2 Colo. Code Regs. § 407-4-8

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

Rule 2 CCR 407-4-8 - EMERGENCY NOTIFICATION BY OPERATORS, 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 impoundment, embankment, stockpile or slope that poses a reasonable potential for danger to persons or property

8.2 OPERATOR'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;

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

(d) any known or anticipated impacts to persons or property;

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

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

8.2.3 Follow-up Notice Requirements

As soon as practicable after an emergency situation or condition is reported and addressed, 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 persons or property;

(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.

8.3THIS RULE DELETED, RESERVED FOR FUTURE USE

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) The Financial Warranty funds shall be available for the state to operate any facilities as may be necessary to terminate an emergency as defined by these Rules.

8.4.2Office's Determination that an Emergency Exists

The Office may exercise its emergency authority to respond to situations at construction material extraction operations. 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 person or property;

(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 specific Permit condition which is intended to protect persons or property.

8.5 THIS RULE DELETED, RESERVED FOR FUTURE USE

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 insure that the corrective actions taken are sufficient to address the circumstances creating the initial emergency situation.

2 CCR 407-4-8

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