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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 byproducts 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.
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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 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;
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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
(c) 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 byproducts 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.
(21) 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 coal combustion byproducts 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.
(22) 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.
(23) 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.
(24) 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.
(25) 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.
(26) The performance bond required under this chapter shall cover the disposal of coal
combustion by-products on the permit area.
(27) 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.
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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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