405 KAR 3:190.
RELATES TO: KRS
AND CONFORMITY: KRS 350.151 requires the Environmental and Public Protection
Cabinet to adopt rules and administrative regulations for the surface effects
of underground coal mining. This administrative regulation sets forth
requirements for permanent water impoundments.
Section 1. General
Requirements. The permittee may construct, if authorized by the cabinet,
permanent water impoundments on mining sites only when they are adequately
demonstrated to be in compliance with the requirements of this chapter in
addition to the following requirements:
(1) The size of the
impoundment is adequate for its intended purposes.
(2) The impoundment
dam construction is designed to achieve necessary stability with an adequate
margin of safety compatible with that of structures constructed under PL 83-566
(16 USC 1006).
(3) The quality of
the impounded water will be suitable on a permanent basis for its intended use
and discharges from the impoundment will not degrade the quality of receiving
waters below the water quality standards established pursuant to applicable
federal and state law.
(4) The level of
water will be reasonably stable.
(5) Final grading
will comply with the provisions of the backfilling and grading requirements of
405 KAR 3:100 and will provide adequate safety and access for proposed water
impoundments will not result in the diminution of the quality or quantity of
water used by adjacent or surrounding landowners for agricultural, industrial,
recreational, or domestic uses.
Section 2. Permanent
impoundments (except those classified Class (A) pursuant to 405 KAR 3:020,
Section 5(2)(d)) shall be approved by the cabinet, designed, constructed and
maintained in accordance with the provisions of KRS 151.250 and administrative
regulations adopted pursuant thereto. (4 Ky.R. 423; eff. 5-3-78; Am. 528; 5
Ky.R. 233; eff. 8-23-78; TAm eff. 8-9-2007.)