---
kind: "section"
citation: "30 C.F.R. § 77.216"
title: "30"
number: "77.216"
heading: "Water, sediment, or slurry impoundments and impounding structures; general."
url: "https://uscodex.org/cfr/30/77.216"
---

# §77.216. Water, sediment, or slurry impoundments and impounding structures; general.

- (a) Plans for the design, construction, and maintenance of structures which impound water, sediment, or slurry shall be required if such an existing or proposed impounding structure can:
  - (1) Impound water, sediment, or slurry to an elevation of five feet or more above the upstream toe of the structure and can have a storage volume of 20 acre-feet or more; or
  - (2) Impound water, sediment, or slurry to an elevation of 20 feet or more above the upstream toe of the structure; or
  - (3) **As determined by the District Manager, present a hazard to coal miners.**
- (b) Plans for the design and construction of all new water, sediment, or slurry impoundments and impounding structures which meet the requirements of [paragraph (a)](#a) of this section shall be submitted in triplicate to and be approved by the District Manager prior to the beginning of any work associated with construction of the impounding structure.
- (c) Before May 1, 1976, a plan for the continued use of an existing water, sediment, or slurry impoundment and impounding structure which meets the requirements of [paragraph (a)](#a) of this section shall be submitted in triplicate to the District Manager for approval.
- (d) The design, construction, and maintenance of all water, sediment, or slurry impoundments and impounding structures which meet the requirements of [paragraph (a)](#a) of this section shall be implemented in accordance with the plan approved by the District Manager.
- (e) All fires in impounding structures shall be extinguished, and the method used shall be in accordance with a plan approved by the District Manager. The plan shall contain as a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operation.

## Notes

### Amendments

[40 FR 41776, Sept. 9, 1975]

### Authority

Authority: 30 U.S.C. 811.

### Source

Source: 36 FR 9364, May 22, 1971, unless otherwise noted.

### Amendments

[40 FR 41776, Sept. 9, 1975]