405 KAR 20:070.
Off-site coal processing plants.
RELATES TO: KRS
350.010, 350.151, 350.465
AUTHORITY: KRS Chapter 13A, 350.028, 350.151, 350.465
FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the
cabinet to promulgate environmental protection performance standards for all
surface coal mining and reclamation operations. This administrative regulation
sets forth certain performance standards for off-site coal processing plants.
Applicability. This administrative regulation establishes performance standards
for coal processing plants that are not located within the permit area for a
specific mine. This administrative regulation shall not apply to coal
processing plants which are located at the site of ultimate coal use.
Performance Standards. Construction, operation, maintenance, modification,
reclamation, and removal activities at coal processing plants shall comply with
the provisions of 405 KAR Chapter 16 and 405 KAR 20:040, except as provided in
this section and Section 5 of this administrative regulation.
provisions of 405 KAR 16:060 related to stream buffer zones shall not apply
except that the findings required for approval of a stream buffer zone variance
shall apply to any proposal to divert an intermittent or perennial stream.
(2) 405 KAR
16:010, Section 2, coal recovery, shall not apply.
(3) 405 KAR
16:010, Section 4, slide and erosion barriers, and Section 5, slides, shall not
(4) 405 KAR
18:020 shall apply in lieu of 405 KAR 16:020.
(5) 405 KAR
16:040, casing and sealing of drilled holes, shall not apply.
(6) 405 KAR
16:120, use of explosives, shall not apply.
(7) 405 KAR
16:190, Section 5, thick overburden, shall not apply.
(8) 405 KAR
16:250, Section 2(2), minimize damage, destruction or disruption of utility
services, shall not apply.
(9) 405 KAR
20:060, steep slopes, shall not apply.
Nearby Underground Mining Activities. Adverse effects upon, or resulting from,
nearby underground mining activities shall be minimized by appropriate
measures, including but not limited to, compliance with 405 KAR 16:010, Section
Section 4. Water
Supply Replacement. Any permittee shall replace the water supply of an owner of
interest in real property who obtains all or part of his or her supply of water
for domestic, agricultural, industrial, or other legitimate use from an
underground or surface source, when the water supply has been adversely
impacted by contamination, diminution, or interruption proximately resulting
from the coal processing plant activities.
Previously Exempted Operations. Those coal processing plants in existence on
December 1, 1985 which had been previously exempted from the requirements of
405 KAR Chapters 7 through 24 by the provisions of KRS 350.060(22) and which
became subject to the provisions of this administrative regulation on December
1, 1985 shall comply with all provisions of Sections 1 through 4 of this
administrative regulation, except as provided in this section.
(1) 405 KAR
16:010, Section 3, shall not apply to areas disturbed prior to December 1,
(2) For surface
areas that are without suitable topsoil, 405 KAR 16:050, Section 1(3) shall
requirements of 405 KAR 16:070, Section 1(1)(a) shall not apply until final
action on the permit application by the cabinet and the sedimentation pond or
other treatment facility design has been approved by the cabinet or the
exemption provided by 405 KAR 16:070, Section 1(1)(c) has been granted. The cabinet,
as a condition of the permit, may approve a reasonable time to construct or
modify water treatment facilities.
(4) Any coal
processing plant in existence on May 3, 1978, may comply with the backfilling
and grading requirements of 405 KAR 16:190, Section 7.
(5) 405 KAR
20:040, prime farmland, shall not apply to any prime farmland disturbed prior
to December 1, 1985.
groundwater monitoring requirements of 405 KAR 16:110 shall not apply until
final action on the permit application by the cabinet and the groundwater
monitoring plan is approved. (8 Ky.R. 1592; eff. 1-6-83; Am. 12 Ky.R. 959;
1339; eff. 2-4-86.)