405 KAR 3:190. Permanent impoundments

Link to law: http://www.lrc.ky.gov/kar/405/003/190.htm
Published: 2015

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      405 KAR 3:190.

Permanent impoundments.

 

      RELATES TO: KRS

350.151

      STATUTORY AUTHORITY:

KRS 350.151

      NECESSITY, FUNCTION,

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

users.

      (6) 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.)