405 KAR 18:070.
Water quality standards and effluent limitations.
RELATES TO: KRS
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.
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:
vegetation has successfully survived two (2) years after the last augmented
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.
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
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.
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.