{"data":{"id":"us-ky/krs-350.440","jurisdiction":"us-ky","citation":"KRS 350.440","heading":"Placement of excess spoil.","body":"The permittee or operator shall place all excess spoil material resulting from surface coal\nmining and reclamation operations pursuant to this chapter in the following manner:\n(1) Spoil is transported and placed in a controlled manner in position for concu rrent\ncompaction (where advisable) and in such a way as to assure mass stability and to\nprevent mass movement;\n(2) The areas of disposal are within the bonded permit areas and all organic matter shall\nbe removed immediately prior to spoil placement;\n(3) Appropriate surface and internal drainage systems and diversion ditches are used so\nas to prevent spoil erosion and movement;\n(4) The disposal area does not contain springs, natural watercourses, or wet -weather\nseeps unless lateral drains are constructed from the wet area to the main underdrains\nin such a manner that filtration of the water into the spoil pile will be prevented;\n(5) If placed on a slope, the spoil is placed upon the most moderate slope among those\nupon which, in the judgment of the cabinet, t he spoil could be placed in compliance\nwith all the requirements of this chapter and shall be placed, where possible, upon,\nor above, a natural terrace, bench, or berm, if the placement provides additional\nstability and prevents mass movement;\n(6) Where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient size\nto prevent mass movement is constructed;\n(7) The final configuration is compatible with the natural drainage pattern and\nsurroundings and suitable for intended uses;\n(8) Design of the spoil disposal area is certified by a qualified registered professional\nengineer in conformance with professional standards; and\n(9) All other provisions of this chapter are met.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32848","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"9bc3d7bac152d039111aca9aae1d1c531def58b9c72fea1964157d76bd975f6e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.435","next":"us-ky/krs-350.445"},"notice":"GroundRules: Original legal text. Not legal advice."}