§ 19-52. Dams and dikes.

(a)

Earthen dams shall be constructed and maintained in accordance with the state or federal regulatory minimum requirements for earthen dams, phosphate mining and processing operations.

(b)

A planned maintenance program shall be developed by the operator and maintained on file. The following items must be included:

(1)

Maintenance of erosion control;

(2)

Inspections conducted on a monthly basis by company personnel;

(3)

Annual inspection and sealed certification of visual condition by a professional engineer;

(4)

Incorporation of the respective state department or agency rules on freeboard, seepage, condition of soil surfaces of the dam, condition of the spillway and water level control structures and the condition of the drainage ditches.

(c)

The standards on dam maintenance shall apply to all impoundment areas regardless of DER grandfather provisions.

(d)

The mining operation shall notify the county of any negative results noted in the required inspection and/or any discharge from any emergency structures, onto adjoining property not owned or controlled by the mining operation, exceeding five (5) gallons per minute.

(Ord. No. 93-13, § C-2, 6-29-93)