405 KAR 16:140. Disposal of coal mine waste.
RELATES TO: KRS 350.410, 350.420, 350.465,
EO 2009-538 STATUTORY AUTHORITY: KRS 350.028, 350.465, EO 2009-538
NECESSITY, FUNCTION, AND CONFORMITY: KRS
350.028 and 350.465 require the cabinet to promulgate administrative
regulations establishing performance standards for protection of people and property,
land, water and other natural resources, and aesthetic values, during surface
mining activities and for restoration and reclamation of surface areas affected
by mining activities. EO 2009-538, effective June 12, 2009 establishes the new
Energy and Environment Cabinet. This administrative regulation establishes requirements
for the disposal of coal mine waste, including design and construction requirements
for coal mine waste banks, site inspection requirements, water control
measures, provisions for extinguishing burning coal waste and utilization of
burned coal waste, and the return of coal mine waste to underground mine workings.
Section 1. General Requirements. (1) All
coal mine waste shall be hauled and conveyed in a controlled manner approved by
the cabinet in disposal areas approved by the cabinet for this purpose. These
areas shall be within a permit area. The disposal area shall be designed, constructed,
(a) In accordance with 405 KAR 16:130,
Sections 1 and 2, and this administrative regulation; and
(b) To prevent combustion.
(2) Coal mine waste materials from
activities located outside the permit area, such as those activities at other
mines or abandoned mine waste banks may be disposed of in the permit area only
if approved by the cabinet. Approval shall be based on a showing by the
permittee, using hydrologic, geotechnical, physical, and chemical analyses,
that disposal of these materials does not:
(a) Adversely affect water quality, water
flow, or vegetation;
(b) Create public health hazards; or
(c) Cause instability in the disposal
Section 2. Site Inspection. (1) All coal mine
waste banks shall be inspected on behalf of the permittee by a qualified professional
engineer or other qualified person under the direct supervision of the responsible
(a) Inspections shall occur at least
quarterly, beginning within seven (7) days after preparation of the disposal
1. The cabinet may require more frequent
inspection based upon an evaluation of the potential danger to the health or
safety of the public and the potential harm to land, air, or water resources.
2. Inspections shall terminate if the
coal mine waste bank has:
a. Been graded;
b. Been covered in accordance with
Section 4(4)(a) of this administrative regulation; or
c. Had topsoil distributed on the bank in
accordance with 405 KAR 16:050, Section 4.
(b) Inspections shall include observations
and tests as may be necessary to evaluate the potential hazard to human life
and property, to ensure that all organic material and topsoil have been removed
and that proper construction and maintenance are occurring in accordance with
the plan submitted under 405 KAR 8:030, Section 34, and approved by the
(c) The engineer shall consider:
1. Steepness of slopes;
3. Other visible factors that may
indicate potential failure; and
4. The results of failure with respect to
the threat to human life and property.
(d)1. The responsible registered
professional engineer shall certify to the cabinet within two (2) weeks after
each inspection that the coal mine waste bank has been constructed as specified
in the design approved by the cabinet.
2. Copies of the inspection findings
shall be maintained at the mine site.
(2) If an inspection discloses that a
potential hazard exists, the cabinet shall be informed within twenty-four (24)
hours promptly of the finding and of the emergency procedures formulated for
public protection and remedial action.
(a) If adequate procedures cannot be
formulated or implemented, the cabinet shall be notified immediately.
(b) The cabinet shall then notify the
appropriate emergency agencies that other emergency procedures shall be
required to protect the public from the coal mine waste area.
Section 3. Water Control Measures. (1) Unless
the cabinet approves alternative practices that ensure structural integrity of
the waste bank and protection of ground and surface water quality, a properly
designed subdrainage system shall be provided, which shall:
(a) Intercept all ground water sources;
(b) Be protected by an adequate filter;
(c) Be covered so as to protect against
the entrance of surface water or leachate from the coal mine waste.
(2) During and after construction, surface
drainage from the area above the coal mine waste bank and from the crest and
face of the waste disposal area shall be diverted, in accordance with 405 KAR
16:130, Section 2(2).
(3)1. Slope protection shall be provided
to minimize surface erosion at the site.
2. Disturbed areas, including diversion
ditches that are not riprapped, shall be vegetated upon completion of construction.
(4) Water discharged from a coal mine waste
bank shall comply with 405 KAR 16:060, Sections 1, 2, and 9; 16:070; 16:090;
Section 4. Construction Requirements. (1)
Coal mine waste banks shall be constructed in compliance with 405 KAR 16:130,
Sections 1 and 2, except to the extent that the requirements of those sections
are varied in this section.
(2) Coal mine waste banks shall have a
minimum static safety factor of one and five-tenths (1.5).
(3) Compaction requirements during
construction or modification of a coal mine waste bank shall meet the
requirements of this subsection, instead of those specified in 405 KAR 16:130,
(a) The coal mine waste shall be:
1. Spread in horizontal layers not more
than twenty-four (24) inches in thickness; and
2. Compacted to attain ninety (90)
percent of the maximum dry density to prevent spontaneous combustion and to
provide the strength required for stability of the coal mine waste bank. Dry
densities shall be determined in accordance with the American Association of
State Highway and Transportation Officials (AASHTO) Specification T99-74 (12th
Edition) (1974) as incorporated by reference in 405 KAR 7:015, Section 3(7), or
an equivalent method.
(b) Variations may be allowed in these
requirements for the disposal of dewatered fine coal waste (minus twenty-eight
size) with approval of the cabinet or an
equivalent method agreed upon by the cabinet and the permit applicant.
(4)(a) Following grading of the coal mine
waste bank, the site shall be covered with a minimum of four (4) feet of the
best available nontoxic and noncombustible material, in accordance with 405 KAR
16:050, Section 2(5), and in a manner that does not impede flow from
(b) The coal mine waste bank shall be
revegetated in accordance with 405 KAR 16:200.
(c)The cabinet may allow less than four
(4) feet of cover material based on physical and chemical analyses that show
that the requirements of 405 KAR 16:200 shall be met.
Section 5. Burning Coal Waste. Coal mine waste
fires shall be extinguished by the permittee, in accordance with a plan approved
by the cabinet and the MSHA. The plan shall contain, at a minimum, provisions
to ensure that only persons authorized by the permittee, and who have an
understanding of the procedures to be used, shall be involved in the extinguishing
Section 6. Burned Waste Utilization. (1)
Before any burned coal mine waste, other materials, or refuse is removed from a
permitted disposal area, approval shall be obtained from the cabinet.
(2) A plan for the method of removal,
with maps and appropriate drawings to illustrate the proposed sequence of the
operation and method of compliance with this chapter shall be submitted to the
(3) Consideration shall be given in the
plan to potential hazards that may be created by removal to persons working or
living in the vicinity of the disposal area.
(4) The plan shall be prepared by a
qualified professional engineer.
Section 7. Return to Underground
Workings. Coal mine waste may be returned to underground mine workings only in
accordance with the waste disposal program approved by the cabinet and MSHA
pursuant to 405 KAR 8:040, Section 27. (8 Ky.R. 1545; Am. 9 Ky.R. 706; eff.
1-6-1983; 10 Ky.R. 817; eff. 4-23-1984; 36 Ky.R. 648; 1021; eff. 11-17-2009.)