405 KAR 18:110.
Surface and groundwater monitoring.
RELATES TO: KRS
350.100, 350.151, 350.405, 350.420, 350.465,
STATUTORY
AUTHORITY: KRS Chapter 13A, 350.028, 350.151, 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 underground mining
activities and for restoration and reclamation of surface areas affected by
underground mining activities. This administrative regulation sets forth
requirements for the monitoring and reporting of surface water quality and
quantity, and groundwater levels and quality and aquifer conditions, and the
required duration of such monitoring.
Section 1.
General Requirements. (1) Surface and groundwater monitoring shall be conducted
in a manner acceptable to the cabinet and utilize, at a minimum, a sufficient
number of appropriately located groundwater monitoring wells (or springs),
surface water monitoring stations, and quantity and quality parameters to
demonstrate whether:
(a) The mining
and reclamation operations are conducted in such a manner as to minimize
disturbances to the hydrologic balance within the permit area and adjacent area
pursuant to 405 KAR 18:060;
(b) The mining
operation is meeting applicable effluent limitations and stream standards as
required by 405 KAR 18:060, Section 1(3);
(c) Reclamation
as required by 405 KAR is being accomplished and the operation is preventing
material damage to the hydrologic balance in the cumulative impact area
pursuant to 405 KAR 8:010, Section 14(2) and (3);
(d) The mining
operation meets water quality criteria for bond release pursuant to 405 KAR
10:040.
(2) Surface and
groundwater monitoring shall be coordinated with baseline data collection by
conducting surface and groundwater monitoring at locations where baseline data
was collected, or by other appropriate data collection and analysis procedures
which will allow a comparison of baseline conditions with during-mining and
postmining conditions.
(3) Equipment,
structures, monitoring wells, or other facilities used to monitor surface and
groundwater quantity and quality shall be properly installed, maintained, and
operated, and shall be removed or otherwise properly disposed of, including
sealing of monitoring wells, when no longer needed; except that monitoring
wells may be transferred to the surface owner of lands where the well is
located, pursuant to 405 KAR 18:060, Section 6.
(4) Except as
provided under subsection (7) of this section:
(a) Surface and
groundwater monitoring data collection shall begin during the calendar quarter
of initial disturbance and continue during mining and reclamation until final
bond release.
(b) Surface and
groundwater monitoring data shall be collected once each calendar quarter, with
no two (2) samples collected closer than thirty (30) days apart. The results of
the quarterly data collection must be submitted to the appropriate regional
office on or before the end of the first month following the calendar quarter
in which the data were collected.
(5) If the
results of any data collection indicate noncompliance with a permit condition,
the permittee shall promptly notify the cabinet in writing and shall take
immediate corrective actions to return the operations to compliance with all
permit conditions.
(6) The cabinet
may require the installation of additional groundwater monitoring wells and
surface water monitoring stations, the collection of additional quantity and
quality parameters, and more frequent data collection and submittal if
additional information is needed to meet the requirements of subsection (1) of
this section.
(7)(a) Pursuant
to an application for a revision of a permit, the cabinet may approve reduction
of the sampling frequency for surface or groundwater, except as required by the
KPDES permit, if the permittee demonstrates to the cabinet's satisfaction,
using the monitoring data obtained under this administrative regulation, that
the operation has minimized disturbance to the hydrologic balance in the permit
and adjacent areas and prevented material damage to the hydrologic balance
outside the permit area, and water quantity and quality are suitable to support
the postmining land uses.
(b) However, the
cabinet shall not approve reduction of sampling frequency to less than
quarterly until at least thirty (30) months after Phase I bond release on the
permit. The cabinet shall not approve a sampling frequency of less than once
per year.
Section 2.
Groundwater Monitoring. (1) Groundwater monitoring shall be conducted according
to the requirements of Section 1 of this administrative regulation and the
monitoring plan required by 405 KAR 8:040, Section 32(4).
(2) At a
minimum, groundwater monitoring shall include the parameters of:
(a) Water
levels; and
(b) Total
dissolved solids, or specific conductance corrected to twenty-five (25) degrees
Centigrade; pH; dissolved iron; dissolved manganese; acidity; alkalinity; and
sulfate.
(3) If the
applicant can demonstrate to the satisfaction of the cabinet by use of the
baseline geologic or hydrologic information, the mining and reclamation plan,
and the determination of probable hydrologic consequences that a particular
water transmitting zone in the proposed permit and adjacent area is not one
which serves as an aquifer which significantly ensures the hydrologic balance
anywhere within the cumulative impact area, then monitoring of that water
transmitting zone may be waived by the cabinet.
Section 3.
Surface Water Monitoring. (1) Surface water monitoring shall be conducted
according to the requirements of Section 1 of this administrative regulation
and the monitoring plan required by 405 KAR 8:040, Section 32(4).
(2) At a
minimum, surface water monitoring shall include the parameters of:
(a) Discharge;
and
(b) Total
dissolved solids, or specific conductance corrected to twenty-five (25) degrees
Centigrade; total suspended solids; pH; total iron; total manganese; acidity;
alkalinity; and sulfate.
(3) Surface
water monitoring for KPDES.
(a) Monitoring
of point source discharges under a KPDES permit shall be conducted in
accordance with 40 CFR Parts 122, 123, and 434 and in accordance with the
requirements of the KPDES permit. The permittee shall submit a copy of the
KPDES monitoring results to the cabinet on the time schedule and in the format
required by the KPDES permit. The permittee shall report all noncompliances
with the KPDES permit to the cabinet in the manner required by the KPDES
permit.
(b) Compliance
with KPDES monitoring requirements shall not relieve the permittee of the
obligation to comply with other surface and groundwater monitoring requirements
of this administrative regulation. (8 Ky.R. 1567; Am. 9 Ky.R. 713; eff. 1-6-83;
11 Ky.R. 1854; 12 Ky.R. 197; eff. 8-13-85; 15 Ky.R. 489; 1088; eff. 12-13-88.)