405 Kar 18:090. Sedimentation Ponds

Link to law: http://www.lrc.ky.gov/kar/405/018/090.htm
Published: 2015

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      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.)