{"data":{"id":"us-ky/krs-350.270","jurisdiction":"us-ky","citation":"KRS 350.270","heading":"Disposal of coal combustion by -products at surface coal mining operations","body":"-- Permitting process -- Requirements for disposal -- Authority for\nadministrative regulations.\n(1) The cabinet may issue a permit under this chapter authorizing the disposal of  coal\ncombustion by-products at surface coal mining operations.\n(2) This section shall apply to the disposal of waste from burning clean oil or gas with\ncoal, if the oil or gas is used only for startup or flame stabilization. This section\nshall not apply to disposal of coal combustion by-products for which a special waste\nformal permit or a special waste registered permit -by-rule is required under\nadministrative regulations promulgated pursuant to KRS Chapter 224. This section\nshall also not apply to dispos al of coal combustion by -products that have been\nmixed or otherwise co -managed with low volume waste or with materials that\nexhibit hazardous waste characteristics. This section shall also not apply to coal\ncombustion by-products generated prior to July 15 , 1994, unless the applicant can\ndemonstrate to the satisfaction of the cabinet that these coal combustion by -\nproducts have not been mixed or otherwise co -managed with low volume waste or\nwith materials that exhibit hazardous waste characteristics. This se ction shall also\nnot apply to underground injection of coal combustion by-products.\n(3) An application to modify an existing permit to initially include disposal of coal\ncombustion by -products shall be an application for a major revision or an\namendment under KRS 350.070.\n(4) An application under this section to modify an existing permit issued under this\nchapter that includes coal combustion by -product disposal pursuant to a permit\nissued under KRS Chapter 224, where the application proposes disposal of the same\ncoal combustion by -products in the same locations as approved in these existing\npermits in a manner consistent with the disposal requirements of this section, may\nbe made by application for a minor revision.\n(5) An application to modify an existing permit to increase the amount of coal\ncombustion by -products to be received, to change the components of the coal\ncombustion by-products, or to change the generating facility, may be an application\nfor a minor revision. However, if the cabinet determines that the scope and nature of\nthe proposed change will have the effect of increasing the concentrations of heavy\nmetals, or is such that public notice is necessary to allow participation in the\ncabinet's decision by persons who have an interest which may be adversely affected\nby the proposed change, the change shall be made by application for a major\nrevision.\n(6) The permittee shall keep accurate records, which shall be made available to the\ncabinet upon request, showing the source and amount of each shipmen t of coal\ncombustion by-products that is received.\n(7) Prior to disposal of the coal combustion by -products, any material that is not the\ncoal combustion by-products approved for disposal shall be removed from the coal\ncombustion by -products. A record shal l be kept of the removed material and its\ndisposition, and this record shall be available at the minesite for examination by the\ncabinet.\n(8) Coal combustion by-products shall be disposed of only in the pit or extraction area\nfrom which coal has been remov ed by surface mining activities; except that coal\ncombustion by-products may be disposed of in areas within the permit area other\nthan coal extraction areas if the applicant demonstrates to the satisfaction of the\ncabinet, based upon site specific conditio ns and the characteristics of the coal\ncombustion by-products, that no adverse environmental impacts will occur.\n(9) No component of the coal combustion by -products to be disposed of shall be listed\nor meet the criteria of a hazardous waste in the cabinet' s administrative regulations\npromulgated pursuant to KRS Chapter 224 and the Resource Conservation and\nRecovery Act of 1976 (Public Law 94-580), as amended.\n(10) The permittee shall prepare and maintain accurate maps, which shall be made\navailable to the cabinet upon request, showing each location where coal combustion\nby-products have been disposed of under this section and the volume of coal\ncombustion by-products disposed of at that location. Phase I bond release shall not\nbe granted for an area containi ng coal combustion by-products unless the permittee\nhas submitted to the cabinet accurate maps showing the locations and volumes of\nthe coal combustion by-products disposed of under this section.\n(11) If requested by the cabinet, or if required by the issu ed permit, the applicant or\npermittee shall provide representative samples of the coal combustion by -products\nto the cabinet in a manner satisfactory to the cabinet.\n(12) The permittee shall annually obtain and submit to the cabinet, a laboratory analysis\nto characterize the coal combustion by -products in the manner required under the\ncabinet's administrative regulations promulgated pursuant to KRS Chapter 224 and\nthe Resource Conservation and Recovery Act of 1976 (Public Law 94 -580), as\namended.\n(13) If th e disposal of coal combustion by -products is proposed, any newspaper\nadvertisements required under KRS 350.055 shall also state that the applicant\nproposes to dispose of coal combustion by -products in the permit area and shall\nstate the location, business name, and mailing address of the facility that will\ngenerate the coal combustion by-products.\n(14) The application shall demonstrate that the applicant has the legal right to dispose of\ncoal combustion by -products on the proposed disposal areas. The applic ation shall\ninclude a copy of the conveyance that grants or reserves the right to dispose of\nwaste materials such as coal combustion by -products. If the mineral estate has been\nsevered from the surface estate, the application shall include the written cons ent of\nthe surface owner for the disposal of coal combustion by -products or a copy of the\nconveyance that expressly grants or reserves the right to dispose of coal combustion\nby-products.\n(15) The application shall state:\n(a) The location, business name, mailing address, and telephone number of the\nfacility that will generate the coal combustion by -products, and the name and\ntitle of the responsible official of the generating facility who may be contacted\nregarding the coal combustion by-products;\n(b) Each of the component materials, fly ash, bottom ash, scrubber sludge, or\nfluidized bed combustion waste that the coal combustion by -products will\ncontain; and\n(c) The approximate volume in cubic yards, and the approximate tonnage,  of coal\ncombustion by -products that will be received from the generating facility\nannually and for the term of the permit.\n(16) The application shall include the results of representative sampling and laboratory\nanalysis of each component of the coal comb ustion by-products for contaminants\nlisted in the cabinet's administrative regulations promulgated pursuant to KRS\nChapter 224 and the Resource Conservation and Recovery Act of 1976 (Public Law\n94-580), as amended, using analytical testing methods performe d in accordance\nwith those administrative regulations. The analysis for metals shall include\naluminum, antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt,\ncopper, lead, manganese, molybdenum, nickel, selenium, mercury, silver, thallium,\nvanadium, and zinc. The analysis shall also include the neutralization potential and\npotential acidity. The application shall demonstrate that each component of the coal\ncombustion by-products shall not contain any contaminant at a concentration that\nequals or e xceeds the regulatory level set forth in the cabinet's administrative\nregulations promulgated pursuant to KRS Chapter 224 and the Resource\nConservation and Recovery Act of 1976 (Public Law 94-580), as amended.\n(17) The application shall describe the proposed methods of coal combustion by-product\nhandling and disposal, including methods of record keeping.\n(18) The application shall include appropriate maps and drawings of all areas and\nfacilities to be used in the permit area for coal combustion by -product handling and\ndisposal.\n(19) Each application for disposal of coal combustion by -products shall contain a\ndetermination of the probable hydrologic consequences of the disposal of coal\ncombustion by -products for the permit and adjacent area and shall include a\ndescription of the measures to be taken to assure that the disposal will not pose a\nthreat to human health or the environment, to minimize disturbances to the\nhydrologic balance within the permit area and adjacent area, and to prevent material\ndamage to the hydrologic balance outside the permit area. The description shall be\nbased on the baseline hydrologic, geologic, and other information required under\nthis chapter and shall identify the protective measures to be taken to meet the\nrequirements of this c hapter or demonstrate to the satisfaction of the cabinet that\nprotective measures are not necessary for the operation to meet the requirements,\nconsidering the characteristics and volume of the coal combustion by -products and\nthe hydrogeologic characterist ics of the site determined from the baseline\nhydrologic, geologic, and other information required under this chapter. The\napplication shall describe the measures to be taken to prevent coal combustion by -\nproducts from becoming airborne.\n(20) The applicatio n shall include baseline data to characterize the quality of ground\nwater and surface water in areas that may be affected by disposal of coal\ncombustion by-products.\n(21) Surface water and ground water baseline data collection and monitoring stations\nshall be established, as appropriate, to satisfy the requirements of this chapter. In\ndetermining the acceptable number and locations of monitoring wells, the cabinet\nshall recognize the distinct differences between disposal of coal combustion by -\nproducts under  this section and the disposal of coal combustion by -products for\nwhich a special waste formal permit or a special waste registered permit -by-rule is\nrequired under administrative regulations promulgated pursuant to KRS Chapter\n224.\n(22) The characterization of ground water shall include the parameters of total dissolved\nsolids, or specific conductance corrected to twenty -five (25) degrees Celsius; pH;\ndissolved iron; dissolved manganese; acidity; alkalinity; sulfate; arsenic; barium;\ncadmium; chromium; lea d; mercury; selenium; and silver; except the cabinet may\nrequire different parameters for an application based upon the demonstrated\ncharacteristics of the coal combustion by-products.\n(23) The characterization of surface water shall include the parameters  of total dissolved\nsolids, or specific conductance corrected to twenty -five (25) degrees Celsius; total\nsuspended solids; pH; total iron; total manganese; acidity; alkalinity; sulfate;\narsenic; barium; cadmium; chromium; lead; mercury; selenium; and silve r; except\nthe cabinet may require different parameters for an application based upon the\ndemonstrated characteristics of the coal combustion by-products.\n(24) The minimum number of sampling events for baseline characterization of ground\nwater and surface w ater for parameters beyond those normally required for surface\ncoal mining operations shall be in accordance with cabinet administrative\nregulations promulgated pursuant to KRS Chapter 224 pertaining to special waste\nlandfills used solely for the disposal of coal combustion by-products.\n(25) The application shall include a plan for the monitoring and reporting, until final\nbond release on the permit area, of the quality of ground water and surface water in\nareas that may be affected by disposal of coal comb ustion by-products and shall\nprovide for monitoring capable of detecting if contaminants from the coal\ncombustion by-products are entering ground water and surface water.\n(26) The performance bond required under this chapter shall cover the disposal of coa l\ncombustion by-products on the permit area.\n(27) A permittee, operator, or person disposing of coal combustion by -products under\nthis section shall comply with the following additional environmental protection\nperformance standards:\n(a) The coal combustio n by -products shall be handled and disposed by the\nmethod approved in the permit.\n(b) Disposal areas and facilities used for coal combustion by -products handling\nand disposal shall be designed, located, operated, and maintained to assure\nthat the handling and disposal will not pose a threat to human health or the\nenvironment, to minimize disturbances to the hydrologic balance within the\npermit area and adjacent area, and to prevent material damage to the\nhydrologic balance outside the permit area, as required under this chapter.\n(c) To the extent practicable, areas to receive coal combustion by -products shall\nbe selected to minimize water contact with the coal combustion by-products.\n(d) The coal combustion by -products shall be placed at least four (4) feet above\nthe seasonal high water table that is projected to be established after\ncompletion of mining and reclamation, unless the applicant demonstrates to\nthe satisfaction of the cabinet, based upon site specific conditions and the\ncharacteristics of the coa l combustion by -products, that no adverse\nenvironmental impacts will occur.\n(e) The coal combustion by -products shall not be placed within four (4) feet\nhorizontally of a final highwall, exposed coal seam, or coal outcrop.\n(f) The volume of coal combustion  by-products disposed of on the permit area\nshall not exceed the in -place volume of the marketable coal seams to be\nremoved from the permit area.\n(g) Disposal of coal combustion by -products shall not result in a greater amount\nof excess spoil than the amou nt that would result if disposal of coal\ncombustion by-products were not part of the permitted operation.\n(h) The thickness of coal combustion by -products at any point in any disposal\narea shall not exceed forty (40) feet.\n(i) The cabinet may reduce the al lowable maximum volume or thickness of coal\ncombustion by-products for a disposal area if the cabinet determines, based\nupon site specific conditions and the characteristics of the coal combustion\nby-products, that the reduction in volume or thickness is n ecessary to assure\nprotection of human health and the environment.\n(j) After the coal combustion by -products are placed in the disposal area, they\nshall be covered as contemporaneously as practicable with at least four (4) feet\nof nonacid-forming spoil material.\n(28) The permittee shall monitor and report the quality of surface and ground water\nquarterly, except the monitoring of water quality parameters beyond those normally\nrequired for surface coal mining operations shall be conducted semiannually. The\nmonitoring shall be conducted until final bond release on the permit area; except\nafter four (4) initial monitoring events for the parameters beyond those normally\nrequired for surface coal mining operations, if analysis of subsequent monitoring\nevents indicates no exceedences above maximum contaminant levels under cabinet\nadministrative regulations promulgated pursuant to KRS Chapter 224 and the Safe\nDrinking Water Act of 1974 (Public Law 93 -523), as amended, the permittee may,\nupon request, be granted perm ission from the cabinet to reduce monitoring\nparameters required under this chapter. The monitoring and reporting shall comply\nwith the plan approved pursuant to subsection (25) of this section.\n(29) The monitoring and reporting of ground water quality sha ll include the parameters\nused in the baseline characterization of ground water under subsection (22) of this\nsection, except the cabinet may require different parameters for a permit based upon\nthe demonstrated characteristics of the coal combustion by-products.\n(30) The monitoring and reporting of surface water quality shall include the parameters\nused in the baseline characterization of surface water under subsection (23) of this\nsection, except the cabinet may require different parameters for a permit based upon\nthe demonstrated characteristics of the coal combustion by-products.\n(31) The cabinet shall, upon July 15, 1994, process applications submitted under this\nsection in the same manner as other permit applications submitted under this\nchapter.\n(32) The cabinet may promulgate administrative regulations under this section pertaining\nto the disposal of coal combustion by-products.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32832","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"bb2b90733a8cae2d5a0a7aad1cb1f8e9c591fed2bd8544e85d8b8658bce3d00b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.260","next":"us-ky/krs-350.275"},"notice":"GroundRules: Original legal text. Not legal advice."}