405 KAR 7:050.

Coal processing waste disposal sites.

 

      RELATES TO: KRS

151.125, 151.297, 224.071, 350.020, 350.090(1), 350.420

      STATUTORY

AUTHORITY: KRS 151.125, 224.033, 350.020

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 350.020 states that unregulated surface coal

mining operations create hazards dangerous to life and property and that it is

the purpose of KRS Chapter 350 to provide such regulation and control of these

operations in order to minimize or prevent injurious effects on the people and

resources of the Commonwealth. KRS 350.020 directs the cabinet to adopt

whatever administrative regulations are found necessary to accomplish the

purpose of KRS Chapter 350. Furthermore, KRS 151.125 and 151.297 provide for

the issuance of remedial orders whenever life or property are or may be

endangered by the failure of any dam, reservoir, levee, embankment, or other

water barrier. In addition, KRS 224.071 provides for the issuance of abate and

alleviate orders when there is a danger to the health or welfare of the people

of the Commonwealth or to natural resources. This administrative regulation

provides for the control of coal processing waste dams, waste impoundments, and

waste banks in order to prevent loss of life, damage to property, and injurious

effects on the environment of the Commonwealth due to structural failure of

these facilities and is necessary because such facilities are not otherwise

adequately regulated. This administrative regulation provides, among other

things, for submittal of engineering reports, performance standards, and

remedial measures to correct dangerous facilities.

 

      Section 1.

Applicability. This administrative regulation applies to all coal processing

waste disposal sites, whether dams, waste impoundments, or waste banks, that

were constructed or utilized after August 3, 1977, regardless of whether or not

the sites are or have been under permit or bond under KRS Chapter 350.

 

      Section 2.

Reports. (1) Within sixty (60) days of September 21, 1982, operators or owners

of coal processing waste disposal sites shall submit two (2) copies of the

following to the cabinet regional office:

      (a) All existing

information currently available to the operator or owner including complete

design of the facility, stability analyses, and a description of the coal

processing waste material at the site including moisture content and particle

size gradation. This shall also include copies of plans submitted to and/or

approved by MSHA. If such plans submitted to MSHA include all of the

information required by this paragraph, then submittal of copies of such plans

shall suffice. Where information required by this paragraph has already been

submitted to the cabinet as a part of a permit application, the operator or

owner shall so notify the cabinet regional office in writing and need not

resubmit duplicate material.

      (b) As-built

drawings of the current phase of construction or of the completed facility as

applicable, including a map showing the location of the facility.

      (2) Analyses and

descriptions submitted under subsection (1)(a) of this section shall be based

upon current information available to the operator or owner. However, on a

case-by-case basis, at any time, the cabinet may require the operator or owner

to submit such additional plans and analyses or to conduct such investigations

and testing of materials as necessary to determine the stability of the

facility where failure of the facility could cause damage to life or property

or injurious effects on the environment of the Commonwealth. This may include,

but is not limited to, seepage investigations, settlement studies based on

compressibility and mining subsidence, foundation investigations including

borings or test pits, laboratory testing of foundation materials, and

determination of strength parameters based on laboratory testing of site

specific coal processing waste materials.

 

      Section 3.

Performance Standards. (1) Any coal processing waste disposal site impounding

water, or impounding coal processing waste which is physically unstable due to

excessive moisture content or excessive fine-grained material, and any dam

containing coal processing waste in the embankment shall comply with either 405

KAR 1:210 or 405 KAR 3:180.

      (2) All other

coal processing waste disposal sites shall comply with 30 CFR 77.214 as amended

at 36 Fed. Reg. 13,143 (1971) and 30 CFR 77.215 as amended at 40 Fed. Reg.

41,776 (1975), provided, however, no facility shall be constructed in such

manner that it may cause loss of life, damage to property, or injurious effects

on the environment of the Commonwealth due to structural failure of the

facility.

      (3) Those

portions of structures that have already been constructed and structures that

have been completed need not be reconstructed except where reconstruction is

determined by the cabinet to be necessary to ensure stability of the facility

in order to eliminate potential hazards to life or property or to prevent

injurious effects on the environment of the Commonwealth.

      (4) Nothing in

this administrative regulation shall be construed as relieving an operator from

the obligation to comply with any other provision of 405 KAR, including, but

not limited to, compliance with the permanent program performance standards and

the requirements for existing structures in 405 KAR 7:040, Section 4.

 

      Section 4.

Remedial Measures. Operators or owners of coal processing waste disposal sites

may be required by the cabinet to revise the facility design and/or to

implement such remedial measures as necessary to comply with Section 3 of this

administrative regulation.

 

      Section 5.

Certifications. (1) All designs, maps, plans, and drawings submitted under this

administrative regulation shall be prepared and certified by a qualified

registered professional engineer.

      (2) Construction

or reconstruction of coal processing waste disposal sites shall be inspected

during and after construction by a qualified registered professional engineer

or by qualified persons under the engineer's supervision and the facility shall

be certified within two (2) weeks of each inspection by the responsible

qualified registered professional engineer as having been constructed in

accordance with the design approved by the cabinet. Where the cabinet has not

yet reviewed and approved the design, the engineer shall make the certifications

based upon the design approved by MSHA. (9 Ky.R. 634; Am. 1148; eff. 5-4-83.)