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New DNPM Directive No. 70,389/2017 Amends Regulations on Mining Dam Safety

MINING DAM SAFETY

On May 19, 2017, the Director-General of the National Department of Mineral Production (DNPM) published a directive altering the regulations of the National Policy on Dam Safety.

Prior to publication, the Agency organized a Public Consultation, making available on its website two draft directives to replace DNPM Directives No. 416/2012 and 526/2013, which respectively address the Mining Dam Safety Plan and the Emergency Action Plan for Mining Dams.

The norm consolidates, in a single act, all regulations attributed to the DNPM under Articles 8 to 12 of Federal Law No. 12,334/2010, which establishes the National Policy on Dam Safety.

The changes introduced by the Directive are aligned with proposals to enhance the inspection system and, according to the Agency itself, aim to meet the need for better management of monitored structures by public authorities. Simultaneously, they aim to provide greater safety and oversight to operated dams for civil society.

The reform of these regulations represents a substantial alteration for mining companies operating structures covered by the National Policy on Dam Safety, as per Federal Law No. 12,334/2010. The modifications range from changes in the dam classification matrix, according to their respective risk categories and associated potential damage, to the imposition of fortnightly reporting obligations on mining operators.

New Obligations

The Directive brings profound changes to the existing regulations, increasing the obligations imposed on mining dam owners, their frequencies, and occasionally requiring the involvement of external professionals to fulfill them.

For dams constructed prior to the enactment of the National Policy on Dam Safety, which lack as-built designs, a maximum period of 2 (two) years has been set for submitting as-is designs, starting from 30 (thirty) days after the normative act's publication date.

Creation of the Integrated Mining Dam Safety Management System – SIGBM

The new system created by the DNPM integrates the existing National Mining Dam Registry, established by the National Policy on Dam Safety, and will serve as a tool for submitting and managing information and data regarding registered structures by the owner.

Registration in the System must be completed by the entrepreneur and their respective technical responsible, by signing a Responsibility Commitment Agreement, including all structures in the SIGBM. Among the innovations anticipated that will utilize the new System is the obligation to submit bi-weekly information, as will be seen below.

Deregistration of dams, in turn, has been streamlined and can be carried out via SIGBM, with the presentation of documentation proving the closure or characterization change of the structure, duly accompanied by the Technical Responsibility Annotation from the responsible party.

Modification in the Dam Classification Matrix

The directive altered the dam classification matrix, making the categories in which structures fall more restrictive, as follows:

In addition to the classification matrix amendment, there was a requirement to develop flood maps for all dams, to assist in determining the associated Potential Damage of the respective structure.

Regular Semi-Annual Safety Inspections and Regular Inspection Summaries

Under the repealed Directives, Regular Safety Inspections were required annually. However, with the advent of the new norm, the frequency of these inspections will change to semi-annually, with at least one inspection per year mandated to be conducted by an external company contracted for this purpose.

The results of semi-annual inspections of structures, consolidated in Regular Inspection Summaries, have also had their periodicity altered. Previously, they were to be submitted annually to the DNPM, coinciding with the submission of the Annual Mining Report (RAL). Now, they must be submitted bi-weekly through the newly created SIGBM, with repeated non-compliance leading to structure closure.

In addition to established inspections, the implementation of a monitoring system for dams has been mandated, requiring continuous monitoring, particularly for structures with high associated Potential Damage, downstream populations, and constructed or raised using the upstream method.

The new Directive comes into effect on June 18, 2017, when DNPM Directives No. 416/2012 and 526/2013 will be revoked.

Alexandre Sion and Luiza Mello Souza