Kentucky Statutes 350.440 – Placement of excess spoil
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The permittee or operator shall place all excess spoil material resulting from surface coal mining and reclamation operations pursuant to this chapter in the following manner:
(1) Spoil is transported and placed in a controlled manner in position for concurrent compaction (where advisable) and in such a way as to assure mass stability and to prevent mass movement;
(2) The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement;
(3) Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent spoil erosion and movement;
(4) The disposal area does not contain springs, natural watercourses, or wet-weather seeps unless lateral drains are constructed from the wet area to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented;
(5) If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the cabinet, the spoil could be placed in compliance with all the requirements of this chapter and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if the placement provides additional stability and prevents mass movement;
(6) Where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient size to prevent mass movement is constructed;
(7) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses;
(8) Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and
(9) All other provisions of this chapter are met.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 31, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 62, sec. 32; and ch. 377, sec. 13. — Created 1978 Ky. Acts ch.
330, sec. 10, effective May 3, 1978.
(1) Spoil is transported and placed in a controlled manner in position for concurrent compaction (where advisable) and in such a way as to assure mass stability and to prevent mass movement;
Terms Used In Kentucky Statutes 350.440
- Bench: means the ledge, shelf, or terrace formed in the contour method of strip mining. See Kentucky Statutes 350.010
- Cabinet: means the Energy and Environment Cabinet. 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
- 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
- Surface coal mining and reclamation operations: means surface coal mining operations and all activities necessary and incident to the reclamation of the operations as required by this chapter. See Kentucky Statutes 350.010
(2) The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement;
(3) Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent spoil erosion and movement;
(4) The disposal area does not contain springs, natural watercourses, or wet-weather seeps unless lateral drains are constructed from the wet area to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented;
(5) If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the cabinet, the spoil could be placed in compliance with all the requirements of this chapter and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if the placement provides additional stability and prevents mass movement;
(6) Where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient size to prevent mass movement is constructed;
(7) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses;
(8) Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and
(9) All other provisions of this chapter are met.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 31, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 62, sec. 32; and ch. 377, sec. 13. — Created 1978 Ky. Acts ch.
330, sec. 10, effective May 3, 1978.