Kentucky Statutes 350.455 – Water impoundment on mining site
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If authorized in the approved mining and reclamation plan and permit, the permittee or operator may create permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that:
(1) The size of the impoundment is adequate for its intended purposes;
(2) The impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under Public Law 83-566 (16 U.S.C. § 1006);
(3) The quality of impounded water will be suitable on a permanent basis for its intended use and that discharges from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable federal and state law in the receiving stream;
(4) The level of water will be reasonably stable;
(5) Final grading will provide adequate safety and access for proposed water users; and
(6) The water impoundments will not result in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 33, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 377, sec. 8. — Created 1978 Ky. Acts ch. 330, sec. 12, effective
May 3, 1978.
(1) The size of the impoundment is adequate for its intended purposes;
Terms Used In Kentucky Statutes 350.455
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- 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
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- 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
(2) The impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under Public Law 83-566 (16 U.S.C. § 1006);
(3) The quality of impounded water will be suitable on a permanent basis for its intended use and that discharges from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable federal and state law in the receiving stream;
(4) The level of water will be reasonably stable;
(5) Final grading will provide adequate safety and access for proposed water users; and
(6) The water impoundments will not result in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 33, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 377, sec. 8. — Created 1978 Ky. Acts ch. 330, sec. 12, effective
May 3, 1978.