Kentucky Administrative Regulations
Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES
Chapter 18 - Performance Standards for Underground Mining Activities
Section 405 KAR 18:070 - Water quality standards and effluent limitations
Universal Citation: 405 KY Admin Regs Service 18:070
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 350.020, 350.090, 350.100, 350.151, 350.405, 350.420, 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 identifies water quality standards and effluent limitations which must be met, identifies the waters to which they apply and the periods of time in which they apply, requires water treatment for sediment control, and provides certain exemptions.
Section 1. Water Quality Standards and Effluent Limitations.
(1)
(a) Any discharges to surface waters of water
from disturbed areas, underground workings, coal processing plants, and other
surface facilities, shall be treated by passing through sedimentation ponds or
other approved treatment facilities before leaving the permit area. The cabinet
may grant exemptions from the requirement for sedimentation ponds or treatment
facilities where the drainage is demonstrated by the permittee to meet the
requirements of paragraph (g) of this subsection, and:
1. The drainage is from underground workings;
or
2. The drainage is from surface
areas which are adequately stabilized by vegetation or other protection against
erosion so as to prevent the formation of rills and gullies; or
3. The disturbed surface drainage area is
small; or
4. The drainage is a
mixture of surface drainage meeting subparagraphs 2 or 3 of this paragraph and
drainage from underground workings, and each type of drainage is demonstrated
by the applicant to meet the requirements of paragraph (g) of this subsection
prior to being mixed.
(b) Sedimentation ponds and other treatment
facilities for surface drainage from disturbed areas shall be properly
maintained and shall not be removed until all disturbed areas in the drainage
area above the facility have been backfilled, graded and revegetated in
accordance with this chapter and:
1. The
vegetation has successfully survived two (2) years after the last augmented
seeding;
2. The vegetation meets
the ground cover standards of
405 KAR 16:200;
and
3. The permittee has
demonstrated to the satisfaction of the cabinet that retention of the pond or
other treatment facility is not necessary in order to meet the requirements of
paragraph (g) of this subsection.
(c) Sedimentation ponds and treatment
facilities for discharges from underground workings shall be maintained until
either the discharge continuously meets the requirements of paragraph (g) of
this subsection without treatment or until the discharge has permanently
ceased.
(d) For the purposes of
this administrative regulation only, disturbed area shall not include those
areas affected by surface operations in which only diversion ditches,
sedimentation ponds, or roads are installed in accordance with this chapter and
the upstream area is not otherwise disturbed by the permittee.
(e) Sedimentation ponds required by this
administrative regulation shall be constructed in accordance with
405 KAR
18:090 and 401 KAR 18:100, in appropriate locations
before beginning any underground mining activities in the affected drainage
area.
(f) Where sedimentation ponds
are located so as to receive drainage both from disturbed areas and from other
areas not disturbed by current surface coal mining and reclamation operations,
the mixed drainage shall meet the requirements of paragraph (g) of this
subsection when the mixed drainage leaves the permit area.
(g) Discharges of water from areas disturbed
by underground mining activities shall at all times be in compliance with all
applicable federal and state water quality standards and either:
1. If the operation does not have a KPDES
permit, the effluent limitations guidelines of coal mining promulgated by the
U.S. EPA in 40 CFR 434; or
2. The
effluent limitations established by the KPDES permit for the
operation.
(2) Adequate facilities shall be installed,
operated, and maintained to treat any water discharged from disturbed areas or
discharged from underground mine workings, when necessary to ensure that the
discharge complies with all federal and state laws and regulations and the
requirements of this administrative regulation. Except where a lower pH is
authorized by the KPDES permit for the operation, if the pH of water to be
discharged from the disturbed area or mine is less than six (6.0), a
neutralization process approved by the cabinet shall be installed, operated,
and maintained.
STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.100, 350.151, 350.420, 350.465
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