RELATES TO:
KRS 350.020,
350.090,
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
surface mining activities and for restoration and reclamation of surface areas
affected by 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, lumber and other combustibles generated
during surface 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 ground
water, 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 ground water. 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 16:200.
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 located 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.
