant maps, appropriate for the level of hazard of the dam or refuse pile, shall describe the water, coal slurry, or silt retaining dam or mine refuse pile that impounds water and include:

1. The name and address of the operator owning, operating, or controlling the structure.

2. The identification numbers of the structure as assigned by the Chief, the Mine Safety and Health Administration, and the Office of Surface Mining.

3. The location of the structure indicated on (i) a current United States Geological Survey 7 1/2-minute or 15-minute topographic quadrangle map, (ii) an equivalent digital map, or (iii) a topographic map of a scale approved by the Chief.

4. The name and size in acres of the watershed in which the structure is located.

5. A description of the physical and engineering properties of the foundation materials on which the structure is to be or was constructed.

6. The location of existing or proposed instrumentation.

7. A statement of the runoff attributable to the probable maximum precipitation of six-hour duration and the calculations used in determining such runoff.

8. A statement of the runoff attributable to the storm for which the structure is designed and the calculations used in determining such runoff.

9. The locations of surface and underground coal mines, including the depth and extent of such workings, under and within 1,000 feet around the perimeter of the dam and area of impounded material, shown at a scale not to exceed one inch equals 1,000 feet.

10. A map depicting the impoundment area, downstream and adjacent drainways, streambeds, roads, structures, and other public areas that might be affected should an accident occur at the impoundment. The map shall be at a scale not to exceed one inch equals 1,000 feet.

11. The name of persons who are familiar with the plan protocols and can take actions necessary to eliminate the hazard and minimize the impact to miners, the community, and the environment.

12. A location where a command and communication center can be established for the company team and emergency response personnel to report during an impoundment event.

13. The location of potential evacuation centers where affected parties may take shelter during an impoundment event.

14. An emergency contact list for agencies that would respond to an impoundment event.

15. A list of miners employed at the site and businesses, community buildings, residences, and other occupied buildings within the impact zone that could be affected by an impoundment event, or other effective means of identifying such impact zone.

2005, c. 3.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.