405 KAR 18:090.
Sedimentation ponds.
RELATES TO: KRS
151.100, 151.250(3), 350.020, 350.100, 350.151, 350.420, 350.465, 30 C.F.R.
Parts 730-733, 735, 817.46, 917, 30 U.S.C. 1253, 1255, 1266
STATUTORY AUTHORITY:
KRS 350.028, 350.151(1), 350.465(2), 30 C.F.R. Parts 730-733, 735, 817.46, 917,
30 U.S.C. 1253, 1255, 1266
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 350.028(1), (5), 350.151(1), and 350.465(2) authorize the
cabinet to promulgate administrative regulations relating to surface and
underground coal mining operations. This administrative regulation establishes
the requirements for the location, design, construction, certification, maintenance,
removal, and retention of sedimentation ponds for underground mines.
Section 1. General
Requirements. Sedimentation ponds shall be used individually or in series and
shall:
(1) Comply with
Sections 1 through 6 of this administrative regulation and 405 KAR 18:100;
(2)(a) In accordance
with 405 KAR 18:100, Section 1(2), be designed and certified by a qualified registered
professional engineer as meeting the requirements of Sections 1 through 6 of
this administrative regulation and 405 KAR 18:100;
(b) In accordance
with 405 KAR 18:100, Section 1(9), be inspected during construction by or under
the direct supervision of the responsible registered professional engineer, and
after construction be certified by the responsible registered professional
engineer as having been constructed in accordance with the approved design
plans;
(3) Be constructed
and certified under subsection (2) of this section before any disturbance in
the watershed that drains into the sedimentation pond and prior to any
discharge of water to surface waters from underground mine workings; and
(4) Be located as
near as possible to the disturbed area and out of perennial streams, unless
approved by the cabinet, pursuant to the cabinet's authority in KRS 350.050.
Section 2. Sediment
Storage Volume. Sedimentation ponds shall provide adequate sediment storage
volume as approved on a case-by-case basis by the cabinet based upon the
anticipated volume of sediment to be collected and a feasible plan for
clean-out operations. The plan shall include a time schedule or clean-out
elevations, or an appropriate combination, that shall provide periodic sediment
removal sufficient to maintain adequate volume for the sediment to be collected
during the design precipitation event under Section 3 of this administrative
regulation. The proposed clean-out plan shall be included in the design and
shall be approved if the cabinet determines that the proposed plan is feasible.
Section 3. Detention
Time. Sedimentation ponds shall be designed, constructed, and maintained to:
(1) Provide
detention time such that discharges from the sedimentation pond shall meet the
requirements of 405 KAR 18:070, Section 1(1)(g); and
(2)(a) Contain the
runoff from the ten (10) year, twenty-four (24) hour precipitation event by
providing a runoff storage volume, between the top elevation of the design
sediment storage volume and the principal spillway elevation, equal to or
greater than the runoff from that precipitation event. The cabinet may approve
a smaller runoff storage volume based on terrain, the amount of disturbance,
other site specific conditions, and a demonstration by the permittee that the
effluent limitations of 405 KAR 18:070, Section 1(1)(g) will be met; or
(b) Treat the runoff
from the ten (10) year, twenty-four (24) hour precipitation event by using
other treatment facilities in conjunction with adequate runoff storage volume,
so that the effluent limitations of 405 KAR 18:070, Section 1(1)(g), will be
met.
Section 4.
Dewatering. The water storage resulting from inflow shall be removed by a
nonclogging dewatering device or spillway approved by the cabinet, pursuant to the
cabinet's authority in KRS 350.050. The dewatering device or spillway shall not
be located at a lower elevation than the top elevation of the design sediment
storage volume.
Section 5. Other
Requirements. (1) Each permittee shall design, construct, and maintain
sedimentation ponds to prevent short-circuiting to the extent possible.
(2) The design,
construction, and maintenance of a sedimentation pond or other sediment control
measures in accordance with Sections 1 through 6 of this administrative regulation
shall not relieve the permittee from compliance with 405 KAR 18:070, Section
1(1)(g).
(3) The design shall
take into account the volume of water and sediment contributed by the
underground mine discharge.
(4) Sediment shall
be removed from sedimentation ponds in accordance with the approved clean-out
plan.
(5) Spillways shall
be provided in accordance with 405 KAR 18:100. Emergency spillway grades and
allowable velocities shall be approved by the cabinet.
(6) Sedimentation
ponds shall be properly maintained and shall not be removed until the
requirements of 405 KAR 18:070, Section 1(1)(b) have been met.
(7) Sedimentation
ponds shall be removed prior to final release of bond liability for the permit
area unless retention of the pond is approved by the cabinet under subsection
(8) of this section. After a sedimentation pond is removed, the affected land
shall be regraded and revegetated in accordance with 405 KAR 18:190 and 405 KAR
18:200.
(8) If the cabinet
approves retention of a sedimentation pond as a permanent impoundment, the
sedimentation pond shall meet all the requirements for permanent impoundments
under 405 KAR 18:060, Section 10, and 405 KAR 18:100.
Section
6. Other Treatment Facilities. (1)(a) This section applies to "other
treatment facilities" as defined in 405 KAR 18:001.
(b) Other treatment facilities may be
used in conjunction with sedimentation ponds.
(c) Other treatment facilities may be
used in place of sedimentation ponds, if specifically approved by the cabinet
for that purpose on a case-by-case basis,
pursuant to the cabinet's authority in KRS 350.050.
(2) Other treatment facilities shall be
designed to treat the ten (10) year, twenty-four (24) hour precipitation event
unless a lesser design event is approved by the cabinet based on terrain,
climate, other site-specific conditions and a demonstration by the permittee
that the effluent limitations of 405 KAR 18:070, Section 1(1)(g), will be met.
(3) Other treatment facilities shall meet
all requirements for sedimentation ponds, if the requirements can be
appropriately applied to the other treatment facilities. The cabinet shall
determine the applicable requirements on a case-by-case basis depending upon
the type of other treatment facilities. In every case the other treatment
facilities shall be designed, constructed, and maintained to:
(a) Be located as near as possible to the
disturbed area and out of perennial streams unless approved by the cabinet, pursuant to the cabinet's authority in KRS
350.050;
(b) Provide adequate sediment storage
volume, as approved on a case-by-case basis by the cabinet based upon the
anticipated volume of sediment to be collected during the design precipitation
event and a feasible plan for clean-out operations;
(c) Provide adequate detention time so
that the discharges shall meet the requirements of 405 KAR 18:070, Section
1(1)(g);
(d) Minimize short circuiting to the
extent possible; and
(e) Provide periodic sediment removal
sufficient to maintain adequate volume for the design event. The proposed plan
for clean-out operations shall be included in the design and shall be approved
if the cabinet determines it is feasible. The plan shall include a time
schedule or clean-out elevations, or an appropriate combination, sufficient to
maintain adequate volume for the sediment to be collected during the design
precipitation event.
(8 Ky.R. 1565; Am. 9 Ky.R. 711; eff. 1-6-83; 10 Ky.R. 821; eff. 4-23-84; 24
Ky.R. 738; 2670; eff. 6-10-98; 29 Ky.R. 548; 943; eff. 10-9-2002.)
