Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
350.020,
350.090,
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.
STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.151,
350.465
