KRS 350.270: Disposal of coal combustion by -products at surface coal mining operations

-- Permitting process -- Requirements for disposal -- Authority for

administrative regulations.

(1) The cabinet may issue a permit under this chapter authorizing the disposal of coal

combustion by-products at surface coal mining operations.

(2) 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 dispos al 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 se ction shall also

not apply to underground injection of coal combustion by-products.

(3) 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.

(4) 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.

(5) 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.

(6) The permittee shall keep accurate records, which shall be made available to the

cabinet upon request, showing the source and amount of each shipmen t of coal

combustion by-products that is received.

(7) 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 shal l be kept of the removed material and its

disposition, and this record shall be available at the minesite for examination by the

cabinet.

(8) Coal combustion by-products shall be disposed of only in the pit or extraction area

from which coal has been remov ed 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 conditio ns and the characteristics of the coal

combustion by-products, that no adverse environmental impacts will occur.

(9) 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.

(10) 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 containi ng 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.

(11) If requested by the cabinet, or if required by the issu ed 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.

(12) 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.

(13) If th e 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.

(14) The application shall demonstrate that the applicant has the legal right to dispose of

coal combustion by -products on the proposed disposal areas. The applic ation 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 cons ent 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.

(15) 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

(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.

(16) The application shall include the results of representative sampling and laboratory

analysis of each component of the coal comb ustion 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 performe d 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 e xceeds 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.

(17) The application shall describe the proposed methods of coal combustion by-product

handling and disposal, including methods of record keeping.

(18) 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.

(19) 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 c hapter 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 characterist ics 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.

(20) The applicatio n 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 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.

(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; lea d; 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 silve r; 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 w ater 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 comb ustion 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 coa l

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 combustio n 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 coa l 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 amou nt 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 al lowable 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 n ecessary 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 perm ission 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 sha ll 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.