Administrative Measures On Safety Supervision For Tailing, Shaanxi Province

Original Language Title: 陕西省尾矿库安全监督管理办法

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(July 25, 2006 111th of Shaanxi Province released as of September 1, 2006) first in order to prevent and reduce tailings production safety accidents, protect people's lives and property safety, according to the People's Republic of China production safety law and the People's Republic of China Mining Safety Act and other laws and regulations, combined with the facts of the province, these measures are formulated.
    II construction of tailings within the administrative area of the province, running, closing and closed after use and the safety supervision and management, application of this approach.
    The nuclear industry mines and other work safety supervision for tailing with a radioactive substance, this approach is not applicable.
    Safety assessment for tailing, building, running and closing and closed before use safety requirements as well as tailings grading standards, in accordance with the technical specification for safety of tailings (AQ2006-2005).
    The third people's Governments above the county level shall strengthen leadership on the safety of tailings, fulfill the safety supervision for tailing management responsibilities.
    County above government safety supervision management sector is responsible for this administrative within tailings library security supervision management work, its main duties is: (a) supervision check production business units implementation safety legal, and regulations of situation; (ii) supervision check tailings library of security status; (three) according to national about provides, on tailings library construction project security facilities design review and completed acceptance for approval; (four) supervision check tailings library full-time job personnel security education and training work;
    (V) the supervision and inspection of the production and business operation entity extraction and use of security costs; (vi) supervise the production and business operation entity of tailings dam accident timely corrective action; (VII) Organization of tailings dam accident investigation and treatment; (VIII) to provide services for the safety of tailings of intermediaries supervision according to law, and (IX) other duties stipulated by laws and regulations.
    Fourth the people's Governments above the county level shall classified management of production safety supervision and management departments in accordance with the principles of secure facilities design of tailings dam construction project review and acceptance.
    Province Government safety supervision management sector is responsible for total capacity 1 million (containing 1 million) cubic metres above tailings library of security supervision management, and can combined reality delegate set district city government safety supervision management sector for daily security supervision management; set district city government safety supervision management sector is responsible for total capacity 1 million cubic metres following tailings library of security supervision management, and can combined reality delegate County government safety supervision management sector for daily security supervision management. Five production safety supervision and management departments at all levels should strengthen supervision and inspection on the safety of tailings.
    Check out the accident to carry out responsibility, rectification.
    Provincial work safety supervision and management departments of the province organize a security check of key tailings; district municipal work safety supervision and management departments in every 4 months and County work safety supervision and management departments on a monthly basis within the administrative area of the tailings to organize a security check.
    Safety supervision and management departments during the flood period, shall organize the relevant departments to conduct safety inspections of tailings. Sixth tailing their designs of safety facilities of construction projects should be reviewed by the work safety supervision and management departments qualified before the construction.
    No design or safety facilities safety facilities design does not pass the review, not construction.
    Total storage capacity of 1 million (1 million) cubic meters above the tailings dam construction projects should be designed by those with class-a qualification of mine construction and engineering design unit, should consist of non-coal mine safety assessment qualification of safety evaluation agencies, construction should have secondary (secondary) above the mine construction qualification unit.
    Seventh article units proposed tailings library construction project security facilities design review application Shi, should submitted following information: (a) security facilities design review application report and application table; (ii) construction project project and feasibility research report approved file; (three) security pre evaluation report book; (four) construction project of preliminary design; (five) legal, and regulations, and regulations provides need submitted of other information.
    Related to tailings site, don't, tailings dam, drainage ways, such as major design changes, should be redesigned by the original design units, and submitted to the original examination and approval of production safety supervision and management departments for examination and approval.
    Article eighth tailings dam construction project completion and acceptance, their safety facilities shall be subject to acceptance of production safety supervision and management departments, and qualified before put into use. Units application tailings library security facilities completed acceptance Shi, should submitted following information: (a) acceptance application report and the application table; (ii) security facilities design by review qualified and the design modified of about file, and information; (three) main security facilities, and special equipment detection test report; (four) construction units qualification proved material; (five) supervision units qualification proved material and construction supervision report; (six) construction during production security accident and the other major engineering quality accident of about information; (seven) Manager (Manager), and
    Safety management personnel and special operations related to information security qualifications; (h) the safety assessment report, (IX) laws, rules and regulations need to submit additional information. Nineth in the context of tailings dam can cause hazard, residents shall not approve the construction of new residential areas.
    Residents in the downstream of the tailings existing residential area, local government as well as the production and business operation entities shall organize the relevant departments to conduct site surveys, if necessary, experts demonstrate, determine whether the residential district to the residents of tailings hazard constitutes a hazard, the local Government shall organize residents to move. Tenth production and business operation entity is the responsibility of safety of tailings, whose main charge is the responsibility of safety management of tailing.
    Production business units in tailings library security management in the, should perform following duties: (a) established sound tailings library safety accountability, developed perfect of tailings library safety regulations and operation; (ii) set and equipped with corresponding of security management institutions and security management personnel; (three) guarantee tailings library has safety conditions by required of funds input; (four) according to approved of design capacity emissions tailings; (five) established tailings library engineering archives; (six) developed accident emergency rescue plans, regularly for walkthrough;
    (VII) other duties stipulated by laws, rules and regulations. 11th tailings should be equipped with 5 or more full-time workers in day-to-day management and operations.
    Design capacity of 1 million (1 million) cubic metres of tailings above should set up specialized management agencies or with 2 or more compatible with the needs of professional and technical personnel.
    12th accumulation of upstream tailing dam to design the dam height 1/2-2/3 height, production and business operation entities shall conduct a comprehensive survey of dam, stability ad hoc evaluation, validation status and design of dam stability, determine the appropriate technical measures.
    Provisions have already been put into operation, but not design of tailings, production and business operation entities shall, within the period of production safety supervision and management departments to carry out the necessary investigation and stability analysis of dam, after passing the redesign and corrective action as required, and may be put into production. 13th production and business operation entities shall establish a tailings dam accident investigation system, to find hidden perils of timely corrective action, and the establishment of a complete archive.
    Production and business operation entity in charge should organize a special inspection of safety of tailings per week. Security checks of tailings shall be strictly in accordance with the provisions of the technical specification for safety of tailings.
    The main contents of inspection include: flood safety inspections, safety inspections of tailings dam and tailings area security checks, and so on.
    Article 14th tailings closing and closed after security management from production and business operation entities responsible for the original production and business operation entity does not exist, funded by the original production and business operation entity or the competent Department's finance is not clear or no higher authorities, designated by the people's Governments above the county level administrative unit.
    After the closing of the tailing, must be prepared to dam and flood control facility maintenance, not water; without approval of the design argument, and may not be re-enabled or converted to other uses.
    After the closing of the tailing, prohibited in the civil strife in mining the tailings dam and the library, dig, the construction of buildings (structures) as well as illegal operations.
    15th under stoping with tailings and then re-enabled, approved close-tailing or change to other available must be conducted in accordance with the provisions of the construction of tailings technology feasibility studies, engineering design and safety assessment.
    Using tailings or reuse of closed mining the tailings must be strictly in accordance with the approved design and planning in the library for mining and sediment and drainage; continues to use the original tailings dam and flood control facility, may not affect the safety of tailings dams and flood control facility.
    Recycling of tailings production is completed, in accordance with State provisions relating to tailings closing, closing.
    Beyond design capacity of tailings discharge or major accident hazard rectification still does not meet the conditions for safe production, according to law, close libraries.
    16th State organs and their staff, not fulfilled its responsibilities in safety supervision and management of tailings, principals and persons directly responsible shall be given administrative sanctions; a suspected crime, transferred to the judicial authorities to investigate and punish.
    17th article production business units violation this approach, has following behavior one of of, by safety supervision management sector ordered corrected, and at 5000 Yuan above 20,000 yuan following of fine; plot serious of, ordered its on tailings library implementation discontinued reorganization, on main head and directly responsibility people law give administrative sanctions; suspected crime of, transferred judicial organ law investigation: (a) not by about provides on workers for security education, and training, distribution workers induction job of; (B) special operations personnel are not in accordance with the provisions of the special safety training and obtain special operator qualifications, posts, (iii) refused to work safety supervisors and managers on-site inspections or conceal the accident when it is checked, does not accurately reflect the situation and (iv) failing to faithfully and promptly report accidents or significant danger of tailings.

    18th article production business units in tailings library construction in the has following behavior one of of, ordered deadline corrected; late not corrected of, law ordered stop tailings library construction or discontinued closed reorganization, can and at 10,000 yuan above 30,000 yuan following of fine; caused serious consequences, suspected crime of, transferred judicial organ law investigation: (a) construction project no security facilities design of; (ii) construction project security facilities design not according to provides reported by about sector review agreed of;
    (C) construction project in accordance with the approved safety facilities design and construction, and (iv) construction projects completed and put into production or use, without acceptance of safety facilities.
    19th production and business operation entities tailings dam construction projects construction subcontractors do not have corresponding qualification of the construction unit, rectification, and to a fine of up to 10,000 yuan and 30,000 yuan.
                                                                                                        20th these measures shall come into force on September 1, 2006.