405 KAR 1:170. Water quality standards and surface water monitoring

Link to law: http://www.lrc.ky.gov/kar/405/001/170.htm
Published: 2015

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      405 KAR 1:170. Water

quality standards and surface water monitoring.





KRS 350.028, 350.420


AND CONFORMITY: KRS 350.028 requires the Environmental and Public Protection

Cabinet to adopt rules and administrative regulations for the strip mining of

coal. This administrative regulation sets forth water quality standards and

requirements for surface water monitoring.


      Section 1. Water

Quality Standards. (1) For the purpose of this administrative regulation,

disturbed area shall not include those areas in which only diversion ditches,

sedimentation ponds, or roads are installed and the upstream area is not

otherwise disturbed by the mining operation. All sedimentation ponds required

shall be constructed in accordance with this chapter and in appropriate

locations prior to any mining in the affected drainage area in order to control

sedimentation or otherwise treat water. Sedimentation ponds shall be certified

by a qualified registered engineer as having been constructed as designed and

as approved by the cabinet.

      (2) The discharges

from areas disturbed by strip mining and reclamation operations must meet all

applicable federal and state laws and regulations and at a minimum in the

following numerical effluent limitations:


Limitations, in Milligrams per Liter, mg/1, except for pH






of daily


for 30




Iron, total



Manganese, total**



Total suspended solids




Within the range 6.0 to



      *Based on

representative sampling.

      **Applicable only

when run-off prior to treatment has a pH less than six (6.0) or total iron

greater than ten (10.0) mg/l.

      ***Where the

application of neutralization and sedimentation treatment technology results in

inability to comply with the manganese limitations set forth, the cabinet may

allow the pH level in the discharge to exceed to a small extent the upper limit

of nine (9.0) in order that the manganese limitations will be achieved.

      (3) Any overflow or

other discharge of surface water from the disturbed area demonstrated by the

permittee to result from a precipitation event larger than a ten (10) year,

twenty-four (24) hour frequency event will not be subject to the effluent

limitations of subsection (2) of this section.

      (4) The permittee

shall install, operate, and maintain adequate facilities to treat any water

discharged from the disturbed area that violates applicable federal or state

laws or regulations or the effluent limitations listed in subsection (2) of

this section.

      (5) If the pH of

waters discharged from the disturbed area is normally less than six (6.0), an

automatic lime feeder or other neutralization process approved by the cabinet

shall be installed, operated, and maintained. If the cabinet finds that small

and infrequent treatments are required to meet effluent limitations and do not

necessitate use of an automatic neutralization process, and that the mine

normally produces less than 500 tons of coal per day, then the cabinet may

approve the use of a manual system if the cabinet finds that consistent and

timely treatment can be assured by the permittee.


      Section 2. Surface

Water Monitoring. (1) A surface water monitoring program which meets the

requirements of this section shall be prepared and submitted with the permit

application, and this program shall be subject to the approval of the cabinet.

The program shall:

      (a) Provide adequate

monitoring of all discharge from the disturbed area;

      (b) Provide adequate

data to describe the likely daily and seasonal variation in discharges from the

disturbed area in terms of water flow, pH, total iron, total manganese (when

the run-off prior to treatment has a pH less than six (6.0) or total iron

greater than ten (10.0) mg/l) and total suspended solids and, if requested by

the cabinet, any other parameters characteristic of the discharge;

      (c) Provide

monitoring at appropriate frequencies to measure normal and abnormal variations

in concentrations;

      (d) Provide an

analytical quality control system including standard methods of analysis such

as those specified in 40 CFR 136;

      (e) Provide a

regular report of all measurements to the cabinet within sixty (60) days of

sample collection, unless violations of permit conditions occur in which case

the cabinet shall be notified immediately after receipt of analytical results

by the permittee. If the discharge is subject to regulation by a federal or

state permit issued in compliance with the Federal Water Pollution Control Act

Amendments of 1972 (33 USC 1251-1378) a copy of the reporting form supplied to

meet the permit requirements may be submitted to the cabinet to satisfy the

reporting requirements of this regulation if the data meet the sampling frequency

and other requirements of this section.

      (2) After disturbed

areas have been regraded and stabilized in accordance with the provisions of

this chapter, the permittee shall monitor surface water flow and quality. Data

from this monitoring shall be used to demonstrate that the quality and quantity

of run-off without treatment will be consistent with the requirements of this

chapter to minimize disturbance to the prevailing hydrologic balance and to

attain the approved postmining land use. These data shall provide a basis for

approval by the cabinet for removal of water quality or flow control systems

and for determining when the requirements of this administrative regulation are

met. The cabinet shall determine the nature of data, frequency of collection, and

reporting requirements.

      (3) Equipment,

structures, and other measures necessary to adequately measure and sample the

quality and quantity of surface water discharges from the disturbed area of the

permit area shall be properly installed, maintained, and operated and shall be

removed when no longer required. (4 Ky.R. 493; Am. 5 Ky.R. 205; eff. 8-23-78;

TAm eff. 8-9-2007.)