405 KAR 3:150. Groundwater systems.


      RELATES TO: KRS 350.151


      NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.151 requires the Environmental and Public Protection Cabinet to adopt rules and administrative regulations for the surface effects of underground coal mining. This administrative regulation sets forth requirements for protection of the groundwater system and groundwater monitoring.


      Section 1. Groundwater Systems. Underground operations shall be conducted to minimize adverse effects on groundwater flow and quality, and to minimize off-site effects. The permittee will be responsible for performing monitoring according to Section 2 of this administrative regulation to ensure operations conform to this requirement.


      Section 2. Monitoring. Groundwater levels, subsurface flow and storage characteristics, and the quality of groundwater shall be monitored in a manner approved by the cabinet to determine the effects of underground coal mining operations on the quantity and quality of water in groundwater systems at the mine area and in associated off-site areas. When operations are conducted in such a manner that may affect the groundwater system, groundwater levels and groundwater quality shall be periodically monitored using wells which can adequately reflect changes in groundwater quantity and quality resulting from such operations. Sufficient water wells must be used by the permittee. The cabinet may require drilling and development of additional wells if needed to adequately monitor the groundwater system. As specified and approved by the cabinet, additional hydrologic tests, such as aquifer tests, must be undertaken by the permittee to demonstrate compliance with Section 1 of this administrative regulation. (4 Ky.R. 420; eff. 5-3-78; Am. 523; 5 Ky.R. 230; eff. 8-23-78; TAm eff. 8-7-2007.)