RELATES TO:
KRS
350.010,
350.151,
350.465,
Chapter 353
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
the cabinet to promulgate administrative regulations that establish
environmental protection performance standards for all surface coal mining and
reclamation operations. This administrative regulation establishes certain
performance standards for in situ processing activities.
Section 1. Performance Standards.
(1) The permittee who conducts in situ
processing activities shall comply with 405 KAR Chapter 18 and this
section.
(2) In situ processing
activities shall be planned and conducted to minimize disturbance to the
prevailing
hydrologic balance by:
(a) Avoiding
discharge of fluids into holes or wells, other than as approved by the cabinet
through a permitting action;
(b)
Injecting process recovery fluids only into geologic zones or intervals
approved as production zones by the cabinet in accordance with KRS Chapter 353
and 805 KAR Chapter 1;
(c) Avoiding
annular injection between the wall of the drill hole and the casing;
and
(d) Preventing discharge of
process fluid into surface waters.
(3) Each
permittee who conducts in situ
processing activities shall submit for approval as part of the
application for
permit pursuant to
405 KAR
8:050, and follow after approval, a plan that ensures
that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids
constituting a fire, health, safety, or environmental hazard and caused by the
mining and recovery process shall be promptly treated, confined, or disposed
of, in a manner that shall prevent contamination of ground and surface waters,
damage to fish, wildlife and related environmental values, and threats to the
public health and safety.
(4) Each
permittee who conducts in situ processing activities shall prevent flow of the
process recovery fluid:
(a) Horizontally
beyond the affected area identified in the permit; and
(b) Vertically into overlying or underlying
aquifers.
(5) Each
permittee who conducts in situ processing activities shall restore the quality
of affected groundwater in the permit area and adjacent area, including
groundwater above and below the production zone, to the approximate premining
levels or better, to ensure that the potential for use of the groundwater shall
not be diminished.
Section
2. Monitoring.
(1) Each
permittee who conducts in situ processing activities shall monitor the quality
and quantity of surface and
groundwater and the subsurface flow and storage
characteristics, in a manner approved by the cabinet under
405 KAR
18:110, to measure changes in the quantity and quality
of water in surface and
groundwater systems in the
permit area,
shadow area,
and in adjacent areas.
(2) Air and
water quality monitoring shall be conducted in accordance with monitoring
programs approved by the cabinet as necessary according to appropriate federal
and state air and water quality standards.
