405 KAR 18:110. Surface and groundwater monitoring

Link to law: http://www.lrc.ky.gov/kar/405/018/110.htm
Published: 2015

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      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.)