reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 10 - Bond and Insurance Requirements › Section 405 KAR 10:050 - Bond forfeiture

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.060,
				350.064,
				350.093,
				350.095,
				350.130,
				350.131,
				350.151,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				800.50,
				917,
				30 U.S.C. 1253,
				1255
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to regulate surface coal mining and reclamation operations in a
				manner as to ensure that satisfactory reclamation is accomplished. This
				administrative regulation establishes the procedures and criteria by means of
				which a bond may be forfeited to the cabinet. This administrative regulation
				establishes that certain violations of KRS Chapter 350 and administrative
				regulations promulgated pursuant to that chapter may cause a bond to be
				forfeited. This administrative regulation establishes that a hearing may be
				requested before forfeiture can be effected. This administrative regulation
				establishes the method to determine the amount of bond forfeiture. This
				administrative regulation establishes criteria under which unused forfeited
				bond funds shall be returned to the person from whom they were
				collected.
Section 1. General.
(1) The cabinet shall forfeit all of the
			 remaining bond amount for any permit or increment pursuant to the procedures
			 and criteria of this administrative regulation.
(2) The cabinet may withhold forfeiture if
			 the permittee or the surety agrees to a compliance schedule to correct the
			 violations of the permit or bond conditions.
(3) The cabinet shall withhold forfeiture and
			 allow the surety or other financial institution providing bond to complete the
			 reclamation plan if the surety or other financial institution can demonstrate
			 the ability to complete the reclamation plan, including achievement of the
			 capability to support the postmining land use approved by the cabinet, and will
			 undertake to do so within a reasonable time frame and agrees to a compliance
			 schedule. Neither the surety company nor other financial institution shall
			 employ anyone to perform the measures who has been barred from mining pursuant
			 to the provisions of KRS Chapter 350.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 10 - Bond and Insurance Requirements › Section 405 KAR 10:070 - Kentucky reclamation guaranty fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.060,
				350.062,
				350.064,
				350.093,
				350.095,
				350.100,
				350.110,
				350.151,
				350.465,
				350.500
				- 350.521
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 authorizes
				the cabinet to promulgate administrative regulations to ensure bonds are
				adequate to perform reclamation in the event of forfeiture. This administrative
				regulation establishes information related to the operation of the Kentucky
				Reclamation Guaranty Fund, classification of permits, reporting and payment of
				fees, and penalties.
Section 1.
			 Classification of Mine Permit Types.
(1) The
			 commission shall review and assign classification of mine types pursuant to
			 KRS
			 350.509(1)(e) for the
			 purposes of assessing the fees in accordance with
			 KRS
			 350.518. Permits shall be assigned to one (1)
			 of the following classifications:
(a) Surface
			 coal mining operations containing activities defined in
			 405 KAR
			 8:001, Section 1(125), for which coal removal is
			 ongoing on a regular or intermittent basis in accordance with an approved
			 permit;
(b) Underground coal mining
			 operations containing activities defined in
			 405 KAR
			 8:001, Section 1(136), for which coal removal is
			 ongoing on a regular or intermittent basis in accordance with an approved
			 permit;
(c) Combined surface and
			 underground mining operations containing activities defined in both
			 405 KAR
			 8:001, Section 1(126) and 1(136), for which coal
			 removal is ongoing on a regular or intermittent basis in accordance with an
			 approved permit;
(d) Non-production
			 permits include operations approved for mining support, maintenance and other
			 facilities, or operations or activities pursuant to
			 KRS
			 350.010(1), but do not
			 include permitted coal removal operations, as established in paragraphs (a),
			 (b), and (c) of this subsection; or
(e) Dormant permits, including expired
			 permits, which shall include:
1. Permits for
			 which all coal removal operations are complete, but an initial release of
			 performance bond has not been granted, pursuant to
			 405
			 KAR 10:040, Section 2;
2. Permits in temporary cessation, pursuant
			 to
			 405 KAR
			 16:010, Section 7, and
			 405 KAR
			 18:010, Section 5;
3. Permits for which a deferment has been
			 granted, pursuant to
			 405 KAR
			 16:020, Section 5(1); and
4. Permits in paragraphs (a), (b), and (c) of
			 this subsection that report no production in a quarter.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 10 - Bond and Insurance Requirements › Section 405 KAR 10:080 - Full-cost bonding

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.060,
				350.062,
				350.064,
				350.093,
				350.095,
				350.100,
				350.110,
				350.151,
				350.465,
				350.515(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 authorizes
				the cabinet to promulgate administrative regulations to ensure bonds are
				adequate to perform reclamation in the event of forfeiture.
				KRS
				350.515(5) authorizes
				members to provide full-cost bonds in lieu of maintaining membership in the
				fund. This administrative regulation establishes information for members that
				elect to provide full-cost bonds rather than remain in the Kentucky Reclamation
				Guaranty Fund.
Section 1.
			 Applicability. This administrative regulation applies to permittees electing to
			 provide full-cost bonds to the cabinet in lieu of participation in the Kentucky
			 Reclamation Guaranty Fund.
Section
			 2. Decision to Opt-out.
(1)
			 Pursuant to
			 KRS
			 350.515(5), a member may
			 elect to opt-out of the Kentucky Reclamation Guaranty Fund and provide a full
			 cost bond.
(2) A member joining the
			 KRGF after July 1, 2013, shall declare the decision to opt-out on the Technical
			 Information for a Mining Permit, Form MPA-03, incorporated by reference in
			 405 KAR
			 8:010, Section 26. This subsection shall not apply to
			 those permits issued pursuant to
			 405 KAR
			 8:010, Section 22.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 10 - Bond and Insurance Requirements › Section 405 KAR 10:090 - Production fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.060,
				350.062,
				350.064,
				350.093,
				350.095,
				350.100,
				350.110,
				350.151,
				350.465,
				350.515,
				350.518
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 authorizes
				the cabinet to promulgate administrative regulations to ensure bonds are
				adequate to perform reclamation in the event of forfeiture.
				KRS
				350.503 authorizes the Kentucky Reclamation
				Guaranty Fund, which will receive production fees established in
				KRS
				350.518(2)(a) and (b). This
				administrative regulation establishes information on production fees
				established in
				KRS
				350.518(2)(a) and (b), and
				the schedule payments to be remitted.
Section
			 1.
(1) Each member with surface
			 or underground coal mining operations shall remit to the ORGF a fee based on
			 the tons of coal mined and sold from each permit. This production fee shall be
			 paid by the 30th day of the month immediately following the end of the
			 quarter.
(2) Production fees shall
			 be assessed as established in paragraphs (a) through (c) of this subsection.
(a) Surface coal mining operations shall pay
			 seven and fifty-seven hundredths cents per ton of coal.
(b) Underground coal mining operations shall
			 pay three and fifty-seven hundredths (3.57) cents per ton of coal.
(c) Permits consisting of surface and
			 underground coal mining operations shall be assessed the tonnage fees in
			 accordance with the predominant method of coal extraction during the quarterly
			 reporting period.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 12 - Inspection and Enforcement › Section 405 KAR 12:010 - General provisions for inspection and enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.050,
				350.085,
				350.113,
				350.130,
				350.151,
				350.465,
				350.990, 30 C.F.R.
				Parts 730-733, 735,
				840.11
				-.16, 917,
				30 U.S.C. 1253,
				1255,
				1267
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to rigidly enforce administrative
				regulations promulgated to control the injurious effects of surface coal mining
				and reclamation operations. This administrative regulation generally sets forth
				a rigid enforcement and inspection policy for the cabinet. This administrative
				regulation directs that inspections be made at irregular intervals and without
				need of a warrant or prior notice to the permittee, operator, or person. This
				administrative regulation requires certain frequencies for inspections and
				complete preservation of the evidence, records and observations made during
				inspections. This administrative regulation also sets forth the general policy
				of public participation in the enforcement process and references the civil and
				criminal penalties of KRS Chapter 350.
Section
			 1. Applicability. The provisions of this chapter shall apply to
			 all surface coal mining and reclamation operations and coal exploration and
			 reclamation operations.
Section 2.
			 Inspection and Enforcement. In accordance with the provisions of this chapter,
			 the cabinet shall conduct or cause to be conducted inspections, studies,
			 investigations, or other determinations as it deems reasonable and necessary to
			 obtain information and evidence with which to ensure that surface coal mining
			 and reclamation operations and coal exploration and reclamation operations are
			 conducted in accordance with the provisions of KRS Chapter 350; 405 KAR
			 Chapters 7 through 24; and all terms and conditions of the applicable permit or
			 approval.
Section 3. Timing and
			 Conduct of Inspections.
(1) Right of entry and
			 access. Authorized representatives of the cabinet shall:
(a) Have unrestricted right of entry and
			 access to areas affected by coal exploration and reclamation operations and
			 areas affected by surface coal mining and reclamation operations for any
			 purpose associated with their proper duties pursuant to KRS Chapter 350 or 405
			 KAR including but not limited to activities associated with the conducting of
			 inspections; and
(b) At reasonable
			 times and without delay, have unrestricted access to and authority to copy any
			 records required to be kept under KRS Chapter 350 and 405 KAR and have
			 unrestricted access to, for the purpose of inspecting, any monitoring equipment
			 required under or pursuant to KRS Chapter 350 or 405 KAR.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 12 - Inspection and Enforcement › Section 405 KAR 12:020 - Enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.050,
				350.085,
				350.113,
				350.130,
				350.151,
				350.465,
				350.990, 30 C.F.R.
				Parts 730-733, 735,
				840.13
				-.14, 840.16, 843,
				30 U.S.C. 1253,
				1255,
				1271
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 authorizes
				the cabinet to promulgate administrative regulations to control the injurious
				effects of surface coal mining and reclamation operations. This administrative
				regulation establishes the conditions for issuance and general form of various
				kinds of notices and orders to be issued by the cabinet, procedures for an
				informal hearing, and suspension and revocation requirements.
Section 1. General.
(1) The secretary of the cabinet may
			 designate authorized representatives to perform duties pursuant to the
			 administrative regulations contained in 405 KAR Chapters 7 through
			 24.
(2) Subject to 405 KAR Chapters
			 7 through 24 or unless the secretary has made a written order contrary to the
			 terms of this subsection, personnel authorized by the commissioner of the
			 department shall be authorized representatives of the cabinet for the purposes
			 of Sections 2, 3, and 4 of this administrative regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 12 - Inspection and Enforcement › Section 405 KAR 12:030 - Public participation in inspection and enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.050,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part directs the cabinet to rigidly enforce the law and
				administrative regulations promulgated to control the injurious effects of
				surface coal mining and reclamation operations. KRS Chapter 350 in pertinent
				part directs the cabinet to develop administrative regulations to allow persons
				who have an interest which is or may be adversely affected to participate at
				every significant part of the administrative process. This administrative
				regulation sets forth the requirements for public participation in the
				inspection process. This administrative regulation sets forth procedures for
				citizen requests for inspection and review by the cabinet of inspection and
				enforcement decisions.
Section 1.
			 Citizen Requests for Inspection.
(1) Any
			 citizen may request that the cabinet conduct an inspection by furnishing to an
			 authorized representative of the secretary, a signed, written statement, or an
			 oral report followed by a signed written statement, giving the authorized
			 representative reason to believe that a violation, condition, or practice in
			 violation of KRS Chapter 350, administrative regulations promulgated pursuant
			 thereto, or permit conditions exists, and setting forth a telephone number and
			 address at which the person can be contacted.
(2) The identity of any person supplying
			 information to the cabinet relating to a possible violation or imminent danger
			 or harm shall remain confidential with the cabinet if requested by that person,
			 unless disclosure is required by law.
(3) Within ten (10) days of the inspection,
			 or if there is no inspection, within fifteen (15) days of receipt of the
			 person's written statement, the cabinet shall send to the person the following:
(a) If no inspection was conducted, an
			 explanation of the reasons why no inspection was conducted;
(b) If an inspection was conducted, a
			 description of the enforcement action taken, if any, which may consist of
			 copies of the inspection report and all notices and orders issued as a result
			 of the inspection or an explanation of why no enforcement action was taken;
			 and
(c) An explanation of the
			 person's right, if any, to administrative review by an authorized
			 representative of the cabinet, of the cabinet's determinations and actions
			 pursuant to inspection and enforcement.
(4) The cabinet shall give copies of all
			 materials in subsection (3) of this section within the time limits specified in
			 that subsection to the person alleged to be in violation. The name of the
			 person requesting the inspection shall be removed unless disclosure of that
			 person's identity is permitted under subsection (2) of this section.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:010 - General provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.090,
				350.093,
				350.151,
				350.405,
				350.410,
				350.440,
				350.445,
				350.450,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				816.59,
				816.79,
				816.99,
				816.131-816.132,
				917,
				30 U.S.C. 1253,
				1255
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 contains general
				performance standards for maximizing coal recovery, protection of underground
				mining, prevention and correction of landslides, temporary cessation of
				operations, permanent abandonment of operations, and protection of unmined
				barriers of coal left by underground mining.
Section
			 1. Applicability. The provisions of this chapter are applicable to
			 all surface mining activities conducted under 405 KAR Chapters 7 through 24.
			 The provisions of this chapter also apply to those special categories of
			 surface mining activities for which performance standards are set forth under
			 405 KAR 20:030
			 through
			 405 KAR 20:080
			 except to the extent that a provision of those administrative regulations
			 specifically exempts a particular category from a particular requirement of
			 this chapter.
Section 2. Coal
			 Recovery. Surface mining activities shall be conducted so as to maximize the
			 utilization and conservation of the coal, while utilizing the best appropriate
			 technology currently available to maintain environmental integrity, so that
			 reaffecting the land in the future through surface coal mining operations is
			 minimized.
Section 3. Protection of
			 Underground Mining. No surface mining activity shall be conducted within 500
			 feet of any point of either an active or abandoned underground mine, unless:
(1) If any of the workings of the underground
			 mine are active, the nature, timing, and sequence of the surface mining
			 activity are jointly approved by the cabinet, the MSHA, and the Kentucky Office
			 of Mine Safety and Licensing; and
(2) For both active and abandoned underground
			 mines, the surface mining activity results in improved resource recovery,
			 abatement of water pollution, or elimination of hazards to the health and
			 safety of the public.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:030 - Signs and markers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.200,
				350.430,
				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
				location and informational requirements for signs and markers at mine access
				points, perimeters, stream buffer zones, blasting areas, and top-soil storage
				areas.
Section 1. Specifications. Signs
			 and markers required under this chapter shall:
(1) Be posted and maintained by the
			 permittee;
(2) Be of a uniform
			 design throughout the operation that can be easily seen and read;
(3) Be made of durable material;
			 and
(4) Conform to local ordinances
			 and codes.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:050 - Topsoil

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.062,
				350.405,
				350.415,
				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 removal, storage and redistribution of topsoil and
				requirements for substitution of other materials for topsoil.
Section 1. General Requirements.
(1) All topsoil, topsoil substitutes and
			 supplements, and subsoils to be saved under Section 2 of this administrative
			 regulation shall be removed as separate layers from the area to be disturbed
			 and shall be segregated from other materials.
(2) After removal, such materials shall
			 either be immediately redistributed in accordance with Section 4 of this
			 administrative regulation or stockpiled pending redistribution in accordance
			 with Section 3 of this administrative regulation.
(3) For surface areas which are without
			 suitable topsoil as a result of previous surface coal mining operations, the
			 cabinet shall approve and/or specify, on a site-specific basis, alternative
			 practices designed to utilize those available materials which are most suitable
			 for sustaining sufficient vegetation. Such materials shall be tested for their
			 chemical and physical properties as set forth in Section 2(5) of this
			 administrative regulation. The cabinet may require the application of nutrients
			 and soil amendments as necessary for sustaining sufficient
			 vegetation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:090 - Sedimentation ponds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.100,
				151.250(3),
				350.020,
				350.100,
				350.420,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				816.46,
				917,
				30 U.S.C. 1253,
				1255,
				1265
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1),
				(5),
				350.151(1),
				and
				350.465(2)
				authorize the cabinet to promulgate administrative regulations relating to
				surface and underground coal mining operations. This administrative regulation
				establishes the requirements for the location, design, construction,
				certification, maintenance, removal, and retention of sedimentation ponds for
				surface mines.
Section 1. General
			 Requirements. Sedimentation ponds shall be used individually or in series and
			 shall:
(1) Comply with Sections 1 through 6 of
			 this administrative regulation and
			 405 KAR
			 16:100;
(2)
(a) In
			 accordance with
			 405 KAR
			 16:100, Section 1(2), be designed and certified by a
			 qualified registered professional engineer as meeting the requirements of
			 Sections 1 through 6 of this administrative regulation and
			 405 KAR
			 16:100;
(b) In accordance with
			 405 KAR
			 16:100, Section 1(9), be inspected during construction
			 by or under the direct supervision of the responsible registered professional
			 engineer, and after construction be certified by the responsible registered
			 professional engineer as having been constructed in accordance with the
			 approved design plans;
(3) Be constructed and certified under
			 subsection (2) of this section before any disturbance in the watershed that
			 drains into the sedimentation pond; and
(4) Be located as near as possible to the
			 disturbed area and out of perennial streams, unless approved by the cabinet,
			 pursuant to the cabinet's authority in
			 KRS
			 350.050.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:100 - Permanent and temporary impoundments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.100,
				151.250(3),
				350.100,
				350.420,
				350.455,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				816.49,
				917,
				30 U.S.C. 1253,
				1255,
				1265
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(2),
				(5),
				350.151(1),
				and
				350.465(2)
				authorize the cabinet to promulgate administrative regulations relating to
				surface and underground coal mining operations. This administrative regulation
				establishes the requirements for the design, construction, certification,
				inspection, and maintenance of temporary and permanent impoundments for surface
				mines. This administrative regulation differs from federal regulations as
				follows:
(1) Section 1 of this
			 administrative regulation provides criteria related to the stability,
			 settlement, embankment height and width, and freeboard of impoundments which is
			 not found in the federal regulations. These criteria have been retained because
			 they have long been effective guidelines for embankment safety and
			 stability.
(2) Section 1(9)(c) of
			 this administrative regulation provides an exemption from engineering
			 inspection for certain types of impoundments without embankments. These
			 inspections are unnecessary because the embankments do not present a safety
			 hazard or environmental concern that would warrant routine, detailed
			 inspection.
(3) Section 1(10)(b) of
			 this administrative regulation provides an exemption from quarterly inspections
			 for certain small nonhazardous impoundments without embankment structures.
			 These inspections are unnecessary because the structures cannot develop the
			 hazardous conditions which the inspections were intended to detect.
Section 1. General Requirements. The
			 requirements of this section apply to both temporary and permanent
			 impoundments.
(1)
(a) Impoundments meeting the criteria of
			 MSHA,
			 30
			 C.F.R. 77.216(a), shall
			 comply with the requirements of
			 30
			 C.F.R. 77.216 and this administrative
			 regulation. The plan required to be submitted to the district manager of MSHA
			 under
			 30
			 C.F.R. 77.216 shall be submitted to the
			 cabinet as part of the permit application in accordance with
			 405 KAR
			 8:030, Section 34(3).
(b) All impoundments classified as Class
			 B-moderate hazard or Class C-high hazard, and all permanent "dams," as defined
			 by
			 KRS
			 151.100, shall comply with
			 405 KAR
			 7:040, Section 5 and with
			 401 KAR
			 4:030.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:110 - Surface and groundwater monitoring

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.100,
				350.405,
				350.420,
				350.465,
				40 C.F.R. Parts 122, 124, 434
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate 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 establishes requirements for the monitoring and
				reporting of surface water quality and quantity, and groundwater levels and
				quality and aquifer conditions, and the required duration of monitoring.
Section 1. General Requirements.
(1) Surface and groundwater monitoring shall
			 be conducted in a manner acceptable to the cabinet and utilize, at a minimum, a
			 sufficient number of appropriately located groundwater monitoring wells (or
			 springs), surface water monitoring stations, and quantity and quality
			 parameters to demonstrate that:
(a) The mining
			 and reclamation operations shall minimize disturbances to the hydrologic
			 balance within the permit area, shadow area, and adjacent area pursuant to
			 405 KAR
			 16:060;
(b) The mining operation is meeting
			 applicable effluent limitations and stream standards as required by
			 405 KAR
			 16:060, Section 1(3);
(c) Reclamation as required by 405 KAR is
			 being accomplished and the operation is preventing material damage to the
			 hydrologic balance in the cumulative impact area pursuant to
			 405 KAR
			 8:010, Section 14(2) and (3);
(d) The mining operation, pursuant to
			 405 KAR
			 16:060, Section 8, has not proximately resulted in the
			 contamination, diminution, or interruption of a ground or surface water supply
			 that is used for domestic, agricultural, industrial, or other beneficial
			 purpose; and
(e) The mining
			 operation shall comply with water quality criteria for bond release pursuant to
			 405
			 KAR 10:040.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:130 - Disposal of excess spoil

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.090,
				350.410,
				350.440,
				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
				specific requirements for the location of areas used for the disposal of excess
				spoil materials and the design, construction, and inspection of fill structures
				composed of such materials.
Section 1.
			 General Requirements.
(1) General. Excess
			 spoil shall be placed in designated disposal areas, within a permit area, in a
			 controlled manner to:
(a) Minimize the adverse
			 effects of leachate and surface water run-off from the fill on surface and
			 ground water;
(b) Ensure mass
			 stability and prevent mass movement during and after construction;
			 and
(c) Ensure that the final fill
			 is suitable for reclamation and revegetation compatible with the natural
			 surroundings and the approved postmining land use.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:140 - Disposal of coal mine waste

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.410,
				350.420,
				350.465,
				EO 2009-538
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028 and
				350.465
				require the cabinet to promulgate 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. EO 2009-538, effective June 12, 2009 establishes the new Energy and
				Environment Cabinet. This administrative regulation establishes requirements
				for the disposal of coal mine waste, including design and construction
				requirements for coal mine waste banks, site inspection requirements, water
				control measures, provisions for extinguishing burning coal waste and
				utilization of burned coal waste, and the return of coal mine waste to
				underground mine workings.
Section 1.
			 General Requirements.
(1) All coal mine waste
			 shall be hauled and conveyed in a controlled manner approved by the cabinet in
			 disposal areas approved by the cabinet for this purpose. These areas shall be
			 within a permit area. The disposal area shall be designed, constructed, and
			 maintained:
(a) In accordance with
			 405 KAR
			 16:130, Sections 1 and 2, and this administrative
			 regulation; and
(b) To prevent
			 combustion.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:150 - Disposal of noncoal mine waste

Current through Register Vol. 51, No. 1, July 1, 2024
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.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:160 - Coal mine waste dams and impoundments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.100,
				151.250(3),
				350.425,
				30 C.F.R. Parts 730-733, 735,
				816.84,
				917,
				30 U.S.C. 1253,
				1255,
				1265
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(2),
				(5),
				350.151(1),
				and
				350.465(2)
				authorize the cabinet to promulgate administrative regulations relating to
				surface and underground coal mining operations. This administrative regulation
				establishes requirements for coal mine waste dams and impoundments for surface
				mines. This administrative regulation differs from
				30
				CFR 816.84. Section 3(1)(b) of this
				administrative regulation includes detailed requirements for principal
				spillways in impoundments that do not have an open channel emergency spillway.
				Section 3(1)(c) of this administrative regulation requires a minimum freeboard
				of three (3) feet that is not included in the federal regulation. This is
				necessary to ensure the safety of an impounding structure that may be
				susceptible to erosion if overtopping occurs.
Section 1. General Requirements.
(1) This administrative regulation applies to
			 dams and impoundments, constructed of coal mine waste or intended to impound
			 coal mine waste, that were completed or are to be completed after August 3,
			 1977.
(2) Coal mine waste shall not
			 be used in the construction of dams and impoundments unless it has been
			 demonstrated to the cabinet that the stability of the structure conforms with
			 the requirements of Section 3(1) of this administrative regulation. It shall
			 also be demonstrated that the use of coal mine waste will not have a
			 detrimental effect on downstream water quality or the environment due to acid
			 seepage through the dam or impoundment. All demonstrations shall be submitted
			 to and approved by the cabinet.
(3)
			 An impounding structure constructed of coal mine waste or intended to impound
			 coal mine waste shall not be retained permanently as part of the approved
			 postmining land use.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:170 - Stabilization of surface areas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.033,
				350.020,
				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 the protection of people,
				property, land, water, natural resources, and aesthetic values during surface
				mining activities and for the restoration and reclamation of surface areas
				affected by mining activities. This administrative regulation sets forth
				requirements for the stabilization of surface areas with specific measures for
				the control of fugitive dust.
Section
			 1. Stabilization of Surface Areas. All exposed surface areas shall
			 be protected and stabilized to effectively control and limit erosion and air
			 pollution attendant to erosion (fugitive dust).
Section 2. Control Measures. The fugitive
			 dust control measures to be used shall include, as necessary, but not be
			 limited to:
(1) Periodic watering of unpaved
			 roads;
(2) Chemical stabilization
			 of unpaved roads with proper application of nontoxic soil cement or dust
			 palliatives;
(3) Paving of
			 roads;
(4) Prompt removal of coal,
			 rock, soil, and other dust-forming debris from roads and frequent scraping of
			 and compaction of unpaved roads to stabilize the road surfaces;
(5) Revegetating, mulching, or otherwise
			 stabilizing the surfaces of all areas adjoining roads that are sources of
			 fugitive dust;
(6) Restricting the
			 travel of vehicles on areas other than established roads;
(7) Minimizing the area of disturbed
			 land;
(8) Prompt revegetation or
			 other stabilization of disturbed lands; and
(9) Planting of special windbreak vegetation
			 at critical points in the permit area.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:180 - Protection of fish, wildlife, and related environmental values

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.405,
				350.435,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				816.57,
				816.97,
				917,
				16 U.S.C.
				668 et seq., 1531 et seq.,
				30 U.S.C. 1253,
				1255,
				1265,
				33 U.S.C.
				1344
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
				specific requirements and measures for the protection of fish, wildlife, and
				related environmental values, and for the enhancement of those resources where
				practicable.
Section 1. General.
(1) The permittee shall, to the extent
			 possible using the best technology currently available, minimize disturbances
			 and adverse impacts on fish, wildlife, and related environmental values, and
			 shall achieve enhancement of those resources where practicable.
(2) Each permittee shall:
(a) To the extent possible using the best
			 technology currently available:
1. Ensure that
			 electric powerlines and other transmission facilities used for, or incidental
			 to, surface mining activities on the permit area are designed and constructed
			 to minimize electrocution hazards to raptors, except where the cabinet
			 determines that these requirements are unnecessary;
2. Locate and operate haul and access roads
			 so as to avoid or minimize impacts on important fish and wildlife species or
			 other species protected by state or federal law;
3. Design fences, overland conveyors, and
			 other potential barriers to permit passage of large mammals, except where the
			 cabinet determines that the designs are unnecessary; and
4. Fence, cover, or use other appropriate
			 methods to exclude wildlife from ponds which contain hazardous concentrations
			 of toxic-forming materials.
(b) Avoid disturbances to, enhance where
			 practicable, restore, or replace, wetlands, and riparian vegetation along
			 rivers and streams and bordering ponds and lakes; and
(c) Avoid disturbances to, enhance where
			 practicable, or restore, habitats of unusually high value for fish and
			 wildlife.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:190 - Backfilling and grading

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.093,
				350.100,
				350.405,
				350.410,
				350.450,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				816.102
				-.106, 917,
				30 U.S.C. 1253,
				1255,
				1265
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 backfilling and grading, including requirements for highwall
				elimination, return to approximate original contour, timing of backfilling and
				grading, use of terraces, thick and thin overburden conditions, covering coal
				and acid and toxic materials, and regrading or stabilizing rills and
				gullies.
Section 1. Timing of
			 Backfilling and Grading. Backfilling and grading shall be conducted in
			 accordance with the requirements for contemporaneous reclamation as set forth
			 in
			 405 KAR
			 16:020.
Section
			 2. General Backfilling and Grading Requirements.
(1) Except as provided in subsection (9) of
			 this section, all disturbed areas shall be returned to their approximate
			 original contour. All spoil shall be transported, placed in a controlled
			 manner, backfilled, compacted (where advisable to ensure stability or to
			 prevent leaching of toxic materials), and graded to:
(a) Eliminate all highwalls (except as
			 otherwise provided in Section 7 of this administrative regulation), spoil
			 piles, and depressions (excluding depressions and impoundments approved
			 pursuant to subsection (5) or (6) of this section);
(b) Ensure a long-term static factor of
			 safety of at least one and three-tenths (1.3) for all portions of the reclaimed
			 land;
(c) Achieve a postmining
			 slope which does not exceed the angle of repose and which does prevent
			 slides;
(d) Minimize erosion and
			 adverse effects on surface and ground water both on and off the site;
			 and
(e) Support the approved
			 postmining land use.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:200 - Revegetation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.093,
				350.095,
				350.100,
				350.405,
				350.410,
				350.420,
				350.435,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				816.111-816.116,
				917,
				30 U.S.C. 1253,
				1255,
				1265
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 revegetation of areas affected by surface mining activities,
				including requirements for temporary and permanent vegetative cover, use of
				introduced species, timing of revegetation, mulching and other soil stabilizing
				practices, standards for measuring revegetation success, and reporting
				requirements.
Section 1. General
			 Requirements.
(1)
(a) Each permittee shall establish on all
			 affected land a diverse, effective, and permanent vegetative cover that meets
			 the requirements of this administrative regulation and the revegetation
			 provisions of
			 405
			 KAR 16:180, and that supports the approved postmining
			 land use.
(b) For prime farmland
			 areas, the requirements of
			 405 KAR 20:040
			 shall apply in lieu of the productivity standards of this administrative
			 regulation unless those areas are exempted by
			 405 KAR
			 8:050, Section 3, in which case the productivity
			 standards of this administrative regulation shall apply.