2 Colo. Code Regs. § 407-1-8

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 2 CCR 407-1-8 - EMERGENCY NOTIFICATION BY ALL OPERATORS, EMERGENCY RESPONSE PLAN FOR DESIGNATED MINING OPERATIONS AND EMERGENCY RESPONSE AUTHORITY OF THE OFFICE

8.1SITUATIONS THAT REQUIRE EMERGENCY NOTIFICATION BY THE OPERATOR

Operators shall notify the Office, as soon as reasonably practicable, but no later than twenty-four (24) hours, after the Operator has knowledge of a failure or imminent failure of any of the following:

(a) any impoundment, embankment, stockpile or slope that poses a reasonable potential for danger to human health, property or the environment;

(b) for a designated mining operation, any Environmental Protection Facility designed to contain or control designated chemicals or process solutions as identified in the permit;

(c) for in situ leach mining operations, any structure designed to prevent, minimize, or mitigate the adverse impacts to human health, wildlife, ground or surface water or the environment; and

(d) for in situ leach mining operations, any structure designed to detect, prevent, minimize, or mitigate adverse impacts on groundwater.

8.2OPERATOR'S GENERAL NOTIFICATION RESPONSIBILITIES FOR REPORTING EMERGENCY CONDITIONS

8.2.1Emergency Reporting Procedure

Telephone notice shall be given to the Office staff as follows:

(a) during regular business hours (8:00 am to 5:00 pm, on working days), the notice shall be given to the Office.

(b) outside regular business hours, or if the Office cannot be contacted, notice shall be given to the Colorado Department of Public Health and Environment 24 hour Colorado Emergency and Incident Reporting Line. Specify to this agency, that the emergency authority is coordinated through the Division of Reclamation, Mining and Safety, and to activate that Division's response network.

8.2.2Emergency Notification Information Required

Notice required pursuant to this Rule 8 shall contain the following information (to the extent known at the time of the notice, and so long as no delay occurs in reporting results):

(a) that this is notification of an emergency condition as required by Rule 8;

(b) the nature of the condition including any chemicals and toxic or acid producing materials involved;

(c) an estimate of the quantity of any chemical, toxic or acid-forming material that has been or could be released;

(d) the time and duration of the occurrence and if it is on-going, or urgency of the pending situation;

(e) any known or anticipated impacts to human health, property or the environment;

(f) precautions and corrective actions taken by the Operator; and

(g) the Operator's name(s) and contact number(s) for persons to be contacted for further information and response by the Office.

8.2.3Follow-up Notice Requirements

As soon as practicable after an emergency situation or condition is reported and addressed, but no later than five (5) working days, the Operator shall provide a written report of the event to the Office. The report shall provide a description of:

(a) actions taken to respond to and correct the emergency situation or condition;

(b) any known or anticipated adverse impacts to human health, property or the environment;

(c) name(s), address(s), telephone numbers and e-mail address of the Operator's contact person for additional information and follow-up by the Office;

(d) monitoring and analyses that are necessary to evaluate the situation and corrective actions, copies of all pertinent data; and

(e) results of the Operator's investigation to assess the conditions or circumstances that created the emergency situation, and what corrective or protective measures will be taken to prevent a similar event from occurring in the future.

8.3EMERGENCY RESPONSE PLAN FOR DESIGNATED CHEMICALS AND URANIUM OR URANIUM BY-PRODUCTS

In compliance with Rule 6.4.21, describing the purpose of an Environmental Protection Plan, Operators/Applicants of Designated Mining Operations shall be required to have on file with the Office an up-to-date Emergency Response Plan for designated chemicals. It shall be the Operator's/Applicant's sole responsibility to provide timely updates of responsible personnel and their phone numbers to the Office.

8.3.1Non-Designated Mining Operations Exempted

Operations that do not involve uranium mining or that do not have or will not use designated chemicals, as defined in Rule 1.1, are specifically exempted from the requirements of this Rule 8.3.

8.3.2Minimum Requirements - Submitting Other Agency Plans

Operators/Applicants that are required to submit an Emergency Response Plan, may submit all or portions of a plan required by another state, local or federal agency that has been required of the Operator if it substantially conforms to the following minimum requirements:

(a) designation of personnel, such as mine manager, shift foreman or safety officer, who will be on site and in charge in case of an emergency. Also, a minimum of two (2) key response individuals, with up-to-date phone numbers, who can be contacted by the Office on a 24-hour basis;

(b) an outline of response procedures to be followed by mine or plant personnel in the event of an emergency involving designated chemicals, acidic or toxic materials, or uranium or uranium by-products;

(c) a list of designated chemicals and maximum quantities to be stored or used on site at any one time;

(d) a list and location map of materials, supplies and equipment stored on the property and readily available for containing, controlling and cleaning up excursions or releases of designated chemicals.

8.3.3Post-Emergency Event Monitoring Plan

The Office may require the Operator to provide a post-emergency event monitoring and analysis plan, specific to an emergency, in addition to Board Ordered Corrective Action requirements.

8.4EMERGENCY RESPONSE AUTHORITY OF THE OFFICE

8.4.1Responsibilities of the Office

The Office may:

(a) establish an Emergency Response Team, which may include other Offices and Agencies;

(b) enter properties to take necessary emergency, safeguarding and corrective measures;

(c) after consultation with, and authorization from the Office, issue a written cease and desist order for the activity(ies) suspected of causing the emergency situation;

(d) apply to a district court for a temporary restraining order, temporary injunction, or permanent injunction to require cessation of the activity(ies) determined to be causing the emergency situation.

(e) as to Designated Mining Operations, operate the Environmental Protection Facility utilizing any or all portions of the Financial Warranty established for such purpose. Such funds shall be available for the state to operate any portion of the Environmental Protection Facilities, or other facilities as may be necessary, to terminate an emergency as defined by these Rules. In responding to an emergency, the Board or Office will first use funds available as appropriate from the Emergency Response Cash Fund prior to utilizing any or all portions of the Permittee's Financial Warranty.

8.4.2Office's Determination that an Emergency Exists

The Office may exercise its emergency authority to respond to situations at mining or mineral processing facilities. The determination may be based upon the following:

(a) the Operator, or another person fails or refuses to stop engaging in any activity not permitted by, or which constitutes a possible violation of the Act, the Rules or permit conditions, and which is presenting an unwarranted risk of serious harm to human health, property or the environment;

(b) the Operator or another person, fails or refuses to take corrective actions necessary to contain, control, safeguard, or manage an emergency situation;

(c) an Operator fails or refuses to respond to a Board Order requiring corrective actions for:

(i) any failure or imminent failure of any impoundment, embankment, stockpile, or slope identified in the permit;

(ii) any Environmental Protection Facility or measure, identified in the Permit, designed for the control or containment of acid or toxic producing materials or designated chemicals;

(iii) any specific Permit condition which is intended to protect human health, property or the environment;

(iv) any structure for an in situ leach mining operation designed to detect, prevent, minimize or mitigate adverse impacts on groundwater;

(v) any structure used in connection with an in situ leach mining operation designed to detect, prevent, minimize, or mitigate adverse impacts on human health, wildlife, or the environment.

8.5SPECIFIC RESPONSE AUTHORITY RELATED TO EMERGENCY SITUATIONS INVOLVING PHYSICAL MINE HAZARDS

After notification to the Operator, owner or other responsible person, or if a responsible person cannot readily be identified or located, the Board or Office may direct or authorize the Office of Active and Inactive Mines to respond to emergency situations in which physical mine hazards are involved. Physical mine hazards may include, but are not limited to:

(a) failure or refusal to safeguard or maintain safeguarding of shafts, adits, portals, escapements, stopes opened to surface and subsidence areas;

(b) failure or refusal to safeguard or maintain safeguarding in a manner specified by the Office of Active and Inactive Mines in:

(i) the published bid specifications; or

(ii) according to another design specified or approved by the Board or Office.

8.6FOLLOW-UP MONITORING AND REPORTING REQUIREMENTS

The Board or Office may require that a post-emergency situation inspection or monitoring program be performed to evaluate any possible adverse impacts, and to ensure that the corrective actions taken are sufficient to address the circumstances creating the initial emergency situation.

8.7 EMERGENCY RESPONSE FUNDING

8.7.1 Cash Fund and Purpose

(1) The Board may transmit grants, donations, and other contributions to the State Treasurer for placement in the Executive Director's Emergency Response Cash Fund.

(2) This fund shall be accessible to the Executive Director for the following purposes:

(a) to conduct emergency response activities at permitted or illegal mining or illegal mineral processing operations; and

(b) to conduct emergency prevention, containment, control, safeguarding or reclamation activities at permitted or illegal mining or mineral processing facilities.

8.7.2Public Contributions, Donations and Grants

The Board, Office or other interested persons may pursue and accept grants and contributions for inclusion in the Executive Director's Emergency Response Cash Fund.

8.8EMERGENCY RESPONSE COST RECOVERY

The Executive Director may seek recovery of costs expended in carrying out the provisions of this Rule 8. The State shall bear the burden of proof for any violations or cost recovery actions brought against a party(ies) identified in this Rule 8.8. Recovery may be sought for funds expended from the cash fund from any and all of the following:

(a) the Permittee;

(b) the Operator, if different from the Permittee, conducting activities or allowing activities that caused the emergency situation; or

(c) the person controlling or owning the operation.

2 CCR 407-1-8

38 CR 05, March 10, 2015, effective 3/30/2015

42 CR 12, June 25, 2019, effective 7/15/2019

45 CR 12, June 25, 2022, effective 7/15/2022