405 KAR 20:070 - Off-site coal processing plants
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
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.
(1) Those provisions of
405 KAR
16:060 related to stream buffer zones shall not apply
except that the findings required for approval of a stream buffer zone variance
shall apply to any proposal to divert an intermittent or perennial
stream.
(3)
405 KAR
16:010, Section 4, slide and erosion barriers, and
Section 5, slides, shall not apply.
(5)
405 KAR
16:040, casing and sealing of drilled holes, shall not
apply.
(6)
405 KAR 16:120,
use of explosives, shall not apply.
(7)
405 KAR
16:190, Section 5, thick overburden, shall not
apply.
(8)
405 KAR 16:250,
Section 2(2), minimize damage, destruction or disruption of utility services,
shall not apply.
(9)
405 KAR 20:060,
steep slopes, shall not apply.
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.
(3) The
requirements of
405 KAR
16:070, Section 1(1)(a) shall not apply until final
action on the permit application by the cabinet and the sedimentation pond or
other treatment facility design has been approved by the cabinet or the
exemption provided by
405 KAR
16:070, Section 1(1)(c) has been granted. The cabinet,
as a condition of the permit , may approve a reasonable time to construct or
modify water treatment facilities.
(4) Any coal processing plant in existence on
May 3, 1978, may comply with the backfilling and grading requirements of
405 KAR
16:190, Section 7.
(5)
405 KAR 20:040,
prime farmland , shall not apply to any prime farmland disturbed prior to
December 1, 1985.
(6) The
groundwater monitoring requirements of
405 KAR
16:110 shall not apply until final action on the
permit application by the cabinet and the groundwater monitoring plan is
approved.
Notes
STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.151, 350.465
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