PURPOSE: This rule amendment follows the review conducted
pursuant to Executive Order 17-03. The amendment proposes to remove language
that repeats statute or is obsolete.
(1) Definitions. Definitions as
set forth in
10 CSR 45-2.010 shall
apply to those terms used in this rule unless the context clearly requires
otherwise.
(2) Dams that are thirty-five feet
(35') or greater in height are required to obtain a permit in accordance with
sections 236.400-236.500, RSMo (1986), referred to in this rule as the Missouri
Dam Safety Act. The requirements for obtaining a Dam Safety Permit are given in
10 CSR
22-1.010-10 CSR
22-4.020. Tailings dams that are permitted in
accordance with the Missouri Dam Safety Act will be subject to the provisions
of the permit during the mining, closure and post-closure phases of the
operation. The Metallic Minerals Waste Management application must include a
copy of the valid dam construction, registration or safety permit for each
regulated dam within the waste management areas.
(3)
(1)
For dams located in metallic minerals waste management areas that are
constructed after the effective date of this regulation and are less than
thirty-five feet (35') in height, the operator shall certify using standards
that are currently acceptable and available to the engineering profession that
the structures meet the requirements for spillway capacity, slope stability,
correction of observable defects, maintenance, and inspection in order to
ensure the continued integrity of the structure.
(4)
(2) For dams located
in metallic minerals waste management areas that were constructed before the
effective date of this regulation and are less than thirty-five feet (35') in
height, the operator shall certify using standards that are currently
acceptable and available to the engineering profession that the structures meet
the requirements for spillway capacity, correction of observable defects, and
maintenance and inspection.
(5)
(3) Sloped faces of
slag waste piles or other waste management control structures shall be
maintained according to the lines and gradients shown on the approved permit
application. Any slope failures, as evidenced by scarp formation, sloughing,
bulging, or other indications, shall be reported to the director in writing
within ten (10) days of the time when the failure is first noticed. Upon review
what corrective action is to be taken. Corrective action may include repair and
stabilization of the failed area.
(6)
(4) Sloped faces that
experience erosion shall be repaired by the operator on an on-going basis. The
operator shall keep a record of all these repairs and make these records
available to the director upon request. No repairs shall be made that would
result in significant deviances from the lines and grades shown on the approved
permit application without written approval of these repairs by the director.
Areas that experience recurring erosion may require special erosion control
measures, such as application of revetment materials, regrading and so forth.
The director and operator will determine the need for these measures during the
review of the closure plan. The operator shall prepare plans and specifications
for measures in accordance with practices reputable and appropriate in the
engineering, geologic, and construction professions. A copy of these plans and
specifications will be provided to the director for review. The operator shall
not begin construction of erosion control measures without written approval of
that work from the director.
(7)
(5) The operator shall
provide a judgment of the effect of subsidence and earthquake loads on the
long-term stability and integrity of all tailings dams, slag piles, and other
waste management control structures located within the boundary of the waste
management area. The judgment shall be based upon engineering analysis and
experience in accordance with practices reputable and in current use in the
engineering and geologic professions. The operator and director shall determine
the need for remedial measures to counteract the effects of potential
subsidence.
