Engineer(s) of Record
Changing the Dam Paradigm
Kimberly Morrison, PE, RG
Morrison Geotechnical Solutions, Inc.
&
Christopher Hatton, PE
Haley & Aldrich, Inc.
Tailings & Mine Waste ‘16
Keystone, Colorado
October 2-5, 2016
Engineer of Record (EOR)
 The term “EOR” is
ubiquitous
• Has multiple
interpretations
• Applied differently
 Recent failures have
brought into question the
definition
The EOR Importance
 TSFs are living structures
 TSFs service lives can
transcend generations
 Ownership transitions
 Transient support
systems
 Changing practice
What is the Engineering Paradigm?
 The basic engineering
construct is simple
• Trained in ways of
Newton
• Bound by laws of nature
 Constrained by
• Operational economics
• Environmental
compliance
• Skills are often
marginalized and
commoditized; Low
Bidder
The Tailings Paradigm?
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Requires a unique set of engineering talents
Design with proportionally limited data
Guided by the “observational” approach (QC)
Storage will often exceed original TSFs design capacity
Cyclical nature of mining economics has a profound
impact on TSF operations
 Limited resource pool
Societal Mores
 Fundamental tenants based on social
awareness and quality science
• Colored by political dogma
• Clouded by Pseudoscience
• Distributed rapidly via electronic media
Enter the Troll…
The man in the arena…
“It is not the critic who counts; not the man who
points out how the strong man stumbles, or where
the doer of deeds could have done them better. The
credit belongs to the man who is actually in the
arena…
…who at the best knows in the end the triumph of
high achievement, and who at the worst, if he fails, at
least fails while daring greatly, so that his place shall
never be with those cold and timid souls who neither
know victory nor defeat.”
Theodore Roosevelt
“Citizenship in a Republic”
(1910 Sorbonne)
Environmental Compliance
Newtonian Physics
Operational Constraints
Market Conditions
Social Mores
Where do we go?
Wake-Up Call?
 Mount Polley and Samarco TSF failures
have brought into question the EOR
paradigm
• Active EOR in both cases
• Wake up call or call to action?
 Track record on tailings dam performance
remains unchanged…
Tailings Dam Failure History
Source: Trend in recorded instances of tailings dam failures as recorded on
the WISE Uranium project website (updated August 2016).
Mount Polley TSF Failure
Canada
 Imperial Metal’s copper
and gold mine near Likely,
B.C.
 Occurred within the
Perimeter Embankment
early on August 4, 2014
 Released 10B liters of
water and 4.5 Mm3 of
metals-laden tailings
Industry in a poor light…
Samarco’s Fundão TSF Failure
Brazil
 Iron ore mine in State of
Minas Gerais (JV Vale &
BHP)
 Fundão tailings dam failed
on November 5, 2015
 Liquefaction flowslide
released tailings into town
of Bento Rodrigues
 >600 people lost their
homes
 19 people died
In a poor light yet again…
Xiangjiang Wanji Aluminum TSF Failure
China
 Red mud storage facility
failure in Henan Province in
mid-August 2016
 Limited information
 Mudslide partially
destroyed a nearby town,
home to 300 villagers
 Reports indicate that no
one was killed or injured
4.40
Tailings dam incidents
Inflation-adjusted copper price
16
14
4.00
Inflation-adjusted copper price ($US/lb)
Tailings dam incidents/preceding 2-year period
18
“Copper Price Relationship”
12
10
8
6
4
3.60
3.20
2.80
2.40
2.00
1.60
2
0
1965
1.20
1970
1975
1980
1985
1990
1995
2000
2005
2010
Year
Davies & Martin (2009) “Mining market cycles
and tailings dam incidents.”
0.80
2015
Recent Tailings Incidents
“Copper Price Relationship”
Time for a change…
 Recognize the increased
challenges with engineering
and operations of TSFs
 Need for a revision to the
industry paradigm
We must come together as a group
to safeguard our profession and
these important structures moving forward
Canadian Dam Association (CDA)
Works to Address Issue
 CDA established a Mount Polley Task Group
• Members of Dam Safety and Mining Dams Committees
• Coordinate follow-up to the Mt Polley Panel Report
 Task Group made recommendations to CDA:
•
•
•
•
•
Regulatory roles and responsibilities
Improving tailings dam safety (BAPs, BATs)
Revisions to FS criteria
Assessment of consequences of dam failure
Improve definition of the EOR
CDA – EOR Definition (1 of 2)
“The Owner is ultimately responsible for the safety and operation of
their dam(s) during construction, operation, and closure.”
“Owner’s policy should clearly demonstrate the organization’s
commitment to safety management throughout the dam’s life cycle.”
This includes “delegation of responsibility and authority for all dam
safety activities.”
“The owner’s staff and any consultants or contractors who carry out
dam safety activities on behalf of the Owner should be aware of the
decision making process and who is accountable for that.”
CDA – EOR Definition (2 of 2)
“The Dam Safety Engineer of Record (EOR) [is] an integral part of risk
management for mining dams.”
“The EOR should be an individual clearly identified by the Owner with
the concurrence of the EOR.”
“In the case of a change in the EOR or Owner, the Owner shall be
responsible to ensure that reports, files, knowledge, and dam safety
records are comprehensively transferred to the new Owner and/or
new EOR.”
BCMEM
Works to Address Issue
 Following the Mount Polley TSF breach and recommendations in the
Panel Report
 British Columbia’s Ministry of Energy and Mines (BCMEM)
• Revised Health, Safety and Reclamation Code for Mines (i.e., Mining
Code)
• Contains new tailings management requirements
• Released in July 2016
• Several key legislated requirements for TSFs in BC
BCMEM – Revised Mining Code
(1 of 2)
Key components:
 The Mine Manager is ultimately responsible for the safety of all TSFs on a
site, and is required to designate a TSF Qualified Person, and ensure that
each TSF has an EOR and an Independent Tailings Review Board (ITRB).
 The TSF Qualified Person (usually a mine personnel) is responsible for
implementing the tailings and water management plans for the TSFs
under their supervision, including coordination of the design, construction,
and overall management of TSFs on the site with the EOR as well as
internal and external resources. The TSF Qualified Person is also
responsible for developing succession plans for the EOR.
BCMEM – Revised Mining Code
(2 of 2)
Key components (cont.):
 The EOR (usually a consultant) is a qualified and competent
engineer with experience commensurate with the consequence
classification and complexity of the facility.
 The responsibilities of the EOR must be assigned to an individual
and not a firm.
 The ITRB is made up of independent subject matter experts not
currently involved in or responsible for the design, operation, or
construction of the facility, who provides non-binding advice and
guidance, but does not direct the work or perform the role of the
EOR.
Geoprofessional Business Association
Works to Address Issue
 Creation of Tailings EOR Task Force
driven by the ever-increasing levels of risk
facing member firms in tailings-related
work
 Mandate:
• Raise awareness among GBA member
firms that perform tailings storage facility
design services of concerns and issues
related to the EOR
(www.geoprofessional.org)
What are they doing right in the oil sands
industry?
WHY?
Some of the largest impoundments in the world, constructed in
challenging conditions with particularly difficult foundation
conditions, have contributed 0% of the failure case record
database
Stewardship done right.
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Owners institute tailings management systems compliant with MAC guidelines
Personnel qualified in tailings management on staff
Retain qualified consultants as the “Engineer of Record”
Designs compliant with (at least) CDA guidelines
Surveillance and rigorous application of the observational approach
Designs reviewed by knowledgeable regulators
Owners retain independent third party review boards
Annual Dam Safety Inspection (DSI) submitted each year to the regulator by the
Owner, supported by the EOR
 Dam Safety Reviews (DSRs) conducted by independent engineers at CDAprescribed intervals
(Morgenstern, 2010)
Independent 3rd Party Review
 Third party review is increasingly being employed,
systematically, by mining companies
 A requirement of World Bank and other lenders’ groups
 Benefits owners, operators, designers, stakeholders, and
regulators
How do we know third party review
constitutes an effective “incident deterrent”?
One commonality amongst the case
records...
“In no case, was there systematic third party review”.
(Morgenstern, 2010)
The Paradigm Shift
Team Approach
 An “Individual” as the EOR
may be impractical
 “Engineering Team of
Record” concept
 External review teams
(e.g., Tailings Review
Board)
Team Sustainability Cycle
TSF Sustainability Team
 Owner Team
 EOR Team(s)
• Internal teams
• External teams
 Third-Party Review Board
• 2 or more members
• Work collaboratively
Final Notes
 The term “EOR” is interpreted differently by owners,
regulatory agencies and professionals working within the
mining industry
 Recent tailings failures have challenged the EOR paradigm
with industry seeking guidance
 Opinion that the answer is a collaborative team approach
to ensure a sustainable level of continuity