405 Kar 30:340. Leachate Control

Link to law: http://www.lrc.ky.gov/kar/405/030/340.htm
Published: 2015

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      405 KAR 30:340. Leachate control.


      RELATES TO: KRS 350.600


224.033, 350.028, 350.050, 350.600


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


      (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



      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.)