295.635 Required mining waste site inspections, record keeping, reporting, and responses.

543 words·~2 min read·/wi/chapter-295/295-635

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Active dam” means a dam and associated settling area into which tailings or wastewater are being introduced or that has not been reclaimed in a manner approved by the department.

(b)“Inactive dam” means a dam and associated settling area that is no longer being used for disposal of tailings or wastewater and that has been reclaimed in a manner approved by the department.

(2)General. The operator shall, at least monthly, visually inspect all of the following and record observations in a mining waste site operating log:

(a)The active portions of the mining waste site for possible damage or structural weakening.

(b)Mining waste handling and monitoring equipment and readings, to ensure normal operation and measurements.

(c)Fences or barriers around the mining waste site, for possible damage.

(d)The buffer area around the mining waste site, for possible environmental damage related to its operation.

(3)Active dams. The operator shall, at least monthly, inspect active dams and record the findings in the mining waste site operating log. The operator shall record at least all of the following findings:

(a)Condition of vegetation on the dam and within 50 feet from the outside base.

(b)Piezometric levels within the mass of the dam.

(c)Condition of soil surfaces on the top and slopes of the dam and within 50 feet from the outside base.

(d)Condition of drainage ditches near the base of the dam.

(e)Liquid surface level and amount of freeboard.

(f)Condition of spillways, conduits, and water level control structures.

(4)Inactive dams. The operator shall inspect inactive dams quarterly and record the findings in the mining waste site operating log. The operator shall record at least all of the following findings:

(a)Condition of soil surfaces on the top and slopes of the dam and within 50 feet from the outside base.

(b)Piezometric levels within the mass of the dam if that instrumentation has been determined to be necessary or is required in the long-term care provisions of the mining waste site feasibility study and plan of operation.

(c)Condition of spillways, conduits, and water level control structures.

(5)Defective conditions of dams posing risk of adverse impact. When a defective condition that poses a significant risk of adverse impact to the environment is found during an inspection of a dam, the operator shall ensure that it is recorded and corrected at the earliest practicable time. At the earliest practicable time, the operator shall make a written report to the department of the condition and the actions proposed and taken for its correction. Within 5 business days of receipt of a written report, the department may confirm the correction of the condition and specify any necessary additional corrective action. An operator shall consider any of the following items as indicating a condition that requires prompt investigation and that may require corrective action:

(a)Seepage on the outer face of the dam accompanied by boils, sand cones, or deltas.

(b)Silt accumulations, boils, deltas, or cones in the drainage ditches at the base of the dam.

(c)Cracking of soil surface on the top or either face of the dam.