Kentucky Administrative Regulations
Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES
Chapter 20 - Special Performance Standards
Section 405 KAR 20:070 - Off-site coal processing plants
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 350.010, 350.151, 350.465
NECESSITY, 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.
Section 1. 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.
Section 2. 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.
Section 3. 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 3.
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.
Section 5. 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.
STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.151, 350.465