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350.270 Disposal of coal combustion by-products at surface coal mining
operations -- Permitting process -- Requirements for disposal -- Authority
for administrative regulations.
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The cabinet may issue a permit under this chapter authorizing the disposal of
coal combustion by-products at surface coal mining operations.
This section shall apply to the disposal of waste from burning clean oil or gas
with coal, if the oil or gas is used only for startup or flame stabilization. This
section shall not apply to disposal of coal combustion by-products for which a
special waste formal permit or a special waste registered permit-by-rule is
required under administrative regulations promulgated pursuant to KRS
Chapter 224. This section shall also not apply to disposal of coal combustion
by-products that have been mixed or otherwise co-managed with low volume
waste or with materials that exhibit hazardous waste characteristics. This
section shall also not apply to coal combustion by-products generated prior to
July 15, 1994, unless the applicant can demonstrate to the satisfaction of the
cabinet that these coal combustion by-products have not been mixed or
otherwise co-managed with low volume waste or with materials that exhibit
hazardous waste characteristics. This section shall also not apply to
underground injection of coal combustion by-products.
An application to modify an existing permit to initially include disposal of coal
combustion by-products shall be an application for a major revision or an
amendment under KRS 350.070.
An application under this section to modify an existing permit issued under this
chapter that includes coal combustion by-product disposal pursuant to a permit
issued under KRS Chapter 224, where the application proposes disposal of the
same coal combustion by-products in the same locations as approved in these
existing permits in a manner consistent with the disposal requirements of this
section, may be made by application for a minor revision.
An application to modify an existing permit to increase the amount of coal
combustion by-products to be received, to change the components of the coal
combustion by-products, or to change the generating facility, may be an
application for a minor revision. However, if the cabinet determines that the
scope and nature of the proposed change will have the effect of increasing the
concentrations of heavy metals, or is such that public notice is necessary to
allow participation in the cabinet's decision by persons who have an interest
which may be adversely affected by the proposed change, the change shall be
made by application for a major revision.
The permittee shall keep accurate records, which shall be made available to
the cabinet upon request, showing the source and amount of each shipment of
coal combustion by-products that is received.
Prior to disposal of the coal combustion by-products, any material that is not
the coal combustion by-products approved for disposal shall be removed from
the coal combustion by-products. A record shall be kept of the removed
material and its disposition, and this record shall be available at the minesite
for examination by the cabinet.
Coal combustion by-products shall be disposed of only in the pit or extraction
area from which coal has been removed by surface mining activities; except
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that coal combustion by-products may be disposed of in areas within the permit
area other than coal extraction areas if the applicant demonstrates to the
satisfaction of the cabinet, based upon site specific conditions and the
characteristics of the coal combustion by-products, that no adverse
environmental impacts will occur.
No component of the coal combustion by-products to be disposed of shall be
listed or meet the criteria of a hazardous waste in the cabinet's administrative
regulations promulgated pursuant to KRS Chapter 224 and the Resource
Conservation and Recovery Act of 1976 (Public Law 94-580), as amended.
The permittee shall prepare and maintain accurate maps, which shall be made
available to the cabinet upon request, showing each location where coal
combustion by-products have been disposed of under this section and the
volume of coal combustion by-products disposed of at that location. Phase I
bond release shall not be granted for an area containing coal combustion
by-products unless the permittee has submitted to the cabinet accurate maps
showing the locations and volumes of the coal combustion by-products
disposed of under this section.
If requested by the cabinet, or if required by the issued permit, the applicant or
permittee shall provide representative samples of the coal combustion
by-products to the cabinet in a manner satisfactory to the cabinet.
The permittee shall annually obtain and submit to the cabinet, a laboratory
analysis to characterize the coal combustion by-products in the manner
required under the cabinet's administrative regulations promulgated pursuant to
KRS Chapter 224 and the Resource Conservation and Recovery Act of 1976
(Public Law 94-580), as amended.
If the disposal of coal combustion by-products is proposed, any newspaper
advertisements required under KRS 350.055 shall also state that the applicant
proposes to dispose of coal combustion by-products in the permit area and
shall state the location, business name, and mailing address of the facility that
will generate the coal combustion by-products.
The application shall demonstrate that the applicant has the legal right to
dispose of coal combustion by-products on the proposed disposal areas. The
application shall include a copy of the conveyance that grants or reserves the
right to dispose of waste materials such as coal combustion by-products. If the
mineral estate has been severed from the surface estate, the application shall
include the written consent of the surface owner for the disposal of coal
combustion by-products or a copy of the conveyance that expressly grants or
reserves the right to dispose of coal combustion by-products.
The application shall state:
(a) The location, business name, mailing address, and telephone number of
the facility that will generate the coal combustion by-products, and the
name and title of the responsible official of the generating facility who may
be contacted regarding the coal combustion by-products;
(b) Each of the component materials, fly ash, bottom ash, scrubber sludge,
or fluidized bed combustion waste that the coal combustion by-products
will contain; and
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The approximate volume in cubic yards, and the approximate tonnage, of
coal combustion by-products that will be received from the generating
facility annually and for the term of the permit.
The application shall include the results of representative sampling and
laboratory analysis of each component of the coal combustion by-products for
contaminants listed in the cabinet's administrative regulations promulgated
pursuant to KRS Chapter 224 and the Resource Conservation and Recovery
Act of 1976 (Public Law 94-580), as amended, using analytical testing methods
performed in accordance with those administrative regulations. The analysis for
metals shall include aluminum, antimony, arsenic, barium, beryllium, cadmium,
chromium, cobalt, copper, lead, manganese, molybdenum, nickel, selenium,
mercury, silver, thallium, vanadium, and zinc. The analysis shall also include
the neutralization potential and potential acidity. The application shall
demonstrate that each component of the coal combustion by-products shall not
contain any contaminant at a concentration that equals or exceeds the
regulatory level set forth in the cabinet's administrative regulations promulgated
pursuant to KRS Chapter 224 and the Resource Conservation and Recovery
Act of 1976 (Public Law 94-580), as amended.
The application shall describe the proposed methods of coal combustion
by-product handling and disposal, including methods of record keeping.
The application shall include appropriate maps and drawings of all areas and
facilities to be used in the permit area for coal combustion by-product handling
and disposal.
Each application for disposal of coal combustion by-products shall contain a
determination of the probable hydrologic consequences of the disposal of coal
combustion by-products for the permit and adjacent area and shall include a
description of the measures to be taken to assure that the disposal will not
pose a threat to human health or the environment, to minimize disturbances to
the hydrologic balance within the permit area and adjacent area, and to prevent
material damage to the hydrologic balance outside the permit area. The
description shall be based on the baseline hydrologic, geologic, and other
information required under this chapter and shall identify the protective
measures to be taken to meet the requirements of this chapter or demonstrate
to the satisfaction of the cabinet that protective measures are not necessary for
the operation to meet the requirements, considering the characteristics and
volume of the coal combustion by-products and the hydrogeologic
characteristics of the site determined from the baseline hydrologic, geologic,
and other information required under this chapter. The application shall
describe the measures to be taken to prevent coal combustion by-products
from becoming airborne.
The application shall include baseline data to characterize the quality of ground
water and surface water in areas that may be affected by disposal of coal
combustion by-products.
Surface water and ground water baseline data collection and monitoring
stations shall be established, as appropriate, to satisfy the requirements of this
chapter. In determining the acceptable number and locations of monitoring
wells, the cabinet shall recognize the distinct differences between disposal of
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coal combustion by-products under this section and the disposal of coal
combustion by-products for which a special waste formal permit or a special
waste registered permit-by-rule is required under administrative regulations
promulgated pursuant to KRS Chapter 224.
The characterization of ground water shall include the parameters of total
dissolved solids, or specific conductance corrected to twenty-five (25) degrees
Celsius; pH; dissolved iron; dissolved manganese; acidity; alkalinity; sulfate;
arsenic; barium; cadmium; chromium; lead; mercury; selenium; and silver;
except the cabinet may require different parameters for an application based
upon the demonstrated characteristics of the coal combustion by-products.
The characterization of surface water shall include the parameters of total
dissolved solids, or specific conductance corrected to twenty-five (25) degrees
Celsius; total suspended solids; pH; total iron; total manganese; acidity;
alkalinity; sulfate; arsenic; barium; cadmium; chromium; lead; mercury;
selenium; and silver; except the cabinet may require different parameters for
an application based upon the demonstrated characteristics of the coal
combustion by-products.
The minimum number of sampling events for baseline characterization of
ground water and surface water for parameters beyond those normally
required for surface coal mining operations shall be in accordance with cabinet
administrative regulations promulgated pursuant to KRS Chapter 224
pertaining to special waste landfills used solely for the disposal of coal
combustion by-products.
The application shall include a plan for the monitoring and reporting, until final
bond release on the permit area, of the quality of ground water and surface
water in areas that may be affected by disposal of coal combustion by-products
and shall provide for monitoring capable of detecting if contaminants from the
coal combustion by-products are entering ground water and surface water.
The performance bond required under this chapter shall cover the disposal of
coal combustion by-products on the permit area.
A permittee, operator, or person disposing of coal combustion by-products
under this section shall comply with the following additional environmental
protection performance standards:
(a) The coal combustion by-products shall be handled and disposed by the
method approved in the permit.
(b) Disposal areas and facilities used for coal combustion by-products
handling and disposal shall be designed, located, operated, and
maintained to assure that the handling and disposal will not pose a threat
to human health or the environment, to minimize disturbances to the
hydrologic balance within the permit area and adjacent area, and to
prevent material damage to the hydrologic balance outside the permit
area, as required under this chapter.
(c) To the extent practicable, areas to receive coal combustion by-products
shall be selected to minimize water contact with the coal combustion
by-products.
(d) The coal combustion by-products shall be placed at least four (4) feet
above the seasonal high water table that is projected to be established
after completion of mining and reclamation, unless the applicant
demonstrates to the satisfaction of the cabinet, based upon site specific
conditions and the characteristics of the coal combustion by-products,
that no adverse environmental impacts will occur.
(e) The coal combustion by-products shall not be placed within four (4) feet
horizontally of a final highwall, exposed coal seam, or coal outcrop.
(f) The volume of coal combustion by-products disposed of on the permit
area shall not exceed the in-place volume of the marketable coal seams
to be removed from the permit area.
(g) Disposal of coal combustion by-products shall not result in a greater
amount of excess spoil than the amount that would result if disposal of
coal combustion by-products were not part of the permitted operation.
(h) The thickness of coal combustion by-products at any point in any disposal
area shall not exceed forty (40) feet.
(i) The cabinet may reduce the allowable maximum volume or thickness of
coal combustion by-products for a disposal area if the cabinet determines,
based upon site specific conditions and the characteristics of the coal
combustion by-products, that the reduction in volume or thickness is
necessary to assure protection of human health and the environment.
(j) After the coal combustion by-products are placed in the disposal area,
they shall be covered as contemporaneously as practicable with at least
four (4) feet of nonacid-forming spoil material.
(28) The permittee shall monitor and report the quality of surface and ground water
quarterly, except the monitoring of water quality parameters beyond those
normally required for surface coal mining operations shall be conducted
semiannually. The monitoring shall be conducted until final bond release on the
permit area; except after four (4) initial monitoring events for the parameters
beyond those normally required for surface coal mining operations, if analysis
of subsequent monitoring events indicates no exceedences above maximum
contaminant levels under cabinet administrative regulations promulgated
pursuant to KRS Chapter 224 and the Safe Drinking Water Act of 1974 (Public
Law 93-523), as amended, the permittee may, upon request, be granted
permission from the cabinet to reduce monitoring parameters required under
this chapter. The monitoring and reporting shall comply with the plan approved
pursuant to subsection (25) of this section.
(29) The monitoring and reporting of ground water quality shall include the
parameters used in the baseline characterization of ground water under
subsection (22) of this section, except the cabinet may require different
parameters for a permit based upon the demonstrated characteristics of the
coal combustion by-products.
(30) The monitoring and reporting of surface water quality shall include the
parameters used in the baseline characterization of surface water under
subsection (23) of this section, except the cabinet may require different
parameters for a permit based upon the demonstrated characteristics of the
coal combustion by-products.
(31) The cabinet shall, upon July 15, 1994, process applications submitted under
this section in the same manner as other permit applications submitted under
this chapter.
(32) The cabinet may promulgate administrative regulations under this section
pertaining to the disposal of coal combustion by-products.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 459, sec. 2, effective July 15, 1994.
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