RELATES TO:
KRS
350.020,
350.090,
350.100,
350.405,
350.420,
350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part requires the cabinet to promulgate rules and administrative
regulations establishing performance standards for protection of people and
property, land, water and other natural resources, and aesthetic values, during
surface mining activities and for restoration and reclamation of surface areas
affected by mining activities. This administrative regulation identifies water
quality standards and effluent limitations which must be met, identifies the
waters to which they apply and the periods of time in which they apply,
requires water treatment for sediment control, and provides certain
exemptions.
Section 1. Water Quality
Standards and Effluent Limitations.
(1)
(a) All surface drainage from disturbed areas
shall be passed through a sedimentation pond or a series of sedimentation ponds
before leaving the permit area.
(b)
Sedimentation ponds and other treatment facilities shall be properly maintained
and shall not be removed until all disturbed areas in the drainage area above
the facility have been backfilled, graded and revegetated in accordance with
this chapter and:
1. The vegetation has
successfully survived two (2) years after the last augmented seeding;
2. The vegetation meets the ground cover
standards of
405 KAR 16:200;
and
3. The permittee has
demonstrated to the satisfaction of the cabinet that retention of the pond or
other treatment facility is not necessary in order to meet the requirements of
paragraph (g) of this subsection.
(c) The cabinet may grant exemptions from
these requirements only when:
1. The disturbed
drainage area is small; and
2. The
permittee demonstrates that sedimentation ponds and treatment facilities are
not necessary for drainage from the disturbed drainage areas to meet the
requirements of paragraph (g) of this subsection.
(d) For the purposes of this administrative
regulation, disturbed area shall not include those areas in which only
diversion ditches, sedimentation ponds, or roads are installed in accordance
with 405 KAR and the upstream area is not otherwise disturbed by the person who
conducts the surface mining activities.
(e) Sedimentation ponds required by this
section shall be constructed in accordance with
405 KAR
16:090 and
405 KAR
16:100, in appropriate locations before beginning any
surface mining activities in the drainage area to be affected.
(f) Where sedimentation ponds are located so
as to receive drainage both from disturbed areas and from other areas not
disturbed by current surface coal mining and reclamation operations, the mixed
drainage shall meet the requirements of paragraph (g) of this subsection, when
the mixed drainage leaves the permit area.
(g) Discharges of water from areas disturbed
by surface mining activities shall at all times be in compliance with all
applicable federal and state water quality standards and either:
1. If the operation does not have a KPDES
permit, the effluent limitations guidelines for coal mining promulgated by the
U.S. EPA in 40 CFR
434; or
2. The
effluent limitations established by the KPDES permit for the
operation.
(2) Adequate facilities, in addition to
sedimentation ponds, shall be installed, operated, and maintained to treat any
water discharged from disturbed areas when necessary to ensure that the
discharge complies with all federal and state laws and regulations and the
limitations of this administrative regulation. Except where a lower pH is
authorized by the KPDES permit for the operation, if the pH of water to be
discharged from the disturbed area is less than six (6.0), a neutralization
process approved by the cabinet shall be installed, operated, and
maintained.