405 KAR 18:150.
Disposal of noncoal mine waste.
RELATES TO: KRS
350.020, 350.090, 350.151, 350.465
STATUTORY
AUTHORITY: KRS Chapter 13A, 350.028, 350.151, 350.465
NECESSITY,
FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet
to promulgate rules and administrative regulations establishing performance
standards for protection of people and property, land, water and other natural
resources, and aesthetic values, during underground mining activities and for
restoration and reclamation of surface areas affected by underground mining
activities. This administrative regulation sets forth requirements for the
storage and disposal of wastes other than coal mine waste, soil or rock.
Section 1.
Storage and Disposal. (1) Storage. Noncoal mine wastes including, but not
limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned
mining machinery, timber and other combustibles generated during underground
mining activities shall be placed and stored in a controlled manner in a
designated portion of the permit area. Placement and storage shall ensure that
leachate and surface run-off do not degrade surface or groundwater, that fires
are prevented, and that the area remains stable and suitable for reclamation
and revegetation compatible with the natural surroundings.
(2) Disposal.
Final disposal of such noncoal mine wastes shall be in a designated disposal
site in the permit area or a state-approved solid waste disposal area. Disposal
sites in the permit area shall be designed and constructed to ensure that
leachate and drainage from the site do not degrade surface or groundwater.
Wastes shall be routinely compacted and covered to prevent combustion and
wind-borne waste. When the disposal is completed, a minimum of two (2) feet of
soil cover shall be placed over the site, slopes stabilized, and revegetation
accomplished in accordance with 405 KAR 18:200. Operation of the disposal site
shall be conducted in accordance with all local, state, and federal requirements.
(3) At no time
shall any noncoal mine waste be deposited in a refuse pile or impounding
structure, nor shall any such excavation for waste disposal be placed within
eight (8) feet of any coal outcrop or coal storage area.
(4) Disposal of
hazardous and solid waste other than "coal mining solid waste" (as
defined by administrative regulations of the Division of Waste Management)
shall not be conducted on the permit area, unless a permit is obtained from the
Kentucky Division of Waste Management. (8 Ky.R. 1576; eff. 1-6-83; Am. 15 Ky.R.
496; eff. 12-13-88.)