Current Regulatory Framework - Coal Waste Impoundments: Risks, Responses, and Alternatives - page 28

Review and Approval Process
The content of the permit applications for impoundments is specified in 30
C.F.R. § 780.25. When a design for a new coal refuse impoundment, or a
modification to an existing impoundment, is submitted to the SMCRA
regulatory authority, the plans are reviewed by a geologist or engineer. The
reviewers determine whether the application is complete in responding to all
applicable regulatory requirements, whether the information is technically
sound, and whether the proposed design and supporting documentation is
adequate to support the findings and conclusions that the regulatory authority
must make before approving a permit application. Mine operators must obtain
all necessary permits, approvals, and authorizations from MSHA and the
SMCRA regulatory authority before beginning to construct the facility.
Changes in construction and operation after permit issuance, such as expansion,
require permit revisions under 30 C.F.R. §774.15.
Inspection and Reporting Requirements
The OSM regulations (30 C.F.R. § 816.49(11)) require that a qualified,
registered professional engineer, experienced in the construction of
impoundments, inspect each coal waste impoundment regularly during
construction, upon completion of construction, and at least annually thereafter
until the impoundment is removed or until the site receives final bond release.
After each inspection, the engineer must provide the regulatory authority with a
certified report that the impoundment has been constructed and maintained as
designed and in accordance with the approved plan and all applicable regulatory
requirements. The report must include a discussion of any appearance of
instability, structural weakness, or other hazardous condition, depth and
elevation of any impounded waters, existing storage capacity, any existing or
required monitoring procedures and instrumentation, and any other aspects of
the structure affecting stability.
Under 30 C.F.R. § 816.49(a)(12), all impoundments that meet the size
criteria of 30 C.F.R. § 77.216(a) also must be routinely inspected in accordance
with the MSHA regulations in 30 C.F.R. § 77.216-3. Those impoundments that
do not meet the criteria of 30 C.F.R. § 77.216(a) must be examined at least
quarterly for the appearance of structural weakness and other hazardous
conditions.
The states also employ qualified persons to inspect impoundments on
varying schedules. Table 2.1 lists the monitoring requirements and inspection
intervals for various states. The local OSM office, or state delegate