Section R. 425.41 - Tailings basin dikesRule 41.
(1) Before a person constructs a dike or dam for a tailings basin, including an impoundment of water for clarification or reuse, that person shall determine whether Act No. 184 of the Public Acts of 1963, as amended, being §281.131 et seq. of the Michigan Compiled Laws, or Act No. 346 of the Public Acts of 1972, being §281.951 et seq. of the Michigan Compiled Laws, is applicable.(2) If not constructed of concrete, asphalt, or a similar material, a dike or dam of a tailings basin, including an impoundment of water for clarification or reuse, shall be constructed so that the outer face is capable of being stabilized by vegetation or other treatment to the satisfaction of the supervisor.(3) Where erosion of a dike of a tailings basin, including an impoundment of water for clarification or reuse, is occurring, or is likely to occur, and where that erosion results or may result in loss of the confined tailings, injury or damage to fish or wildlife, the pollution of air or water, or which might cause injury to the property or person of others, the dike shall be repaired. Earthen dikes shall be stabilized by planting with a vegetative cover or by other treatment to the satisfaction of the supervisor.Mich. Admin. Code R. 425.41