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
AUTHORITY: KRS 151.125, 224.033, 350.020
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.
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.
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.
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.
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
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.
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
Certifications. (1) All designs, maps, plans, and drawings submitted under this
administrative regulation shall be prepared and certified by a qualified
registered professional engineer.
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.)