Kentucky Statutes 350.420 – Minimization of the disturbance to hydrologic balance
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The permittee, operator, or person shall minimize disturbances to the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems both during and after surface coal mining operations and during reclamation by:
(1) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (a) Preventing or removing water from contact with toxic producing deposits;
(b) Treating drainage to reduce toxic content which adversely affects downstream water upon being released to watercourses; and
(c) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters;
(2) Conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law;
(3) Constructing any siltation structures pursuant to subsection (2) of this section prior to commencement of surface coal mining operations, the structures to be certified by a qualified registered engineer to be constructed as designed and as approved in the reclamation plan;
(4) Cleaning out and removing temporary or large settling ponds or other siltation structures from drainways after disturbed areas are revegetated and stabilized, and depositing the silt and debris at a site and in a manner approved by the cabinet; however, settling ponds and siltation structures may be left and not removed if determined to be safe and written approval is granted by the cabinet pursuant to its regulations;
(5) Restoring recharge capacity of the mined area to approximate premining conditions; (6) Avoiding channel deepening or enlargement in operations requiring the discharge of
water from mines; and
(7) Such other actions as the cabinet may prescribe.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 26, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 62, sec. 31; and ch. 377, sec. 12. — Created 1978 Ky. Acts ch.
330, sec. 5, effective May 3, 1978.
(1) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (a) Preventing or removing water from contact with toxic producing deposits;
Terms Used In Kentucky Statutes 350.420
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 350.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Operations: means surface coal mining operations, all of the premises, facilities, roads, and equipment used in the process of producing coal from a designated area or removing overburden for the purpose of determining the location, quality, or quantity of a natural coal deposit or the activity to facilitate or accomplish the extraction or the removal of coal. See Kentucky Statutes 350.010
- Operator: means any person, partnership, or corporation engaged in surface coal mining operations who removes or intends to remove more than twenty-five (25) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location. See Kentucky Statutes 350.010
- Permittee: means a person holding a permit to conduct surface coal mining and reclamation operations. See Kentucky Statutes 350.010
- Person: means any individual, partnership, corporation, association, society, joint stock company, firm, company, or other business organization and shall also include any agency, unit, or instrumentality of federal, state, or local government including any publicly-owned utility or publicly-owned corporation of federal, state, or local government. See Kentucky Statutes 350.010
- Reclamation: means the reconditioning of the area affected by surface coal mining operations under a plan approved by the cabinet. See Kentucky Statutes 350.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Surface coal mining operations: means activities conducted on the surface of lands in connection with a surface coal mine and surface impacts incident to an underground coal mine. See Kentucky Statutes 350.010
(b) Treating drainage to reduce toxic content which adversely affects downstream water upon being released to watercourses; and
(c) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters;
(2) Conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law;
(3) Constructing any siltation structures pursuant to subsection (2) of this section prior to commencement of surface coal mining operations, the structures to be certified by a qualified registered engineer to be constructed as designed and as approved in the reclamation plan;
(4) Cleaning out and removing temporary or large settling ponds or other siltation structures from drainways after disturbed areas are revegetated and stabilized, and depositing the silt and debris at a site and in a manner approved by the cabinet; however, settling ponds and siltation structures may be left and not removed if determined to be safe and written approval is granted by the cabinet pursuant to its regulations;
(5) Restoring recharge capacity of the mined area to approximate premining conditions; (6) Avoiding channel deepening or enlargement in operations requiring the discharge of
water from mines; and
(7) Such other actions as the cabinet may prescribe.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 26, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 62, sec. 31; and ch. 377, sec. 12. — Created 1978 Ky. Acts ch.
330, sec. 5, effective May 3, 1978.