Guizhou province, tailings dam safety management
(December 17, 2009 21st Executive meeting of Guizhou province on December 28, 2009, 114th promulgated by the people's Government of Guizhou province as of the date of promulgation) first to prevent tailings production safety accidents, protect people's lives and property safety, according to the People's Republic of China production safety law, the Guizhou Provincial safety regulations and other provisions of laws and regulations, combined with the facts of the province, these measures are formulated.
Second construction of tailings within the administrative area of the province, running, close libraries, mining safety supervision and management, application of this approach.
Tailings in these measures refers to the dam intercepts Valley or surrounding land composed of tailings or industrial waste storage sites.
Coal mining, coal gangue and waste management is not suitable for the formation of these measures.
Third tailings within the administrative area of the people's Governments above the county level shall lead the supervision and administration of production safety.
The people's Government above the county level tailings within the regulatory agency responsible for the administration of production safety supervision and administration of production safety.
Relevant departments under the people's Governments above the county level within the scope of their respective duties and responsibilities relating to work safety supervision and management of tailings.
Fourth production and business operation entity, renovation, expansion of tailings shall meet the following conditions:
(A) the drinking water source protection areas, residential areas, scenic spots, cultural relics protection units, critical infrastructure and other areas that need protection to keep a safe distance;
(B) the design in line with national standards, industry standards, and national and provincial technical specifications;
(C) the building comply with national and provincial procedures and technical specifications;
(D) other conditions stipulated by laws, rules and regulations.
Article fifth from tailing their designs of safety facilities within 3 months from the date of the review, by the people's Governments above the county level management of production safety supervision and management departments of land and resources department, environmental protection Department, town and country planning department, water Department jointly designate security control of tailings areas, after consultation with the relevant departments, Township people's Government, the production and business operation entity views to the public.
Tailings that have been completed, in accordance with the provisions of the preceding paragraph, from the date of implementation of this approach within the security controlled area 1 years.
Prohibiting the construction of residential areas and personnel within the security controlled area of concentration sites.
Sixth law and regulations of construction, reconstruction, expansion of tailing their designs of safety facilities review and final acceptance of the work, by the construction of project examination and approval, approval, filing Department of people's Governments at the same level of production safety supervision and management departments.
Article seventh tailings site, such as, tailings dams, flood control and other major changes, should be redesigned and submitted to the original examination of safety facilities design sector review.
Eighth production and business operation entities shall establish safety management of tailing the following system:
(A) the day-to-day supervision of production safety rules and regulations;
(B) the safe production responsibility system;
(C) the workplace hazards screening, governance systems;
(D) emergency rescue systems;
(E) other security management system.
The production and business operation entity shall strictly implement the safety management system of tailing, in line with laws, administrative regulations and the safety conditions stipulated by national or industrial standards to ensure safety.
Tailings that have been completed shall, within 1 year from the date of implementation of this approach to controlled rectification, if still do not meet the safety requirements, be closed down according to law.
Nineth production and business operation entity shall, in accordance with national standards, industry standards and design requirements, technical specifications, as well as national and provincial, ore tailings, dams, water discharge, flood control, seismic safety work, and run the archive establishment of tailings, faithfully recorded operation of tailings.
Production and business operation entity shall periodically or occasionally organized tailing workplace hazards screening, treatment and emergency rescue drills.
Tenth production and business operation entities shall guarantee the safety of tailing conditions required for capital investment, clearly the security authorities and personnel.
11th special operations personnel of tailings shall obtain the qualifications set by the State and certified.
12th tailings that shall make safety production license was not obtained, shall not be put into operation.
The tailings in the 13th to run, production and business operation entities shall not alter the following matters:
(B) outside the dam, dam slope than elevation and final location of the dam axis, and ultimately accumulate;
(C) the dam seepage, drainage and filter settings;
(D) the type and layout of the drainage system and size;
(E) the design of tailings and waste or wastewater into the library. 14th tailings production and business operation entities contract, lease management, should be specified in the contract, lease agreement management responsibility for the safety of tailings.
The production and business operation entities shall, from the date of signing of the agreement in the 15th the agreement submitted to the County work safety supervision and management departments of tailings. Tailing the production and business operation entity mergers, transfer of, it should be made clear in a merger, transfer agreement management responsibility for the safety of tailing.
Agreement the Parties shall from the date of agreement is signed within 15th agreement submitted to the County work safety supervision and management departments of tailings. Tailings of 15th closed and closed after security management from production and operation units. The production and business operation entity dissolution, closure, bankruptcy, by receiving the tailings assets of natural persons, legal persons or other organizations; tailing assets of non-natural persons, legal persons or other organizations to receive, the local people's Governments at the county level are responsible for.
TRANS, TRANS-level people's Government is responsible for.
Article 16th tailings should be put close library, one of the following circumstances:
(A) abandoned or inactive;
(B) there are significant risks, after rectification still does not meet the conditions for safe production;
(C) reach design capacity or exceed the service life, do not have the mining conditions of reuse.
Closing of tailings shall conform to the provisions of the preceding paragraph within 2 years from the date of completion.
Article 17th closing safety of tailings management responsibilities shall, in accordance with the following procedure close library:
(A) entrust a qualified security assessment agency closing safety evaluation of the tailings, reported to the people's Governments above the county level production safety supervision and management departments in accordance with law;
(B) entrust a qualified designer to close library designs of safety facilities, work safety supervision and management departments to review the people's Governments above the county level in accordance with law;
(C) entrust a qualified construction, supervision units closed library construction and construction supervision;
(D) law to the people's Governments above the county-level work safety supervision and management departments to apply for acceptance of closed security facilities.
Closed designs of safety facilities provided for in the preceding paragraph during the period under review during the acceptance and completion of the closing safety devices are not included in the provisions of the second paragraph of this article 16th periods.
Closing safety devices section 18th tailings acceptance, shall submit the following information:
(A) the tailings site, covering an area of security control area and tailings;
(B) the tailings dam construction and operation as well as in construction and operation of major problems and treatment measures;
(C) the tailings dam, height, total capacity, the amount of tailings, flood control and drainage methods and other technical parameters;
(D) the closed library designs of safety facilities and related approval documents;
(E) closed project profiles;
(F) closing drawing on completion of project completion report;
(G) the closed library construction project supervision reports;
(H) additional information on the laws, rules and regulations. Article 19th tailings in mining or closed libraries need to re-enable, tailings dam construction project management.
Tailings recovery recycling, should also be agreed with the consent of the management of tailings.
20th no unit or individual is prohibited in the tailings area and within the security controlled area without authorization to engage in blasting, excavation and other activities endangering safety of tailings.
21st in violation of the provisions of article 16th, work safety supervision and management departments above the county level people's Governments shall be ordered to correct, and a fine of between 10,000 yuan and 30,000 yuan; closing safety management of the people's Governments above the county level responsible for specific departments, directly responsible for its directors, supervisors and other personnel directly responsible shall be given administrative sanctions.
22nd disobey article 20th, for profit-making purposes, work safety supervision and management departments above the county level people's Governments shall be ordered to desist from the illegal act can be fined a maximum of between 5000 and 1000 Yuan; for other purposes, work safety supervision and management departments above the county level people's Government ordered corrective action and can be fined a maximum of between 1000 and 500 Yuan.
23rd violates other provisions of these measures, the people's Governments above the county level production safety supervision and management departments and other departments responsible for the supervision and administration of production safety in accordance with the People's Republic of China production safety law and the regulations on the safety production license, the Guizhou Provincial safety regulations and other laws, rules and regulations for punishment.
Article 24th of the departments responsible for the supervision and administration of production safety principals, managers directly responsible and other persons directly responsible for, any of the following acts, does not constitute a crime, administrative sanctions according to law:
(A) violation of laws, rules, regulations and related provisions, by tailing their designs of safety facilities review or acceptance;
(B) these measures are found not to meet the conditions laid down in depositing tailings into the running behavior is investigated according to law;
(C) found that tailings are running no longer meets the safety conditions are not be investigated and prosecuted;
(D) specifying or disguised specify design safety evaluation of units or institutions;
(V) security controls within the region approved residential areas or places of concentration of activities;
(F) upon receipt of the report of failing to investigate;
(VII) any other acts such as dereliction of duty, abuse of authority or engages in. 25th article this way come into force on the date of promulgation.