Provisions On Administration Of Safety Supervision For Tailing

Original Language Title: 尾矿库安全监督管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349583.shtml

Provisions on administration of safety supervision for tailing

    (Released May 4, 2011 the State administration of work safety, the 38th since as of July 1, 2011) Chapter I General provisions

    First in order to prevent and reduce tailings production safety accidents, protect people's lives and property safety, in accordance with the Safety Act, the mine safety law and other relevant laws, administrative regulations, this provision is enacted.

Second the construction of tailings, operation, mining, closed and security management and supervision, these provisions shall apply.

    Nuclear industry, mine tailings, safety supervision and management of power plant ash, these rules do not apply.

    Article construction, operation of tailings, mining, closed libraries, safety requirements and classification standards such as tailings, in accordance with the technical specification for safety of tailings (AQ2006-2005).

    Fourth tailings production and business operation entities (hereinafter referred to as the production and business operation entities) shall establish and improve the responsibility system for production safety of tailings, establish and improve work safety rules and safety regulations, the implementation of effective safety management of tailing.

    Fifth production and business operation entities shall guarantee the tailings to the safety conditions required for capital investment, establishing appropriate security management institution or appropriate safety management staff, professional and technical personnel.

Sixth production and business operation entity mainly responsible and safety management personnel should be trained in accordance with the relevant provisions and passing the examination after obtaining a security certificate before they can serve.

    Directly engaged in mining, dam of the tailing, visiting dam, flood control and drainage facilities to workers must obtain a certificate of special operations in order to post.

Seventh State administration of production safety supervision and management is responsible for relevant departments of the State Council or the State Department approval, approval and filing of the tailings dam construction project designs of safety facilities review and acceptance.

Other than those provided for in the preceding paragraph other tailing their designs of safety facilities of construction projects review and acceptance, by the provincial production safety supervision and management departments in accordance with the classification principles of management provides.

    Daily supervision and administration of production safety of tailings, grading and jurisdictional supervision principle, by provincial-level administrative areas of production safety supervision and management departments in accordance with the actual formulation of specific provisions, submitted to the State administration of work safety record.

Eighth to encourage production and business operation entities tailing monitoring, tailings, dry retreating the tailings comprehensive utilization of advanced and applicable technologies.

First, second, and third tailing should install online monitoring system.

    Encourages the production and business operation entities to mining tailings backfilling after use.

    Chapter II construction of tailings

Nineth tailings dam construction projects, including new construction, renovation or expansion as well as mining, tailings dam construction project of the closed library.

    Tailing their designs of safety facilities of construction projects review and acceptance shall comply with the relevant laws, administrative regulations and the non-coal mine safety facilities of construction project design review and final acceptance of provisions of the approach. Article tenth tailing the reconnaissance unit should have mine or rock-soil engineering survey quality. Design units should have a metal and Nonmetal mine design qualification. Qualification of safety evaluation unit should have the assessment of tailings. Construction unit should have a mining construction qualification.

The construction supervising units shall have the qualification of engineering supervision in mine.

Tailings of survey, design, security assessment, construction, supervision and other units in addition to meeting as provided in the preceding paragraph shall also be in accordance with tailings do not comply with the following requirements:

(A) the first, second, and third tailing pond construction project, survey, design, security evaluations, supervisor qualification of construction general contract grade a or grade qualification;

    (B) four or five class tailings dam construction project, the survey and design, safety assessment, the engineer has a grade b or above qualification b construction general contractor grade or third-level qualification or professional contract grade I, grade II. 11th tailings dam construction project should include preliminary design designs of safety facilities, and safety articles.

    Safety review of tailings site and tailings dam stability flood control capacity, drainage and tailings facility observation facilities fully prove the reliability and security.

    12th tailings site should be designed according to capacity, the dam and reservoir area topography, hydrogeology, meteorology, downstream residential and industrial structures, and so on, through scientific evaluation to determine. 13th tailings dam construction project designs of safety facilities and should be carried out by the production safety supervision and management departments for examination and approval before they can work.

No design or designs of safety facilities safety facilities without approval of the review, not construction.

    Design review and approval is strictly prohibited without heightening tailing dams.

14th tailings dam construction should be the implementation of relevant laws, administrative regulations and national standards, industry standards and regulations, in strict accordance with the design and construction, ensure the quality of engineering and construction records.

    Production and business operation entities shall establish tailings project and day-to-day management of the archives, especially hidden project files, security files and troubleshooting, control files, and long-term preservation.

    15th construction needs in local modifications to the design shall be subject to agreed with the original design; related to tailings site, grade and flood relief, tailings dam-significant design changes, it shall be submitted to the original examination and approval Department for approval. 16th construction project safety of tailings facilities commissioning production safety supervision and management departments should be, try running time must not exceed 6 months, emissions shall not exceed the initial dam and tailings dam Crest elevation.

    After the end of the test run, shall apply to the production safety supervision and administration acceptance of safety facilities. 17th construction project safety of tailings facility after acceptance by the production safety supervision and management departments, production and business operation entity shall, without delay, in accordance with the non-coal mining enterprise safety production license to implement the relevant provisions of the measures, applications for tailings dam safety production license.

Tailings for failing to make safety production license, and shall not be put into production.

    Production and business operation entities applying for tailings dam safety permit, acceptance has been submitted with the application meets the conditions for certification of documents and data can no longer be submitted; production safety supervision and management departments in approval when issuing safety licenses, you can no longer review.

    Chapter run tailings

Article 18th tailings production run without technical justification and approval of production safety supervision and management departments, and no unit or individual is allowed to change the following:

(A) Dam;

(B) emissions;

(C) physico-chemical characteristics of tailings;

(D) outside the dam, dam slope than elevation and final location of the dam axis, and ultimately accumulate;

(E) the dam seepage, drainage and filter settings;

(F) the type and layout of the drainage system and size;

    (G) the design of tailings and waste or wastewater into the library, and so on. 19th tailings shall conduct a safety assessment at least every three years.

The safety assessment shall conform to the requirements of the national standard or industry standard.

Tailings dam safety assessment should be done tailings dam stability calculation, calculation of the tailing, structures of professional and technical personnel to participate.

    Accumulation of upstream tailing dam, from one-second to two-thirds when the final design height, the dam should be a full investigation, special evaluation and stability.

20th tailing the safety assessment or expert is determined to be dangerous, and dangerous and disease, the production and business operation entity shall take the following measures:

(A) determined to be dangerous, it should be immediately discontinued, rescue, and tailing the county people's Governments, work safety supervision and management departments and higher authorities report;

(B) identified as a risk, it should be immediately discontinued, eliminating danger within a limited time, and tailing the county people's Governments, work safety supervision and management departments and higher authorities report;

    (C) identified as a disease, shall, within a time limit set by regulation in accordance with normal standards, eliminate potential accidents.

21st article production business units should established sound flood accountability, implementation 24 hours monitoring monitoring and duty unattended, and for may occurred of down dam, and diffuse top, and discharge facilities damaged, production security accident and effect tailings library run of flood, and debris flow, and mountain landslide, and earthquake, major danger developed and timely amendment emergency rescue plans, equipped with necessary of emergency rescue equipment, and equipment, placed in easy emergency Shi using of place.

    Emergency plan should be in accordance with the provisions of the corresponding production safety supervision and management departments, and conduct a drill at least annually.

    22nd production and business operation entities shall prepare annual and quarterly work plans of tailings, strictly in accordance with the working plan production, records and the long-term preservation.

    23rd production and business operation entities shall establish a tailings dam accident hidden danger management system, in accordance with this regulation and the provisions of the technical specification for safety of tailings, tailings are regularly organized special inspection, to find accidents in time management, and troubleshooting, management archives.

Article 24th following one of the major dangers of tailings, production and business operation entity shall, in accordance with the security authority and duty to immediately report to the local production safety supervision and management departments and the people's Government at the county level, and start the emergency plan, emergency:

(A) Dam serious phenomena such as piping, flow and soil;

(B) show signs of serious cracks, collapse and sliding of the dam;

(C) the water level exceeds the limit of the highest flood level in the warehouse;

(D) collapsed in drains or drainage (cave) collapse blocked;

    (E) other significant dangers that jeopardize safety of tailings.

    25th tailings dam collapsed, flood overtopping, accidents, production and business operation entity shall immediately activate emergency response plans, disaster and prevent accidents expanded, avoiding and reducing casualties and property losses, and immediately report to the local production safety supervision and management departments and the people's Government at the county level.

    Article 26th without consent of the technology demonstration and the production and business operation entity and tailing their designs of safety facilities of construction projects the original approval of the competent departments, no unit or individual is allowed in the area engaged in blasting, sand mining, underground mining, jeopardize the safety of tailing operations.

    Fourth chapter of tailings Recovering and closing
27th should be mining tailings in mining engineering investigation, safety assessment and design of mining, mining designs shall include designs of safety facilities, and safety articles.

The safety assessment of production safety supervision and management departments should be reported.

Design of mining safety facilities should be reported to safe production supervision and Administration Department for review and approval.

Mining design of production and business operation entity shall, in accordance with the implementation of tailings from mining and tailings from mining during the routine safety management and inspections to prevent the tailings from mining operations have an impact on safety of tailings dam. Retreating the tailings after complete extraction is no longer operating, production and business operation entities shall report tailings of production safety supervision and management departments to carry out the cancellation procedures.

    Specific measures shall be formulated by the provincial production safety supervision and management departments. 28th run tailings into the design ultimate elevation or no longer retreating operations, should be completed within one year of closing.

Exceptional circumstances cannot finish the closing, production safety supervision and management departments should be reported to the appropriate approval extension, but the extension period shall not exceed 6 months.

    Capacity less than 100,000 cubic meters and overall height of less than 10 metres from the small tailing closing procedures, developed by the provincial production safety supervision and management departments in accordance with local conditions.

29th run to design the ultimate elevation of tailings within the first 12 months, production and business operation entities shall be closed before the security situation evaluation and closing design, closed design should include designs of safety facilities, and safety articles.

    Closing safety devices should be designed with the work safety supervision and management departments concerned for review and approval.

Closed 30th production and business operation entities to apply for tailings engineering acceptance of security facilities, subject to the following conditions:

(A) discontinued the use of tailings;

(B) before closing the safety assessment report has been submitted concerning production safety supervision and Administration Department for the record;

(C) the closing of tailings engineering designs of safety facilities and about work safety supervision and management departments for examination and approval;

(D) complete closing safety facilities construction record, completion reports, drawings, and construction supervision reports;

    (E) the laws, administrative regulations and other conditions specified in national standards, industry standards.

31st production and business units to production safety supervision and management departments to submit closing safety of tailings facility inspection report shall include the following information:

(A) the administrative position, where the tailings site covers an area of and downstream of the tailings, resident of the village;

(B) the tailings dam construction and operation as well as in construction and operation have been major problems and treatment measures;

(C) the main technical parameters of tailings, including initial dam structures, dam construction materials, dam, height and total storage capacity, than the outer slope of tailings dam, tailings particle size, quantity of tailings, such as flood control and drainage patterns;

(D) closing safety facilities design and approval documentation;

(E) closing engineering designs of safety facilities in main engineering measures and closure engineering construction of;

(F) closing safety acceptance evaluation reports;

(VII) closing drawing on completion of project completion reports and security facilities;

(H) construction supervision reports;

    (IX) other relevant information. Article 32nd tailings closing and closed after security management from production and operation units.

    Closed to the dissolution or bankruptcy of the production and business operation entity, it closed or abandoned tailings management, financed by the production and business operation entities or the competent units; no competent employer or funding is not clear, specified by the work safety supervision and management departments to draw the people's Governments above the county level administrative unit.

    Supervision and administration of the fifth chapter 33rd of production safety supervision and management departments should be strictly in accordance with the relevant laws and administrative rules and regulations, national standards, industry standards, and the requirements and "hierarchical territorial" principle, tailing their designs of safety facilities of construction projects to review, acceptance and closure engineering acceptance of security facilities; do not meet the required conditions, shall not be approved or accepted.

    Review or acceptance shall not charge a fee.

    34th production safety supervision and management departments should be established within the administrative area of the tailings dam safety supervision and inspection records, and record inspection results, production safety accidents and violations investigated, and so on.

    35th of production safety supervision and management departments should strengthen the production and business operation entities work safety supervision for tailing checks for accidents and violations observed during the inspection, dealt with according to law.

    36th tailings of production safety supervision and management departments should establish safety reporting system, public telephone, mail or e-mail address relating to reporting to the admissibility of the report should be carefully investigate and verify; verified, should be dealt with according to law.

    37th production safety supervision and management departments should strengthen the emergency response plan for production and business units within the administrative area of record management, and emergency rescue of tailings into local people's Governments at various levels of emergency rescue system.

    The sixth chapter legal liability

    Article 38th of production safety supervision and management departments staff, failing to perform their safety supervision and management of tailings, given administrative sanctions in accordance with the regulations.

    39th article production business units or tailings library management units violation this provides eighth article second paragraph, and 19th article, and 20th article, and 21st article, and 22nd article, and 23rd article, and 24th article, and 26th article, and 29th article first paragraph provides of, give warning, and at 10,000 yuan above 30,000 yuan following of fine; on competent personnel and directly responsibility personnel by its where units or superior competent units give administrative sanctions; constitute crime of, law held criminal.

    40th production business unit or tailings management units in violation of the provisions of article 18th, given a warning and a fine of 30,000 yuan in serious cases, according to law shall be ordered to suspend production for rectification or brought to the local people's Governments at or above the county level in accordance with the provisions of permission to shut down.

    41st production and business operation entity violates the present provisions 28th article does not take the initiative to implement closed libraries, given a warning and a fine of 30,000 yuan.

42nd article of the administrative penalties stipulated in the provisions determined by the work safety supervision and management departments.

    Legal, administrative regulations, decisions on administrative penalty and punishment type, otherwise provided, in accordance with its provisions.

    The seventh chapter by-laws 43rd article of the regulations come into force on July 1, 2011. The State administration of work safety announced in 2006 that the tailings dam safety supervision and management regulations (State administration of production safety supervision and management, 6th) repealed simultaneously.