405 KAR 3:120. Acid
and toxic materials and waste materials.
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 the handling of acid and toxic materials and waste materials.
Section 1. General.
Drainage to ground and surface waters which emanates from acid-forming or
toxic-forming mine waste materials and spoils placed on the land surface shall
be avoided by:
(1) Identifying,
burying, and treating where necessary, spoil or other materials that, in the
judgment of the cabinet, will be toxic to vegetation or that will adversely
affect water quality if not treated or buried;
(2) Preventing or
removing water from contact with acid- or toxic-producing deposits;
(3) Burying or
otherwise treating all toxic or harmful materials within thirty (30) days if
such materials are subject to wind and water erosion, or within a lesser period
designated by the cabinet. If storage of such materials is approved, the
materials shall be placed on impermeable material and protected from erosion
and contact with surface water;
(4) Acid-forming or
toxic-forming material shall not be buried or stored in proximity to a drainage
course so as to cause or pose a threat of water pollution or otherwise violate
the provisions of this chapter;
(5) All acid-forming
or toxic-forming materials, combustible materials, coal preparation waste
materials, or other waste materials identified by the cabinet, that are
exposed, used, or produced during mining shall be covered with a minimum of
four (4) feet of nontoxic and noncombustible material. If necessary, such
materials shall be treated to neutralize toxicity in order to prevent water
pollution or sustained combustion and to minimize adverse effects on plant
growth and land uses. Where necessary to protect against upward migration of
salts or exposure by erosion, to provide an adequate depth for plant growth, or
to otherwise meet local conditions, the cabinet shall specify greater depths of
cover using nontoxic material.
(6) All methods of
material placement and compaction pursuant to this section shall be approved by
the cabinet.
(7) Waste materials
used as fill shall meet the provisions of this administrative regulation and
the provisions of 405 KAR 3:100, Section 6.
Section 2. Coal
Waste. (1) Coal waste ponds and other coal waste materials shall be maintained
according to the provisions of this administrative regulation, and the
provisions of 405 KAR 3:180 shall also apply.
(2) Waste materials
from coal preparation plants shall be buried or otherwise treated within ninety
(90) days after the cessation of the filling of the disposal area. Burial or
treatment shall be in accordance with the provisions of this administrative
regulation and the provisions of 405 KAR 3:100 with respect to backfilling and
grading.
Section 3. The
cabinet may require other actions necessary to assure that the provisions of
this administrative regulation are met. (4 Ky.R. 419; eff. 5-3-78; Am. 521; 5
Ky.R. 229; eff. 8-23-78; TAm eff. 8-9-2007.)