405 KAR 18:150. Disposal of noncoal mine waste

Link to law: http://www.lrc.ky.gov/kar/405/018/150.htm
Published: 2015

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      405 KAR 18:150.

Disposal of noncoal mine waste.



350.020, 350.090, 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 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.)