405 KAR 30:340. Leachate control.
RELATES TO: KRS 350.600
STATUTORY AUTHORITY: KRS 151.125,
224.033, 350.028, 350.050, 350.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS
350.600 requires the Environmental and Public Protection Cabinet to develop administrative
regulations for oil shale operations to minimize and prevent their adverse
effects on the citizens and the environment of the Commonwealth. This
administrative regulation sets forth requirements for leachate control.
Section 1. General. The permittee shall,
using the best technology currently available, control the quantity and quality
of leachate produced at an oil shale operation.
Section 2. Preventive Measures. The
permittee shall control the quantity of leachate by limiting the exposure of leachate
producing materials to contact with water utilizing, but not limited to, the
following practices:
(1) Constructing diversion structures
around sources of leachate. Such structures shall meet the provisions of 405
KAR 30:310, Section 1(2).
(2) Placing such materials on impermeable
surfaces;
(3) Minimizing exposure to precipitation;
(4) Protecting disposal areas from water
by placing impermeable boundaries around leachate-producing materials; and
(5) Construction of leachate containment
structures.
Section 3. Leachate Containment
Structures. Where deemed necessary by the cabinet, leachate containment
structures shall be constructed below sources of leachate not meeting water
quality standards as specified in 405 KAR 30:320. Such structures shall, at a
minimum, meet the following provisions:
(1) Leachate containment structures shall
be sized to contain all leachate until such leachate can be treated to meet
applicable standards or otherwise disposed of as approved by the cabinet;
(2) Leachate containment structures shall
be lined with an impermeable material to prevent seepage;
(3) Leachate containment structures shall
be located as close as possible to the source;
(4) Leachate containment structures shall
not be used for sediment control unless specifically approved by the cabinet;
(5) Leachate containment structures shall
be maintained in a manner approved by the cabinet and retained until leachate
meets applicable water quality standards;
(6) Leachate containment areas shall be
marked by signs meeting the criteria in 405 KAR 30:210;
(7) Leachate containment areas shall be
fenced to prevent entry of livestock, wildlife, and unauthorized persons.
Section 4. The cabinet may approve other
criteria upon adequate demonstration by the permittee based on sound
engineering principals that the requirements of this administrative regulation
are met.
Section 5. All leachate shall be handled,
treated, and disposed of in accordance with all applicable federal and state
laws and regulations.
Section 6. All areas containing
leachate-producing materials shall remain under bond until the leachate being
produced meets all applicable water quality standards. (8 Ky.R. 128; Am. 489;
eff. 3-1-82; TAm eff. 8-9-2007.)