405 KAR 18:070. Water quality standards and effluent limitations

Link to law: http://www.lrc.ky.gov/kar/405/018/070.htm
Published: 2015

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      405 KAR 18:070.

Water quality standards and effluent limitations.



350.020, 350.090, 350.100, 350.151, 350.405, 350.420, 350.465


AUTHORITY: KRS Chapter 13A, 350.028, 350.100, 350.151, 350.420, 350.465


FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the

cabinet to promulgate rules and administrative regulations establishing

performance standards for protection of people and property, land, water and

other natural resources, and aesthetic values, during underground mining

activities and for restoration and reclamation of surface areas affected by

underground mining activities. This administrative regulation identifies water

quality standards and effluent limitations which must be met, identifies the

waters to which they apply and the periods of time in which they apply,

requires water treatment for sediment control, and provides certain exemptions.


      Section 1. Water

Quality Standards and Effluent Limitations. (1)(a) Any discharges to surface

waters of water from disturbed areas, underground workings, coal processing

plants, and other surface facilities, shall be treated by passing through

sedimentation ponds or other approved treatment facilities before leaving the

permit area. The cabinet may grant exemptions from the requirement for

sedimentation ponds or treatment facilities where the drainage is demonstrated

by the permittee to meet the requirements of paragraph (g) of this subsection,


      1. The drainage

is from underground workings; or

      2. The drainage

is from surface areas which are adequately stabilized by vegetation or other

protection against erosion so as to prevent the formation of rills and gullies;


      3. The disturbed

surface drainage area is small; or

      4. The drainage

is a mixture of surface drainage meeting subparagraphs 2 or 3 of this paragraph

and drainage from underground workings, and each type of drainage is

demonstrated by the applicant to meet the requirements of paragraph (g) of this

subsection prior to being mixed.

      (b) Sedimentation

ponds and other treatment facilities for surface drainage from disturbed areas

shall be properly maintained and shall not be removed until all disturbed areas

in the drainage area above the facility have been backfilled, graded and

revegetated in accordance with this chapter and:

      1. The

vegetation has successfully survived two (2) years after the last augmented


      2. The

vegetation meets the ground cover standards of 405 KAR 16:200; and

      3. The permittee

has demonstrated to the satisfaction of the cabinet that retention of the pond

or other treatment facility is not necessary in order to meet the requirements

of paragraph (g) of this subsection.


Sedimentation ponds and treatment facilities for discharges from underground

workings shall be maintained until either the discharge continuously meets the

requirements of paragraph (g) of this subsection without treatment or until the

discharge has permanently ceased.

      (d) For the

purposes of this administrative regulation only, disturbed area shall not

include those areas affected by surface operations in which only diversion

ditches, sedimentation ponds, or roads are installed in accordance with this

chapter and the upstream area is not otherwise disturbed by the permittee.


Sedimentation ponds required by this administrative regulation shall be

constructed in accordance with 405 KAR 18:090 and 401 KAR 18:100, in

appropriate locations before beginning any underground mining activities in the

affected drainage area.

      (f) Where

sedimentation ponds are located so as to receive drainage both from disturbed

areas and from other areas not disturbed by current surface coal mining and

reclamation operations, the mixed drainage shall meet the requirements of

paragraph (g) of this subsection when the mixed drainage leaves the permit


      (g) Discharges

of water from areas disturbed by underground mining activities shall at all

times be in compliance with all applicable federal and state water quality

standards and either:

      1. If the

operation does not have a KPDES permit, the effluent limitations guidelines of

coal mining promulgated by the U.S. EPA in 40 CFR 434; or

      2. The effluent

limitations established by the KPDES permit for the operation.

      (2) Adequate

facilities shall be installed, operated, and maintained to treat any water

discharged from disturbed areas or discharged from underground mine workings,

when necessary to ensure that the discharge complies with all federal and state

laws and regulations and the requirements of this administrative regulation.

Except where a lower pH is authorized by the KPDES permit for the operation, if

the pH of water to be discharged from the disturbed area or mine is less than

six (6.0), a neutralization process approved by the cabinet shall be installed,

operated, and maintained. (8 Ky.R. 1563; eff. 1-6-83; Am. 15 Ky.R. 480; eff.