405 KAR 3:120. Acid and toxic materials and waste materials

Link to law: http://www.lrc.ky.gov/kar/405/003/120.htm
Published: 2015

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      405 KAR 3:120. Acid

and toxic materials and waste materials.





KRS 350.151


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



      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.)