DOCSLIB.ORG

Impacts of the Extended-Weight Coal Haul Road System

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Impacts of the Extended-Weight Coal Haul Road System Research Report KTC-95-25 IMPACTS OF THE EXTENDED-WEIGHT COAL HAUL ROAD SYSTEM by Jerry G. Pigman Research Engineer Joseph D. Crabtree Research Engineer Kenneth R. Agent Research Engineer R. Clark Graves Research Engineer and John A. Deacon Professor Kentucky Transportation Center College of Engineering University of Kentucky Lexington, Kentucky in cooperation with Kentucky Transportation Cabinet Commonwealth of Kentucky and Federal Highway Administration U.S. Department of Transportation The contents of this report reflect the views of the authors, who are responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the University of Kentucky, the Kentucky Transportation Cabinet, or the Federal Highway Administration. This report does not constitute a standard, specification, or regulation. December 1995 Commonwealth of Kentucky James C. Codell, Ill Transportation Cabinet Paul E. Patton Secretary of Transportation Frankfort, Kentucky 40622 Governor T. Kevin Flanery November 4, 1996 Deputy Secretary Mr. Paul Toussaint Division Administrator Federal Highway Administration 330 West Broadway Frankfort, Kentucky 40603-0536 Subject: IMPLEMENTATION STATEMENT- Research Study; "Impacts of the Extended­ Weight Coal Haul Road System" (KYHPR-93-151) Dear Mr. Toussaint: The Extended-Weight Coal Haul Road System was created by the Kentucky Legislature in 1986 and consists of roads which carry over 50,000 tons of coal in a calendar year. Trucks hauling coal on this system are authorized to exceed normal weight limits through the payment of an annual decal fee. A research study was initiated in July 1992 to analyze the impacts of the system and this is the final report from that effort to document the results. An interim report was prepared and distributed in October 1993. Results from the evaluation indicate that the extended-weight system has apparently been successful in accomplishing the objective of enhancing the competitiveness and economic viability of the Kentucky coal industry. From the safety standpoint, overall accident rates did not increase; however, fatal and injury accident rates were significantly higher on the system and for trucks operating with a coal decal. Considering the economics of the system, the decal-fee structure results in a net annual loss to the Road Fund of approximately $2 million and heavier weights of coal trucks add approximately $9 million annually to the pavement overlay costs. The primary recommendation for implementation was that the extended-weight system should evolve into a comprehensive trucking network. Further consideration will be given by the Transportation Cabinet to: 1) limitation of mileage to contain cost; 2)designation of a permanently connected continuous state-wide network for the system to promote efficient management; and 3) secure additional funding commensurate with increased costs and lost revenue attributed to the system. The eventual goal would be to provide a trucking highway network that is fully compatible with the dimensions and characteristics of the extended-weight trucks. If the problems of the extended-weight system can be resolved, it could serve as a model for a resource and commodity highway system which could accommodate large trucks carrying other commodities as well as coal trucks currently operating with decals on the extended-weight system. · KENTUCKY TRANSPORTATION CABINET "PROVIDE A SAFE, EFFICIENT, ENVIRONMENTALLY SOUND, AND FISCALLY RESPONSIBLE TRANSPORTATION SYSTEM WHICH PROMOTES ECONOMIC GROWTH AND ENHANCES THE QUALITY OF UFE IN KENTUCKY.' "AN EQUAL OPPORT1JNITY EMPLOYER M/F/0' Technical Report Documentation Page 1. Report No. 2. Government Accession No. 3. Rocipiont"s Catalog No. KTC·95-25 4. Title and Subtitle 5. Report Date December 1995 Impacts of the Extended-Weight Coal Haul Road System 6. Performing Organization Code 8. Performing Organization Report No. 7. Author(s) KTC-95-25 J. Pigman, J. Crabtree, K. Agent, C. Graves, J. Deacon 9. Performing Organization Name and Address 10. Work UnH No. [TRAIS) Kentucky Transportation Center College of Engineering University of Kentucky 11. Contract or Grant No. Lexington, KY 40506-0043 KYH PR-93-151 13. Type ol Report and Poriod Covorod Final 12. Sponsoring Agency Name and Address Kentucky Transportation Cabinet State Office Building 14. Sponsoring Agency Code Frankfort, KY 40622 15. Supplementary Notes Study Title: Impacts of the Extended-Weight Coal Haul Road System 16. Abstract The ExtendedM Weight Coal Haul Road System, created by the Kentucky Legislature in 1986, consists of all roads which carry over 50,000 tons of coal in a calendar year. Trucks hauling coal on lhis system are authorized to exceed normal weight limits through tbe payment of an annual decal fee. A research study was initiated in July of 1992 to analyze the impacts of the extended-weight system. Analyses in this report are based on the following: historical data on coal production and transportation: data from coal decaJ applications; interviews of legislators. transportation officials. coal company representatives. and coal trucking representatives: newspaper articles; vebicle classification data: analyses of pavement costs: pavement rideability data; and accident data. Primary conclusions include: I) The extended-weight 5)'Stem has apparently been somewbat successful in accomplishing the objective of enhancing the competitiveness and economic viability of the Kentucky coal industry: 2) Overall accident rates did not increase as a result of implementation oflhe extended-weight system. but the fatal accident injury rates were significantly higher on the extended-weight system and for trucks operating with the coal decal: 3) Advance-warning flashers have been evaluated and recommended as a means of reducing intersection accidents involving heavy/coal trucks: 4) The coal-decal fee structure results in a net annual loss in Road Fund revenue of approximately S2 million; 5) Forty percent of revenue from decal fees are allocated to counties even though county-maintained roads comprise only eight percent of the extended- weight system: 6) Heavier weights of coal-decal trucks add approximately $9 million annually to the pavement overlay costs; 7) Road users throughout the state are subsidizing the movement of Kentucky coal by participating in the cost of maintaining and improving tile highway system: and 8) Possibly reflecting the increased funding of extended-weight roads., the rideability index. has risen to a level above the statewide average. The primary recommendation was that the extended-weight system should evolve into a comprehensive trucking network. A "Resource and Commodity Highway System" was evaluated as a separate study and found to be a feasible and desirable means of providing a trucking llighway network th.at is fully compatible with the dimensions and characteristics of large trucks. 17. Key Words 18. Distribution Statemont Coal Pavements Trucks Highways Taxes Transportation Unlimited with Transportation Safety Weight Cabinet Approval Economics Revenue 19. Security Classif. (of this report) 20. Security Classif. (of this page) 21. No. of Pages 22. Prloo Unclassified Unclassified 130 Form DOT 1700.7 (8-72) Reproduction of completed page authorized TABLE OF CONTENTS Executive Summary . v Acknowledgments ................................................ xii Introduction . 1 The Coal Industry in Kentucky ..................................... 5 History of Coal Transportation . 6 Economics of Coal Transportation . 10 Perceptions . 12 The Population of Coal Trucks ...................................... 21 Revenue and Cost Analysis ........................................ 25 Accident Analysis . 33 Evaluation of Advance Warning Flashers ............................. 37 Pavement Condition Analysis ...................................... 39 Conclusions . 40 Recommendations . 43 References . 44 Figures ......................................................... 45 Tables .......................................................... 55 Appendix A: Issues Surrounding the Trucking of Kentucky Coal in the 1990's .......................................... 77 Appendix B: Sampling of Newspaper Articles Related to Extended Weight Coal Haul Road System .................. 89 Appendix C: Details of Revenue and Cost Analysis for Extended Weight Coal Haul Road System .................. 93 11 LIST OF FIGURES Figure 1. Coal Production by Transportation Mode (1895-1990). Figure 2. Coal Production by Transportation Mode (1970-1990). Figure 3. Percentage of Coal Hauled by Truck and by Rail (1970-1990). Figure 4. Coal Production by Type of Mine (1950-1990). Figure 5. Highway Mileage of Coal Haul System. Figure 6. Highway Mileage of Extended-Weight System. Figure 7. Ton-Miles of Coal Transported by Highway in Kentucky. Figure 8. Tons of Coal Shipped by Highway in Kentucky. Figure 9. Breakdown of Extended-Weight System--1991 Data. Figure 10. Gross Weight Distribution of Three-Axle, Single-Unit Trucks. Figure 11. Gross Weight Distribution of Four-Axle, Single-Unit Trucks. Figure 12. Gross Weight Distribution Five-Axle, Semi-trailer Trucks. Figure 13. Gross Weight Distribution Six-Axle, Semi-trailer Trucks. Figure 14. Annual Average Rideability. Figure 15. Percent Increase/Decrease ofRideability. iii LIST OF TABLES Table 1. Number of Producing and Impact Counties by Year. Table 2. Highway Mileage. Table 3. Coal Ton-Miles. Table 4. Tons of Coal Shipped by Highway in Kentucky. Table 5.
Load more

Recommended publications
  • Coal Mine Water Pollution: an Acid Problem with Murky Solutions J
    Kentucky Law Journal Volume 64 | Issue 3 Article 3 1976 Coal Mine Water Pollution: An Acid Problem With Murky Solutions J. T. Begley Appalachian Research and Defense Fund of Kentucky John Philip Williams East Tennessee Research Corporation Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Environmental Law Commons, and the Water Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Begley, J. T. and Williams, John Philip (1976) "Coal Mine Water Pollution: An Acid Problem With Murky Solutions," Kentucky Law Journal: Vol. 64 : Iss. 3 , Article 3. Available at: https://uknowledge.uky.edu/klj/vol64/iss3/3 This Symposium Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. Coal Mine Water Pollution: an Acid Problem With Murky Solutions By J. T. BEGLEY* and JOHN PHILIP WILLIAMS** I. INTRODUCTION Since 1973 the American public has been bombarded by news of the "energy crisis" and the need for "national energy independence." This public awareness of energy needs has spurred the creation of a new federal agency, the Federal En- ergy Administration (FEA), which has initiated "Project Inde- pendence," a national program designed to achieve energy in- dependence for the United States in the 1980's.1 In speeches throughout the country, FEA officials have declared that to achieve this goal our country must double its annual coal pro- duction.
    [Show full text]
  • Kentucky Ground-Water Quality
    KENTUCKY GROUND-WATER QUALITY By James L. Kiesler, Lloyd H. Woosley, Jr., and Robert W. Davis U.S. Geological Survey Open-File Report 87-0727 DEPARTMENT OF THE INTERIOR DONALD PAUL MODEL, Secretary U.S. GEOLOGICAL SURVEY Dallas L. Peck, Director - For additional information: For sale by: Chief Hydrologist U.S. Geological Survey U.S. Geological Survey Books and Open-File Reports Section 407 National Center Federal Center Reston, VA 22092 Box 25425 Denver, Colorado 80225 Use of trade names in this report is for descriptive purposes only and does not constitute endorsement by the U.S. Geological Survey FOREWORD This report contains summary information on ground-water quality in one of the 50 States, Puerto Rico, the Virgin Islands, or the Trust Territories of the Pacific Islands, Saipan, Guam, and American Samoa. The material is extracted from the manuscript of the 1986 National Water Summary, and with the exception of the illustrations, which will be reproduced in multi-color in the 1986 National Water Summary, the format and content of this report is identical to the State ground-water-quality descriptions to be published in the 1986 National Water Summary. Release of this information before formal publication in the 1986 National Water Summary permits the earliest access by the public. Contents Ground-Water Quality .................................................. 1 Water-Quality in Principal Aquifers ...................................... 1 Background Water Quality ......................................... 1 Alluvial Aquifer .............................................. 2 Tertiary and Cretaceous Aquifers ............................... 2 Pennsylvanian Aquifer System ................................. 2 Mississippian Aquifer System .................................. 2 Ordovician Aquifer System .................................... 2 Effects of Land Use on Water Quality ................................ 3 Waste Management and Chemical Storage ..................... 3 Mineral Development ........................................
    [Show full text]
  • Title:Kentucky Coal, Reclamation And
    Kentucky Coal, Reclamation and Subsidence Title: Kentucky Coal, Reclamation and Subsidence Level: Secondary Day/Time: One class period or Homework assignment KERA Goals:1.2, 5.3, 6.3 Background Information: Every day, Kentuckians benefit from one of the coal industry’s most notable, environmentally significant achievements – the successful reclamation of mined lands. And chances are, they do not even know it. That is because most of the reclamation achieved by the coal industry is "invisible." Reclamation means returning the land to its original condition or other productive use. Unless there is a sign or other form of identification nearby, it is difficult to tell that a reclaimed site was once an active coal mine. Careful mining of our land benefits people in two ways: as a source of plentiful and reasonably priced coal and as reclaimed, productive, attractive and useful areas. Whether turned into a state park, a housing development, wildlife preserves or simply returned to productive farmland, reclaimed sites represent the coal industry’s commitment to a sound environment. Even though coal production has increased substantially over the past decade, the impact of this activity on the environment has been minimal. In Kentucky, coal is mined by one of two methods– surface mining or underground mining. Surface mining is the extraction of coal by first removing the soil, rock and other materials lying above the natural deposits. Underground mining is the extraction of coal by underground excavation of the coal deposits. For underground mining, special effort is devoted to constructing the mine and the mining plan in such a way that undesirable surface effect are minimized.
    [Show full text]
  • Kentucky Geological Survey Earth Resources—Our Common Wealth
    Kentucky Geological Survey Earth ResourcesOur Common Wealth Annual Report 19992000 Annual Report 19992000 Cover Illustrations 2 1 3 4 6 5 7 À Quartz-pebble conglomerate from Cumberland Falls. Photo by Stephen Greb. Á Portion of geologic map of Harrodsburg 30 x 60 minute quadrangle, by Thomas Sparks, Garland Dever, and Warren Anderson. Â Karst landscape in central Kentucky. Photo by Deanna Davis, Barrys Photography. Ã Polished core from the CambrianOrdovician Knox Group in Cumberland County. Photo by Lyle VanHorne and Patrick Gooding. Ä Kentucky agate. Photo by Collie Rulo. Å Sandstone bluff in Carter Caves State Park. Photo by Douglas Reynolds Jr. Æ Big South Fork of the Cumberland River, McCreary County. Photo by Brandon Nuttall. Earth ResourcesOur Common Wealth Kentucky Geological Survey Annual Report 19992000 228 Mining and Mineral Resources Building University of Kentucky Lexington, KY 40506-0107 859.257.5500 fax 859.257.1147 www.uky.edu/KGS Project Manager and Writer: Carol Ruthven Editor: Margaret Luther Smath Designer: Collie Rulo Contents 1 Directors Desk 2 Energy and Minerals for Our Economy 8 Clean Air and Water for Our Quality of Life 14 Helping Our Communities Become Resistant to Natural Disasters 18 Enhancing Access to Geologic Maps and Data for Our Citizens 22 Upholding a Tradition of Quality Public Service 25 Mentoring Future Geologists 27 Recognizing Excellence in Research and Public Service 28 New Publications 30 Active Research Projects 32 Staff Roster State Geologists 18382000 1838: William W. Mather, State Geologist. No organizational structure. 183953: No organizational structure; no State Geologist. 185460: First Survey. David Dale Owen, State Geologist, 185457; Robert Peter, State Chemist, supervised the activities of the office from 185760.
    [Show full text]
  • UK Mining Engineering: Over a Century of History
    Mining Engineering Volume 03, Issue 1, Summer 2009 UK Mining Engineering: Over a Century of History During the fall a single college and the program converted of 2008, the to the Department of Mining and Metallurgy. UK Mining Department of Engineering The separate mining department was closed Mining Engineering in 1968, and the program became a specialty 230 Mining & Mineral Foundation celebrated its area in the Department of Civil Engineering. Resources Building In the later part of the 1970s, a large national Lexington, KY 40506-0107 25th anniversary. demand for mining engineers developed Phone: (859) 257-8026 During this event Fax: (859) 323-1962 it was noted that as a result of the energy crisis. In 1980 approximately 26 accredited mining engineering send correspondence to: the department has the unique programs produced over 800 mining engineers Geaunita Caylor distinction of nationwide. Under Professor Ted D. Haley’s 107 Mining and Mineral leadership, the UK mining engineering specialty Resources Building being both one Lexington, KY 40506-0107 of the oldest and area graduated 39 students in 1980, which remains the largest graduating class in the Phone: (859) 257-2820 youngest mining Fax: (859) 257-2173 history of the program. Within a four- year period Charles J. Norwood. Image courtesy of engineering from 1979 to 1982, the program produced www.engr.uky.edu/mng University of Kentucky Archives programs in the country. A brief review of the over 130 new mining engineering graduates. If you would prefer to have this newsletter sent by email, please program’s history follows. In response to the demand and request of the send your email address to [email protected] The UK Department of Mining Engineering Kentucky mining industry, the Department of was originally established in 1901 under Mining Engineering was reopened in 1981 under the direction of Professor Charles J.
    [Show full text]
  • The Competitiveness of Kentucky's Coal Industry
    The Competitiveness of Kentucky's Coal Industry Research Report No. 318 Legislative Research Commission Frankfort, Kentucky January 2004 Kentucky Legislative Research Commission David L. Williams Jody Richards President, LRC Co-Chair Speaker, LRC Co-Chair SENATE HOUSE Richard L. Roeding Larry Clark President Pro Tem Speaker Pro Tem Dan Kelly Rocky Adkins Majority Floor Leader Majority Floor Leader Ed Worley Jeffrey Hoover Minority Floor Leader Minority Floor Leader Charlie Borders Jim Callahan Majority Caucus Chairman Majority Caucus Chairman Johnny Ray Turner Bob DeWeese Minority Caucus Chairman Minority Caucus Chairman Elizabeth Tori Joe Barrows Majority Whip Majority Whip Bob Jackson Ken Upchurch Minority Whip Minority Whip Robert Sherman, Director The Kentucky Legislative Research Commission is a 16-member committee comprised of the majority and minority leadership of the Kentucky Senate and House of Representatives. Under Chapter 7 of the Kentucky Revised Statutes, the Commission constitutes the administrative office for the Kentucky General Assembly. Its director serves as chief administrative officer of the legislature when it is not in session. The Commission and its staff, by law and by practice, perform numerous fact-finding and service functions for members of the General Assembly. The Commission provides professional, clerical, and other employees required by legislators when the General Assembly is in session and during the interim period between sessions. These employees, in turn, assist committees and individual members in preparing legislation. Other services include conducting studies and investigations, organizing and staffing committee meetings and public hearings, maintaining official legislative records and other reference materials, furnishing information about the legislature to the public, compiling and publishing administrative regulations, administering a legislative intern program, conducting a presession orientation conference for legislators, and publishing a daily index of legislative activity during sessions of the General Assembly.
    [Show full text]
  • Determination of Threatened Status For
    Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4183 Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules ******* Dudleya abramsii ssp. Conejo dudleya .......... U.S.A. (CA) ................ Stonecrop T 606 NA NA parva. (Crassulaceae). Dudleya cymosa ssp. Marcescent dudleya ... U.S.A. (CA) ................ Stonecrop T 606 NA NA marcescens. (Crassulaceae). Dudleya cymosa ssp. Santa Monica Moun- U.S.A. (CA) ................ Stonecrop T 606 NA NA ovatifolia. tains dudleya. (Crassulaceae). ******* Dudleya verityi ............. Verity's dudleya ......... U.S.A. (CA) ................ Stonecrop T 606 NA NA (Crassulaceae). ******* Pentachaeta lyonii ....... Lyon's pentachaeta ... U.S.A. (CA) ................ Aster (Asteraceae) ..... E 606 NA NA ******* Dated: December 26, 1996. southern portion of its range due to snake. Correction of these mislabelled Jay L. Gerst, modifications in surface coal mining specimens is difficult due to the rapid Acting Director, Fish and Wildlife Service. and reclamation practices. fading of colors from preserved [FR Doc. 97±2059 Filed 1±28±97; 8:45 am] EFFECTIVE DATE: February 28, 1997. specimens. Thus, the original range and BILLING CODE 4310±55±P ADDRESSES: The complete file for this distribution of the copperbelly water rule is available for inspection, by snake is not precisely known due to this appointment, during normal business taxonomic history and the loss of 50 CFR Part 17 hours at the Service's Bloomington suitable habitat before recognition of the copperbelly water snake as a distinct RIN 1018±AB75 Field Office, 620 South Walker Street, Bloomington, Indiana 47403; telephone subspecies (Conant 1949, 1951, 1955; Endangered and Threatened Wildlife 812/334±4261.
    [Show full text]
  • Nuclear Energy: Kentucky's New Coal?
    Kentucky Journal of Equine, Agriculture, & Natural Resources Law Volume 10 Issue 2 Article 4 2017 Nuclear Energy: Kentucky's New Coal? Katie Haagen University of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/kjeanrl Part of the Energy and Utilities Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Haagen, Katie (2017) "Nuclear Energy: Kentucky's New Coal?," Kentucky Journal of Equine, Agriculture, & Natural Resources Law: Vol. 10 : Iss. 2 , Article 4. Available at: https://uknowledge.uky.edu/kjeanrl/vol10/iss2/4 This Note is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Journal of Equine, Agriculture, & Natural Resources Law by an authorized editor of UKnowledge. For more information, please contact [email protected]. NUCLEAR ENERGY: KENTUCKY'S NEW COAL? Katie Haagen* INTRODUCTION Nationally, Kentucky is known as "The Bluegrass State"; for many Kentuckians, however, it is known as Coal Country. Despite the fact that the rest of the economy continues to grow, the coal industry is fading.' Coal production in Kentucky is at its lowest since 1939.2 Residents of both Eastern and Western Kentucky are searching for jobs and even returning to school after being laid off from their jobs at coal mines.3 While the industry rapidly declines, many wonder where Kentucky will turn when coal is gone for good. One of the most promising alternatives to coal in Kentucky is nuclear energy.
    [Show full text]
  • Impacts of the Extended-Weight Coal Haul Road System (Interim Report)
    Research Report KTC-93-28 IMPACTS OF THE EXTENDED-WEIGHT COAL HAUL ROAD SYSTEM (INTERIM REPORT) by Joseph D. Crabtree Research Engineer Jerry G. Pigman Research Engineer John A. Deacon Professor and Kenneth R. Agent Research Engineer Kentucky Transportation Center College of Engineering University of Kentucky Lexington, Kentucky in cooperation with Kentucky Transportation Cabinet Commonwealth of Kentucky and Federal Highway Administration U.S. Department of Transportation The contents of this re2ort reflect the views of the authors, who are responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the University of Kentucky, the Kentucky Transportation Cabinet, or the Federal Highway Administration. This report does not constitute a standard, specification, or regulation. October 1993 Technical Report Docu.mentatlon Page 1. Report No. Government Accession No. 3. Recipient'•CotaiOiJ 2. No. lffi}�SoS& ··� T111e Subtitle 5. Report 4. and Data October 1 993 Impacts of the Extended-Weight Coal Haul Road System (Interim Report) 6. Porfonnlng Organization Cede Porfonnlng Organization Report 7. Au1ho�s) B. No. KTC-93'18 J.D. Crabtree, J.G. Pigman, J.A. Deacon, K.R. Agent 28' 9. PorfonningOrganization Address 10. WorkUnR No. Nameand (TRAIS) Kentucky Transportation Center 11. or Grant No. College of Engineering Contract KYHPR-93-151 University of Kentucky Lexington, KY 40506-0043 13. Typo of Report and PeriodCoverad Interim Report 12. SponsoringAgency Nama Address and Kentucky Transportation Cabinet State Office Building 14. Sponsoring Agancy Cede Frankfort, KY 40622 15. SupplamentaryNotas Prepared in cooperation with the Federal Highway Administration, US Department of Transportation.
    [Show full text]
  • COMMONWEALTH of KENTUCKY INTERVENING PLAINTIFF by and Through ENERGY and ENVIRONMENT CABINET
    Case: 7:10-cv-00125-ART Doc #: 4 Filed: 10/18/10 Page: 1 of 30 - Page ID#: 107 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY PIKEVILLE DIVISION CASE NO. 7:10-cv-00125-ART COMMONWEALTH OF KENTUCKY INTERVENING PLAINTIFF by and through ENERGY AND ENVIRONMENT CABINET VS. COMPLAINT IN INTERVENTION FOR DECLARATORY AND INJUNCTIVE RELIEF UNITED STATES DEFENDANTS ENVIRONMENTAL PROTECTION AGENCY 1200 PENNSYLVANIA AVE, NW WASHINGTON, DC 20460 and LISA JACKSON, or her successor in office, in her official capacity as ADMINISTRATOR of the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1200 PENNSYLVANIA AVE, NW WASHINGTON, DC 20460 * * * * * * * * * * * COMES THE Intervening Plaintiff, Commonwealth of Kentucky, by and through the Kentucky Energy and Environment Cabinet, by counsel, and for its Complaint in Intervention, states the following: 1. This action arises under the Federal Water Pollution Control Act (“Clean Water Act” or “CWA”), 33 U.S.C.A. §§ 1251- 1387, CWA §§ 201- 607. 1 Case: 7:10-cv-00125-ART Doc #: 4 Filed: 10/18/10 Page: 2 of 30 - Page ID#: 108 I. INTRODUCTION 2. The Clean Water Act prohibits the discharge of any pollutant to the waters of the United States without a permit issued pursuant to the National Pollutant Discharge Elimination System (NPDES) program. 33 U.S.C. § 1342(a), Clean Water Act (“CWA”) § 402(a). Effluent limitations are imposed in the permit in order to control the amount of pollutants discharged. EPA initially issued all NPDES program permits. Subsequently, EPA has delegated to qualifying states the right to issue NPDES Permits within their state boundaries. The Commonwealth of Kentucky was delegated authority to issue NPDES permits in 1983.
    [Show full text]
  • February 2015.Indd
    PeacewaysPeaceways CENTRAL KENTUCKY COUNCIL FOR PEACE AND JUSTICE February 2015 CKCPJ Dinner and Networking Fair scheduled for Feb. 22 The Central Kentucky Council for Peace and Jus ce Annual Dinner and Networking Fair is scheduled for Sun., Feb. 22, at Imani Bap st Church, 1555 Georgetown Road, Lexington. Lo- cal and regional groups that address social jus ce issues will have informa- on booths set up from 4 pm to 6 pm; dinner will follow the networking session at 6 pm. Following dinner, CKCPJ will give its annual awards: Youth Peacemaker of the Year Award, Life me of Waging Peace Award, Peacemaker of the Year CKCPJ member Steve Katz attends the 2014 Networking Fair, listening to Gina DeArth of the Award, and the Chuck Sohner Living National Action Network. Wage Award. Members of CKCPJ's Peace Ac on commi ee and the mininum wage. The Kentucky State dance is $25 per dinner; those living Lexington Working Families Cam- University Choir will perform. Audi- on a reduced income are asked to pay paign will describe their planning for ences of the KSU Choir describe their $10. Please make reserva ons by call- the Global Day of Ac on for Military music as "a treat that will warm your ing 859-488-1448 or email peaceand- Spending and eff orts to increase the heart." Suggested dona on for a en- jus [email protected]. Who Stands to Benefi t from fected are assured that their wages will not Louisville’s New Minimum Wage become stuck. By Jason Bailey The fi nal ordinance did not increase An estimated 45,000 workers in teenagers.
    [Show full text]
  • Beyond Mountaintop Removal: Pathways for Change in the Appalachian Coalfields
    Bozzi_7.12.12(final) (Do Not Delete) 7/16/2012 1:15 PM BEYOND MOUNTAINTOP REMOVAL: PATHWAYS FOR CHANGE IN THE APPALACHIAN COALFIELDS LAURA BOZZI† I. INTRODUCTION In spite of mounting opposition, from court cases to protests, the environmentally destructive practice of mountaintop removal (MTR) mining continues in the Central Appalachian coalfields. By numerous indicators, MTR is not sustainable: its environmental impacts include water pollution, stream ecosystem degradation, deforestation, and the leveling of mountaintops; coal mining pollution has been linked to birth defects and increased rates of mortality and chronic disease; the wealth derived from coal extraction has historically been taken out of the region rather than reinvested to promote local prosperity; and mining substantially depletes coal reserves, causing projections to indicate that only a short lifespan remains for the industry (and the jobs it provides) in the region. Despite these indicators that the current trajectory is unsustainable, there are currently few economic alternatives to coal mining for these rural areas. Given this situation, what is the equitable and effective policy response? Further, and in line with the topic for this journal’s issue, how could growth of the “green economy” in the region address these problems? The campaign against MTR is multi-pronged and diverse. In fact, calling it a single campaign is misleading, because participants seek varying degrees of change. Some opponents critique MTR narrowly but still support other forms of coal mining, while others more broadly question whether any coal extraction is beneficial to the region.1 Amidst the more traditional calls for the end of MTR, or even for the complete end to coal mining, has arisen another approach whose theory of change relies not on regulatory or legislative amendments to prohibit the mining technique but rather a strategy that attempts to diversify the economy beyond coal and thus indirectly end MTR.
    [Show full text]