405 KAR 16:070. Water quality standards and effluent limitations

Link to law: http://www.lrc.ky.gov/kar/405/016/070.htm
Published: 2015

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      405 KAR 16:070.

Water quality standards and effluent limitations.



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:

      1. The

vegetation has successfully survived two (2) years after the last augmented


      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.


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


      (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.

(8 Ky.R. 1533; eff. 1-6-83; Am. 15 Ky.R. 455; eff. 12-13-88.)