405 KAR 16:070.
Water quality standards and effluent limitations.
RELATES TO: KRS
350.020, 350.090, 350.100, 350.405, 350.420, 350.465
AUTHORITY: KRS Chapter 13A, 350.028, 350.100, 350.420, 350.465
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.
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:
vegetation has successfully survived two (2) years after the last augmented
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.
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.
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
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
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.
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.
(8 Ky.R. 1533; eff. 1-6-83; Am. 15 Ky.R. 455; eff. 12-13-88.)