SURFACE COAL MINING

KRS tit. XXVIII, ch. 350

in effect

KRS 350.005 Repealed, 1960

350.005. Repealed, 1960 Catchline at repeal: Strip Mining and Reclamation Commission abolished; transfer of functions. History: Repealed 1960 Ky. Acts ch. 143, sec. 7. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Article VII, sec. 2.

KRS 350.010 Definitions for chapter

350.010. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "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. The activities shall include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, extended depth secondary recovery systems, mountaintop removal, box cut, open pit, and area mining, the use of explosives and blasting, and in situ distillation or retorting, leaching, or other chemical or physical processing, and cleaning, concentrating, or other processing or preparation, and the loading of coal at or near the mine site. Excavation for the purpose of obtaining coal includes extraction of coal from refuse piles. The activities shall not include the extraction of coal by a landowner of fifty (50) tons or less within twelve (12) successive calendar months for his own noncommercial use from land owned or leased by him; the extraction of twenty-five (25) to two hundred fifty (250) tons of coal as an incidental part of privately financed construction where the coal is donated to a charitable or educational organization for noncommercial use or noncommercial distribution; the extraction of coal as an incidental part of federal, state, or local government financed highway or other construction under administrative regulations established by the cabinet; the extraction of, or intent to extract, twenty-five (25) tons or less of coal by any person by surface coal mining operations within twelve (12) successive calendar months; the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (16-2/3%) of the tonnage of minerals removed for purposes of commercial use or sale; or coal exploration subject to KRS 350.057. Surface coal mining operations shall also include the areas upon which the activities occur or where the activities disturb the natural land surface. The areas shall also include any adjacent land, the use of which is incidental to the activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of the activities and for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface resulting from or incident to the activities. This definition shall include the terms "strip mining" of coal and the "surface effects of underground mining" of coal as used in this chapter; (2) "Strip mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location; and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but shall not include the extraction of coal by a landowner for his own noncommercial use of fifty (50) tons or less within twelve (12) successive calendar months from land owned or leased by him; the extraction of coal as an incidental part of federal, state, or local government financed highway or other construction under administrative regulations established by the cabinet; the extraction of, or intent to extract, twenty-five (25) tons or less of coal by any person by surface coal mining operations within twelve (12) successive calendar months; the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (16-2/3%) of the tonnage of minerals removed for purposes of commercial use or sale; coal exploration subject to KRS 350.057; nor shall it include the surface effects or surface impacts of underground coal mining; (3) "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; (4) "Overburden" means material of any nature, consolidated or unconsolidated, excluding topsoil, which lies above a natural deposit of coal and also means the material after removal from its natural state in the process of surface coal mining; (5) "Area of land affected" means any area of land or water upon which surface coal mining and reclamation operations are conducted or located or are to be conducted or located; (6) "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; (7) "Method of operation" means the method or manner by which the cut or open pit is made, the overburden is placed or handled, water is controlled, and other acts are performed by the operator in the process of uncovering and removing the coal; (8) "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; (9) "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; (10) "Cabinet" means the Energy and Environment Cabinet; (11) "Secretary" means the secretary of the Energy and Environment Cabinet; (12) "Reclamation" means the reconditioning of the area affected by surface coal mining operations under a plan approved by the cabinet; (13) "Degree" when used in this chapter shall mean from the horizontal, and in each case shall be subject to a tolerance of five percent (5%) of error; (14) "Bench" means the ledge, shelf, or terrace formed in the contour method of strip mining; (15) "Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the cabinet determines that they are in compliance with KRS 350.455; (16) "Certification" by a qualified registered professional engineer, as required by this chapter and administrative regulations promulgated hereunder, means a good faith representation to the best of his or her knowledge and belief, based on adequate knowledge of the requirements of this chapter and administrative regulations promulgated hereunder, related experience, best professional judgment, accepted engineering practices and recognized professional standards, and standard practice as it relates to direct participation by the registered professional engineer or supervision of the registered professional engineer's employees or subordinates. Certification shall not be construed to constitute a warranty or guarantee; (17) "Reclamation development fund" means only that reconditioning of land affected by surface mining, which will directly promote and benefit the fund administered by the Kentucky Economic Development Finance Authority to foster economic development on surface mining land; (18) "Reclamation development project" means only that reconditioning of land affected by surface mining, which will directly promote and benefit an economic undertaking which constitutes a project under KRS 154.1 -010(20); (19) "Reclamation development plan" means a plan submi tted to the cabinet to show compliance with reclamation standards, and submitted to the Kentucky Economic Development Finance Authority to seek moneys from the reclamation development fund for a reclamation development project; (20) "Permit applicant" or "applicant" means a person applying for a permit; (21) "Permittee" means a person holding a permit to conduct surface coal mining and reclamation operations; (22) "Unanticipated event or condition" as used in KRS 350.085(7) means an event or condition encountered in a remining operation that was not contemplated by the applicable surface coal mining and reclamation permit; (23) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under KRS 350.560(1) or (2); (24) "Coal combustion by-products" means fly ash, bottom ash, scrubber sludge, and waste from fluidized bed combustion, produced by the combustion of coal. Coal combustion by-products do not include boiler slag, or residues of refuse derived fuels, such as municipal solid waste, tires, and solvents; (25) "NAD 83" means the North American Datum, 1983 version, in feet units; (26) "Single Zone Projection" means the Kentucky Single Zone State Plane Coordinate System of 1983, based on the Lambert Conformal map projec tion with double standard parallels on the North American Datum, as established in 10 KAR 5:010; and (27) "Long-term treatment" means the use of any active or passive water treatment necessary to meet water quality effluent standards at the time the cabine t determines, in accordance with the administrative regulations promulgated by the cabinet relating to performance bond release, that a permittee has completed backfilling, regrading, topsoil replacement, and drainage control, including soil preparation, initial seeding, and mulching, pursuant to the approved reclamation plan, and that a report for the area has been duly submitted to the cabinet. Effective: March 27, 2025 History: Amended 2025 Ky. Acts ch. 119, sec. 3, effective March 27, 2025. -- Amended 2010 Ky. Acts ch. 24, sec. 1873, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 79, sec. 10, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 123, sec. 49, effective June 20, 2005. -- Amended 1994 Ky. Acts ch. 172, sec. 1, effective July 15, 1994; ch. 178, sec. 1, effective July 15, 1994; ch. 390, sec. 35, effective July 15, 1994; and ch. 459, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 105, sec. 59; ch. 107, sec. 15; ch. 120, sec. 1; ch. 429, sec. 1. -- Amended 1992 Ky. Acts ch. 105, sec. 59, effective July 14, 1992, ch. 107; sec. 15, effective July 1, 1992; ch. 120, sec. 1; effective July 14, 1992; and ch. 429, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 205, sec. 1, effective July 13, 1990; and ch. 306, sec. 4, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 383, sec. 18, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 145, sec. 5, effective March 28, 1984. -- Amended 1982 Ky. Acts ch. 283, sec. 1, effective April 2, 1982; and ch. 357, sec. 1, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 62, sec. 1, effective March 21, 1980. -- Amended 1978 Ky. Acts ch. 330, sec. 14, effective May 3, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2), (7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 58. -- Amended 1972 Ky. Acts ch. 270, sec. 1. -- Amended 1968 Ky. Acts ch. 152, sec. 149. -- Amended 1966 Ky. Acts ch. 4, sec. 1. - - Amended 1964 Ky. Acts ch. 61, sec. 1. -- Amended 1962 Ky. Acts ch. 105, sec. 1. - - Amended 1960 Ky. Acts ch. 143, sec. 3. -- Amended 1956 (lst Extra. Sess.) Ky. Acts ch. 7, Art. VII, sec. 1. -- Created 1954 Ky. Acts ch. 8, sec. 1. Legislative Research Commission Note (2/9/99). Under KRS 7.136(1)(e), the prior reference to "KRS 154.01 -010(19)" in subsection (18) o f this statute has been changed to "KRS 154.01 -010(20)" (renumbered as KRS 154.1 -010(20) in 2013) because of the renumbering of the referenced subsection in 1996 Ky. Acts ch. 113, sec. 6. Legislative Research Commission Note (7/14/92). This section was am ended by four 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which prevails is ch. 105 pursuant to sec. 79 of that Act.

KRS 350.020 Declaration of legislative policy and finding of fact

350.020. Declaration of legislative policy and finding of fact The General Assembly finds that the Commonwealth is the leading producer of coal and that the production of coal in Kentucky contributes significantly to the nation's energy needs. The General Assembly further finds that unregulated surface coal mining operations cause soil erosion, damage from rolling stones and overburden, landslides, stream pollution, the accumulation of stagnant water and the seepage of contaminated water, increase the likelihood of floods, destroy the value of land for agricultural purposes, destroy aesthetic values, counteract efforts for the conservation of soil, water and other natural resources, destroy or impair the property rights of citizens, create fire hazards, and in general create hazards dangerous to life and property, so as to constitute an imminent and inordinate peril to the welfare of the Commonwealth. The General Assembly further finds that lands that have been subjected to surface coal mining operations and have not been reclaimed and rehabilitated in accordance with modern standards constitute the aforementioned perils to the welfare of the Commonwealth. The General Assembly further finds that there are wide variations in the circumstances and conditions surrounding and arising out of surface coal mining operations due primarily to difference in topographical and geological conditions, and by reason thereof it is necessary, in order to provide the most effective, beneficial and equitable solution to the problem, that a broad discretion be vested in the authority designated to administer and enforce the regulatory provisions enacted by the General Assembly. The General Assembly further finds that governmental responsibility for regulating surface coal mining operations rests with state government and hereby directs the Energy and Environment Cabinet to take all actions necessary to preserve and exercise the Commonwealth's authority, to the exclusion of all other governmental entities except the Commonwealth and agencies thereof and except as provided in KRS Chapter 100. Therefore, it is the purpose of this chapter to provide such regulation and control of surface coal mining operations as to minimize or prevent injurious effects on the people and resources of the Commonwealth. To that end, the cabinet is directed to rigidly enforce this chapter and to adopt whatever administrative regulations are found necessary to accomplish the purpose of this chapter. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 85, sec. 1, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 24, sec. 1874, effective July 15, 2010. -- Amended 1988 Ky. Acts ch. 253, sec. 1 and ch. 374, sec. 1, effective July 15, 1988. -- Amended 1980 Ky. Acts ch. 62, sec. 2. -- Amended 1978 Ky. Acts ch. 332, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 59. -- Amended 1966 Ky. Acts ch. 4, sec. 2. -- Amended 1964 Ky. Acts ch. 61, sec. 2. -- Created 1954 Ky. Acts ch. 8, sec. 2. Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 85, sec. 2 provides that the amendments made to this statute in that Act shall not relate to permit actions or bonds required thereby in effect prior to the Act's effective date, which was June 24, 2015.

KRS 350.024 Repealed, 1973

350.024. Repealed, 1973 Catchline at repeal: Reclamation Commission -- Membership -- Meetings -- Compensation. History: Repealed 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 93, effective January 1, 1973. -- Amended 1972 Ky. Acts ch. 270, sec. 2. -- Amended 1966 Ky. Acts ch. 4, sec. 3. -- Created 1960 Ky. Acts ch. 143, sec. 1.

KRS 350.025 Provisions inconsistent with federal law unenforceable

350.025. Provisions inconsistent with federal law unenforceable Any provision of this chapter which is set forth as inconsistent with the provisions of Public Law 95-87 by the Secretary of the Interior pursuant to Section 505(b) of that act shall be deemed superseded by federal law and shall thereafter be unenforceable by the Commonwealth of Kentucky. History: Created 1980 Ky. Acts ch. 209, sec. 5. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.026 Repealed, 1966

350.026. Repealed, 1966 Catchline at repeal: Transfer of records, property, personnel, funds. History: Repealed 1966 Ky. Acts ch. 255, sec. 283. -- Created 1960 Ky. Acts ch. 143, sec. 2.

KRS 350.028 Powers of cabinet

350.028. Powers of cabinet The Energy and Environment Cabinet shall have and exercise the following authority and powers: (1) To adopt administrative regulations after a hearing pertaining to surface coal mining operations including strip mining and the surface effects of underground mining to accomplish the purposes of this chapter; (2) To conduct investigations and hearings under provisions of this chapter or regulations adopted pursuant thereto; (3) To issue, after an opportunity for a hearing, suspension orders or show cause orders requiring an operator, permittee, or person to adopt remedial measures that are necessary to comply with this chapter and administrative regulations adopted pursuant thereto. Failure to attend a hearing shall be excused for good cause shown; (4) To issue, after an opportunity for a hearing, a final order imposing civil penalties for violations of this chapter or directing the Department for Natural Resources to revoke a permit, when the requirements set forth by the notice of noncompliance, order of cessation, or an order of the cabinet requiring remedial measures have not been complied with according to the terms therein. When the secretary or his authorized representatives determines that a pattern of violations of any requirements of this chapter or any permit conditions required by this chapter exists or has existed, and if the secretary or his authorized representatives also find that the violations are caused by the unwarranted failure of the permittee to comply with any requirements of this chapter or any permit conditions or that the violations are willfully caused by the permittee, the secretary or his authorized representative shall forthwith issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide an opportunity for a hearing. Failure to attend a hearing shall be excused for good cause shown; and (5) To adopt administrative regulations to allow the state to administer and enforce the initial and permanent regulatory programs of Public Law 95-87, "Surface Mining Control and Reclamation Act of 1977." Administrative regulations shall be no more stringent than required by that law. Nothing in this chapter shall be construed as superseding, amending, modifying, or repealing any of the acts listed in Section 702(a) of Public Law 95-87, or any administrative regulation promulgated thereunder. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1875, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 50, effective June 20, 2005. -- Amended 1992 Ky. Acts ch. 304, sec. 3, effective July 14, 1992; and ch. 429, sec. 2, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 283, sec. 2, effective April 2, 1982. -- Amended 1980 Ky. Acts ch. 62, sec. 3, effective March 21, 1980. -- Amended 1978 Ky. Acts ch. 330, sec. 15, effective May 3, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2), (7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 60. -- Amended 1966 Ky. Acts ch. 4, sec. 4. -- Created 1962 Ky. Acts ch. 105, sec. 2 (1), (2), (3), and (5).

KRS 350.029 Regulations to implement Interstate Mining Compact -- Adoption -- Limitations

350.029. Regulations to implement Interstate Mining Compact -- Adoption -- Limitations The cabinet is hereby authorized and empowered to adopt, after public hearing, reasonable regulations in order to formulate and establish effective programs for the control of surface soil disturbance in connection with mining as defined by the Interstate Mining Compact. Such regulations shall follow the general standards established in Article III of the Interstate Mining Compact. The cabinet shall have the authority to adopt such regulations prior to the effective date of the Interstate Mining Compact and irrespective of whether the state becomes a member or withdraws from membership in the Interstate Mining Compact. Nothing in this section shall be construed to grant the cabinet additional authority in regulating the strip mining of coal or clay, and the authority granted to the cabinet by this section shall be separate from the powers of the cabinet already enacted relating to the strip mining of coal and clay. History: Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 61. -- Created 1966 Ky. Acts ch. 23, sec. 79.

KRS 350.030 Repealed, 1956

350.030. Repealed, 1956 Catchline at repeal: Strip Mining and Reclamation Commission. History: Repealed 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VII, sec. 9. -- Created 1954 Ky. Acts ch. 8, sec. 3.

KRS 350.032 Enforcement of subpoenas -- Judicial review of final orders -- Forfeiture of performance bond -- Temporary relief pending final determination

350.032. Enforcement of subpoenas -- Judicial review of final orders -- Forfeiture of performance bond -- Temporary relief pending final determination (1) In case of refusal to obey a subpoena issued to any person, any Circuit Court of competent jurisdiction, upon application by any party, may issue to that person an order requiring him to appear before the cabinet, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question; and any failure to obey the order of the court may be punished by the court as a contempt of court. (2) Any person aggrieved by a final order of the cabinet resulting from a hearing on the issuance of a notice of noncompliance, the issuance of an order for cessation and immediate compliance, the assessment of civil penalties, or a bond forfeiture may obtain a review of the order by filing in the Franklin Circuit Court or the Circuit Court of the county within which the mine is located, within thirty (30) days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part, provided that a surety on a performance bond shall not file such petition until it has complied with subsection (3) of this section. A copy of the petition shall be forthwith served upon the cabinet, and thereupon the cabinet shall certify and file in court a copy of the record before the cabinet, including therein all pleadings, orders, documentary exhibits and the stenographic transcript of the testimony taken before the cabinet. When these have been filed, the court shall have exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part. No objection to the order may be considered by the court unless it was urged before the cabinet or there were reasonable grounds for failure to do so. The findings of the cabinet as to the facts, if supported by substantial evidence, are conclusive. If either party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for failure to adduce the evidence in the hearings before the cabinet, the court may order that additional evidence be taken before the cabinet in such manner and upon such condition as the court may consider proper. The cabinet may modify its findings as to the facts, by reason of the additional evidence so taken; and it shall file any modified or new findings with the court, which if supported by substantial evidence shall be conclusive, and any recommendation for the modification or setting aside of the original order. The commencement of the proceedings under this section does not, unless specifically ordered by the court, operate as a stay of the cabinet's order. An appeal may be taken from the judgment of the Circuit Court to the Court of Appeals on the same terms and conditions as an appeal is taken in any civil action. (3) Where the cabinet has ordered forfeiture of a performance bond, the surety shall forward to the cabinet by certified mail a cashier's check for the required amount within seven (7) business days from the effective date of the order. The cabinet shall establish an interest-bearing escrow account and shall deposit therein the full amount of the forfeiture rendered by the surety. The amount shall continue to be held by the cabinet until completion of judicial review as authorized in subsection (2) of this section. If the final decision following the review reverses the order of the secretary of the cabinet, the cabinet shall within thirty (30) days of receipt of such order, refund to the surety the appropriate amount plus all interest accrued from the date of deposit to the date of the final order. (4) In the case of a proceeding to review any order or decision issued by the secretary under this chapter pertaining to surface coal mining operations, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if: (a) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (b) The person requesting the relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and (c) The relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 178, sec. 4, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 331, sec. 47, effective July 15, 1986; and ch. 400, sec. 1, effective July 15, l986. -- Amended 1984 Ky. Acts ch. 145, sec. 1, effective March 28, 1984; and ch. 257, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 192, sec. 2, effective July 15, 1982. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 62. -- Created 1962 Ky. Acts ch. 105 , sec. 2 (4) and (6).

KRS 350.035 Repealed, 2017

350.035. Repealed, 2017 Catchline at repeal: Department for Natural Resources -- Divisions -- Appointment of special investigations officers. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 123, sec. 52, effective June 20, 2005. -- Amended 1982 Ky. Acts ch. 150, sec. 2, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 377, sec. 2, effective May 18, 1982. -- Amended 1978 Ky. Acts ch. 332, sec. 2, effective June 17, 1978. -- Amended 1972 (1st. Extra. Sess.) Ky. Acts ch. 3, sec. 63.. -- Amended 1966 Ky. Acts ch. 4, sec. 5. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VII, sec. 3.

KRS 350.040 Repealed, 1956

350.040. Repealed, 1956 Catchline at repeal: Director of Strip Mining and Reclamation; employment of personnel; utilization of other state services and facilities. History: Repealed 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VII, sec. 9. -- Created 1954 Ky. Acts ch. 8, sec. 4.

KRS 350.045 Repealed, 1960

350.045. Repealed, 1960 Catchline at repeal: Transfer of records, property, personnel and funds to Department of Conservation. History: Repealed 1960 Ky. Acts ch. 143, sec. 7. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VIII, sec. 4.

KRS 350.050 Powers of cabinet

350.050. Powers of cabinet The Energy and Environment Cabinet under the supervision of the secretary of the Energy and Environment Cabinet shall have and exercise the following authority and powers: (1) To exercise general supervision and administration and enforcement of this chapter and all rules and regulations and orders promulgated thereunder; (2) To encourage and conduct investigations, research, experiments, and demonstrations, and to collect and disseminate information relating to strip mining and reclamation of lands and waters affected by strip mining; (3) To adopt, without hearing, internal procedures with respect to the filing of reports, the issuance of permits, and other matters of procedure and administration; (4) To examine and pass upon all plans and specifications submitted by the permit applicant for the method of operation, backfilling, grading, and for the reclamation of the area of land affected by his operation; (5) To make investigations or inspections which may be deemed necessary to insure compliance with any provision of this chapter; (6) To order, through personnel of the cabinet, the suspension of any permit for failure to comply with any of the provisions of this chapter or any regulations adopted pursuant thereto; (7) To order, through personnel of the cabinet, the stopping of any operation that is started without first having secured a permit as required by this chapter. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1876, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 429, sec. 3, July 14, 1992. -- Amended 1978 Ky. Acts ch. 332, sec. 3, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2),(7) -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 64. -- Amended 1966 Ky. Acts ch. 4, sec. 6. -- Amended 1962 Ky. Acts ch. 105, sec. 3. -- Amended 1956, (1st Extra. Sess.) Ky. Acts ch. 7, Art. VII, sec. 5. -- Created 1954 Ky. Acts ch. 8, sec. 5.

KRS 350.052 Repealed, 2017

350.052. Repealed, 2017 Catchline at repeal: Powers, qualifications, and training of special investigations officers. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 2007 Ky. Acts ch. 85, sec. 303, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 416, sec. 2, effective July 14, 2000. -- Amended 1986 Ky. Acts ch. 64, sec. 7, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 150, sec. 5, effective July 15, 1982.

KRS 350.053 Repealed, 2017

350.053. Repealed, 2017 Catchline at repeal: Seizure and sale of equipment -- Rights of owner or lien holder. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 1990 Ky. Acts ch. 205, sec. 2, effective July 13, 1990; and ch. 212, sec. 1, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 150, sec. 6, effective July 15, 1982.

KRS 350.054 Illegal mining and conveyance reclamation fund -- Purpose -- Control

350.054. Illegal mining and conveyance reclamation fund -- Purpose -- Control (1) There is established a special fund to be known as the "Illegal Mining and Conveyance Reclamation Fund" which shall be under the control of the Energy and Environment Cabinet. (2) The fund shall consist of all moneys from the sale or forfeiture of all instrumentalities used in violation of KRS 350.057(3) or 350.060(1). (3) Moneys in the fund may be used for the following purposes: (a) To reclaim lands mined without a permit or authorization, as required by KRS 350.057 or 350.060(1), and not eligible for the abandoned mine lands reclamation fund; and (b) To defray all expenses associated with the seizure, storing, and sale of forfeited property. (4) Moneys contained in the illegal mining and conveyance reclamation fund shall be deemed a trust and agency account and shall not lapse. (5) The cabinet shall have access to and control of the moneys held in the illegal mining and conveyance reclamation fund, but shall expend the moneys only for the purposes set forth in subsection (3) of this section. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 48, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1877, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 212, sec. 2, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 150, sec. 7, effective July 15, 1982.

KRS 350.055 Publication of notice of intention to mine by permit applicant -- Notification of various local government bodies by cabinet

350.055. Publication of notice of intention to mine by permit applicant -- Notification of various local government bodies by cabinet (1) An applicant for a permit required by KRS 350.060 shall publish public notice of his filing of an application for that permit. The publication shall be made by advertisement in a newspaper of largest bona fide circulation, according to the definition in KRS 424.110 to 424.120, in the county wherein the proposed mining site is located. (2) The applicant shall publish the notice of intention to mine in the newspaper identified in subsection (1) at least once a week for four (4) consecutive weeks beginning at the time of submission of an application for a surface coal mining operation permit, pursuant to regulations promulgated by the cabinet. (3) The public notice of the filing of an application shall be entitled "Notice of Intention to Mine" and shall be in a manner and form prescribed by the cabinet and shall include, though not be limited to, the following: (a) The name and address of the applicant; (b) The location, ownership, and boundaries of the proposed permit area. (4) A copy of the newspaper advertisement of the applicant's "Notice of Intention to Mine" shall be filed with the cabinet and made a part of the complete application within a reasonable time after the last date of publication. (5) The cabinet shall notify various local government bodies, planning agencies, and sewage and water treatment authorities and water companies in the locality of the proposed operation notifying them of the applicant's intention to mine the land area as set forth in the notice of intention to mine, and identifying the permit application number assigned by the cabinet and where a copy of the permit application may be inspected. The secretary shall promulgate regulations specifying the manner in which the agencies may comment on the application. Any comments put forward pursuant to this section shall immediately be forwarded by the cabinet to the applicant and shall be made available to the public at the same places as the permit application is available. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 142, sec. 1, effective June 29, 2017. -- Amended 1992 Ky. Acts ch. 429, sec. 4, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 62, sec. 4; and ch. 377, sec. 1 -- Created 1976 Ky. Acts ch. 322, sec. 1.

KRS 350.057 Coal exploration operations

350.057. Coal exploration operations (1) The secretary of the Energy and Environment Cabinet shall promulgate regulations for the permitting and performance of coal exploration operations which substantially disturb the natural land surface. The regulations shall include at a minimum provisions for giving notice of intention to explore including a description of the area to be explored and the period of supposed exploration and provisions for reclamation, as required by this chapter, of all land disturbed in the exploration. (2) Any requirements of public access to records set forth in the Kentucky Revised Statutes to the contrary notwithstanding, the secretary shall order that confidential trade secrets or privileged commercial or financial information in the possession of the cabinet or pursuant to a coal exploration permit remain confidential. (3) (a) No person or operator shall remove more than twenty-five (25) tons of coal by coal exploration operations without first obtaining a coal exploration permit from the cabinet. (b) No person or operator conducting coal exploration operations in which more than twenty-five (25) tons of coal are removed shall knowingly and willfully receive, transport, sell, convey, exchange, transfer, trade, donate, deliver, or otherwise convert to a commercial use any coal extracted during the course of the operations, except with the prior written approval of the cabinet for the purpose of testing or determining the properties of the coal. (4) All persons or operators conducting operations pursuant to this section shall be subject to the applicable provisions of KRS 350.990. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1878, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 205, sec. 3, effective July 13, 1990; and ch. 212, sec. 3, effective July 13, 1990. -- Created 1980 Ky. Acts ch. 62, sec. 6.

KRS 350.060 Permit requirement -- Contents of application -- Fee -- Bond -- Administrative regulations -- Successive renewal -- Auger mining of previously mined area -- Exempt operations

350.060. Permit requirement -- Contents of application -- Fee -- Bond -- Administrative regulations -- Successive renewal -- Auger mining of previously mined area -- Exempt operations (1) (a) No person shall engage in surface coal mining and reclamatio n operations without having first obtained from the cabinet a permit designating the area of land affected by the operation. Permits shall authorize the permittee to engage in surface coal mining and reclamation operations upon the area of land described in his application for a period not to exceed five (5) years. However, if an applicant demonstrates that a specified longer term is reasonably needed to obtain necessary financing for equipment and the opening of the operation and if the application is full and complete for the specified longer term, the cabinet may grant a permit for the longer term. No mining shall be permitted beyond the time period obligations of the initial or extended bond coverage. (b) Subject to the provisions of KRS 350.010(1) and ( 2), no person shall knowingly and willfully receive, transport, sell, convey, transfer, trade, exchange, donate, purchase, deliver, or in any way derive benefit from coal removed from any surface mining operation which does not have a permit as required under this section. (2) No permit or revision application shall be approved unless the application affirmatively demonstrates, and the cabinet finds in writing on the basis of the information set forth in the application or from information otherwise availab le, that the permit application is accurate and complete and that all the requirements of this chapter have been complied with. (3) A person desiring a permit to engage in surface coal mining operations shall file an application which shall state: (a) The location and area of land to be affected by the operation, with a description of access to the area from the nearest public highways; (b) The owner or owners of the surface of the area of land to be affected by the permit and the owner or owners of all sur face area adjacent to any part of the affected area; (c) The owner or owners of the coal to be mined; (d) The source of the applicant's legal right to mine the coal on the land affected by the permit; (e) The permanent and temporary post office addresses of the applicant, which shall be updated immediately if changed at any point prior to final bond release; (f) Whether the applicant or any person, partnership, or corporation associated with the applicant holds or has held any other permits under this chapter, and an identification of the permits; (g) The names and addresses of every officer, partner, director, or person performing a function similar to a director of the applicant, together with the names and addresses of any individual owning of record ten percent (10%) or more of any class of voting stock of the applicant, and whether the applicant or any person is subject to any of the provisions of subsection (3) of KRS 350.130 and he shall so certify. The permittee shall submit updates of this information as changes occur or as otherwise provided by administrative regulation; however, failure to submit updated information shall constitute a violation of this chapter only upon the permittee's refusal or failure to timely submit the information to the cabinet upon request. Upon receipt of updated information satisfactory to the cabinet, the cabinet shall promptly update its computer system containing the information; (h) A listing of any violations of this chapter, Public Law 95-87, and any law, rule, or regulation in effect for the protection of air or water resources incurred by the applicant in connection with any surface coal mining and reclamation operation during the three (3) year period prior to the date of an application. The list shall indicate the final resolution of the violations; and (i) Whether the area of land to be affected by the operation has been previously mined and is in compliance with current reclamation standards, and, if not, identify the needed reclamation work. (4) The application for a permit shall be accompanied by an official document, and an affidavit attesting to the document's authenticity, which will evidence what particular business entity the applicant is, whether a foreign or domestic corporation, a partnership, an entity doing business as another, or, if sole proprietorship, an affidavit so stating. (5) The application for a permit shall be accompanied by copies, in numbers satisfactory to the cabinet, of a United States Geological Survey topographic map or other map acceptable to the cabinet on which the applicant has indicated the location of the operation, the course which would be taken by drainage from the operation to the stream or streams to which the drainage would normally flow, the name of the applicant and date, and the name of the person who located the operation on the map. (6) The application for a permit shall be accompanied by copies, in numbers satisfactory to the cabinet, of an enlarged United States Geological Survey topographic map or other map acceptable to the cabinet meeting the requirements of paragraphs (a) to (i) of this subsection. The map shall: (a) Be prepared and certified by a professional engineer registered under the provisions of KRS Chapter 322. The certification shall be in the form as provided in subsection (8) of this section, except that the engineer shall not be required to certify the true ownership of property under paragraph (d) of this subsection; (b) Identify the area to correspond with the application; (c) Show adjacent deep mining; (d) Show the boundaries of surface properties and names of owners of the affected area and adjacent to any part of the affected area; (e) Be of a scale of 1:24,000 or larger; (f) Show the names and locations of all streams, creeks, or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the area of land affected within three hundred (300) feet of an as-drilled oil or gas well, but as-drilled locations of oil and gas wells shall be certified only by a licensed surveyor and the well locations shall be entered in coordinates in feet units, using NAD 83, with Single Zone Projection, as those terms are defined in KRS 350.010; (g) Show by appropriate markings the boundaries of the area of land affected, the cropline of the seam or deposit of coal to be mined, and the total number of acres involved in the area of land affected; (h) Show the date on which the map was prepared, the north point, and the quadrangle name; and (i) Show the drainage plan on and away from the area of land affected. The plan shall indicate the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving the discharge. (7) Each application shall include a determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and groundwater systems, including the dissolved and suspended solids under seasonal flow conditions, and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the cabinet of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability. This determination shall not be required until the time hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency. The permit shall not be approved until the information is available and is incorporated into the application. (8) All certifications required by this chapter to be made by professional engineers shall be done in the form prescribed by the cabinet and shall be reasonably specific as to the work being certified. The cabinet may reject any document or map as incomplete if it is not properly certified. (9) In addition to the information and maps required above, each application for a permit shall be accompanied by detailed plans or proposals showing the method of operation; the manner, time, and distance for backfilling; grading work; and a reclamation plan for the affected area, which proposals shall meet the requirements of this chapter and administrative regulations adopted pursuant thereto. (10) The application for a permit shall be accompanied by proof that the applicant has public liability insurance coverage satisfactory to the cabinet for the surface mining and reclamation operations for which the permit is sought, or proof that the applicant has satisfied self-insurance requirements as provided by administrative regulations of the cabinet. The coverage shall be maintained in full force and effect during the terms of the permit and any permit renewal, and until reclamation operations are completed. (11) (a) A basic fee set by administrative regulation, and bearing a reasonable relationship to the cost of processing the permit application but not to exceed two thousand five hundred dollars ($2,500), plus a fee set by administrative regulation but not to exceed seventy-five dollars ($75), for each acre or fraction thereof of the area of land to be affected by the operation, shall be paid before the permit required in this section shall be issued; provided that if the cabinet approves an incremental bonding plan submitted by the applicant, the acreage fees may be paid in increments and at times corresponding to the approved plan. (b) The applicant shall file with the cabinet a bond payable to the Commonwealth of Kentucky with surety satisfactory to the cabinet in the sum to be determined by the cabinet for each acre or fraction thereof of the area of land affected, with a minimum bond of ten thousand dollars ($10,000), conditioned upon the faithful performance of the requirements set forth in this chapter and of the administrative regulations of the cabinet. The cabinet shall forfeit the entire amount of the bond for the permit area or increment in the event of forfeiture. (c) In determining the amount of the bond, the cabinet shall take into consideration the: 1. Character and nature of the overburden; 2. Future suitable use of the land involved; 3. Cost of backfilling, grading, and reclamation to be required; and 4. Probable difficulty of reclamation, giving consideration to such factors as topography, geology, hydrology, and revegetation potential. (d) The bond amount shall initially be computed to be sufficient to ensure completion of reclamation if the work had to be performed by the cabinet in the event of forfeiture. (e) For any permit or permit increment identified by the cabinet as requiring long- term treatment, the cabinet shall calculate an additional bond or other financial assurance instrument amount based on the estimated annual treatment cost, provided by the permittee and verified by the cabinet, multiplied by a factor of twenty-five (25), plus any capital cost of the treatment system. The cabinet shall use its own estimate for annual treatment costs if the cabinet cannot verify the permittee's estimate. (f) Within thirty (30) days of a cabinet determination of a need to change a bond protocol currently in use, the cabinet shall immediate ly promulgate administrative regulations setting forth bonding requirements, including but not limited to requirements for the amount, duration, release, and forfeiture of bonds. Bond protocols shall not be exempt from KRS 13A.100 and shall be established by promulgating administrative regulations under KRS Chapter 13A. Failure to include the formula for establishing the amount of the bond in any administrative regulation on bonding requirements shall be deemed a failure to comply with the prescriptions of this section and the administrative regulation shall automatically be declared deficient in accordance with KRS Chapter 13A. (12) The cabinet shall promulgate administrative regulations for the permitting of operations with surface effects of underground m ining and other surface coal mining and reclamation operations consistent with this section. The cabinet shall recognize the distinct differences between the surface effects of underground mining and strip mining, as also provided in KRS 350.151, in promulgating permitting requirements for these operations. (13) Any valid permit issued pursuant to this chapter shall carry with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. An applicant for renewal of a permit shall pay a basic fee set by regulation, not to exceed seven hundred fifty dollars ($750). The holders of the permit may apply for renewal and the renewal shall be issued, provided that on application for renewal the burden shall be on the opponents of renewal, subsequent to the fulfillment of the public notice requirements of this chapter, unless it is established and written findings by the cabinet are made that: (a) The terms and conditions of the existing permit are not being satisfactorily met; (b) The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this chapter; (c) The renewal requested substantially jeopardizes the applicant's continuing responsibility on existing permit areas; (d) The applicant has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested in the application as well as any additional bond the cabinet might require; or (e) Any additional revised or updated information required by the cabinet has not been provided. Prior to the approval of any renewal of permit, the cabinet shall provide notice to the appropriate public authorities. (14) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new areas of surface disturbance shall be subject to the full standards applicable to new applications under this chapter. (15) Any permit renewal shall be for a term not to exceed the period of the original permit. Application for permit renewal shall be made at least one hundred twenty (120) days prior to the expiration of the valid permit. (16) Notwithstanding any of the provisions of this section, a permit shall terminate if the permittee has not commenced the surface coal mining operations covered by the permit within three (3) years of the issuance of the permit. However, the cabinet may grant reasonable extensions of time upon a showing that the extensions are necessary by reason of litigation precluding commencement of operations, or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee. With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time the construction of the synthetic fuel or generating facility is initiated. (17) Each application for a permit or revision for auger mining on a previously mined area shall contain information to describe the area to be affected, to show that the proposed method of operation will result in stable post-mining conditions, and reduce or eliminate adverse environmental conditions created by previous mining activities. If the cabinet determines that the affected area cannot be stabilized and reclaimed subsequent to augering or that the operation will result in an adverse impact to the proposed or adjacent area, the permit or revision shall not be issued. The cabinet shall, consistent with all applicable requirements of this chapter, issue a permit or revision if the applicant demonstrates that the proposed coal mining operations will provide for reduction or elimination of the highwall, or reduction or abatement of adverse impacts resulting from past mining activities, or stabilization or enhancement of a previously mined area. The cabinet shall insure that all reasonably available spoil material will be used to backfill the highwall to the extent practical and feasible; provided, however, that in all cases the holes be properly sealed and backfilled to a minimum of four (4) feet above the coal seam being mined. (18) All operations involving the loading of coal which do not separate the coal from its impurities, and which are not located at or near the mine site, shall be exempt from the requirements of this chapter. Effective: March 27, 2025 History: Amended 2025 Ky. Acts ch. 119, sec. 4, effective March 27, 2025. -- Amended 2017 Ky. Acts ch. 142, sec. 2, effective June 29, 2017. -- Amended 2011 Ky. Acts ch. 102, sec. 1, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 103, sec. 1, effective April 8, 2010. -- Amended 2009 Ky. Acts ch. 79, sec. 11, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 37, sec. 1, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 382, sec. 1, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 429, sec. 5, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 210, sec. 1, effective July 13, 1990; and ch. 212, sec. 4, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 294, sec. 1, effective July 15, 1988; ch. 415, sec. 2, effective July 15, 1988; and ch. 417, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 448, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 144, effective July 13, 1984, ch. 145, sec. 2, effective March 28, 1984; and ch. 358, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 266, sec. 10, effective July 15, 1982 and ch. 283, sec. 3, effective April 2, 1982. -- Amended 1980 Ky. Acts ch. 62, sec. 5, effective March 21, 1980; and ch. 377, sec. 3, effective March 21, 1980. -- Amended 1978 Ky. Acts ch. 330, sec. 23, effective May 3, 1978; ch. 332, sec. 4, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 271, sec. 1. -- Amended 1974 Ky. Acts ch. 69, sec. 1; ch. 74, Art. III, sec. 13(7); ch. 258, sec. 1; and ch. 373, sec. 2. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 65. -- Amended 1972 Ky. Acts ch. 270, sec. 3. -- Amended 1966 Ky. Acts ch. 4, sec. 7. -- Amended 1964 Ky. Acts ch. 61, sec. 3. -- Amended 1962 Ky. Acts ch. 105, sec. 4. -- Amended 1960 Ky. Acts ch. 143, sec. 4. -- Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VII, sec. 6. -- Created 1954 Ky. Acts ch. 8, sec. 6. Legislative Research Commission Note (6/25/2009). Under KRS 7.136(1)(h), the Reviser of Statutes corrected a manifest clerical or typographical error in subsection (6)(f) of this statute by inserting the word "with" before "Single Zone Projection," consistent with the language used in 2009 Ky. Acts ch. 79, sec. 3.

KRS 350.062 Data included in permit application -- Contemporaneous reclamation -- Subsoil augmentation -- Cabinet to compile hydrologic data -- Abandoned land projects classified as government financed construction

350.062. Data included in permit application -- Contemporaneous reclamation -- Subsoil augmentation -- Cabinet to compile hydrologic data -- Abandoned land projects classified as government financed construction (1) Applicants for permits may submit such hydrologic information on the general area prior to mining as may be made available by the cabinet pursuant to subsection (7) of this section and employ the information in any reasonable mathematical water modeling formulation, logical extrapolation from existing data on the same or similar watershed, or other reasonable predictive techniques which regionalize and synthetize historical, geologic, and hydrologic parameters on the general area to determine surface ground water conditions, together with site specific data in determining the probable hydrologic consequences of the proposed mining. (2) Climatological data, average seasonable precipitation, average direction and velocity of prevailing winds, or seasonable temperature ranges shall be submitted by the applicant only when requested by the cabinet on a site-by-site basis. (3) A statement of the result of test borings or core samplings from the permit area, including logs of the drill holes; the thickness of the coal seam found; an analysis of the chemical properties of the coal; the sulfur content of any coal seam to be disturbed; chemical analysis of potentially acid or toxic forming sections of the overburden; or chemical analysis of the stratum lying immediately underneath the coal seam to be mined, may be waived by the cabinet with respect to the specific application by a written determination that the requirements are unnecessary. (4) Applicants may submit fish and wildlife information within the proposed mine plan area and adjacent areas in the form of published data or data otherwise available from state and federal fish and wildlife management, conservation, or regulatory agencies and site-specific information unless the cabinet requires the information based on reasonable grounds to believe that the available data are inaccurate. (5) The cabinet shall provide in its regulations that notwithstanding a permittee's detailed estimated timetable for the reclamation plan in the application, as long as the permittee or operator is in compliance with the contemporaneous reclamation requirements of its regulations, a failure to adhere to the timetable shall not be an independent basis for a violation. (6) The cabinet shall provide in its regulations establishing environmental protection performance standards that a permittee may augment subsoil strata with chemical or organic soil supplement materials produced on site or elsewhere for the purpose of complying with the topsoiling requirements of this chapter if topsoil is of insufficient quality or of poor quality for sustaining vegetation. (7) The cabinet shall compile by September 1, 1980, available background hydrologic information concerning the general areas in which surface coal mining has or may be conducted in the Commonwealth as may be available in standard published form, research reports, studies or data compiled by other state or federal agencies including state-supported colleges and universities, the cabinet's own files, including, at a minimum, quality and quantity of water in surface and ground water systems; minimum, maximum, and average discharge quantities at peak and critical low flow and seasonal variations; dissolved and suspended solids, acidity, pH, iron, and manganese under seasonal flow conditions; and any other background hydrologic information required by the cabinet concerning the hydrologic regime of a general area prior to mining for purposes of making a determination of the probable consequences of the mining; and shall make available to an operator the data and information concerning general areas within ten (10) days of a request in writing. (8) The cabinet shall classify all abandoned mine land program reclamation projects as government financed construction and not surface coal mining operations and the extraction of coal as an incidental part of the projects shall be exempt from the requirements of this chapter and regulations promulgated pursuant thereto. (9) The cabinet shall not arbitrarily deny or unreasonably delay any permit application based upon the information required in this section if the registered professional engineer or geologist or other qualified person has utilized or developed a procedure or analytical method that differs from departmental technical guidelines; provided, that the registered professional engineer or geologist or other qualified person shall design a sampling and testing program based on all available information and on a site-specific basis. The reasons for denial shall be given in writing and shall be reasonably specific. The requirements contained in subsection (3) of this section may be waived for locations where the cabinet determines that adequate information is already available to the cabinet. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 6. effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 283, sec. 4, effective April 2, 1992. -- Created 1980 Ky. Acts ch. 209, sec. 2.

KRS 350.063 Duty of applicant to meet and confer with well operator if permit will disturb access roads

350.063. Duty of applicant to meet and confer with well operator if permit will disturb access roads Prior to the issuance of a permit, if the operation will disturb any roads used as access to an oil or gas well or other oil and gas facility, the permit applicant shall certify that he has met and conferred with, or offered to meet and confer with, the well operator as to the disturbance. Effective: July 14, 1992. History: Created 1992 Ky. Acts ch. 348, sec. 1, effective July 14, 1992.

KRS 350.064 Reclamation bond to be filed by applicant

350.064. Reclamation bond to be filed by applicant (1) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a reclamation bond for performance payable, as appropriate, to the state, and conditional upon faithful performance of all the requirements of this chapter and the permit. The reclamation bond shall cover that area of land within the permit area upon which the applicant will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the cabinet an additional bond or bonds to cover the increments in accordance with this section. (2) The cabinet may approve an alternative system that will achieve the objectives and purposes of the bonding program pursuant to this section. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 3, effective July 14, 2018. -- Amended 1992 Ky. Acts ch. 429, sec. 7, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 417, sec. 2, effective July 15, 1988. -- Created 1980 Ky. Acts ch. 209, sec. 4.

KRS 350.066 Bond posting not required until permit application approved

350.066. Bond posting not required until permit application approved All bonds required to be filed in accordance with KRS 350.060 and 350.064 shall not be required to be filed until the applicant for the permit has been notified in writing by the cabinet that the application for the permit has been approved, with the exception of the bond. Effective: March 9, 1982. History: Created 1982 Ky. Acts ch. 55, sec. 1, effective March 9, 1982.

KRS 350.068 Cancellation of surety

350.068. Cancellation of surety A surety upon receipt of a copy of a notice of noncompliance for failure to maintain contemporaneous reclamation issued to its insured, may notify the insured by certified mail, return receipt requested, that surety on any area disturbed after thirty (30) days from the effective date of the surety's notice may be refused unless the violation is abated. A copy of such notice shall be sent by certified mail, return receipt requested, to the cabinet, and shall become effective upon approval by the cabinet. Within thirty (30) days of receipt of a notice of cancellation, the cabinet shall either accept a suitable substitute bond for the canceled area or shall amend the permit to delete the unbonded acreage or shall revoke the permit for lack of a bond. Proof of the abatement shall be documented by notice to the surety from the cabinet. Nothing contained herein shall be construed to relieve the surety of its liability for areas disturbed within the thirty (30) day notice period. The surety shall remain obligated for the full extent of the bond for reclamation of all areas disturbed prior to the cabinet's approval of the cancellation. Effective: July 13, 1984. History: Created 1984 Ky. Acts ch. 281, sec. 1, effective July 13, 1984.

KRS 350.069 Stringency of regulations

350.069. Stringency of regulations To make the state program no more stringent than the federal program, effective October 1, 1984, the cabinet shall, within thirty (30) days of publication of final rulemaking in the Federal Register, promulgate those regulations that are consistent with and no less effective than the federal regulations promulgated pursuant to Public Law 95-87, the Surface Mining Control and Reclamation Act of 1977 and by having such regulations in full force and effect within sixty (60) days thereafter unless a public hearing is requested. In the event a public hearing is held, the regulations shall be implemented within thirty (30) days after the hearing. Effective: July 13, 1984. History: Created 1984 Ky. Acts ch. 190, sec. 1, effective July 13, 1984.

KRS 350.070 Permit revisions

350.070. Permit revisions (1) Any extensions of the area covered by the permit, except incidental boundary revisions, shall be made by application for another permit or an amendment to the permit. (2) For an amendment, the permittee shall file an application, map, and revised reclamation plan in the same form and with the same content as required for an original application under this chapter. He or she shall pay a basic fee set by regulation and bearing a reasonable relationship to the cost of processing the permit application, not to exceed one thousand seven hundred fifty dollars ($1,750), plus a fee set by regulation, not to exceed seventy-five dollars ($75), for each acre or fraction of an acre for the increase requested. He or she shall file with the cabinet a supplemental bond in the amount to be determined under the provisions of KRS 350.060(11) for each acre or fraction of an acre of the increase approved. This application shall be subject to all of the same requirements as an original application, including, but not limited to, the same public notice, review, and issuance or denial provisions. (3) If the cabinet approves a reduction in the acreage covered by the permit, it shall release the bond for each acre reduced, but the bond shall not be reduced below ten thousand dollars ($10,000). If the cabinet approves a reduction in acreage, it shall transfer the acreage fee for each acre reduced to acreage fees for subsequent permit applications by the permittee. (4) The cabinet shall promulgate regulations specifying the permit application information requirements and procedures, including notice and hearing, which shall apply depending on the scale or extent of a permit revision. Any revision which proposes significant alterations in the reclamation plan shall be subject to the notice and hearing requirements as set forth in the regulations of the cabinet. The applicant for a revision shall pay a basic fee set by regulation, not to exceed seven hundred fifty dollars ($750) for a minor revision and one thousand seven hundred fifty dollars ($1,750) for a major revision, plus a fee set by regulation not to exceed seventy-five dollars ($75), for each acre or fraction of an acre included in an incidental boundary revision. (5) Incidental boundary revisions shall be deemed minor revisions if they: (a) Do not exceed ten percent (10%) of the initial permit acreage; (b) Are contiguous with the permit acreage; (c) Are within the same watershed as the initial permit acreage; (d) Are required for an orderly continuation of the mining operation; (e) Cover the same coal seam or seams as in the permit; (f) Would only involve lands for which the hydrologic and geologic data and the probable hydrologic consequences analysis contained in the permit are applicable to the proposed incidental boundary revision; (g) Would not involve properties designated as unsuitable for mining, or any properties eligible for listing on the National Register of Historic Places; (h) Would not involve any of the special categories of mining listed in 30 C.F.R. Part 785 including, but not limited to, prime farmland and coal preparation plants, unless the approved permit already includes the relevant category; (i) Would not constitute a change in the method of mining; and (j) Would be reclaimed in conformity with the initial reclamation plan. (6) For the purpose of this section, the maximum acreage allowed to be added by an incidental boundary revision shall be as follows: (a) Surface operations shall be allowed up to twenty (20) acres; (b) Surface disturbances of underground mines including, but not limited to, face- up areas and haul roads, shall be allowed up to twenty (20) acres; and (c) The cumulative acreage added by successive revisions shall not exceed the above limitations. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 4, effective July 14, 2018. -- Amended 2010 Ky. Acts ch. 103, sec. 2, effective April 8, 2010. -- Amended 1994 Ky. Acts ch. 301, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 429, sec. 8, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 210, sec. 2, effective July 13, 1990; and ch. 232, sec. 1, effective July 13, 1990; and ch. 308, sec. 1, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 62, sec. 7, -- Amended 1978 Ky. Acts ch. 330, sec. 24, effective May 3, 1978; and ch. 332, sec. 5, effective July 17, 1978. -- Amended 1974 Ky. Acts ch. 69, sec. 2 and ch. 74, Art. III, sec. 13(7). -- Amended 1972 Ky. Acts ch. 270, sec. 4. -- Amended 1966 Ky. Acts ch. 4, sec. 11. -- Amended 1962 Ky. Acts ch. 105, sec. 5. -- Created 1954 Ky. Acts ch. 8, sec. 7.

KRS 350.075 Special permits for remining of previously affected areas -- Administrative regulations

350.075. Special permits for remining of previously affected areas -- Administrative regulations (1) In order to bring about a more desirable land use or promote the public interest and the environment, the cabinet may, at its discretion, issue special permits for the remining of previously affected areas, including but not limited to, secondary coal recovery operations, such as coal extraction from coal refuse piles and coal recovery from slurry ponds. Such permits may provide for alternate requirements for revegetation, topsoil, bonding, premining data collection requirements, water quality requirements where there are pre-existing pollutional discharges resulting from previous mining, and other provisions which may encourage remining and secondary coal recovery. (2) The cabinet is hereby authorized to promulgate administrative regulations as necessary in order to implement the provisions of this section. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 37, sec. 2, effective July 12, 2006. -- Created 1986 Ky. Acts ch. 266, sec. 1, effective July 15, 1986.

KRS 350.080 Procedure for obtaining approval of other mining operations -- Deferral of reclamation

350.080. Procedure for obtaining approval of other mining operations -- Deferral of reclamation A permittee may conduct other mining operations from premises covered by a strip mining permit with approval of the cabinet, subject to the provisions of KRS Chapters 351 and 352. In applying to the cabinet for the approval, he shall furnish the cabinet with a revised copy of the map of the area on which his permit was based on which he shall designate other mining locations, the location of outside haulageways, and other parts of the area necessary to the conduct of other mining operations. The cabinet may authorize the permittee to defer the reclamation of the area covered by the operations during such time as other bona fide mining operations are carried out. The bond covering that area shall remain in effect until reclamation of it has been completed by the permittee under a plan approved by the cabinet. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 9, effective July 14, 1992. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 66. -- Created 1954 Ky. Acts ch. 8, sec. 8.

KRS 350.085 Denial of permits and operations -- Deletion of land areas

350.085. Denial of permits and operations -- Deletion of land areas (1) No application for a permit and no operation shall be approved or allowed by the cabinet if there is found on the basis of the information set forth in the application that the requirements of this chapter or administrative regulations will not be observed or that there is not probable cause to believe that the proposed method of operation, backfilling, grading, or reclamation of the affected area can be carried out consistent with the purpose of this chapter. (2) If the cabinet finds that the overburden on any part of the area of land described in the application for a permit is such that experience in the Commonwealth with a similar type of operation upon land with similar overburden shows that substantial deposition of sediment in stream beds, landslides, or acid water pollution cannot feasibly be prevented, the cabinet may delete the part of the land described in the application upon which that overburden exists. (3) Subject to valid existing rights, no surface coal mining operations except those which existed on or before August 4, 1977, shall be permitted within three hundred (300) feet from any occupied dwelling unless waived by the owner, nor within three hundred (300) feet of any public building, school, church, community, or institutional building, public park, or within one hundred (100) feet of a cemetery. The cabinet shall not issue a permit if it finds that the operation will constitute a hazard to or do physical damage to a dwelling house, public building, school, church, cemetery, commercial or institutional building, public road, stream, lake, or other public property. The cabinet shall delete the areas from the permit application or operation. (4) Subject to valid existing rights, no surface coal mining operations except those which existed on or before August 4, 1977, shall be permitted within one hundred (100) feet of the outside right-of-way line of any public road, except where mine access roads or haulage roads join the right-of-way line. The cabinet shall permit the roads to be relocated or the area affected to lie within one hundred (100) feet of the road if, after public notice and opportunity for public hearing in the locality, a written finding is made that the interest of the public and the affected land owner will be protected, and shall not approve the application for a permit where the surface coal mining operation will adversely affect a wild river established pursuant to KRS Chapter 146, a state park or place listed on the National Register of Historic Places unless adequate screening and other measures as approved by the cabinet are incorporated into the permit application. (5) Subject to valid existing rights, no surface coal mining operations except those which existed on August 4, 1977, shall be permitted on any privately owned lands within the boundaries of units of the National Park System, the National Wildlife Refuge Systems, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act and national recreation areas designated by Act of Congress. (6) If based on the information provided pursuant to KRS 350.060(3)(h) and other relevant information, the cabinet finds that any surface coal mining and reclamation operation owned or controlled by the applicant is currently in violation of this chapter or other requirements listed pursuant to KRS 350.060(3)(h), the cabinet shall not issue the permit or permit renewal until the applicant submits proof satisfactory to the cabinet that the violation has been corrected or is in the process of being corrected. It shall be grounds to deny a permit or permit renewal if the cabinet, based on any information available to it and after a hearing, makes a finding that the applicant, or the operator specified in the application has demonstrated a pattern of willful violations pursuant to KRS 350.130(3). (7) The prohibition of subsection (6) of this section shall not apply to a permit applicant with a violation resulting from an unanticipated event or condition at a surface coal mining operation on lands eligible for and under a permit for remining held by the applicant. As used in this subsection, the term "violation" has the same meaning as the term has under subsection (6). After September 30, 2004, the period of authority of this subsection shall be coincident with the period of authority of sec. 510(e) of Pub. L. No. 95-87, the "Surface Mining Control and Reclamation Act of 1977," as amended, 30 U.S.C. sec. 1260(e). Effective: March 18, 2005 History: Amended 2005 Ky. Acts ch. 114, sec. 1, effective March 18, 2005. -- Amended 1994 Ky. Acts ch. 172, sec. 2, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 210, sec. 3, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 62, sec. 8. -- Amended 1978 Ky. Acts ch. 330, sec. 16, effective May 3, 1978. -- Amended 1974 Ky. Acts ch. 69, sec. 3 and ch. 74, Art. III, sec. 13(7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 67. -- Created 1966 Ky. Acts ch. 4, sec. 10.

KRS 350.090 Method of operation, grading, backfilling, and reclamation plans -- Funding from reclamation development fund -- Waste materials in permit area only -- Exclusions

350.090. Method of operation, grading, backfilling, and reclamation plans -- Funding from reclamation development fund -- Waste materials in permit area only -- Exclusions (1) Under the provisions of this chapter and administrative regulations adopted by the cabinet, a permittee shall prepare and the permittee or operator shall carry out a method of operation, plan of grading and backfilling, and a reclamation plan for the area of land affected by his operation. The reclamation plan shall include a requirement to permanently remove all electrical distribution installations on the surface owned by the permittee, including poles, wires, attachments, and other appurtenances related to the delivery of electric service in the permit area, except where: (a) The electrical distribution installations are being used or will be used by a local distribution entity to provide electrical service to persons other than the permittee at the permit area; or (b) The cabinet specifically has approved the retention of the electrical distribution installations to facilitate the approved post-mining land use for the permit in the reclamation plan. (2) In developing a method of operation, and the plans of backfilling, grading, removing electric distribution poles and wires, and reclamation, all measures shall be taken to eliminate potential hazards from electrical distribution poles and wires to low-flying aircraft and damages to members of the public and their real and personal property, public roads, streams, and all other public property from soil erosion, rolling stones and overburden, water pollution, and hazards dangerous to life and property. The permit application containing the required plans and other information as required shall be submitted to the cabinet, and the cabinet shall notify the applicant by certified mail, return receipt requested, within sixty-five (65) cumulative working days after receipt of a complete application whether the permit application is acceptable. If applicable notice, hearing, and conference procedures prevent a decision from being issued within the sixty-five (65) cumulative working day period, the cabinet shall have additional reasonable time to issue its decision, not to exceed twenty (20) days from the completion of the notice, hearing, and conference procedures. If the permit application is not acceptable, the cabinet shall set forth the reasons for which the application or plans are not acceptable and it may propose modifications, delete areas, or reject the entire application. If the applicant disagrees with the decision of the cabinet, he or she may, by written notice, request a hearing conducted by the cabinet in the manner provided by KRS 350.0305. The cabinet shall notify the applicant by certified mail, return receipt requested, within twenty (20) days after the hearing of its decision. Any person aggrieved by a final order of the cabinet may appeal through the courts as set forth in KRS 350.0305. (3) If the permittee desires to seek funds from the reclamation development fund to develop an economic development unit during reclamation, the permittee shall submit, along with the reclamation plan, a reclamation development plan outlining the reclamation development project and showing how it will conform with the reclamation standards of this chapter. (4) No permittee, operator, or person shall throw, dump, pile, or permit the dumping, piling, or throwing, or otherwise placing any overburden, stones, rocks, coal, particles of coal, earth, soil, dirt, debris, trees, wood, logs, or any other materials or substances of any kind or nature beyond or outside of the area of land which is under permit and for which bond has been posted under KRS 350.060 or place these materials in such a way that normal erosion or slides brought about by natural physical causes will permit the materials to go beyond or outside of the area of land which is under permit and for which bond has been posted under KRS 350.060. (5) The provisions of subsections (1) and (2) of this section pertaining to the removal of electric installations from the permit area shall not apply to electrical transmission lines, poles, wires, attachments, or other appurtenances related to electrical transmission. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 140, sec. 1, effective July 15, 2014. -- Amended 2006 Ky. Acts ch. 37, sec. 3, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 304, sec. 4, effective July 14, 1992; and ch. 429, sec. 10, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 206, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 383, sec. 19, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 145, sec. 6, effective March 28, 1984. -- Amended 1980 Ky. Acts ch. 62, sec. 9 and ch. 114, sec. 98, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 330, sec. 17, effective May 3, 1978. -- Amended 1976 Ky. Acts ch. 341, sec. 1. -- Amended 1974 Ky. Acts ch. 315, sec. 74. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7); and ch. 315, sec. 74. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 68. -- Amended 1966 Ky. Acts ch. 4, sec. 12. -- Amended 1964 Ky. Acts ch. 61, sec. 4. -- Amended 1960 Ky. Acts ch. 143, sec. 5. -- Created 1954 Ky. Acts ch. 8, sec. 9. Legislative Research Commission Note (7/15/2014). In codification, the Reviser of Statutes has corrected the misplacement of some of the language added to subsection (2) of this statute from the way it appeared in 2014 Ky. Acts ch. 140, sec. 1, under the authority of KRS 7.136(1)(h). Neither the added language nor the meaning was changed. Legislative Research Commission Note (7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250.

KRS 350.093 Time and distance limits on reclamation efforts -- Deferments -- Drift or other underground mining -- Variances -- Release of bond

350.093. Time and distance limits on reclamation efforts -- Deferments -- Drift or other underground mining -- Variances -- Release of bond (1) As determined by administrative regulations of the cabinet, time and distance limits shall be established requiring backfilling, grading, and planting to be kept current, so that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable under regulations promulgated by the cabinet. All backfilling and grading shall be completed before necessary equipment is moved from the operation; except that the cabinet may for good cause approve the moving of equipment before all backfilling and grading is completed. (2) (a) The cabinet may allow a permittee to defer the time criteria of contemporaneous reclamation requirements on specified areas if the permittee can demonstrate that the deferment is necessary to address at least one (1) of the following: 1. Adverse condition including weather, labor, and other conditions clearly beyond the permittee's control; 2. Other bona fide mining operations carried out on a strip mined area, pursuant to KRS 350.080; or 3. Coal marketing problems. (b) Application for a deferment pursuant to this section shall be in the form prescribed by the cabinet. The applicant shall have the burden of establishing the need for the deferment. The applicant for the deferment shall demonstrate that reclamation on the site is contemporaneous as of the date of the request for deferment and that distance requirements for contemporaneous reclamation will be met during the period of the deferment. Approval of the deferment request shall be made in writing. The approval shall state that the deferment is justified and that no environmental damage will occur during the period of deferment. Reclamation deferments may be approved for a period reasonably related to the specified conditions justifying the deferment, but the aggregate deferral period shall not exceed thirty (30) months. The deferral shall not extend beyond the expiration date of the permit. The cabinet shall periodically reexamine and update the amount of the bond on the permit area so that the amount of the bond is sufficient to assure completion of reclamation if the work had to be performed by the cabinet in the event of forfeiture. (3) If the permittee or operator desires to conduct drift mining or other underground mining upon the premises or use the openings for haulageways or other lawful purposes, the permittee or operator may designate locations to be used for purposes at which places it will not be necessary to backfill until the drift or other underground mining or other use is completed, during which time the bond on file for that portion of the operation shall not be released. That portion of the locations shall be described and designated on the map attached thereto. If the permittee or operator wishes to combine surface operations with underground mining operations to assure maximum practical recovery of coal resources, the cabinet may grant a variance, pursuant to regulations promulgated by the cabinet, for specific areas within the reclamation plan from the requirement that reclamation efforts proceed pursuant to subsection (1) of this section so as to permit underground mining operations prior to reclamation. (4) The cabinet may release in whole or in part the reclamation bond or deposit for a particular operation if the cabinet is satisfied that the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this chapter. These bond releases shall be made in accordance with the following schedule: (a) When the permittee completes the backfilling, regrading, and drainage control of a bonded area in accordance with his approved reclamation plan, the release of sixty percent (60%) of the bond or collateral for the applicable permit area. (b) After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, additional bond or collateral for the applicable permit shall be released. When determining the amount of bond to be released after successful revegetation has been established, the cabinet shall retain that amount of the bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation; this amount shall be retained for the period specified for permittee responsibility for reestablishing revegetation. No part of the bond or deposit shall be released under this subsection as long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of requirements set by this chapter or until soil productivity for prime farm lands has returned to levels of yield equivalent to those of unmined land of the same soil type in the surrounding area under equivalent management practices as determined from soil surveys that may be required to be included in the permit application. If a sedimentation pond is to be retained as a permanent impoundment, the portion of bond may be released under this subsection so long as provisions for sound future maintenance by the permittee or the landowner have been made with the cabinet. (c) When the permittee has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, or collateral, but not before the expiration of the period specified for permittee responsibility. No bond shall be fully released until all reclamation requirements of this chapter are fully met. (5) Upon satisfying the requirements of subsections (4)(a), (b), or (c) of this section, the permittee may file, or the cabinet shall initiate, an application for total or partial bond release. (a) A permittee shall have the right to begin public advertisement of its request for bond release at the time it files its request for the release. The cabinet may undertake, at permittee expense, public advertisement of any cabinet initiated bond release. If the cabinet initiates a bond release pursuant to this subsection but chooses not to advertise the release pursuant to this section, and the permittee does not advertise the request for the release within the time schedules established by this subsection, the bond release application shall be denied. All public advertisements of bond release applications, whether authorized by the permittee or the cabinet, shall begin within sixty (60) days after either the filing of a bond release request by the permittee or the initiation of a bond release by the cabinet. Public advertisement shall occur at least once a week for four (4) successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. (b) The public advertisement required by this subsection shall include: the permit number and permit approval date, notification of the precise location of the land affected, the number of acres, the type and amount of the bond filed and the portion sought to be released, the type and appropriate dates of reclamation work performed, a description of the results achieved as they relate to the operator's approved reclamation plan, and the name and address of the cabinet to which written comments, objections, or requests for public hearings and informal conferences on the specific bond release may be submitted. Proof of advertisement shall be placed with the bond release application within thirty (30) days after the advertisement. (c) Within thirty (30) days of filing of any bond release request, the permittee shall submit copies of letters which it has sent to adjoining property owners, local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality in which the surface coal mining and reclamation operation took place, notifying them of the intention to seek release from the bond. For bond releases initiated by the cabinet, the cabinet shall undertake the notification requirements set forth in this subsection. (d) Upon the filing of an application for bond release by a permittee, or the initiation of the release by the cabinet, the cabinet shall notify, within thirty (30) days of the filing or initiation, the municipality where the surface coal mining operation is located, pursuant to regulations promulgated by the cabinet. (6) Upon the filing of any partial or total bond release request by a permittee, the cabinet shall within thirty (30) days conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface or subsurface water is occurring, the probability of continuance of future occurrence of the pollution, and the estimated cost of abating the pollution. (7) The cabinet shall notify the permittee in writing of its decision to release or not to release all or part of the performance bond or deposit within five (5) days following receipt of proof of public advertisement as required in subsection (5)(b), or the end of the thirty (30) day public comment period, whichever is later, if no public hearing is held pursuant to subsection (10) of this section; and if there has been a public hearing held pursuant to subsection (10) of this section, within thirty (30) days thereafter. (8) If the cabinet disapproves the application for release of the bond or portion thereof, the cabinet shall notify the permittee, in writing, stating the reasons for disapproval and recommending corrective actions necessary to serve the release and allowing opportunity for a public hearing. The cabinet shall not disapprove an application for release of a surety bond or a bond secured by a letter of credit as provided for under subsection (4)(a) or (b) of this section or under the partial release provisions applicable to an interim permit, or take any action to forfeit the surety bond, or bond secured by letter of credit, solely upon the permittee's failure to pay penalties or fines, if applicable reclamation requirements for the requested release have been fully met. The cabinet shall not continue to hold under the interim or permanent program remaining surety bond proceeds or the remaining bond secured by a letter of credit where a forfeiture has occurred solely as a result of a failure to pay penalties or fines, if the reclamation requirements of this chapter have been fully met. (9) The bond liability of the permittee shall include only those actions which the permittee is obliged to take under the permit, including completion of the reclamation plan. (10) Any person having a valid legal interest which might be adversely affected by release of the bond, and the responsible officer or head of any governmental agency so designated by cabinet regulations, shall have the right to file written objections to the proposed bond release with the cabinet, and to request a hearing in accordance with procedural regulations promulgated by the cabinet. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 37, sec. 4, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 429, sec. 11, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 210, sec. 4, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 209, sec. 1, effective July 15, 1988; and ch. 294, sec. 2, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 145, sec. 3, effective March 28, 1984. -- Amended 1982 Ky. Acts ch. 283, sec. 5, effective April 2, 1982. -- Amended 1980 Ky. Acts ch. 62, sec. 10, effective March 21, 1980. -- Amended 1978 Ky. Acts ch. 33, sec. 18, effective May 3, 1978. -- Amended 1976 Ky. Acts ch. 341, sec. 2, -- Amended 1974 Ky. Acts ch. 69, sec. 4; ch. 74, Art. III, sec. 13(7); and ch. 399, sec. 1, -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 69. -- Created 1966 Ky. Acts ch. 4, sec. 8.

KRS 350.095 Responsibility for successful revegetation -- Cabinet administrative regulations

350.095. Responsibility for successful revegetation -- Cabinet administrative regulations (1) The permittee shall assume responsibility for successful revegetation as required in KRS 350.435 for a period of five (5) full years after the last year in which augmented seeding, fertilizing, irrigation, or other work occurs. The cabinet shall promulgate administrative regulations which shall include provisions to assure compliance with KRS 350.435, 350.093, and other applicable provisions. The cabinet may by administrative regulation set forth different requirements when it approves a long-term, intensive, agricultural postmining land use as part of the mining and reclamation plan. (2) On lands eligible for remining, the permittee shall assume the responsibility for successful revegetation for a period of two (2) full years after the last year in which augmented seeding, fertilizing, irrigation, or other work occurs in order to assure compliance with the applicable standards. After September 30, 2004, the period of authority of this subsection shall be coincident with the period of authority of sec. 515(b)(20)(B) of Pub. L. No. 95-87, the "Surface Mining Control and Reclamation Act of 1977," as amended, 30 U.S.C. sec. 1265(b)(20)(B). Effective: March 18, 2005 History: Amended 2005 Ky. Acts ch. 114, sec. 2, effective March 18, 2005. -- Amended 1994 Ky. Acts ch. 172, sec. 3, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 429, sec. 12, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 62, sec. 11. -- Amended 1978 Ky. Acts ch. 330, sec. 19, effective May 3, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 70. -- Created 1966 Ky. Acts ch. 4, sec. 9

KRS 350.097 Protection and location of pollinator habitats on coal mine reclamation sites

350.097. Protection and location of pollinator habitats on coal mine reclamation sites The General Assembly finds that the reclamation of coal mine sites can benefit from pollinator habitat sites. These sites are an important conservation resource which will encourage and protect the habitat for pollinators like honeybees, bumble bees, and other bee species. The protection and location of pollinator sites situated on mine sites can increase the revegetation rates during the reclamation period which supports soil and hydrologic stability. Therefore, the General Assembly hereby directs the cabinet to develop a plan in conjunction with the Division of Conservation to encourage coal licensees to locate and protect pollinator sites on reclamation sites and to use high-value trees and shrubs to aid in pollen transfer. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 19, sec. 1, effective July 15, 2010.

KRS 350.100 Time for commencement and completion of reclamation -- Deferred planting

350.100. Time for commencement and completion of reclamation -- Deferred planting (1) It shall be the duty of a permittee and operator to commence the reclamation of the area of land affected by the operation as contemporaneously as practicable after the beginning of operations on that area in accordance with plans previously approved by the cabinet. The grading, backfilling, and water management practices that are approved in the plans shall be kept current with the operation as defined by regulations of the cabinet and no permit renewal or revision shall be issued, if, under the regulations of the cabinet, these practices are not current; (2) If an investigation indicates that planting so as to provide vegetative cover of an area of land affected by surface coal mining may not be successful, consistent with subsection (1), the cabinet may authorize the permittee or person to defer the planting until the soil and/or weather has become suitable for that purpose. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 13, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 62, sec. 12. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 71. -- Amended 1966 Ky. Acts ch. 4, sec. 15. -- Amended 1964 Ky. Acts ch. 61, sec. 5. -- Amended 1962 Ky. Acts ch. 105, sec. 6. -- Created 1954 Ky. Acts ch. 8, sec. 10.

KRS 350.105 Easement of necessity to conduct reclamation operations

350.105. Easement of necessity to conduct reclamation operations (1) An easement of necessity for the completion of reclamation activities, created by this subsection, requires satisfaction of these circumstances: (a) An entity has, by court order or approved plan of reorganization, become responsible for performance of reclamation under a surface coal mining and reclamation permit issued by the cabinet pursuant to KRS Chapter 350 prior to July 12, 2006; (b) The entity obtained those permit rights and obligations in connection with a bankruptcy proceeding; (c) The permit holder's right to enter upon some portion or all of the property covered by such permit is derived from a leasehold interest in the property; and (d) The lease authorizing the conducting of surface coal mining and reclamation operations was held by an entity other than the entity responsible for reclamation and has expired or was terminated prior to completion of reclamation operations for that leased property. (2) Upon satisfaction of paragraphs (a) to (d) of subsection (1) of this section and all other obligations provided for in this section, the entity responsible for the performance of reclamation shall be deemed by operation of law to have an "easement of necessity to conduct reclamation operations" for such property as was under the expired or terminated lease. The easement of necessity to conduct reclamation operations shall exist for a period of time that is reasonably necessary for the entity responsible for the reclamation to complete any reclamation operations required by the permit and by KRS Chapter 350, but in no case shall the easement of necessity to conduct reclamation operations exist longer than eight (8) years from the date the easement is created pursuant to this section. (3) In order to create the easement of necessity to conduct reclamation operations, the entity responsible for the performance of reclamation shall: (a) Provide to the permitting agency, with a certified copy to the current surface owner, documentation to establish the satisfaction of the conditions imposed by this section and receive from the permitting agency a written determination that the permitted area for which the easement of necessity is requested falls within the conditions of this section; and (b) Compensate the current surface owner with the fair rental value of the property for the reclamation period, including the extended liability period prior to the final bond release on the formerly leased property, as follows: 1. The entity responsible for the reclamation shall provide a written opinion by a qualified appraiser as to the fair rental value and the basis for the determination; 2. The surface owner and the entity responsible for the reclamation shall attempt to reach agreement as to the amount of the appropriate compensation; and 3. If no agreement is reached as to the amount of appropriate compensation within fifteen (15) days following receipt by the surface owner of the written offer of compensation from the entity responsible for reclamation and the appraisal report, the entity responsible for reclamation shall pay into an escrow account for the benefit of the current surface owner in a bank authorized to do business in the Commonwealth an amount equal to the written offer by the entity responsible for reclamation, which shall be not less than fifteen thousand dollars ($15,000) for the first three (3) years of the reclamation and liability period. The entity responsible for the reclamation shall provide the current owner with the location of the escrow account. (4) After subsection (3)(b)3. of this section is satisfied, the entity responsible for reclamation shall have the immediate right of entry solely to perform reclamation as required by the permit and state law. (5) If the surface owner believes the amount placed in escrow is insufficient compensation, the owner may bring an action in the Circuit Court in the county in which the property in question is located for a determination of the fair rental value of the property. (6) Following the first payment, five thousand dollars ($5,000) or the appraised fair rental value, whichever is greater, shall be paid to the current surface owner for each year of reclamation and extended liability period until the final bond release and shall be paid on the first day of each subsequent year beginning with the fourth year. (7) After July 15, 2008, no new easement of necessity to conduct reclamation operations created by this section shall be deemed to exist by operation of law, except for continuation of such easements that were created prior to July 15, 2008. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 58, sec. 1, effective July 12, 2006.

KRS 350.110 Repealed, 1990

350.110. Repealed, 1990 Catchline at repeal: Partial release of bond when planting deferred. History: Repealed 1990 Ky. Acts ch. 210, sec. 14, effective July 13, 1990. -- Amended 62, sec. 13. -- Amended 1978 Ky. Acts ch. 105, sec. 1, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 341, sec. 3. -- Amended 1974 Ky. Acts ch. 69, sec. 5; and ch. 74, Art. III, sec. 13(7). -- Amended 1966 Ky. Acts ch. 4, sec. 17. -- Amended 1962 Ky. Acts ch. 105, sec. 8. -- Created 1954 Ky. Acts ch. 8, sec. 11.

KRS 350.113 Planting report

350.113. Planting report (1) When the planting of a permit area is completed, the permittee shall file a planting report with the cabinet on a form to be prescribed and furnished by the cabinet, giving the following information: (a) Identification of the operation; (b) The type of planting or seeding, including mixtures and amounts; (c) The date of planting or seeding; (d) The area of land planted; (e) Other relevant information, including whether the operator has utilized a pollinator colony, as the cabinet may require. (2) All planting reports shall be certified. (3) Inspection and evaluation for vegetative cover shall be made as soon as it is possible to determine if a satisfactory stand has been established. In no instance shall this vegetative cover check be made until just prior to or after the completion of the first growing season. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 19, sec. 3, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 429, sec. 14, July 14, 1992. -- Amended 1990 Ky. Acts ch. 210, sec. 5, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 332, sec. 6, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Created 1966 Ky. Acts ch. 4, sec. 16.

KRS 350.117 Ownership of trees, shrubs, and plants

350.117. Ownership of trees, shrubs, and plants All trees, shrubs, grasses, and legumes required by this chapter and regulations to be planted or seeded on the area of land affected shall become the property of the landowner, unless the permittee and the landowner agree otherwise. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 15, July 14, 1992. -- Created 1966 Ky. Acts ch. 4, sec. 14.

KRS 350.120 Report on expiration of permit -- Contents

350.120. Report on expiration of permit -- Contents Within sixty (60) days after the date of expiration of a permit, the permittee shall file with the cabinet a report stating the exact number of acres of land affected by the operation, the extent of the reclamation already accomplished by him, and such other information as may be required by the rules and regulations of the cabinet. The report shall be accompanied by a copy of the map filed with the original application which shall show any revisions made necessary by results of the operation. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 16, effective July 14, 1992. -- Amended 1966 Ky. Acts ch. 4, sec. 18. -- Amended 1964 Ky. Acts ch. 61, sec. 6. -- Amended 1962 Ky. Acts ch. 105, sec. 9. -- Created 1954 Ky. Acts ch. 8, sec. 12.

KRS 350.130 Notice of noncompliance -- Revocation of permit -- Bond forfeiture -- Ineligibility for future permits -- Notice or order effective upon delivery

350.130. Notice of noncompliance -- Revocation of permit -- Bond forfeiture -- Ineligibility for future permits -- Notice or order effective upon delivery (1) When any of the requirements of this chapter or administrative regulations adopted pursuant thereto or the orders of the cabinet have not been complied with, the cabinet shall forthwith cause a notice of noncompliance to be issued upon the permittee, person, or operator. The cabinet shall set forth in its notice a reasonable time period but not more than ninety (90) days for the abatement of the violation. If any permittee, person, or operator has not abated the violation within the time prescribed in the notice of noncompliance, the secretary or other authorized personnel of the cabinet shall issue to the permittee, operator, or person an order for immediate compliance and cessation of any mining activities or operations which are contributing to the violation. The order shall require the permittee, person, or operator to abate the violation in the most expeditious manner possible. The secretary is authorized to promulgate reasonable administrative regulations for the implementation of this section. The notice or order shall be handed to the person in charge of the operation and the operator or person engaged in coal exploration operations or sent by certified mail, return receipt requested, addressed to the permanent address shown on the application for a permit; or by electronic mail to the address shown on the permit application or otherwise voluntarily provided to the cabinet by the permittee on a form prepared by the cabinet; or, if no address is shown on the application, then by certified or electronic mail to the address known to the cabinet. The notice of noncompliance or order for immediate compliance and cessation shall specify in what respects the permittee, person, or operator has failed to comply with this chapter or the regulations or orders of the cabinet and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the surface coal mining and reclamation operation to which the notice or order applies. If the permittee, person, or operator has not reached an agreement with the cabinet or has not complied with the requirements set forth in the notice of noncompliance or order for immediate compliance and cessation within time limits set therein, the permit may be revoked or the operation terminated, after an opportunity for a hearing, by order of the cabinet, and the performance bond, if any, shall then be forfeited to the cabinet, provided that failure to attend a hearing shall be excused for good cause shown. Any bonding company or financial institution providing bond to the cabinet shall have the right to perform those measures necessary to secure bond releases if the bonding company or financial institution can demonstrate that it has the ability to perform the measures and will undertake to do so within a reasonable time frame. The bonding company, or financial institution providing the bond, may, at any stage of the reclamation process, pay the remaining encumbered balance of the bond and thereby discharge its obligation under the bond. Neither the surety company nor the financial institution may employ anyone to perform the measures who has been barred from mining pursuant to the provisions of this chapter. (2) When a bond is forfeited consistent with the provisions of this chapter, the cabinet shall forfeit the entire amount of the bond for the permit area or increment. (3) A permittee, operator, or person whose mining permit or operation has been revoked, suspended, or terminated or is at the time of the application in violation of this chapter or other applicable requirements as set forth in KRS 350.085 shall not be eligible to receive another permit or begin another operation or to have suspended permits or operations reinstated until he shall have complied with all the requirements of this chapter or submitted proof satisfactory to the cabinet under KRS 350.085 that the violation has been corrected or is in the process of being corrected in respect to all permits issued him, provided, further, that no permittee, operator, or person shall be eligible to receive another permit or begin another operation who has forfeited any bond unless the land for which the bond was forfeited has been reclaimed without cost to the state or the permittee, operator, or person has paid such sum as the cabinet finds is adequate to reclaim the lands. The cabinet shall not issue any permits to or allow future operations by any permittee, operator, or person who has demonstrated a pattern of willful violations of this chapter of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of this chapter, provided that no permit shall be denied on this basis without an opportunity for a hearing. The secretary shall promulgate regulations which implement this section. For the purposes of this section, if a corporate permittee has demonstrated a pattern of willful violations, then any subsequent application for a permit by that corporation, or any person who controls or has controlled that corporation, shall be denied. (4) In the exercise of the secretary's enforcement powers and authority under this chapter, the secretary, or an authorized representative of the cabinet, after inspection, shall immediately order the cessation of the condition or operation when he determines that the condition or operation creates an imminent danger to the health or safety of the public or that the condition or operation is causing or can reasonably be expected to cause significant imminent environmental harm in violation of this chapter or the regulations pursuant to this chapter, or any permit condition. For purposes of this subsection, "imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement. (5) Each provision of this section shall be interpreted and applied consistently with due process of law. (6) The secretary, or authorized representatives of the cabinet, shall have the power to vacate, amend, modify, or terminate notices of noncompliance and cessation orders, pursuant to administrative regulations promulgated by the cabinet. (7) Service of any notice or order by electronic mail shall be effective upon delivery of the notice or the order to the recipient's inbox by electronic mail as electronically communicated to the cabinet by an electronic registered receipt. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 114, sec. 2, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 120, sec. 2, effective July 14, 1992; and ch. 429, sec. 17, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 210, sec. 6, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 294, sec. 3, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 283, sec. 6, effective April 2, 1982. -- Amended 1980 Ky. Acts ch. 114, sec. 99, effective July 15, 1980; ch. 62, sec. 14, effective March 21, 1980; and ch. 377, sec. 11, effective March 21, 1980. -- Amended 1978 Ky. Acts ch. 105, sec. 2, effective June 17, 1978 and ch. 330, sec. 20, effective May 3, 1978. -- Amended 1974 Ky. Acts ch. 69, sec. 6; and ch. 74, Art. III, sec. 13(7); ch. 315, sec. 75; and ch. 399, sec. 2. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 72 . -- Amended 1966 Ky. Acts ch. 4, sec. 19. -- Amended 1964 Ky. Acts ch. 61, sec. 7. -- Amended 1962 Ky. Acts ch. 105, sec. 10. -- Created 1954 Ky. Acts ch. 8, sec. 13.

KRS 350.131 Use of forfeited reclamation bond funds -- Contract to reclaim overlapped disturbed area for which bond has been forfeited and collected

350.131. Use of forfeited reclamation bond funds -- Contract to reclaim overlapped disturbed area for which bond has been forfeited and collected (1) When a bond for an interim or preinterim program permit was forfeited prior to July 15, 1988, by the cabinet, and the entire forfeited amount is not necessary to establish proper drainage and revegetation on the permit area for which it was submitted, the cabinet may use any remaining funds to supplement reclamation of other forfeited or released permit areas, if the other permit areas endanger public health and safety. (2) When the bond for an interim or permanent program permit is forfeited by the cabinet, and the entire forfeited amount is more than the amount necessary to complete reclamation, the unused funds less any interest that has accrued shall be returned to the party from whom they were collected, subject to the cabinet's right to attach or set off the proceeds under other state laws. (3) Notwithstanding any other provisions of this chapter or the provisions of KRS Chapter 45A, when the bond, other than a surety bond or bond secured by a letter of credit, for an interim or permanent program permit is forfeited and collected by the cabinet, and a person subsequently applies for a permit overlapping all or part of the disturbed area of the permit area for which the bond is forfeited, the cabinet may negotiate and enter into a contract with the applicant to reclaim the disturbed area overlapped in exchange for all or part of the forfeited bond funds held by the cabinet, if requested by the applicant. If the applicant proposes to overlap only a part of the disturbed area the cabinet may enter into a contract with the applicant to reclaim the overlapped part of the disturbed area if the cabinet has retained a portion of the forfeited bond that is sufficient for the cabinet to reclaim the part of the disturbed area that is not overlapped. Any applicant under this subsection shall not be eligible for the benefits available under this subsection if the applicant has any ownership or control connection with the permittee or operator with respect to which the bond was forfeited. The amount of forfeited bond funds the cabinet may pay to the applicant shall be determined by the cabinet based upon the estimated cost for the cabinet to reclaim the disturbed area overlapped to the reclamation standards applicable to the original permit, but not to exceed the forfeited bond amount collected and held by the cabinet. Payments under this subsection shall be made only after release of the bond pursuant to KRS 350.093(4)(a) for those areas of the overlapping permit that are covered by the contract. If the applicant obtains a permanent program permit overlapping a forfeited interim permit, any disturbances created in connection with the overlapping permit on areas that were disturbed under the forfeited interim permit may be covered by a contract under this subsection and shall be reclaimed to permanent program standards. Areas where coal is not removed under the overlapping permit and the disturbances are for reclamation of the interim permit only shall be reclaimed to interim program standards. If the applicant obtains a permanent program permit overlapping a forfeited interim permit, any disturbances created in connection with the overlapping permit on areas that were not disturbed under the forfeited interim permit shall not be covered by a contract under this subsection and shall be reclaimed to permanent program standards. Nothing in this subsection shall be construed to exempt a person from the permitting, bonding, and reclamation requirements imposed in this chapter or to infringe upon the right of any surety to reclaim any permit or increment thereof to avoid bond forfeiture. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 222, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 323, sec. 1, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 294, sec. 4, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 451, sec. 1, effective July 15, 1986.

KRS 350.133 Mountaintop removal

350.133. Mountaintop removal Nothing in this chapter shall prohibit the mountaintop removal method of strip mining coal under the conditions set forth in this chapter or regulations promulgated pursuant thereto. Effective: May 3, 1978 History: Amended 1978 Ky. Acts ch. 330, sec. 21, effective May 3, 1978. -- Created 1974 Ky. Acts ch. 399, sec. 3.

KRS 350.135 Requirements for transfer of surface coal mining permit -- Release of bond -- Regulations -- Approval by cabinet

350.135. Requirements for transfer of surface coal mining permit -- Release of bond -- Regulations -- Approval by cabinet (1) No surface coal mining permit issued pursuant to this chapter shall be transferred by sale, assignment, lease, or otherwise except upon the written approval by the cabinet of a joint application submitted by both the transferor and the transferee. A basic fee set by regulation, and bearing a reasonable relationship to the cost of processing the transfer, but not to exceed seven hundred fifty dollars ($750) shall accompany the application and no acreage fee will be assessed. The transferee shall file with the application a bond satisfactory to the cabinet which shall ensure reclamation of the entire area of land affected under the permit, including areas previously affected by the transferor. All rights and liabilities under the permit shall pass to the transferee upon written approval of the transfer by the cabinet, except that the transferor shall remain liable for any civil penalties resulting from violations occurring prior to the date of approval of the transfer. The cabinet shall not approve transfer of a surface coal mining permit to any person who would be ineligible to receive a new permit under this chapter. (2) After the cabinet has given its written approval to the transfer, the transferee may conduct surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee. Any transferee seeking to change the conditions of mining or reclamation operations, or any of the terms or conditions of the original permit, shall apply for a new or revised permit pursuant to the requirements of the cabinet. (3) The cabinet shall not release the first permittee from bond liability under this chapter as to that particular operation until the transferee, having filed a bond satisfactory to the cabinet, receives written approval from the cabinet for the transfer, and otherwise complies with the requirements of this chapter, and provided further that the transferee shall assume as part of his obligation under this chapter, all liability for the reclamation of the area of land affected by the former permittee. (4) The cabinet may promulgate reasonable regulations and administrative procedures to implement this section. (5) The cabinet shall approve the transfer application if: (a) A joint agreement or sale has been executed; (b) The transferee has posted bond satisfactory to the cabinet which insures reclamation of the entire area of land affected under the permit; (c) The transferee has paid the fee pursuant to subsection (1) of this section; (d) The transferee has agreed to operate under provisions of the approved permit being transferred. Effective: April 8, 2010 History: Amended 2010 Ky. Acts ch. 103, sec. 3, effective April 8, 2010. -- Amended 1992 Ky. Acts ch. 429, sec. 18, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 392, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 62, sec. 15. -- Amended 1978 Ky. Acts ch. 330, sec. 27, effective May 3, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Created 1962 Ky. Acts ch. 105, sec. 7.

KRS 350.139 Deposit of funds to State Treasury -- Exceptions -- Amount to be transferred to fiscal courts -- Remainder for Division of Mine Permits

350.139. Deposit of funds to State Treasury -- Exceptions -- Amount to be transferred to fiscal courts -- Remainder for Division of Mine Permits (1) All prior enactments of this General Assembly to the contrary notwithstanding, all funds received by the Energy and Environment Cabinet through the payment of fees and civil penalties shall be deposited in the State Treasury to the credit of the general fund, except those fees established in KRS 350.060(11) and (13), 350.070(2) and (4), 350.135(1), and as provided in KRS 350.990(1). All funds from the forfeiture of bonds shall be placed in the State Treasury in an interest-bearing account and credited to a special agency account. The interest shall become a supplemental fund and may be used to supplement forfeited bonds which are inadequate to complete the reclamation plan. Except as provided in KRS 350.131(1), forfeited bond funds shall be expended upon the lands for which the bond was given. The interest may be expended upon lands other than those for which the bond was given. No more than twenty-five percent (25%) of the supplemental fund may be expended upon any single site, unless a larger expenditure is necessary to abate an imminent danger to public health or safety. (2) (a) Subject to the limitation in paragraph (b) of this subsection, the Department for Natural Resources shall, on or before August 1 of each year, transfer to the fiscal court of the county in which the permitted operation is located, an amount equal to thirty-three and one-third percent (33-1/3%) of all funds paid during the preceding fiscal year as fees for the issuance of any permit for surface coal mining operations for the general purposes of that fiscal court. (b) The department shall calculate the amount to be transferred each year under this subsection as if the fee rates in effect pursuant to this chapter on October 1, 2009, were still in effect during the preceding fiscal year. (3) Except for the amount of fees paid to fiscal courts pursuant to subsection (2) of this section, all permit and acreage fees established in KRS 350.060(11) and (13), 350.070(2) and (4), and 350.135(1) shall be held specifically for the use of the Division of Mine Permits. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1879, effective July 15, 2010; and ch. 103, sec. 4, effective April 8, 2010. -- Amended 1998 Ky. Acts ch. 222, sec. 2, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 210, sec. 7, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 409, sec. 14, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 377, sec. 4. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2)(7); Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 81. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 24 and 103, which do not appear to be in conflict and have been codified together.

KRS 350.140 Repealed, 1973

350.140. Repealed, 1973 Catchline at repeal: Strip mining and reclamation fund. History: Repealed 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 93, effective January 1, 1973. -- Repealed 1972 Ky. Acts ch. 270, sec. 8. -- Amended 1962 Ky. Acts ch. 105, sec. 11. -- Created 1954 Ky. Acts ch. 8, sec. 14. Legislative Research Commission Note Due to a clerical error the enrolled bill (Acts 1972, ch. 270) does not show the repeal of this section; this compilation attempts to correct the error.

KRS 350.141 Repealed, 1973

350.141. Repealed, 1973 Catchline at repeal: Disposition of funds derived from fees and forfeiture of bonds; lapse of trust and agency accounts; fund for financing grant-in-aid projects. History: Repealed 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 93, effective January 1, 1973. -- Created 1972 Ky. Acts ch. 270, sec. 5.

KRS 350.143 Repealed, 1973

350.143. Repealed, 1973 Catchline at repeal: State treasurer to annually transfer funds to fiscal court. History: Repealed 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 93, effective January 1, 1973. -- Created 1972 Ky. Acts ch. 270, sec. 6.

KRS 350.145 Repealed, 1973

350.145. Repealed, 1973 Catchline at repeal: Use of transferred funds by fiscal court. History: Repealed 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 93, effective January 1, 1973. -- Created 1972 Ky. Acts ch. 270, sec. 7.

KRS 350.150 Reclamation work by cabinet -- Procedure -- Acceptance of federal and other funds -- Access to land

350.150. Reclamation work by cabinet -- Procedure -- Acceptance of federal and other funds -- Access to land (1) In the reclamation of land affected by surface coal mining operations for which it has funds available, the cabinet may avail itself of any services which may be provided by other state agencies or by agencies of the federal government, and may compensate them for the services. The cabinet may also receive any federal funds, state funds, or any other funds for the reclamation of land affected by surface coal mining operations. The cabinet may cause the reclamation work to be done by its own employees or by employees of other governmental agencies, soil conservation districts, or through contracts with qualified persons. The contracts, other than negotiated contracts awarded pursuant to KRS 350.131(3), shall be awarded to the lowest responsible bidder upon competitive bids after reasonable advertisement. The cabinet and any other agency and any contractor under a contract with the cabinet shall have the right of access to the land affected to carry out the reclamation. (2) Any funds available to the cabinet and any public works program (both funds and services) may be used and expended to reclaim and rehabilitate any lands that have been subjected to surface coal mining operations that have not been reclaimed and rehabilitated in accordance with standards set by this chapter or administrative regulations thereunder and which are not covered by bond to guarantee the reclamation. (3) A person or organization, having qualifications acceptable to the cabinet, may post bond or a cash deposit, in a sum determined by the cabinet, and assume the liability for carrying out the reclamation plan approved by the cabinet in areas where the mining operation and any necessary grading and backfilling have been completed. The cabinet shall then release the bond posted by the permittee for the area. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 323, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 429, sec. 19, July 14, 1992. -- Amended 1980 Ky. Acts ch. 62, sec. 16. -- Amended 1978 Ky. Acts ch. 332, sec. 7, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 73. -- Amended 1966 Ky. Acts ch. 4, sec. 20. -- Amended 1964 Ky. Acts ch. 61, sec. 8. --.Amended 1962 Ky. Acts ch. 105, sec. 12. -- Created 1954 Ky. Acts ch. 8, sec. 15.

KRS 350.151 Permanent program administrative regulations for mining and reclamation -- Bond

350.151. Permanent program administrative regulations for mining and reclamation -- Bond (1) The Energy and Environment Cabinet shall promulgate permanent program administrative regulations for the mining and reclamation of land disturbed or removed by operations resulting from or incident to underground coal mining. The regulations shall recognize the distinct differences between underground mining and strip mining of coal, shall be promulgated pursuant to this chapter, and shall be enforced as provided in KRS 350.130 and 350.990. Those activities may include but not be limited to the construction of new roads or the improvement or use of existing roads to gain access to the site of the activities and all lands affected by haulage, excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, but the regulations shall not be more stringent than those applied to strip mining of coal. (2) The permit applicant shall file with the cabinet a reclamation bond payable to the Commonwealth of Kentucky with surety satisfactory to the cabinet in the sum to be determined by the cabinet for each acre or fraction thereof of the area of land affected, with a minimum bond of ten thousand dollars ($10,000) conditioned upon the faithful performance of the requirements set forth in this section and of the administrative regulations of the cabinet. The cabinet shall forfeit the entire amount of the bond for the permit area or increment in the event of forfeiture. The cabinet shall accept, in lieu of the surety provided in this subsection, the deposit by the operator of United States government securities, cash or its equivalent in a sum equal to the principal amount of the required bond, or a self-bond pursuant to administrative regulations promulgated by the cabinet. (3) In order to protect the stability of the land, the cabinet shall suspend underground mining activities under urbanized areas, and adjacent to industrial or commercial buildings, major impoundments, or permanent streams, if the cabinet finds imminent danger to inhabitants of the urbanized areas. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1880, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 429, sec. 20, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 210, sec. 8, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 417, sec. 3, effective July 15, 1988. -- Amended 1980 Ky. Acts ch. 62, sec. 17. -- Amended 1978 Ky. Acts ch. 330, sec. 22, effective May 3, 1978. -- Amended 1976 Ky. Acts ch. 291, sec. 3. -- Created 1974 Ky. Acts ch. 256, sec. 1.

KRS 350.152 Acquisition of land by Commonwealth for reclamation purposes

350.152. Acquisition of land by Commonwealth for reclamation purposes (1) The Commonwealth, acting by and through its Energy and Environment Cabinet, shall have the power to acquire, either by negotiation or by exercise of the power of eminent domain, land which has been affected or disturbed by strip or auger mining, or by other surface coal mining operations which consists of orphan banks or unreclaimed spoil piles. (2) Prior to acquiring any land pursuant to KRS 350.152 to 350.163 and KRS 350.240, the Energy and Environment Cabinet shall extend to the owners thereof an opportunity to backfill, grade, plant, and do other acts of restoration thereon to the same extent and within the same time limits as prescribed by this chapter and regulations adopted pursuant thereto. If the owner or owners agree in writing to perform such restoration and, weather permitting, start such restoration within a period of thirty (30) days, the land shall not be acquired by the Commonwealth. (3) The Energy and Environment Cabinet shall attempt to purchase any land which it has determined should be acquired for the purpose of restoration and which the owners have not agreed to restore as provided in subsection (2) above. In any case where the cabinet and the owners of the land are unable to agree upon the amount to be paid for the land, the cabinet may exercise the power of eminent domain against such land by filing a condemnation suit under the procedure of the Eminent Domain Act of Kentucky. (4) The purchase price, in the case of a negotiated acquisition, or the damages as finally determined, in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from appropriations made by the General Assembly for such purposes and appropriations to which federal funds made available for such purposes have been credited. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1881, effective July 15, 2010. -- Created 1980 Ky. Acts ch. 377, sec. 5. -- Amended 1976 Ky. Acts ch. 140, sec. 117. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 74. -- Amended 1972 Ky. Acts ch. 359, sec. 1. -- Created 1966, Ky. Acts ch. 4, sec. 32. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.154 Restoration and reclamation by cabinet

350.154. Restoration and reclamation by cabinet The cabinet shall have the power to backfill, grade, plant and perform other acts of restoration and reclamation, or contract for the performance of such restoration work, on any lands acquired under KRS 350.152 to 350.163 and 350.240, to the extent and subject to such conditions as state or federal funds are appropriated and available therefor. Effective: June 17, 1978. History: Amended 1978 Ky. Acts ch. 332, sec. 8, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 4, sec. 33.

KRS 350.156 Transfer of jurisdiction of restored land to state agency or sale to political subdivision -- Return of money to revolving fund

350.156. Transfer of jurisdiction of restored land to state agency or sale to political subdivision -- Return of money to revolving fund (1) After restoration of the acquired land, the cabinet may, with the approval of the Governor, transfer jurisdiction of such land, or any portion thereof, to any state agency that can best utilize such land for public purposes. (2) If the retention of such land is determined to be impractical, the cabinet may, with the approval of the Governor, sell such land to political subdivisions of the Commonwealth at the cost of acquisition and restoration or public sale to the highest bidder. Such land shall be sold subject to the condition that no surface coal mining shall be carried on thereon at any time thereafter. The proceeds of any such sale shall be credited to a revolving fund within the cabinet. (3) Whenever the cabinet expends funds pursuant to this section in order to satisfy the total purchase price for lands purchased pursuant to KRS 350.570, the cabinet may return to the revolving fund any moneys so used upon resale or other transfer of such land. History: Amended 1980 Ky. Acts ch. 62, sec. 27. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 75. -- Created 1966 Ky. Acts ch. 4, sec. 34. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.158 Land under bond for restoration not to be acquired

350.158. Land under bond for restoration not to be acquired No land, with respect to which a bond conditioned upon the restoration thereof is in effect, shall be acquired pursuant to the provisions of KRS 350.152 to 350.163 and 350.240, nor shall this chapter be construed to relieve any person from any obligation to backfill, grade, plant or perform other restoration and reclamation required by law. History: Created 1966 Ky. Acts ch. 4, sec. 35.

KRS 350.160 Repealed, 1962

350.160. Repealed, 1962 Catchline at repeal: Review of department's action; appeals. History: Repealed 1962 Ky. Acts ch. 105, sec. 16. -- Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VII, sec. 7. -- Created 1954 Ky. Acts ch. 8, sec. 16.

KRS 350.161 Acquisition and disposal of land, how governed

350.161. Acquisition and disposal of land, how governed All acquisitions and disposals of land or any interests therein pursuant to the authority granted by KRS 350.152 to 350.163 and 350.240 shall be governed by the applicable provisions of KRS Chapters 45 and 56. History: Created 1966 Ky. Acts ch. 4, sec. 36.

KRS 350.163 Cabinet may accept state and federal funds -- Deposit in State Treasury

350.163. Cabinet may accept state and federal funds -- Deposit in State Treasury (1) The cabinet is authorized and empowered to receive and accept from the Commonwealth or any of its agencies and from federal agencies, appropriations or grants to accomplish the purposes of this chapter, and to receive and accept aid or contributions from any source of either money, property, labor or any other things of value, to accomplish the purposes of this chapter. (2) All funds available or paid to the cabinet under this chapter shall be placed in the State Treasury and credited pursuant to the terms of the appropriation, grant, aid or contribution. Effective: June 17, 1978. History: Amended 1978 Ky. Acts ch. 332, sec. 9, effective June 17, 1978. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 76. -- Created 1966 Ky. Acts ch. 4, sec. 37.

KRS 350.170 Construction of chapter

350.170. Construction of chapter This chapter shall not be construed as repealing any of the laws of the Commonwealth relating to the pollution of the waters thereof, any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto. History: Amended 1966 Ky. Acts ch. 4, sec. 21. -- Created 1954 Ky. Acts ch. 8, sec. 19.

KRS 350.175 Persons required to comply with requirements of chapter

350.175. Persons required to comply with requirements of chapter 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, which proposes to engage in surface coal mining operations, as defined by KRS 350.010(1), shall comply with the requirements of this chapter. History: Created Ky. Acts ch. 1980, Ky. Acts ch. 62, sec. 38. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.180 Repealed, 1962

350.180. Repealed, 1962 Catchline at repeal: Advisory Committee on Strip Mining and Reclamation. History: Repealed 1962 Ky. Acts ch. 105, sec. 16. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VII, sec. 8.

KRS 350.185 Repealed, 1973

350.185. Repealed, 1973 Catchline at repeal: Advisory committees. History: Repealed 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 93, effective January 1, 1973. -- Amended 1966 Ky. Acts ch. 4, sec. 24. -- Created 1962 Ky. Acts ch. 105, sec. 13.

KRS 350.190 Repealed, 1962

350.190. Repealed, 1962 Catchline at repeal: Application of KRS 350.010, 350.024, 350.026, 350.060, 350.090, and 350.990. History: Repealed 1962 Ky. Acts ch. 105, sec. 16. -- Created 1960 Ky. Acts ch. 143, sec. 8.

KRS 350.195 Repealed, 1966

350.195. Repealed, 1966 Catchline at repeal: Chapter not applicable to mining of ball clay. History: Repealed 1966 Ky. Acts ch. 4, sec. 28. -- Created 1962 Ky. Acts ch. 105, sec. 15.

KRS 350.200 Signs to be posted at mining sites

350.200. Signs to be posted at mining sites All surface coal mining operations operating under a permit from the cabinet shall display appropriate signs at the entrances, clearly setting forth the name, business address, phone number of the permittee and the permit number of the surface coal mining and reclamation operations, as required by regulations of the cabinet. Such signs shall be maintained during the life of the operation. History: Amended 1980 Ky. Acts ch. 62, sec. 28. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Created 1966 Ky. Acts ch. 4, sec. 13. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.210 Repealed, 1982

350.210. Repealed, 1982 Catchline at repeal: Monuments marking permit areas. History: Repealed 1980 Ky. Acts ch. 377, sec. 14, effective May 18, 1982. -- Created 1966 Ky. Acts ch. 4, sec. 25.

KRS 350.220 Repealed, 1978

350.220. Repealed, 1978 Catchline at repeal: Regulation of use of explosives. History: Repealed 1978 Ky. Acts ch. 155, sec. 165, effective June 17, 1978; and ch. 330, sec. 31, effective May 3, 1978. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 77. -- Created 1966 Ky. Acts ch. 4, sec. 22.

KRS 350.230 Conformance to statutes and regulations required, when -- Effective date of regulation

350.230. Conformance to statutes and regulations required, when -- Effective date of regulation Irrespective of date of issuance of a permit, all permittees, operators, and persons shall immediately conform to any statutes enacted or regulations adopted on the effective date of the statute or regulation. This section shall not require the regrading or replanting of any area on which the work was satisfactorily performed prior to the effective date of the statute or regulation. The cabinet shall specify for every regulation promulgated pursuant to this chapter the effective date of such regulation. However, the cabinet may specify a reasonable period of time in which permittees, persons, and operators shall conform to any regulations adopted when it finds that such conformance time is reasonably necessary. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 21, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 377, sec. 9. -- Created 1966 Ky. Acts ch. 4, sec. 26..

KRS 350.240 Clay mining regulations

350.240. Clay mining regulations The Energy and Environment Cabinet may adopt reasonable regulations for the reclamation of land disturbed or removed in the mining of clay. Such regulations shall encourage water impoundments and shall follow the standards established in Article III of the Interstate Mining Compact. The cabinet shall have the authority to adopt such regulations prior to the effective date of the Interstate Mining Compact and irrespective of whether the state becomes a member or withdraws from membership in the Interstate Mining Compact. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 44, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1882, effective July 15, 2010. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 78. -- Created 1966 Ky. Acts ch. 4, sec. 38. Legislative Research Commission Note (7/11/91) A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136 and 7.140.

KRS 350.245 Permit required to conduct mining for vein minerals -- Exemptions

350.245. Permit required to conduct mining for vein minerals -- Exemptions A person shall not conduct mining for limestone, dolomite, sand, gravel, clay, fluorspar, or other vein minerals without first obtaining a permit from the cabinet. However, no permit shall be required for the excavation of limestone, dolomite, sand, gravel, clay, fluorspar, or other vein minerals by a landowner for personal, noncommercial use if: (1) Fifty (50) tons or less are excavated in twelve (12) successive calendar months; (2) They are excavated from land owned by the landowner; and (3) They are used only on the property owned by the landowner, as provided in Article II(a) of KRS 350.300. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 85, sec. 5, effective July 14, 2018.

KRS 350.250 Complaints of violation -- Mandamus -- Civil action by person adversely affected by violation -- Intervention by cabinet

350.250. Complaints of violation -- Mandamus -- Civil action by person adversely affected by violation -- Intervention by cabinet (1) Any person with an interest which is or may be adversely affected having knowledge that any of the provisions of this chapter or regulations adopted thereunder are not being enforced by any public officer or employee, whose duty it is to enforce such provisions of this chapter and regulations thereunder, may bring such failure to enforce the law to the attention of such public officer or employee. To provide against unreasonable and irresponsible demands being made, all such demands to enforce the law must be in writing, under oath, with facts set forth specifically stating the nature of the failure to enforce the law. If such public officer or employee neglects or refuses for any unreasonable time but in no event longer than sixty (60) days after demand to enforce such provision, any such person shall have the right to bring an action of mandamus in the Circuit Court of the county in which the operation which relates to the alleged lack of enforcement is being conducted; provided, that any action pursuant to this section may be brought immediately after a demand for enforcement when the violation or order complained of constitutes an imminent threat to the health or safety of the complaining person or would immediately affect a legal interest of the complaining person. The court, if satisfied that any provision of this chapter or regulation thereunder is not being enforced, shall make an appropriate order compelling the public officer or employee, whose duty it is to enforce such provision, to perform his duties, and upon failure to do so such public officer or employee shall be held in contempt of court and shall be subject to the penalties provided by the laws of the Commonwealth in such cases. (2) The court having jurisdiction of a complaint made pursuant to subsection (1) of this section may in its final order award costs of litigation (including attorney and expert witness fees) to any party, whenever the court determines such an award is appropriate. (3) Any person who is or may be adversely affected by the violation by any person of any rule, regulation, order or permit issued pursuant to this chapter may bring a civil action for injunctive relief or for damages or both (including reasonable attorney and expert witness fees) in the Circuit Court of the county in which the surface coal mining operation complained of is located. Nothing in this subsection shall be construed to be a waiver of sovereign immunity by the Commonwealth. (4) In such action under this section, the cabinet, if not a party, may intervene as a matter of right. Effective: March 28, 1984 History: Amended 1984 Ky. Acts ch. 145, sec. 4, effective March 28, 1984. -- Amended 1980 Ky. Acts ch. 62, sec. 29. -- Amended 1978 Ky. Acts ch. 332, sec. 10, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 4, sec. 23.

KRS 350.255 Petition for initiation of proceeding for issuance, amendment or repeal of a regulation -- Notice -- Hearing -- Order -- Judicial review

350.255. Petition for initiation of proceeding for issuance, amendment or repeal of a regulation -- Notice -- Hearing -- Order -- Judicial review Any person may petition the secretary of the Energy and Environment Cabinet to initiate a proceeding for the issuance, amendment, or repeal of any regulation under this chapter. (1) Notice and an opportunity shall be provided for the petitioner and any person wishing to participate to be heard at a public hearing within thirty (30) days following the filing of the petition on the facts, technical justification, and law alleged in the petition. (2) The secretary shall render a final order in writing within thirty (30) days after the hearing granting or denying the petition on grounds that there is a reasonable basis for the petitioned rule change, or is not, or that it is required or prohibited by law and setting forth the reasons for the decision. (3) The secretary shall initiate a rulemaking proceeding pursuant to KRS Chapter 13A within thirty (30) days after a petition is granted proposing the issuance, amendment, or repeal of the petitioned regulations in conformity with the final order. (4) Any participant in the petition proceedings may seek review in the Circuit Court of Franklin County of a final order of the secretary denying all or any portion of the action requested in a petition. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1883, effective July 15, 2010. -- Amended 1994 Ky. Acts ch. 178, sec. 5, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 304, sec. 5, effective July 14, 1992; and ch. 429, sec. 22, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 377, sec. 7. -- Created 1980 Ky. Acts ch. 209, sec. 3. Legislative Research Commission Note (7/14/92). This section was amended by 1992 Acts chs. 304 and 429 which are in conflict. Pursuant to KRS 446.250, Acts ch. 429 which was last enacted by the General Assembly prevails. Legislative Research Commission Note (10/05/90). Pursuant to KRS 7.136(1), KRS Chapter 13A has been substituted for the prior reference to KRS Chapter 13 in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky. Acts ch. 417, sec. 36, and KRS Chapter 13A was created in that same chapter of the 1984 Ky. Acts.

KRS 350.260 Repealed, 2017

350.260. Repealed, 2017 Catchline at repeal: Small Coal Operators Advisory Council. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1884, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 53, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 194, sec. 64, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 119, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 325, sec. 32, effective July 13, 1990. -- Created 1984 Ky. Acts ch. 328, sec. 1, effective July 13, 1984.

KRS 350.270 Disposal of coal combustion by-products at surface coal mining operations -- Permitting process -- Requirements for disposal -- Authority for administrative regulations

350.270. Disposal of coal combustion by-products at surface coal mining operations -- Permitting process -- Requirements for disposal -- Authority for administrative regulations (1) The cabinet may issue a permit under this chapter authorizing the disposal of coal combustion by-products at surface coal mining operations. (2) This section shall apply to the disposal of waste from burning clean oil or gas with coal, if the oil or gas is used only for startup or flame stabilization. This section shall not apply to disposal of coal combustion by-products for which a special waste formal permit or a special waste registered permit-by-rule is required under administrative regulations promulgated pursuant to KRS Chapter 224. This section shall also not apply to disposal of coal combustion by-products that have been mixed or otherwise co-managed with low volume waste or with materials that exhibit hazardous waste characteristics. This section shall also not apply to coal combustion by-products generated prior to July 15, 1994, unless the applicant can demonstrate to the satisfaction of the cabinet that these coal combustion by- products have not been mixed or otherwise co-managed with low volume waste or with materials that exhibit hazardous waste characteristics. This section shall also not apply to underground injection of coal combustion by-products. (3) An application to modify an existing permit to initially include disposal of coal combustion by-products shall be an application for a major revision or an amendment under KRS 350.070. (4) An application under this section to modify an existing permit issued under this chapter that includes coal combustion by-product disposal pursuant to a permit issued under KRS Chapter 224, where the application proposes disposal of the same coal combustion by-products in the same locations as approved in these existing permits in a manner consistent with the disposal requirements of this section, may be made by application for a minor revision. (5) An application to modify an existing permit to increase the amount of coal combustion by-products to be received, to change the components of the coal combustion by-products, or to change the generating facility, may be an application for a minor revision. However, if the cabinet determines that the scope and nature of the proposed change will have the effect of increasing the concentrations of heavy metals, or is such that public notice is necessary to allow participation in the cabinet's decision by persons who have an interest which may be adversely affected by the proposed change, the change shall be made by application for a major revision. (6) The permittee shall keep accurate records, which shall be made available to the cabinet upon request, showing the source and amount of each shipment of coal combustion by-products that is received. (7) Prior to disposal of the coal combustion by-products, any material that is not the coal combustion by-products approved for disposal shall be removed from the coal combustion by-products. A record shall be kept of the removed material and its disposition, and this record shall be available at the minesite for examination by the cabinet. (8) Coal combustion by-products shall be disposed of only in the pit or extraction area from which coal has been removed by surface mining activities; except that coal combustion by-products may be disposed of in areas within the permit area other than coal extraction areas if the applicant demonstrates to the satisfaction of the cabinet, based upon site specific conditions and the characteristics of the coal combustion by-products, that no adverse environmental impacts will occur. (9) No component of the coal combustion by-products to be disposed of shall be listed or meet the criteria of a hazardous waste in the cabinet's administrative regulations promulgated pursuant to KRS Chapter 224 and the Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended. (10) The permittee shall prepare and maintain accurate maps, which shall be made available to the cabinet upon request, showing each location where coal combustion by-products have been disposed of under this section and the volume of coal combustion by-products disposed of at that location. Phase I bond release shall not be granted for an area containing coal combustion by-products unless the permittee has submitted to the cabinet accurate maps showing the locations and volumes of the coal combustion by-products disposed of under this section. (11) If requested by the cabinet, or if required by the issued permit, the applicant or permittee shall provide representative samples of the coal combustion by-products to the cabinet in a manner satisfactory to the cabinet. (12) The permittee shall annually obtain and submit to the cabinet, a laboratory analysis to characterize the coal combustion by-products in the manner required under the cabinet's administrative regulations promulgated pursuant to KRS Chapter 224 and the Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended. (13) If the disposal of coal combustion by-products is proposed, any newspaper advertisements required under KRS 350.055 shall also state that the applicant proposes to dispose of coal combustion by-products in the permit area and shall state the location, business name, and mailing address of the facility that will generate the coal combustion by-products. (14) The application shall demonstrate that the applicant has the legal right to dispose of coal combustion by-products on the proposed disposal areas. The application shall include a copy of the conveyance that grants or reserves the right to dispose of waste materials such as coal combustion by-products. If the mineral estate has been severed from the surface estate, the application shall include the written consent of the surface owner for the disposal of coal combustion by-products or a copy of the conveyance that expressly grants or reserves the right to dispose of coal combustion by-products. (15) The application shall state: (a) The location, business name, mailing address, and telephone number of the facility that will generate the coal combustion by-products, and the name and title of the responsible official of the generating facility who may be contacted regarding the coal combustion by-products; (b) Each of the component materials, fly ash, bottom ash, scrubber sludge, or fluidized bed combustion waste that the coal combustion by-products will contain; and (c) The approximate volume in cubic yards, and the approximate tonnage, of coal combustion by-products that will be received from the generating facility annually and for the term of the permit. (16) The application shall include the results of representative sampling and laboratory analysis of each component of the coal combustion by-products for contaminants listed in the cabinet's administrative regulations promulgated pursuant to KRS Chapter 224 and the Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended, using analytical testing methods performed in accordance with those administrative regulations. The analysis for metals shall include aluminum, antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt, copper, lead, manganese, molybdenum, nickel, selenium, mercury, silver, thallium, vanadium, and zinc. The analysis shall also include the neutralization potential and potential acidity. The application shall demonstrate that each component of the coal combustion by-products shall not contain any contaminant at a concentration that equals or exceeds the regulatory level set forth in the cabinet's administrative regulations promulgated pursuant to KRS Chapter 224 and the Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended. (17) The application shall describe the proposed methods of coal combustion by-product handling and disposal, including methods of record keeping. (18) The application shall include appropriate maps and drawings of all areas and facilities to be used in the permit area for coal combustion by-product handling and disposal. (19) Each application for disposal of coal combustion by-products shall contain a determination of the probable hydrologic consequences of the disposal of coal combustion by-products for the permit and adjacent area and shall include a description of the measures to be taken to assure that the disposal will not pose a threat to human health or the environment, to minimize disturbances to the hydrologic balance within the permit area and adjacent area, and to prevent material damage to the hydrologic balance outside the permit area. The description shall be based on the baseline hydrologic, geologic, and other information required under this chapter and shall identify the protective measures to be taken to meet the requirements of this chapter or demonstrate to the satisfaction of the cabinet that protective measures are not necessary for the operation to meet the requirements, considering the characteristics and volume of the coal combustion by-products and the hydrogeologic characteristics of the site determined from the baseline hydrologic, geologic, and other information required under this chapter. The application shall describe the measures to be taken to prevent coal combustion by- products from becoming airborne. (20) The application shall include baseline data to characterize the quality of ground water and surface water in areas that may be affected by disposal of coal combustion by-products. (21) Surface water and ground water baseline data collection and monitoring stations shall be established, as appropriate, to satisfy the requirements of this chapter. In determining the acceptable number and locations of monitoring wells, the cabinet shall recognize the distinct differences between disposal of coal combustion by- products under this section and the disposal of coal combustion by-products for which a special waste formal permit or a special waste registered permit-by-rule is required under administrative regulations promulgated pursuant to KRS Chapter 224. (22) The characterization of ground water shall include the parameters of total dissolved solids, or specific conductance corrected to twenty-five (25) degrees Celsius; pH; dissolved iron; dissolved manganese; acidity; alkalinity; sulfate; arsenic; barium; cadmium; chromium; lead; mercury; selenium; and silver; except the cabinet may require different parameters for an application based upon the demonstrated characteristics of the coal combustion by-products. (23) The characterization of surface water shall include the parameters of total dissolved solids, or specific conductance corrected to twenty-five (25) degrees Celsius; total suspended solids; pH; total iron; total manganese; acidity; alkalinity; sulfate; arsenic; barium; cadmium; chromium; lead; mercury; selenium; and silver; except the cabinet may require different parameters for an application based upon the demonstrated characteristics of the coal combustion by-products. (24) The minimum number of sampling events for baseline characterization of ground water and surface water for parameters beyond those normally required for surface coal mining operations shall be in accordance with cabinet administrative regulations promulgated pursuant to KRS Chapter 224 pertaining to special waste landfills used solely for the disposal of coal combustion by-products. (25) The application shall include a plan for the monitoring and reporting, until final bond release on the permit area, of the quality of ground water and surface water in areas that may be affected by disposal of coal combustion by-products and shall provide for monitoring capable of detecting if contaminants from the coal combustion by-products are entering ground water and surface water. (26) The performance bond required under this chapter shall cover the disposal of coal combustion by-products on the permit area. (27) A permittee, operator, or person disposing of coal combustion by-products under this section shall comply with the following additional environmental protection performance standards: (a) The coal combustion by-products shall be handled and disposed by the method approved in the permit. (b) Disposal areas and facilities used for coal combustion by-products handling and disposal shall be designed, located, operated, and maintained to assure that the handling and disposal will not pose a threat to human health or the environment, to minimize disturbances to the hydrologic balance within the permit area and adjacent area, and to prevent material damage to the hydrologic balance outside the permit area, as required under this chapter. (c) To the extent practicable, areas to receive coal combustion by-products shall be selected to minimize water contact with the coal combustion by-products. (d) The coal combustion by-products shall be placed at least four (4) feet above the seasonal high water table that is projected to be established after completion of mining and reclamation, unless the applicant demonstrates to the satisfaction of the cabinet, based upon site specific conditions and the characteristics of the coal combustion by-products, that no adverse environmental impacts will occur. (e) The coal combustion by-products shall not be placed within four (4) feet horizontally of a final highwall, exposed coal seam, or coal outcrop. (f) The volume of coal combustion by-products disposed of on the permit area shall not exceed the in-place volume of the marketable coal seams to be removed from the permit area. (g) Disposal of coal combustion by-products shall not result in a greater amount of excess spoil than the amount that would result if disposal of coal combustion by-products were not part of the permitted operation. (h) The thickness of coal combustion by-products at any point in any disposal area shall not exceed forty (40) feet. (i) The cabinet may reduce the allowable maximum volume or thickness of coal combustion by-products for a disposal area if the cabinet determines, based upon site specific conditions and the characteristics of the coal combustion by-products, that the reduction in volume or thickness is necessary to assure protection of human health and the environment. (j) After the coal combustion by-products are placed in the disposal area, they shall be covered as contemporaneously as practicable with at least four (4) feet of nonacid-forming spoil material. (28) The permittee shall monitor and report the quality of surface and ground water quarterly, except the monitoring of water quality parameters beyond those normally required for surface coal mining operations shall be conducted semiannually. The monitoring shall be conducted until final bond release on the permit area; except after four (4) initial monitoring events for the parameters beyond those normally required for surface coal mining operations, if analysis of subsequent monitoring events indicates no exceedences above maximum contaminant levels under cabinet administrative regulations promulgated pursuant to KRS Chapter 224 and the Safe Drinking Water Act of 1974 (Public Law 93-523), as amended, the permittee may, upon request, be granted permission from the cabinet to reduce monitoring parameters required under this chapter. The monitoring and reporting shall comply with the plan approved pursuant to subsection (25) of this section. (29) The monitoring and reporting of ground water quality shall include the parameters used in the baseline characterization of ground water under subsection (22) of this section, except the cabinet may require different parameters for a permit based upon the demonstrated characteristics of the coal combustion by-products. (30) The monitoring and reporting of surface water quality shall include the parameters used in the baseline characterization of surface water under subsection (23) of this section, except the cabinet may require different parameters for a permit based upon the demonstrated characteristics of the coal combustion by-products. (31) The cabinet shall, upon July 15, 1994, process applications submitted under this section in the same manner as other permit applications submitted under this chapter. (32) The cabinet may promulgate administrative regulations under this section pertaining to the disposal of coal combustion by-products. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 459, sec. 2, effective July 15, 1994.

KRS 350.275 Legislative findings and declaration on backstowing and reinjection of coal processing and coal underground development waste

350.275. Legislative findings and declaration on backstowing and reinjection of coal processing and coal underground development waste (1) The General Assembly finds that: (a) The backstowing of coal processing and coal underground development waste is a disposal method which, under appropriate conditions, is authorized under state and federal coal mining laws; (b) The state Division of Water and Department for Natural Resources, United States Environmental Protection Agency, and United States Mine Safety and Health Administration each have responsibilities under different state and federal laws relative to any proposal to backstow or reinject coal processing and coal underground development waste; and (c) The maximization of coordination of agency review of such a proposal is in the best interest of each agency, the proponent, and the public-at-large. (2) It is the intent of the General Assembly that the Energy and Environment Cabinet negotiate improved coordination among state and federal agencies in the review of proposals for backstowing or reinjection of coal processing and coal underground development waste, consistent with all requirements of KRS Chapters 224 and 350 and other state and federal laws relating to such proposals. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1885, effective July 15, 2010. -- Created 1996 Ky. Acts ch. 323, sec. 3, effective July 15, 1996.

KRS 350.280 Easements of necessity to abate certain dangerous violations and for appraisal purposes when access to property denied -- When effective -- Appraisal and calculation of damages -- Independent appraisal by property owner or legal occupant -- Payment of damages -- Payment of entry fee for appraisal purposes

350.280. Easements of necessity to abate certain dangerous violations and for appraisal purposes when access to property denied -- When effective -- Appraisal and calculation of damages -- Independent appraisal by property owner or legal occupant -- Payment of damages -- Payment of entry fee for appraisal purposes (1) (a) As used in this section, "he or she" includes "person" as defined in KRS 350.010. (b) If a permittee or operator has been issued a notice or order directing abatement of a violation on the basis of an imminent danger to health and safety of the public or significant imminent environmental harm, and the notice or order requires access to property for which the permittee or operator does not have the legal right of entry necessary in or der to abate that violation, and the owner or legal occupant of that property has refused access, an easement of necessity is recognized on behalf of the permittee or operator for the limited purpose of abating that violation. The easement of necessity becomes effective, and the permittee or operator is authorized to enter the property to undertake immediate action to abate the violation if he or she concurrently: 1. Provides to the property owner or legal occupant a copy of the cabinet's order and a plan of action reasonably calculated to result in abatement of the violation, repair of the damage, and restoration of the property, and provides proof of liability insurance and workers' compensation insurance covering any accidents or injuries occurring on the property during the remedial work; 2. Provides to the property owner or legal occupant and cabinet an affidavit that he or she has been denied access to the property; and 3. Provides to the property owner or legal occupant a statement that he or she, the permittee or operator, will diligently pursue abatement of the violation, and will obtain an appraisal completed by a real property appraiser certified under KRS Chapter 324A of the damages to the property, including loss of use, that have resulted from th e violation, that the appraisal will be completed and provided to the property owner or legal occupant within three (3) days of abatement of the violation by the operator or permittee, and that he or she will pay the property owner or legal occupant the amount of the damages in the permittee or operator's appraisal at that time. (c) Following the effective date of the easement of necessity, the following procedure shall be followed with respect to the appraisal of the damages: 1. The permittee or operator shall have a certified appraiser on the site and have his or her appraisal completed and submitted to the property owner or legal occupant within three (3) days of abatement of the violation by the operator or permittee; 2. The property owner or legal occupant shall accept or reject this appraisal in writing within seven (7) days of receipt of the completed appraisal; 3. If the property owner or legal occupant rejects this appraisal, he or she may hire a real property appraiser certified under KRS Chapter 324A to appraise the damages, including loss of use, that have resulted from the violation, and this such appraisal shall be completed and provided to the permittee or operator within thirty (30) days of receipt of the permittee's or operator's completed appraisal. Upon receipt of the invoice the permittee or operator shall pay for the property owner or legal occupant's appraisal up to the amount he or she paid for his or her own appraisal; and 4. If the property owner or legal occupant accepts the permittee's or operator's appraisal, the permittee or operator shall promptly pay the property owner or legal occupant the amount of the damages reflected therein. (d) If the property owner or legal occupant has an appraisal done, and if, based on his or her appraisal and the permittee's or operator's appraisal, an agreement is not reached on the appraised damages, the permittee or operator shall pay the property owner or legal occupant the amount of the permittee's or operator's appraisal damages, and if the property owner or legal occupant's appraisal damages are for more than the permittee's or operator's, the permittee or operator shall pay the difference to the circuit clerk, in the county in which the majority of the property lies, to be placed in an interest-bearing account in a bank until final resolution of the matter by agreement or court or jury judgment. If the property owner or legal occupant is granted award of some or all of the difference, he or she shall also receive the interest on that portion of the difference. (e) If the property owner or legal occupant does not accept or reject the permittee's or operator's appraisal and offer of funds for damages within the time specified in paragraph (c)2. of this subsection, the appraisal and offer shall be deemed accepted. (f) The appraiser shall calculate the damages to the property, including loss of use, that have resulted from the violation which the owner or the legal occupant shall be entitled to under this subsection as the difference between the fair market value of the property before the violation and after the abatement of the violation, plus the reasonable rental v alue of the property during the period of time between the effective date of the easement of necessity and the date of the abatement of the violation. (2) If a permittee or operator has been issued a notice or order directing abatement of a violation other than one described in subsection (1) of this section, and the notice or order requires access to property for which the permittee or operator does not have the legal right of entry necessary in order to abate that violation, and the owner or legal occupant of that property has refused access, an easement of necessity is recognized on behalf of the permittee or operator, for the limited purpose of allowing a real property appraiser certified under KRS Chapter 324A, chosen by the permittee or operator, to enter upon the property to which the owner or legal occupant has refused access in order for the appraiser to appraise the damages, including loss of use, that likely will result from the violation. (3) (a) The easement for the limited purpose of allowing the appraisal under subsection (2) of this section shall be recognized and take effect when the operator or permittee: 1. Provides to the property owner or legal occupant a copy of the cabinet's order; 2. Provides to the property owner or legal occupant and cabinet a plan of remedial measures to abate the violation; 3. Provides to the property owner or legal occupant and cabinet an affidavit that he or she has been denied access to the property; and 4. Provides to the property owner or legal occupant a statement that he or she, the permittee or operator, will within seven (7) days of entry of the appraiser obtain an appraisal of the damages to the property including loss of use, that likely will result from the violation, and that upon completion of the appraisal he or she will provide the appraisal to the property owner or legal occupant and pay the property owner or legal occupant an entry fee. The entry fee shall be calculated as one-half (1/2) of the amount of the appraisal or the sum of five hundred dollars ($500), whichever is greater, for the privilege to enter the property and conduct the appraisal. (b) Upon payment of the entry fee by the permittee or operator, an easement of necessity shall be recognized on behalf of the permittee or operator for the limited purposes of abating the violation and the operator or permittee shall be authorized to enter the property to undertake immediate action to abate the violation, provided that the landowner has been provided a plan of action reasonably calculated to result in abatement of the violation, repair of the damage, and restoration of the property, and the permittee or operator provides proof of liability insurance and workers' compensation insurance covering any accidents or injuries occurring on the property during the remedial work. (c) Following the effective date of the easement of necessity to abate the violation, the procedures set forth in subsection (1)(c) to (f) of this section shall apply. The entry fee shall be deducted from any subsequent payment deemed due the property owner or legal occupant as a result of the post- abatement appraisal or appraisals. If the entry fee exceeds the amount of all appraisals, the property owner or legal occupant shall be entitled to retain the entry fee in its entirety. (4) Nothing contained in this section shall affect any person's right to bring a civil action for damages, including punitive and compensatory damages, or other appropriate relief. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 172, sec. 27, effective July 15, 2026. -- Amended 2004 Ky. Acts ch. 159, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 284, sec. 1, effective April 9, 2002. -- Created 2000 Ky. Acts ch. 267, sec. 1, effective July 14, 2000. Legislative Research Commission Note (7/13/2004). Although Ky. Acts ch. 159, sec. 1(2), contains language concerning "real estate appraiser certified under KRS Chapter 324," it is clear from the context that citing to KRS Chapter 324, rather than to KRS Chapter 324A, was a manifest clerical or typographical error, and it has been corrected in codification under KRS 7.136(1)(h).

KRS 350.0281 Repealed, 1992

350.0281. Repealed, 1992 Catchline at repeal: Moratorium on regulations -- Exceptions. History: Repealed 1992 Ky. Acts ch. 120, sec. 4, effective July 14, 1992; Created 1986 Ky. Acts ch. 148, sec. 1, effective July 15, 1986.

KRS 350.285 Repealed, 2006

350.285. Repealed, 2006 Catchline at repeal: Removal of coal on private land -- Implementation of section. History: Repealed 2006 Ky. Acts ch. 37, sec. 6, effective July 12, 2006. -- Created 2002 Ky. Acts ch. 293, sec. 1, effective April 9, 2002.

KRS 350.0285 Notification to Transportation Cabinet of permits for mine openings and of mine closings under authority of cabinet

350.0285. Notification to Transportation Cabinet of permits for mine openings and of mine closings under authority of cabinet The cabinet shall notify the secretary of the Transportation Cabinet every six (6) months of permits issued for mine openings and mine closings under the authority of the cabinet. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 488, sec. 1, effective July 15, 1994.

KRS 350.300 Interstate Mining Compact enacted

350.300. Interstate Mining Compact enacted The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I Findings and Purposes (a) The party States find that: 1. Mining and the contributions thereof to the economy and well-being of every State are of basic significance. 2. The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public. 3. Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly and the devising of means to deal with them are of both public and private concern. 4. Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land, or the development of mineral and other natural resources; but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated. 5. The States are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions. (b) The purposes of this compact are to: 1. Advance the protection and restoration of land, water and other resources affected by mining. 2. Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining. 3. Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party States which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated. 4. Assist the party States in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources. 5. Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining. ARTICLE II Definitions As used in this compact, the term: (a) "Mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location; and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of farming or construction pursuant to KRS 350.245. (b) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a Territory or Possession of the United States. ARTICLE III State Programs Each party State agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish: 1. The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations. 2. The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water. 3. The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands. 4. The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future. ARTICLE IV Powers In addition to any other powers conferred upon the Interstate Mining Commission, established by Article V of this compact, such Commission shall have power to: 1. Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change. 2. Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining. 3. Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact. 4. Gather and disseminate information relating to any of the matters within the purview of this compact. 5. Cooperate with the federal government and any public or private entities having interests in any subject coming within the purview of this compact. 6. Consult, upon the request of a party State and within resources available therefor, with the officials of such State in respect to any problem within the purview of this compact. 7. Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations. 8. Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites. ARTICLE V The Commission (a) There is hereby created an agency of the party States to be known as the "Interstate Mining Commission," hereinafter called "the Commission." The Commission shall be composed of one commissioner from each party State who shall be the Governor thereof. Pursuant to the laws of his party State, each Governor shall have the assistance of an advisory body (including membership from mining industries, conservation interests, and such other public and private interests as may be appropriate) in considering problems relating to mining and in discharging his responsibilities as the commissioner of his State on the Commission. In any instance where a Governor is unable to attend a meeting of the Commission or perform any other function in connection with the business of the Commission, he shall designate an alternate, from among the members of the advisory body required by this paragraph, who shall represent him and act in his place and stead. The designation of an alternate shall be communicated by the Governor to the Commission in such manner as its bylaws may provide. (b) The commissioners shall be entitled to one vote each on the Commission. No action of the Commission making a recommendation pursuant to Article IV-3, IV-7, and IV-8 or requesting, accepting or disposing of funds, services, or other property pursuant to this paragraph, Articles V(g), V(h), or VII shall be valid unless taken at a meeting at which a majority of the total number of votes on the Commission is cast in favor thereof. All other action shall be by a majority of those present and voting: provided that action of the Commission shall be only at a meeting at which a majority of the commissioners, or their alternates, is present. The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein. (c) The Commission shall have a seal. (d) The Commission shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Commission shall appoint an Executive Director and fix his duties and compensation. Such Executive Director shall serve at the pleasure of the Commission. The Executive Director, the Treasurer, and such other personnel as the Commission shall designate shall be bonded. The amount or amounts of such bond or bonds shall be determined by the Commission. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party States, the Executive Director with the approval of the Commission, shall appoint, remove or discharge such personnel as may be necessary for the performance of the Commission's functions, and shall fix the duties and compensation of such personnel. (f) The Commission may establish and maintain independently or in conjunction with a party State, a suitable retirement system for its employees. Employees of the Commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the Commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The Commission may establish and maintain or participate in such additional programs of employee benefits as it may deem appropriate. (g) The Commission may borrow, accept or contract for the services of personnel from any State, the United States, or any other governmental agency, or from any person, firm, association or corporation. (h) The Commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any State, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph (g) of this Article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed and the identity of the donor or lender. (i) The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party States. (j) The Commission annually shall make to the Governor, legislature and advisory body required by Article V(a) of each party State a report covering the activities of the Commission for the preceding year, and embodying such recommendations as may have been made by the Commission. The Commission may make such additional reports as it may deem desirable. ARTICLE VI Advisory, Technical, and Regional Committees The Commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party States, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mine land, or any other matters of concern to the Commission. ARTICLE VII Finance (a) The Commission shall submit to the Governor or designated officer or officers of each party State a budget of its estimated expenditures for such period as may be required by the laws of that party State for presentation to the legislature thereof. (b) Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States. The total amount of appropriations requested under any such budget shall be apportioned among the party States as follows: one-half in equal shares; and the remainder in proportion to the value of minerals, ores, and other solid matter mined. In determining such values, the Commission shall employ such available public source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party States. Each of the Commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of minerals, ores, and other solid matter mined. (c) The Commission shall not pledge the credit of any party State. The Commission may meet any of its obligations in whole or in part with funds available to it under Article V(h) of this compact: provided that the Commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it under Article V(h) hereof, the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same. (d) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Commission. (e) The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any persons authorized by the Commission. (f) Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission. ARTICLE VIII Entry into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any four or more States. Thereafter, this compact shall become effective as to any other State upon its enactment thereof. (b) Any party State may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal. ARTICLE IX Effect on Other Laws Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party State. ARTICLE X Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any State participating herein, the compact shall remain in full force and effect as to the remaining party States and in full force and effect as to the State affected as to all severable matters. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 6, effective July 14, 2018. -- Created 1966 Ky. Acts ch. 4, sec. 29.

KRS 350.0301 Petition challenging determination of cabinet -- Conduct of hearings -- Administrative regulations -- Secretary may designate deputy to sign final orders

350.0301. Petition challenging determination of cabinet -- Conduct of hearings -- Administrative regulations -- Secretary may designate deputy to sign final orders (1) Any person who considers himself or herself aggrieved by any determination made by the cabinet under this chapter may file, in accordance with administrative regulations promulgated by the cabinet under the provisions of this chapter, a petition alleging that the determination is contrary to law or fact and is injurious to him, the grounds and reasons therefor, and demand a hearing. Unless the cabinet considers that the petition is frivolous, it shall serve written notice of the petition on each person named therein and shall schedule a hearing before the cabinet not less than twenty-one (21) days after the date of the notice unless the person complained against waives in writing the twenty-one (21) day period. The right to demand a hearing pursuant to this section shall be limited to a period of thirty (30) days after the petitioner has had actual notice of the determination complained of, or could reasonably have had notice. However, the petitioner shall have the opportunity to contest the validity of an underlying notice of noncompliance in a timely-filed demand for hearing to contest the validity of a cessation order issued for a failure to abate the violation contained in the notice of noncompliance. (2) All hearings, other than conferences, under this chapter shall be held before a hearing officer, duly qualified to practice law in the Commonwealth of Kentucky, who may be a full-time employee of the cabinet, serve by contract, or be paid on a per diem basis in the discretion of the cabinet. After the conclusion of the hearing, the hearing officer shall within thirty (30) days make to the secretary a report and recommended order which shall contain a finding of fact and a conclusion of law. If the secretary finds upon written request of the hearing officer that additional time is needed, the secretary may grant an extension. The hearing officer shall serve a copy of his report and recommended order upon all parties of record and their attorney of record to the proceeding, and they shall be granted the right to file exceptions thereto within fourteen (14) days of service. Any party may submit a written response to exceptions within twenty-one (21) days of service of the report and recommended order. Exceptions and responses not timely filed shall be noted and made a part of the record but shall not be considered by the secretary in making a final order. The secretary shall consider the report, exceptions, and recommended order and decide the case. The decision shall be served by mail upon all parties and their attorney of record and shall be a final order of the cabinet. (3) Any party to a hearing under this subsection may be represented by counsel, may make oral or written argument, offer testimony, cross-examine witnesses, or take any combination of these actions. The record of the hearing shall be open to public inspection, and copies thereof shall be made available to any person upon payment of the actual cost of reproducing the original. (4) All hearings conducted pursuant to this chapter shall be open to the public. (5) The cabinet shall promulgate administrative regulations, pursuant to the provisions set forth in this chapter, establishing formal and informal hearing procedures by which any hearing shall, upon the written request of the operator, permittee, or person, be held in the county or regional office where the surface coal mining operation is located, before an impartial hearing officer who is independent of any prosecutorial functions of the cabinet. The administrative regulations shall provide for the conduct of hearings and investigation of any matter relating to the regulation of surface coal mining and reclamation operations and provide for the assessment and payment of civil penalties. The procedures developed pursuant to this subsection shall provide that the hearings be held in the most expeditious manner possible within the time constraints established under this chapter. No person who presided at a prior hearing shall either preside at a subsequent hearing or participate in any further decision or subsequent administrative appeal in the same matter. (6) The cabinet may promulgate administrative regulations pursuant to the provisions set forth in this chapter establishing procedures for the holding of administrative conferences needed to implement the provisions of this chapter. (7) The secretary may designate a deputy to sign any or all final orders of the cabinet, whether the orders are the result of hearing or agreement. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 2, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 123, sec. 51, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 210, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 178, sec. 2, effective July 15, 1994. – Created 1992 Ky. Acts ch. 304, sec. 1, effective July 14, 1992.

KRS 350.0305 Appeal of cabinet's order

350.0305. Appeal of cabinet's order Any party aggrieved by a final order resulting from the hearing conducted pursuant to KRS 350.0301(1) on cabinet determinations may appeal to the Franklin Circuit Court; except that judicial review of a final order resulting from a hearing on the issuance of a notice of noncompliance, the issuance of an order for cessation and immediate compliance, the assessment of civil penalties, or a bond forfeiture shall be in accordance with KRS 350.032. The appeal shall be taken within thirty (30) days from the rendition of the final order. The party or parties affected by the final order shall file in the Circuit Court a petition which states fully the grounds upon which a review is sought and shall assign all errors relied on. The cabinet shall be named respondent, and service shall be had on the cabinet. Summons shall issue upon the petition directing the cabinet to send its entire record, properly bound, to the clerk of the Circuit Court after certifying that the record is its entire original record or a true copy. The record, when filed, shall become official and be considered by the Circuit Court on the review. After the case has been properly docketed in the Circuit Court, any party directly affected by the issues on appeal, may, upon notice to the parties, upon proper showing, and in the discretion of the court, be permitted to intervene. The court shall review the entire record and the findings and final order of the cabinet. No objection to the final order shall be considered by the court unless it was raised before the cabinet or there were reasonable grounds for failure to do so. The findings of the cabinet as to the facts, if supported by substantial evidence, shall be conclusive. The commencement of the proceedings under this section shall not operate as a stay of the cabinet's final order unless specifically ordered by the court. Appeals to the Court of Appeals from orders of the Circuit Court shall be taken in the manner provided in the Kentucky Rules of Civil Procedure. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 178, sec. 3, effective July 15, 1994. – Created 1992 Ky. Acts ch. 304, sec. 2, effective July 14, 1992.

KRS 350.310 Mining Council -- Members -- Terms

350.310. Mining Council -- Members -- Terms (1) The "Mining Council," hereinafter called "the council," is hereby established in the office of the Governor. The council shall be the advisory body referred to in Article V(a) of the Interstate Mining Compact. No member of the council shall receive any compensation on account of his service thereon, but any such member shall be entitled to reimbursement for expenses actually incurred by him in connection with his possible service as the Governor's alternate on the Interstate Mining Commission. (2) The council shall be composed of eight (8) members: one (1) of whom shall be the Lieutenant Governor; three (3) of whom shall be representatives of mining industries; two (2) of whom shall be representatives of nongovernmental conservation interests; the commissioner for environmental protection and the secretary of the Energy and Environment Cabinet. (3) The members of the council representing mining industries and nongovernmental conservation interests shall be appointed by the Governor. The term of office of such members shall be for four (4) years concurrent with that of the Governor or until their successor has been qualified. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1886, effective July 15, 2010. -- Amended 1980 Ky. Acts ch. 141, sec. 13, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 79. -- Created 1966 Ky. Acts ch. 4, sec. 30.

KRS 350.320 Bylaws of Interstate Mining Commission -- Where filed

350.320. Bylaws of Interstate Mining Commission -- Where filed In accordance with Article V(i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the Energy and Environment Cabinet. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1887, effective July 15, 2010. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Created 1966 Ky. Acts ch. 4, sec. 31.

KRS 350.400 Repealed, 1982

350.400. Repealed, 1982 Catchline at repeal: Applicability. History: Repealed 1982 Ky. Acts ch. 283, sec. 10. -- Created 1978 Ky. Acts ch. 330, sec. 1, effective May 3, 1978.

KRS 350.405 Restoration of land

350.405. Restoration of land The permittee or person shall restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as the use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicant's declared proposed land use following reclamation is not deemed to be impractical or unreasonable, inconsistent with applicable land use policies and plans, involves unreasonable delay in implementation, or is violative of federal, state, or local law. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 23, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 330, sec. 2, effective May 3, 1978.

KRS 350.410 Restoration of approximate original contour

350.410. Restoration of approximate original contour Except as provided in KRS 350.450(2)(a) to (e), the permittee, operator, or person shall with respect to all surface coal mining operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic materials), and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles, and depressions eliminated (unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this chapter); provided, however, that in surface coal mining which is carried out at the same location over a substantial period of time where the operation transects the coal deposit, and the thickness of the coal deposits relative to the volume of the overburden is large and where the permittee or operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade, and compact (where advisable) using all available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region; and, provided further, that in surface coal mining where the volume of overburden is large relative to the thickness of the coal deposit and where the permittee or operator demonstrates that due to volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour, the permittee or operator shall, after restoring the approximate contour, backfill, grade, and compact (where advisable) the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose, and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region and that the overburden or spoil shall be shaped and graded in such a way as to prevent slides, erosion, and water pollution and shall be revegetated in accordance with the requirements of this chapter. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 24, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 62, sec. 30. -- Created 1978 Ky. Acts ch. 330, sec. 3, effective May 3, 1978.

KRS 350.415 Soil segregation

350.415. Soil segregation The permittee or operator shall remove the topsoil from the land in a separate layer, replace it on the backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plant or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which are best able to support vegetation. Or where topsoil is of insufficient quantity or of poor quality for sustaining vegetation, the permittee or operator may, with the approval of the cabinet, employ the technology required to utilize alternative soil materials approved by the cabinet or soil amendments necessary to sustain vegetation in accordance with the requirements of this chapter. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 25, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 330, sec. 4, effective May 3, 1978.

KRS 350.420 Minimization of the disturbance to hydrologic balance

350.420. Minimization of the disturbance to hydrologic balance 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.

KRS 350.421 Protection of water resources

350.421. Protection of water resources (1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation or an underground coal mine. (2) Each permittee or operator of a surface or underground coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the surface or underground coal mine. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 311, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 429, sec. 27, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 62, sec. 37. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.425 Waste used as dams -- Jurisdiction over dams

350.425. Waste used as dams -- Jurisdiction over dams The permittee, operator, or other person shall design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon, in accordance with the standards and criteria developed pursuant to subsection (f) of Section 515 of Public Law 95-87, "Surface Mining Control and Reclamation Act of 1977," all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or permanently as dams or embankments. The Energy and Environment Cabinet through this chapter shall have exclusive jurisdiction over KRS Chapter 151 concerning the regulation of dams, levees, embankments, dikes, bridges, fills, or other obstructions across or along any stream or in the floodway of any stream, which structures or obstructions are permitted under this chapter. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1888, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 54, effective June 20, 2005. -- Amended 1992 Ky. Acts ch. 429, sec. 28, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 368, sec. 1, effective April 2, 1982. -- Created 1978 Ky. Acts ch. 330, sec. 6, effective May 3, 1978.

KRS 350.430 Explosives

350.430. Explosives The permittee or operator shall: (1) Provide adequate advance written notice to local governments and residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality and by mailing a copy of the proposed blasting schedule to every resident living within one-half (1/2) mile of the proposed blasting site and by providing daily notice to resident/occupiers in the areas prior to any blasting; (2) Maintain for a period of at least three (3) years and make available for public inspection upon request a log detailing the location of the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts; (3) Limit the type of explosives and detonating equipment, the size, the timing and frequency of blasts based upon the physical conditions of the site so as to prevent injury to persons, damage to public and private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of ground or surface water outside the permit area; (4) Require that all blasting operations be conducted by trained and competent persons as certified by the Department for Natural Resources; and (5) Provide that upon the request of a resident or owner of a man-made dwelling or structure within one-half (1/2) mile of any portion of the permitted area the applicant or permittee shall conduct a preblasting survey of the structures and submit the survey to the cabinet and a copy to the resident or owner making the request. The area of the survey shall be decided by the cabinet and shall include such provisions as the cabinet shall promulgate. (6) Penalties for violations of this section are those set forth in KRS 350.990. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 123, sec. 55, effective June 20, 2005. -- Amended 1992 Ky. Acts ch. 429, sec. 29, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 330, sec. 7, effective May 3, 1978.

KRS 350.435 Vegetation

350.435. Vegetation The permittee or other person shall establish on the regraded areas, and all other lands affected, a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except, that introduced species, such as the establishment of pollinator habitat sites for bees, may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 19, sec. 4, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 429, sec. 30, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 330, sec. 8, effective May 3, 1978.

KRS 350.440 Placement of excess spoil

350.440. Placement of excess spoil 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.

KRS 350.445 Steep-slope strip mining -- Performance standards -- Conditions for disturbing land above highwall for road construction

350.445. Steep-slope strip mining -- Performance standards -- Conditions for disturbing land above highwall for road construction The following performance standards shall be applicable to steep-slope strip mining and shall be in addition to those general performance standards required by KRS 350.405 to 350.435; provided, however, that the provisions of this section shall not apply to those situations in which a permittee or operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered through which the mining operation is to proceed, leaving a plain or predominantly flat area, or where a permittee or operator is in compliance with the provisions of KRS 350.450(2): (1) The permittee or operator shall insure that when performing strip mining on steep slopes, debris, abandoned or disabled equipment, spoil material, or waste mineral matter not be placed on the downslope below the bench or mining cut; provided, that spoil material in excess of that required for the reconstruction of the approximate original contour under the provisions of KRS 350.410 or 350.445(2) shall be permanently stored pursuant to KRS 350.440. (2) The permittee or operator shall complete backfilling with spoil material and shall be required to cover completely the highwall and return the site to the approximate original contour, which material will maintain stability following mining and reclamation. (3) The permittee or operator may not disturb land above the top of the highwall unless the cabinet finds that the disturbance will facilitate compliance with the environmental protection standards of this subsection; provided, however, that the land disturbed above the highwall shall be limited to that amount necessary to facilitate compliance. The land above the highwall may be disturbed for construction of a permanent road only where the applicant affirmatively demonstrates, and the cabinet makes a detailed and written determination, that the proposed disturbance facilitates compliance with this chapter and provided that the land disturbed shall be limited to that amount necessary to facilitate such compliance. The cabinet shall make this determination upon a demonstration by the permittee that: (a) The permittee will completely eliminate the production highwall and backfill the mined areas to approximate original contour with no road remaining on the bench; (b) The road will be placed on a solid base rather than on fill material and drainage will be diverted from the mining area; (c) The road will comply with all applicable design criteria, including a drainage plan for avoiding seepage or uncontrolled discharge of water into the backfilled areas; (d) The spoil calculations and spoil disposal plans include the road cut material and the extent, if any, that road cut material will be used to eliminate a production highwall; (e) The road will connect to another road or roads and is necessary in order to support the approved postmining land uses; (f) Where practical and feasible, an undisturbed barrier will be left between the production highwall and the road itself. When an undisturbed barrier is not feasible, witness monuments will be left at a minimum of two (2) locations above the production highwall; (g) The road will be constructed to a size and design appropriate to the proposed post-mining land use; (h) The proposed mine plan and sequencing of the road construction in relation to the mining activity will minimize placement of spoil material into valley or hollow fills and will maximize permanent retention of mined spoil on the mine bench; (i) There will be no coal removal from the construction of the permanent road except for incidental nonmerchantable coal that is disposed of in an approved manner; and (j) All other performance standards of the chapter are met. (4) For the purposes of this section, the term "steep slope" is any slope above twenty (20) degrees or such lesser slope as may be defined by the cabinet, by regulation, after consideration of soil, climate, and other characteristics of the region. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 37, sec. 5, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 367, sec. 1, effective July 14, 2000. -- Amended 1992 Ky. Acts ch. 429, sec. 32, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 330, sec. 10, effective May 3, 1978.

KRS 350.450 Prime farmland -- Mountaintop removal -- Variance upon written request of surface owner -- Technical assistance for small operator -- Release of portion of bond

350.450. Prime farmland -- Mountaintop removal -- Variance upon written request of surface owner -- Technical assistance for small operator -- Release of portion of bond (1) If the area proposed to be mined contains prime farmland as defined in Public Law 95-87, "Surface Mining Control and Reclamation Act of 1977," then no permit shall be issued unless it complies with Section 510(d)(1) therein. Nothing in this subsection shall apply to any permit issued prior to August 3, 1977, or to any revisions or renewals thereof, or to any existing surface coal mining operations for which a permit was issued prior to August 3, 1977. Nothing herein shall be construed as authorizing the cabinet to promulgate regulations more stringent than those promulgated pursuant to PL 95-87 relating to prime farmland. (2) Where a surface coal mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining, the operation shall comply with the requirements of paragraphs (c) and (d) of this subsection without regard to the requirements of KRS 350.410 or 350.445(2) and (3) with respect to lands from which overburden and the coal seam being mined have not been removed; provided, however, the cabinet shall establish internal procedures pursuant to which it shall permit surface coal mining operations for the purposes set forth in paragraph (b) of this subsection. (a) Where an applicant meets the requirements of paragraphs (b) and (c) of this subsection a permit without regard to the requirements to restore to approximate original contour set forth in KRS 350.410 or 350.445(2) and (3) may be granted for the surface coal mining operations where the mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill, except as provided in paragraph (c)1. of this subsection, by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining and capable of supporting postmining uses in accord with the requirements of this subsection. (b) In cases where an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use is proposed for the postmining use of the affected land, the cabinet may grant a permit for a surface coal mining operation of the nature described in paragraph (a) of this subsection where: 1. After consultation with the appropriate land use planning agencies, if any, the proposed postmining land use is deemed by the cabinet to constitute an equal or better economic or public use of the affected land as compared with premining use; 2. The applicant presents specific plans for the proposed postmining land use and appropriate assurances that the land use will be: a. Compatible with adjacent land uses; b. Obtainable according to data regarding expected need and market; c. Assured of investment in necessary public facilities; d. Supported by commitments from public agencies where appropriate; e. Practicable with respect to private financial capability for completion of the proposed use; f. Planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use; and g. Designed by a registered engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site; 3. The proposed use would be consistent with adjacent land uses and existing state and local land use plans; 4. The cabinet provides the governing body of the unit of general-purpose government in which the land is located, and any state or federal agency which the cabinet in its discretion determines to have an interest in the proposed use, an opportunity of not more than thirty (30) days to review and comment on the proposed use; and 5. All other requirements of this chapter will be met. (c) In granting any permit pursuant to this subsection the following requirements apply: 1. The toe of the lowest coal seam and the overburden associated with it are retained in place as a barrier to slides and erosion; 2. The reclaimed area is stable; 3. The resulting plateau or rolling contour drains inward from the outslopes except at specified points; 4. No damage will be done to natural watercourses; 5. Spoil will be placed on the mountaintop bench as is necessary to achieve the planned postmining land use; provided, that all excess spoil material not retained on the mountaintop shall be placed in accordance with the provisions of KRS 350.440; and 6. Insure stability of the spoil retained on the mountaintop and meet the other requirements of this chapter. (d) The regulatory authority shall promulgate specific regulations to govern the granting of permits in accord with the provisions of this subsection. (e) All permits granted under the provisions of this subsection shall be reviewed not more than three (3) years from the date of issuance of the permit, unless the applicant affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the approved schedule and reclamation plan. (3) (a) The cabinet shall adopt procedures pursuant to which it may permit variances from the requirements of KRS 350.410 for the purposes set forth in paragraph (c) of this subsection, provided that the watershed control of the area is improved, and further provided, complete backfilling with spoil material shall be required to cover completely the highwall, which material will maintain stability following mining and reclamation. (b) Where an applicant meets the requirements of paragraphs (c) and (d) of this subsection, a variance from the requirement to restore the approximate original contour set forth in KRS 350.410 and 350.445(2) may be granted for surface coal mining operations where the owner of the surface knowingly requests in writing, as a part of the permit application, that such a variance be granted so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use, including recreational facilities. (c) After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land shall: 1. Be deemed by the cabinet to constitute an equal or better economic or public use; 2. Be designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site; and 3. The watershed of the affected land be deemed by the cabinet to be improved. (d) In granting a variance pursuant to paragraph (b) of this subsection, the cabinet shall require that only the amount of spoil will be placed off the mine bench that is necessary to achieve the planned postmining land use, insure stability of the spoil retained on the bench, meet all other requirements of this chapter, and require all spoil placement off the mine bench to comply with KRS 350.440. (e) The cabinet shall promulgate specific regulations as it deems necessary, if any, to govern the granting of variances in accord with the provisions of this subsection and may impose additional requirements it deems to be necessary. (f) All exceptions granted under the provisions of this subsection shall be reviewed not more than three (3) years from the date of issuance of the permit, unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan. (4) The cabinet shall adopt programs, regulations, and procedures designed to provide technical assistance to assist the small coal operator with the permitting and environmental protection performance standards for surface coal mining operations within the Commonwealth. The programs shall be directed towards eliminating delays in the processing of permits by establishing a special administrative program to review small operator's permit applications and by establishing a procedure for providing the small operator the technical services of public and private agencies in addition to the services provided pursuant to KRS 350.465(2)(f) necessary for completing the permit application. Specifically, notwithstanding any other provision of this chapter or regulations adopted pursuant thereto, for the purpose of this program, the cabinet shall: (a) Develop a simplified small operator permit application. The cabinet shall notify all applicants of deficiencies in the form of the application by certified mail within ten (10) working days after the filing in the regional office. The applicant shall have ten (10) working days after the receipt of the notification to repair the deficiencies. Upon failure of the applicant to repair the deficiencies within ten (10) working days after receipt of the notification, the cabinet may return the application as incomplete. (b) Provide in the abandoned mine land program for small operators, having mined coal under a state permit or license at any time within the previous three (3) years, participation consisting at least of the following: 1. That lands acquired or reclaimed by the state containing coal, coal refuse or other marketable minerals which should be removed in order to maximize the utilization, recoverability or conservation of solid fuel resources or to protect against adverse water quality impacts and which, once reclaimed, cannot be disturbed again by mining, shall be reclaimed by small operators unless the cabinet determines, after advertisement and advance opportunity to bid, that the reclamation project cannot be performed by the small operator bidders; 2. That the cabinet shall establish procedures for maximizing participation by small operators in all reclamation projects including: a. Designing and establishing project specifications and setting forth in the annual request for federal funding under the state reclamation plan not less than twenty percent (20%) of the projects on cost basis to be performed by small operators; b. Advance advertising, soliciting, evaluating bids, and awarding contracts on all state reclamation projects for small operators. 3. In the event no bids are submitted by small operators for small operator projects, the projects will be thereafter open for public bidding and no longer designated as small operator projects but shall satisfy that portion of the twenty percent (20%) set aside. (c) For the purposes of this subsection, a small coal operator is one who is anticipated to mine less than three hundred thousand (300,000) tons per year, and the cabinet in determining tonnage for qualification shall consider all production from common ownership of other corporations or operations. (d) Upon written notification by the small coal operator to the cabinet stating that no more mining will take place under a permit, the cabinet shall release a portion of the bond in accordance with KRS 350.070. In making its determinations pursuant to KRS 350.070 the cabinet shall: 1. Determine the percentage of the permitted acreage in the area of reduction in relation to the initial acreage of the permit; 2. Examine the land which has been disturbed and estimate the cost of reclamation; 3. When the estimated cost of reclamation does not exceed ten thousand dollars ($10,000) then the cabinet shall return all bond money in excess of the ten thousand dollars ($10,000); 4. When the estimated cost of reclamation exceeds ten thousand dollars ($10,000), the cabinet shall retain the amount estimated and shall return all bond money in excess of the estimated amount but in no case shall the cabinet return more than the amount determined by multiplying the percentage determined under subparagraph 1. of this paragraph times the original total bond amount. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 119, sec. 2, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 390, sec. 1, effective April 11, 1984. -- Amended 1982 Ky. Acts ch. 283, sec. 7, effective April 2, 1982. -- Amended 1980 Ky. Acts ch. 62, sec. 33, effective March 21, 1980; and ch. 209, sec. 1, effective March 21, 1980. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 26, sec. 1, effective February 13, 1979. -- Created 1978 Ky. Acts ch. 330, sec. 11, effective May 3, 1978.

KRS 350.455 Water impoundment on mining site

350.455. Water impoundment on mining site 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.

KRS 350.460 Financial interest by state employee prohibited

350.460. Financial interest by state employee prohibited No employee of the state performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or strip coal mining operation. Whoever knowingly violates the provisions of this section is guilty of a Class A misdemeanor, and shall, upon conviction, be punished by a fine of not more than two thousand and five hundred dollars ($2,500), or by imprisonment of not more than one (1) year, or both. Effective: May 3, 1978 History: Created 1978 Ky. Acts ch. 330, sec. 13, effective May 3, 1978.

KRS 350.465 Permanent regulatory program

350.465. Permanent regulatory program (1) The provisions of this section and regulations promulgated pursuant thereto, except with regard to the mining of clay, limestone, sand, gravel, fluorspar, stone, and rock asphalt, shall apply to the regulation of all surface coal mining and reclamation operations in the Commonwealth in the event that the Commonwealth receives from the United States Department of Interior and pursuant to the Surface Mining Control and Reclamation Act of 1977, PL 95-87, approval of a permanent state regulatory program, and the Commonwealth has promulgated regulations pursuant to this section. (2) The Energy and Environment Cabinet is hereby authorized and directed to prepare, develop and promulgate a comprehensive permanent regulatory program for the implementation of the Surface Mining Control and Reclamation Act of 1977, PL 95-87, for the purpose of accepting and administering primary enforcement responsibilities pursuant to that act. The implementation of this section shall contain procedures similar to the Surface Mining Control and Reclamation Act of 1977, PL 95-87, and shall require surface coal mining operation performance standards no more stringent than provided for in that act. Nothing in this section shall be construed to empower the cabinet to adopt a regulatory program in conflict with the policy and purposes of the Surface Mining Control and Reclamation Act of 1977, PL 95-87. To that end, the Energy and Environment Cabinet shall include in its permanent regulatory program: (a) Environmental protection performance standards to prevent or minimize the adverse environmental effects of surface coal mining and reclamation operations on the land and water resources of the Commonwealth; (b) A procedure for designating as being unsuitable for mining certain lands because of their topographical, geological, hydrological, climatological, biological, or chemical characteristics or historical, cultural, scientific, or aesthetic values; (c) Procedures and regulations for the allowance of those persons having an interest which is or may be adversely affected to have the opportunity to be heard at every significant or critical part of the administrative and judicial process, including, but not limited to, the permit review and issuance process, the general enforcement process and hearings incident thereto, and the rulemaking procedures conducted by the cabinet; and procedures and regulations for persons having a valid legal interest which is or may be adversely affected by the setting, release, and inspection of bonds to have an opportunity to be heard at every significant or critical part of the administrative and judicial process relating to bonds. The regulations shall provide reasonable procedures for notice and an opportunity to be heard, access to minesites, access to records, and other reasonable procedures to accomplish the purposes of this chapter; (d) Procedures for the administrative and judicial review of all actions of the cabinet to administer and enforce the provisions of this chapter, including the award of costs and expenses, including attorney's fees and expert witness fees, by the cabinet or the court; (e) Plans and procedures for the reclamation and restoration of land and water resources affected by mining which have been abandoned or inadequately reclaimed to the standards imposed by this section and for which no bond is held or legal obligation to reclaim continues. The plan shall include provisions for the imposition of liens for necessary reclamation expenditures made on private property; and (f) Procedures for the assumption of the small operator assistance program pursuant to the Surface Mining Control and Reclamation Act of 1977, PL 95- 87. The cabinet shall assume and implement that program and apply for and administer funds as may be provided pursuant to that act and such state funds as may be provided for the program. (3) In addition to any other authority, power, and duty vested in it by law, the cabinet shall have and exercise broad authority, power, and duty to: (a) Require those persons who wish to engage in surface coal mining and reclamation operations to submit application for a permit from the cabinet to conduct the operations, and to include in that application all information required by the cabinet pertaining to that operation; (b) Issue, deny, or modify under such conditions as the cabinet may prescribe, permits to conduct surface coal mining and reclamation operations within the Commonwealth; (c) Enter and inspect any permitted surface coal mining and reclamation operation or any known or suspected unpermitted mining operation for the purpose of ascertaining compliance with any provision of this chapter or of the permit; (d) Order the cessation of mining activities, and if necessary impose affirmative abatement obligations, upon the permittee, operator, or person when, upon inspection, the cabinet determines that this section or any permit condition is being or has been violated so as to constitute an imminent and inordinate peril to the welfare of the Commonwealth; (e) Order a person, permittee, or an operator to comply with the requirements of this section or his permit if inspection reveals a violation of the conditions of his permit or of any provision of this section; (f) Order a permittee to appear and show cause why his permit should not be suspended or revoked and his bond forfeited if the cabinet determines that the permittee or operator or the permitted operation has a pattern of violations of this section or permit conditions, and has willfully violated this section or permit conditions or a pattern of violations exists and that the violations are caused by the operator's or permittee's unwarranted failure to comply with this section or permit conditions; (g) Require, increase, release, or decrease, under such conditions as the cabinet may prescribe, reclamation performance bonds and cause the forfeiture and collection of those bonds where the permittee has abandoned the operation or for which the permit under which the bond was given has been revoked or has expired without the required reclamation; (h) To administratively impose, in lieu of those civil penalties provided for in KRS 350.990, civil penalties of up to five thousand dollars ($5,000) per day for violations of permit conditions, this section, or any orders of the cabinet and enforce the administrative assessment of the penalties by initiating civil action in the Franklin Circuit Court or in any court having jurisdiction of the defendant; (i) Conduct hearings and make investigations of any matter relating to the regulation of surface coal mining and reclamation operations, and provide for the assessment and payment of civil penalties including the placement of proposed civil penalty assessments into an escrow account prior to a contest on the amount of the assessment, consistent with the process of law; (j) Provide for variances or exceptions consistent with KRS 350.450 from or in addition to mining performance standards, recognizing the specific characteristics inherent in: 1. Steep slope mining; 2. Mountaintop removal; 3. Relatively low acreage disturbance or annual coal production; 4. Prime farmland mining as defined by the United States Department of Agriculture, and to provide for other variances where land uses and watersheds will be improved; and 5. Postmining uses different from and as beneficial as the premining uses; (k) Receive and expend funds or aid from whatever source to accomplish the purposes of this chapter; and (l) Propose and promulgate regulations to accomplish the purposes of this section. (4) The cabinet shall not promulgate regulations which are inconsistent with the Surface Mining Control and Reclamation Act of 1977, PL 95-87. (5) Any person who violates a provision of this section or the regulations promulgated pursuant thereto shall be subject to those penalties and remedies set forth in KRS 350.990 except as provided for in subsection (3)(h) of this section. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1889, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 429, sec. 34, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 62, sec. 34. -- Created 1978 Ky. Acts ch. 330, sec. 28, effective June 1, 1979.

KRS 350.470 Repealed, 2017

350.470. Repealed, 2017 Catchline at repeal: Review of regulations. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 1980 Ky. Acts ch. 377, sec. 6. -- Created 1978 Ky. Acts ch. 330, sec. 29, effective June 1, 1979.

KRS 350.475 Regulations regarding disturbance of reclaimed permit areas and for transferring liability for reclamation

350.475. Regulations regarding disturbance of reclaimed permit areas and for transferring liability for reclamation (1) The Energy and Environment Cabinet is directed to promulgate regulations which specifically address what liability surface mining permittees shall have to reclaim permit areas on which parties or forces not controlled by the permittee have disturbed the reclamation previously performed by the permittee. Such parties or forces not controlled by the permittee shall include, without limitation, acts of God, oil and gas operations, loggers, recreational vehicles, and trespassers. (2) The Energy and Environment Cabinet is also directed to promulgate regulations which specifically set forth the procedure for transferring liability for reclamation of a surface mining permit to a party who will make a post mining use of the permit area. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1890, effective July 15, 2010. -- Created 1990 Ky. Acts ch. 494, sec. 1, effective July 13, 1990.

KRS 350.480 Use of simplified procedures for determining restoration of soil productivity on mined prime farmlands

350.480. Use of simplified procedures for determining restoration of soil productivity on mined prime farmlands The cabinet shall allow the use of a soil test or other simplified procedures to determine if soil productivity on mined prime farmlands has been restored to levels that would allow average crop yields to equal or exceed the average yield of the reference crop, provided the methods are approved by the Office of Surface Mining. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 284, sec. 1, effective July 14, 1992.

KRS 350.485 Promotion of research and data collection on simplified procedures to determine their validity with respect to restoration of soil productivity on mined prime farmlands

350.485. Promotion of research and data collection on simplified procedures to determine their validity with respect to restoration of soil productivity on mined prime farmlands The cabinet shall encourage research and data collection to determine the validity of using a soil test or other simplified procedure to determine if mined prime farmland soils will meet yield requirements. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 284, sec. 2, effective July 14, 1992.

KRS 350.500 Definitions for KRS 350.500 to 350.521

350.500. Definitions for KRS 350.500 to 350.521 As used in KRS 350.500 to 350.521, unless the context otherwise requires: (1) "Actuarial soundness" means the fund has achieved financial positioning such that the collected revenues, including bond forfeiture amounts, and earned investment income in aggregate are sufficient to build reserves that can be reasonably anticipated to provide for the long-term future expected reclamation losses, including shock or catastrophic losses, loss adjustment expenses, and administrative expenses associated with the fund's operation; (2) "Date of establishment of the fund" means July 1, 2013; (3) "Kentucky reclamation guaranty fund" or "the fund" means the fund established in KRS 350.503; (4) "Reclamation Guaranty Fund Commission" or "commission" means the commission established in KRS 350.506; and (5) "Voluntary bond pool fund" means that bond pool fund established in KRS 350.700 to 350.755, which are repealed by 2013 Ky. Acts ch. 78, sec. 12. Effective: March 22, 2013 History: Created 2013 Ky. Acts ch. 78, sec. 1, effective March 22, 2013.

KRS 350.503 Kentucky reclamation guaranty fund

350.503. Kentucky reclamation guaranty fund (1) There is hereby established a revolving fund to be known as the "Kentucky reclamation guaranty fund," which shall be administratively assigned to the cabinet and which shall be administered in accordance with the terms of KRS 350.500 to 350.521. (2) The fund shall consist of all moneys collected pursuant to KRS 350.515 and 350.518. (3) Moneys collected pursuant to subsection (2) of this section shall not be utilized for the reclamation of permits forfeited prior to January 1, 2014, except for obligations as may arise from the forfeiture of bonds prior to that date secured by the voluntary bond pool. (4) Moneys in the fund shall be held in an interest-bearing account and shall be used as follows and for no other purposes: (a) To reclaim, in the event of forfeiture, permit areas or increments thereof, covered by the fund; (b) To compensate the cabinet for costs of administering the fund; (c) To fund audits and actuarial studies required under KRS 350.509; and (d) To cover all operating expenses and any necessary legal expenses of the Reclamation Guaranty Fund Commission. (5) Moneys in the fund shall not be utilized for long-term treatment of substandard water discharges and subsidence. (6) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of a fiscal year shall not lapse, but shall be carried forward into the succeeding fiscal year for use as provided in this section. (7) The fund shall be exempt from the requirements applicable to insurers under KRS Chapter 304. Effective: March 22, 2013 History: Created 2013 Ky. Acts ch. 78, sec. 2, effective March 22, 2013.

KRS 350.506 Reclamation Guaranty Fund Commission -- Membership -- Bylaws -- Meetings -- Conflicts of interest -- Applicability of Executive Branch Code of Ethics

350.506. Reclamation Guaranty Fund Commission -- Membership -- Bylaws -- Meetings -- Conflicts of interest -- Applicability of Executive Branch Code of Ethics (1) There is hereby created the Reclamation Guaranty Fund Commission which shall be administratively attached to the cabinet. The commission shall consist of seven (7) members. One (1) member shall be the secretary of the Energy and Environment Cabinet, or his or her designee, who shall serve as chair of the commission. The other six (6) members of the commission shall be appointed by the Governor as follows: (a) Three (3) members of the commission shall be representatives of coal mining permittees that participate in the fund, with the following qualifications tiered to represent the size of the operator measured in tons of coal sold: 1. A representative of a permittee which participates in the fund and has mined and sold less than one million (1,000,000) tons of coal during the twelve (12) months preceding appointment; 2. A representative of a permittee which participates in the fund and has mined and sold over one million (1,000,000) tons but less than five million (5,000,000) tons of coal during the twelve (12) months preceding appointment; and 3. A representative of a permittee which participates in the fund and has mined and sold more than five million (5,000,000) tons of coal during the twelve (12) months preceding appointment. If no permittee that participates in the fund meets the qualifications stated in subparagraph 2. or 3. of this paragraph, then a qualified permittee shall be selected in a lower tier; (b) Two (2) members of the commission shall be representatives with a background in the insurance and banking industries with knowledge of the coal industry and chosen from a list of nominees submitted by the chair of the commission and the remaining members of the commission; and (c) One (1) member shall be a certified public accountant who is not associated with, or does not have a financial interest in, coal mining operations in the Commonwealth of Kentucky. (2) (a) Appointments shall be made by the Governor for terms of four (4) years. Members may serve successive terms if reappointed, not to exceed two (2) full consecutive terms. Any vacancy in an unexpired term shall be filled for the unexpired portion of the term by the Governor. (b) A member of the commission shall be elected at the first meeting of each fiscal year by majority vote of the other members to serve as vice chair of the commission whose term shall be for one (1) year. (3) The commission shall adopt bylaws by which it shall establish procedures for conduct of meetings. (4) The official domicile of the commission shall be Franklin County. All actions of the commission shall be considered to occur in Franklin County. (5) The commission shall meet no less than once every three (3) months. Four (4) members of the commission shall constitute a quorum at any meeting. (6) Each commission member, except the cabinet representative, shall receive one hundred fifty dollars ($150) per diem for each meeting attended. Members of the commission also shall be reimbursed for actual and necessary expenses directly related to meetings of the commission. (7) If a member of the commission fails to attend four (4) consecutive meetings, the position shall be considered to be vacated, and the Governor, after receiving notice of the vacancy from the commission, shall immediately appoint a qualified person to serve the remainder of the term. (8) Any member of the commission having any direct or indirect financial interest or any other conflict of interest with respect to an assignment of classification pursuant to KRS 350.518, sanctions for nonpayment of fees established in KRS 350.515 and 350.518, or assessment of the fee pursuant to KRS 350.518, shall not participate in any discussion or vote pertaining to specific mining operations for which the member is an owner or employee. (9) Misuse of the office by a member of the commission to obtain personal, pecuniary, or material gain or advantage for himself or a company in his dominion or control shall be automatic grounds for removal by the Governor. (10) Members of the commission, its agents, and employees shall be immune from suit in any action, civil or criminal, which is based upon any official act or acts performed by them in good faith. (11) Members of the commission, its agents, and employees shall be subject to the terms and provisions of the Executive Branch Code of Ethics, as set forth in KRS Chapter 11A. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 166, sec. 1, effective July 14, 2022. -- Created 2013 Ky. Acts ch. 78, sec. 3, effective March 22, 2013. Legislative Research Commission Note (3/22/2013). Under the authority of KRS 7.136(1), the Reviser of Statutes has modified the internal numbering of subsection (1)(a) of this statute from the way it appeared in 2013 Ky. Acts ch. 78, sec. 3. The words in the text were not changed.

KRS 350.509 Duties of commission

350.509. Duties of commission The commission shall be attached to the cabinet for administrative purposes and staffed by the Office of the Reclamation Guaranty Fund established pursuant to KRS 350.512. The commission shall: (1) Review, recommend, and promulgate administrative regulations pursuant to KRS Chapter 13A, which are necessary to: (a) Monitor and maintain the fund; (b) Establish a structure for the administration of processing claims and making payments; (c) Establish mechanisms for review of the viability of the fund and criteria for determining when a recommendation shall be made to the secretary of the cabinet to close the fund for failure to maintain actuarial soundness; (d) Set the schedule of penalties consistent with this chapter associated with late payment, failure to pay, and defrauding the commission through the submission of fraudulent information or withholding requested documentation; (e) Review, in accordance with the applicable administrative regulations of the cabinet and KRS 350.515 and 350.518, all assignments of permittee classification of mine type and assessment of established fees; and (f) Establish a structure for the payment of the assessments required in KRS 350.515(2)(b) and 350.518; (2) Notify permittees of suspension or reinstatement of the fees required by KRS 350.518(2); (3) Employ, in accordance with KRS 45A.690 to 45A.725, a certified public accountant in good standing to perform an annual audit of the fund for the first five (5) years of the operations of the fund. Thereafter, the commission shall have audits performed every two (2) years or more frequently as determined necessary by the commission. Audit results shall be reported to the commission and to the Governor; (4) Employ, in accordance with KRS 45A.690 to 45A.725, a qualified actuary to perform an actuarial study annually for the first three (3) years of the operations of the fund. Thereafter, the commission shall have actuarial studies performed every two (2) years or more frequently as determined necessary by the commission. Results of these studies shall be reported to the commission and to the Governor; (5) Perform all functions necessary and authorize expenditures from the fund necessary to carry out the provisions of law and the administrative regulations of the commission; (6) Report to the Governor and the Interim Joint Committee on Natural Resources and Environment no later than December 31 of each year as to the financial status of the reclamation guaranty fund; (7) Conduct investigations and issue subpoenas on behalf of the commission to verify reporting, payment, and other activities of permittees related to the fund. All documents produced in response to investigations and subpoenas by the commission shall remain confidential and not subject to the provisions of KRS 61.870 to 61.882; and (8) Bring an action in Franklin Circuit Court against any permittee for the recovery of funds spent by the commission by reason of forfeiture of that permittee. The commission may utilize the legal department of the cabinet for this purpose. Effective: March 22, 2013 History: Created 2013 Ky. Acts ch. 78, sec. 4, effective March 22, 2013.

KRS 350.512 Office of the Reclamation Guaranty Fund -- Duties of executive director

350.512. Office of the Reclamation Guaranty Fund -- Duties of executive director (1) The Governor shall establish an Office of the Reclamation Guaranty Fund and appoint an executive director to manage its affairs. The executive director shall serve at the pleasure of the Governor and have all the authority to hire staff, contract for necessary services, and implement the collection of fees and assessments set forth by the commission. (2) The executive director shall be responsible for: (a) Collecting and depositing into the fund all fees submitted by permittees; (b) Assessing permit eligibility of permittees for late payment or nonpayment of fees, in accordance with KRS 350.515 and 350.518; (c) Compiling information about permittees for use by the commission in assigning or revising classifications and fees; (d) Paying moneys out of the fund as authorized by the commission; (e) At each meeting of the commission, reporting to the same, the status of the fund and activities of the fund's executive director; and (f) Performing other administrative functions as are necessary to carry out the purposes of KRS 350.500 to 350.521. Effective: March 22, 2013 History: Created 2013 Ky. Acts ch. 78, sec. 5, effective March 22, 2013.

KRS 350.515 Mandatory participation in fund -- Initial capitalization -- One-time assessments -- Full-cost bond in lieu of participation

350.515. Mandatory participation in fund -- Initial capitalization -- One-time assessments -- Full-cost bond in lieu of participation (1) Any permittee of a surface coal mining operation, as defined in KRS 350.010(1), located in Kentucky who meets the criteria set forth in this section and in administrative regulations promulgated by the cabinet, shall be a mandatory participant in the fund, except as provided in subsection (5) of this section. (2) The initial capitalization of the fund shall be accomplished in the following manner: (a) Transfer of the assets and liabilities of the voluntary bond pool fund to the Kentucky reclamation guaranty fund upon March 22, 2013; and (b) On the date of the establishment of the fund, each entity holding a permit subject to subsection (1) of this section shall be liable to the fund for the following one (1) time assessments, which shall be payable to the fund within thirty (30) days' notice of the amounts thereof: 1. A start-up assessment of one thousand five hundred dollars ($1,500); and 2. An assessment of ten dollars ($10) per active permitted acre. (3) Members of the former voluntary bond pool as established prior to March 22, 2013, shall be exempt from the requirements of subsections (2)(b) and (4) of this section. (4) Entities entering the fund after the date of the establishment of the fund shall pay a one (1) time assessment of ten thousand dollars ($10,000) to the fund. The cabinet shall not issue a permit to the entity until the one (1) time assessment is paid. (5) Member entities shall be given the option to provide full-cost bonds based on a reclamation cost estimate that reflects reclamation costs to the cabinet and certified by a registered professional engineer in lieu of participation in the fund. The estimate's calculations shall be equivalent to those set forth in the United States Office of Surface Mining Reclamation and Enforcement's Handbook for the Calculation of Reclamation Bond Amounts, OSM Directive TSR-1, and calculated on forms developed by the cabinet. If an applicant opts out and elects to provide a full-cost bond, the applicant shall not be subject to any fees or to any provisions of KRS 350.500 to 350.521. Effective: March 22, 2013 History: Created 2013 Ky. Acts ch. 78, sec. 6, effective March 22, 2013.

KRS 350.518 Permittee to submit permit-specific bond under KRS 350.060(11) -- Tonnage fees -- Assignment of mine type classification -- Inclusion of future permits of existing classification -- Inclusion of future permits of existing voluntary bond pool fund members -- Permit-specific penal bond -- Administrative regulations -- Suspension of permit for arrearage in fees --

350.518. Permittee to submit permit-specific bond under KRS 350.060(11) -- Tonnage fees -- Assignment of mine type classification -- Inclusion of future permits of existing classification -- Inclusion of future permits of existing voluntary bond pool fund members -- Permit-specific penal bond -- Administrative regulations -- Suspension of permit for arrearage in fees -- Rights and remedies. (1) In addition to the provisions of KRS 350.500 to 350.521, each permittee shall submit a permit-specific bond in accordance with KRS 350.060(11) and all administrative regulations promulgated thereunder. (2) Each permittee subject to KRS 350.515(1) shall pay to the fund a fee for each ton of coal mined and sold by surface and underground coal mining operations from each permit area. For the purposes of assessing tonnage fees, all permits subject to eligibility for expenditures from the fund shall be assigned to one (1) of the following classifications: (a) Surface coal mining operations, including auger and highwall mining, for which an initial rate of seven and fifty-seven hundredths cents ($0.0757) per ton of coal shall be paid to the fund; (b) Underground coal mining operations, for which an initial rate of three and fifty-seven hundredths cents ($0.0357) per ton of coal shall be paid to the fund; (c) Permits that consist of combined surface and underground mining operations shall pay a fee in accordance with the predominant method of coal extraction; (d) All permits previously subject to the voluntary bond pool fund at the time of its repeal by 2013 Ky. Acts ch. 78, sec. 12, shall: 1. Be excluded from the start-up fee established in KRS 350.515; 2. Pay the tonnage fees set forth in paragraphs (a) and (b) of this subsection to the fund in lieu of tonnage fees otherwise due under KRS 350.725(2); and 3. Continue to receive subsidization of the reclamation bonding authorized under KRS 350.500 to 350.521 and the administrative regulations adopted pursuant thereto. The fund shall continue to provide coverage for existing bonds previously issued for them by the voluntary bond pool; (e) Permits which are used exclusively for coal preparation and processing operations, loading activities, disposal of refuse operations, coal haulage and access roads, mine maintenance areas, and other support facilities, and other permits not subject to the provisions of paragraphs (a) and (b) of this subsection as determined by the commission, shall pay an annual fee of ten dollars ($10) per acre to the fund in equal quarterly installments; and (f) Any permits, or expired permits, not subject to the fees in paragraphs (a) to (e) of this subsection shall pay an annual fee of six dollars ($6) per surface acre to the fund in equal quarterly installments. The fee shall not apply to permits that: 1. Have not been initially disturbed after permit issuance by the permittees; 2. Contain underground acreage only; or 3. Have received an initial bond release in accordance with KRS 350.093(4)(a). (3) (a) The commission shall include in the fund under the terms set forth in subsection (2)(d) of this section, future permits obtained by entities that are members of the voluntary bond pool fund at the date of the establishment of the fund, provided the entity and the entity's owners seeking permit coverage have: 1. Never committed a violation for mining without having first obtained the required permit under this chapter; 2. Never forfeited a bond or had a permit revoked under this chapter; 3. Never avoided forfeiture of a bond under this chapter because of a surety-performed reclamation work to avoid forfeiture; 4. Never been determined to have demonstrated a pattern of violations pursuant to KRS 350.028(4), 350.130(3), or 350.465(3)(f); 5. Not been issued more than four (4) orders for cessation and immediate compliance pursuant to a failure to perform remediation within the time or under the terms specified by the cabinet in a notice of noncompliance and order for remedial measures in the most recent thirty-six (36) months of operation and the order was abated as ordered by the cabinet in a timely manner and was not for a violation of contemporaneous reclamation requirements as prescribed in administrative regulations promulgated by the cabinet and have reached final dispositions; 6. Not committed more than three (3) violations for contemporaneous reclamation requirements as prescribed in administrative regulations promulgated by the cabinet in the most recent thirty-six (36) months of operation and the order was abated as ordered by the cabinet in a timely manner and have reached final disposition, except the commission may for good cause shown and by unanimous vote exclude violations that have been terminated by the cabinet with no civil penalty; 7. Not committed more than eight (8) violations of surface mining permanent program requirements set forth in this chapter or any performance standards for mining established in administrative regulations promulgated by the cabinet pursuant to this chapter and which have reached final disposition on any one (1) permit in any twelve (12) month period of the most recent thirty-six (36) months of operation, except the commission may for good cause shown and by unanimous vote exclude the twelve (12) month period on one (1) permit during which the largest number of violations occurred and may for good cause shown and by unanimous vote exclude violations that were timely abated and terminated by the cabinet with no civil penalty; or 8. Not had civil penalties under this chapter or imposed pursuant to administrative hearing of the cabinet remaining unpaid more than thirty (30) days after they were due and payable, within the most recent thirty- six (36) months of operation. (b) The existing members of the voluntary bond pool are deemed to qualify as members thereof under the provisions of this subsection, and the provisions of this subsection shall only apply to the existing members of the voluntary bond pool prospectively from March 22, 2013. (4) The increase in the total amount of bonds issued to any one (1) member of the voluntary bond pool under subsection (3) of this section shall not exceed twenty- five percent (25%) of the greater of: (a) The member's aggregate amount of bonds in force and issued by the voluntary bond pool as of March 22, 2013; or (b) The total of that member's aggregate amount of bonds in force and issued by the voluntary bond pool as of March 22, 2013, plus fifty-five percent (55%) of that total. (5) The commission may consider for inclusion in the fund under the terms set forth in subsection (2)(d) of this section permits obtained by an entity which is not a participant of the fund as of March 22, 2013, provided the entity and the entity's owners can meet eligibility standards established in administrative regulations promulgated by the commission. (6) Any permits accepted into the fund under the terms set forth in subsection (3) of this section shall require payment of a permit-specific penal bond computed at a rate of two thousand dollars ($2,000) for each acre or fraction of an acre included in the proposed permit area, and shall pay the actuarially determined tonnage rates set forth in subsection (2)(a) to (c) of this section. (7) Changes to the rates set forth in this section and others, including those set out in subsection (2)(d) of this section, shall be made by the commission through administrative regulation and shall be in an amount sufficient to maintain actuarial soundness of the fund in accordance with the annual actuarial study. (8) Reporting and payment of fees shall be made in accordance with administrative regulations promulgated by the commission. The commission may request and review documents and reports from the Kentucky Department for Natural Resources and the United States Office of Surface Mining Reclamation and Enforcement to verify production records submitted by permittees. (9) Upon the receipt of notification from the commission that a permittee is in arrearage in the payment of any fees assessed to a permit, the cabinet shall forthwith suspend the permit. A suspension of a permit under this subsection may be appealed pursuant to the hearing provisions of KRS 350.0301. (10) A permit suspended by the cabinet under subsection (9) of this section shall have that suspension immediately lifted upon notification by the commission that the arrearage has been paid in full by the permittee. (11) Any person who considers himself or herself to be aggrieved by any determination made by the commission under KRS 350.500 to 350.521 shall have all of the rights and remedies provided in KRS 350.0301. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 7, effective July 14, 2018. -- Created 2013 Ky. Acts ch. 78, sec. 7, effective March 22, 2013. Legislative Research Commission Note (3/22/2013). Under the authority of KRS 7.136(1), the Reviser of Statutes has modified the internal numbering of subsection (2)(d) of this statute from the way it appeared in 2013 Ky. Acts ch. 78, sec. 7. The words in the text were not changed.

KRS 350.521 Forfeiture of bonds for permits covered by fund -- Use of additional moneys when bond insufficient to cover estimated reclamation cost

350.521. Forfeiture of bonds for permits covered by fund -- Use of additional moneys when bond insufficient to cover estimated reclamation cost (1) Bonds for permits covered by the fund forfeited after January 1, 2014, in accordance with KRS 350.130(1) shall be placed in the fund. The commission, its members, and employees shall not be named a party to any forfeiture action. (2) Whenever the bond for a permit covered by the fund is forfeited to the cabinet, and a cost estimate prepared by the cabinet indicates the forfeited bond is insufficient to reclaim the permit to the requirements of this chapter, the cabinet shall first use any outstanding permit-specific performance bond for reclamation on the forfeited permit. Any additional moneys necessary to reclaim the permit area to the standards of this chapter shall be withdrawn from the reclamation guaranty fund upon request by the cabinet to the extent that moneys exist in the fund. (3) Within seven (7) days following receipt of a request for payment of funds by the cabinet, the executive director of the fund shall pay to the cabinet the sum requested, not to exceed the estimated reclamation cost, subject to the limitations set forth in subsection (2) of this section. Effective: March 22, 2013 History: Created 2013 Ky. Acts ch. 78, sec. 8, effective March 22, 2013.

KRS 350.550 Creation of Abandoned Mine Lands Program -- Reclamation fund -- Use of fund

350.550. Creation of Abandoned Mine Lands Program -- Reclamation fund -- Use of fund (1) There is hereby created within the Commonwealth of Kentucky an Abandoned Mine Lands Program, to be administered within the Energy and Environment Cabinet. The secretary of the Energy and Environment Cabinet may promulgate regulations necessary to implement this program. The provisions of KRS 350.150, 350.152, 350.154, 350.156(1) and (2), 350.158, 350.161, and 350.163 shall not be applicable to this program. (2) The Finance and Administration Cabinet is hereby directed to establish a fund to be known as the abandoned mine reclamation fund (hereinafter referred to as the "fund"). (3) The fund shall consist of amounts deposited in the fund from time to time, including but not limited to: (a) The reclamation fees levied pursuant to Section 402 of P.L. 95-87 and allocated to the Commonwealth of Kentucky; (b) Any income derived from or any user charge imposed on or for land reclaimed pursuant to the Abandoned Mine Lands Program after the expenses of the program have been deducted; (c) Donations by persons, corporations, associations, governmental entities, and foundations for the purposes of the Abandoned Mine Lands Program; (d) Interest credited to the fund pursuant to Section 401(e) of P.L. 95-87 and allocated to the Commonwealth of Kentucky; and (e) All other moneys as provided for consistent with this chapter. (4) Moneys in the fund may be used for the following purposes: (a) Reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling of abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage, including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; and prevention, abatement, and control of coal mine subsidence; (b) Acquisition and filling of voids and sealing of tunnels, shafts, and entryways; (c) Acquisition of land as provided for in this chapter; (d) Restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining which constitute an emergency as provided for in this program; (e) Administrative expenses of the program to accomplish the purposes of this program; (f) For the purposes of Section 507(c) of P.L. 95-87; and (g) All other necessary expenses to accomplish the purposes of this program. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1891, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 32, sec. 2, effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 207, sec. 1, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 62, sec. 18.

KRS 350.553 Certification of achievement of priorities -- Effect of concurrence in certification

350.553. Certification of achievement of priorities -- Effect of concurrence in certification (1) The Governor may certify to the Secretary of the Interior that all of the priorities stated in Section 403(a) of P.L. 95-87 and KRS 350.555 for eligible lands and waters pursuant to Section 404 of P.L. 95-87 and KRS 350.560(1), (2), and (3) have been achieved. (2) If the Secretary of the Interior concurs with the Governor's certification under subsection (1), for purposes of determining the eligibility of lands and waters for annual grants under KRS 350.550(3), KRS 350.560(1), (2), and (3) shall not apply. Rather, eligible lands, waters, and facilities shall be those: (a) Which were mined or processed for minerals or which were affected by the mining or processing, and abandoned or left in inadequate reclamation status prior to August 3, 1977; and (b) For which there is no continuing responsibility under state or other federal laws. (3) Expenditures of moneys for lands, waters, and facilities referred to in subsection (2), above, shall reflect the following objectives and priorities in the order stated, in lieu of the priorities stated in KRS 350.555: (a) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of mineral mining and processing practices. (b) The protection of public health, safety, and general welfare from adverse effects of mineral mining and processing practices. (c) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices. (4) Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. secs. 7901 et seq.) or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. secs. 9601 et seq.) shall not be eligible for expenditures from the fund under this section. (5) Reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities such as those relating to water supply, roads, or other facilities serving the public adversely affected by mineral mining and processing, and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth, and undertaken as they relate to, the priorities stated in subsection (3) above. (6) Notwithstanding subsection (5), above, if the Secretary of the Interior has concurred in the certification referenced in subsection (1), above, and the Governor determines that there is a need for activities or construction of specific public facilities related to the coal or minerals industry and if the Secretary of the Interior concurs in the need, then the Commonwealth of Kentucky may use annual grants made available under KRS 350.550(3) to carry out the activities or construction. (7) The provisions of KRS 350.570 and 350.575 shall apply to subsections (1) through (5) of this section, except that for purposes of this section, the references to coal in KRS 350.570 and 350.575 shall not apply. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 207, sec. 3, effective July 14, 1992.

KRS 350.555 Priorities for expenditure of moneys from fund

350.555. Priorities for expenditure of moneys from fund Expenditure of moneys from the fund on lands and water eligible pursuant to KRS 350.560 for the purposes of the Abandoned Mine Lands Program shall reflect the following priorities in the order stated: (1) (a) The protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices; and (b) The restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and which are situated adjacent to a site that has been or will be remediated under this subsection; (2) (a) The protection of public health and safety from the adverse effects of coal mining practices; and (b) The restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and which are situated adjacent to a site that has been or will be remediated under this subsection; and (3) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water (excluding channelization), and woodland resources, fish and wildlife, recreation resources, and economic productivity. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 32, sec. 3, effective June 26, 2007. -- Created 1980 Ky. Acts ch. 62, sec. 19. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.560 Lands and water eligible for reclamation or drainage abatement expenditures

350.560. Lands and water eligible for reclamation or drainage abatement expenditures (1) Lands and water eligible for reclamation or drainage abatement expenditures under the Abandoned Mine Lands Program are those which were mined for coal or which were affected by coal mining, wastebanks, coal processing, or other coal mining processes, and were abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under the provisions of this chapter. Surface coal mining operations on lands eligible for remining shall not affect the eligibility of those lands for reclamation and restoration under this chapter after the release of the bond or deposit for a remining operation as provided under KRS 350.093. In the event the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds available under this chapter may be used if the amount of the bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that if conditions warrant the cabinet shall immediately exercise its authority under KRS 350.585. (2) If the cabinet determines that the reclamation priority, under the priorities of KRS 350.555(1) and (2), of a site is the same or more urgent than the priority of sites under subsection (1) of this section, the following sites shall also be eligible for reclamation or drainage abatement expenditures: (a) Unreclaimed sites which were mined for coal or which were affected by coal mining, waste banks, coal processing, or other mining processes and left in an inadequate reclamation status during the period beginning August 4, 1977, and ending May 18, 1982, for which the bond, or other form of financial guarantee, was insufficient to provide adequate reclamation or abatement of the site; or (b) Unreclaimed sites which were mined for coal or which were affected by coal mining, waste banks, coal processing, or other coal mining processes and left in an inadequate reclamation status during the period beginning on August 4, 1977, and ending on or before November 5, 1990, where the surety for the permittee became insolvent during the period, and as of November 5, 1990, funds immediately available from proceedings relating to the insolvency, or from other sources have been insufficient to provide for adequate reclamation and abatement at the site. (3) Sites under subsection (2) of this section in the immediate vicinity of a residential area or which have an adverse economic impact upon a local community shall be given priority. (4) Funds allocated to the Commonwealth through annual grants from the Secretary of the Interior may be expended for the purposes of protecting, repairing, replacing, constructing, or enhancing facilities relating to water supply, including water distribution facilities and treatment plants, to replace water supplies adversely affected by coal mining practices. If the adverse effect on water supplies referred to in this subsection occurred both prior to and after August 3, 1977, subsections (1) and (2) of this section shall not be construed to prohibit use of funds for the purposes of this subsection, if the adverse effects occurred predominantly prior to August 3, 1977. (5) Where the Governor has made a certification under KRS 350.553 and the Secretary of the Interior has concurred in the certification, the reclamation categories of KRS 350.553(2) shall take effect, supplanting the categories of subsections (1), (2), and (4) of this section. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 32, sec. 4, effective June 26, 2007. -- Amended 1994 Ky. Acts ch. 172, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 207, sec. 2, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 62, sec. 20.

KRS 350.563 Restrictions on use of reclamation project grants

350.563. Restrictions on use of reclamation project grants The cabinet may use amounts available in grants made annually to the Commonwealth under KRS 350.550 for the reclamation of eligible land and water prioritized under KRS 350.555(3). However, the expenditure shall not occur unless the reclamation is done in conjunction with the expenditure of funds for reclamation projects prioritized under KRS 350.555(1) and (2), irrespective of when the higher priority project was initially funded. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 32, sec. 1, effective June 26, 2007.

KRS 350.565 Authority to submit plans and reports to federal Department of the Interior

350.565. Authority to submit plans and reports to federal Department of the Interior The Energy and Environment Cabinet shall have the authority to prepare and submit to the Secretary, United States Department of the Interior, reclamation plans, annual projects, applications for federal support, and any other reports or plans which are provided for or required pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87). Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1892, effective July 15, 2010. -- Created 1980 Ky. Acts ch. 62, sec. 21. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.570 Right of cabinet to enter upon land for reclamation purposes -- Acquisition and disposal of land by Commonwealth

350.570. Right of cabinet to enter upon land for reclamation purposes -- Acquisition and disposal of land by Commonwealth (1) If the cabinet makes a finding of fact pursuant to the Abandoned Mine Lands Program that: (a) Land or water resources have been adversely affected by past coal mining practices; and (b) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and (c) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available; or (d) The owners will not give permission for the United States, the Commonwealth, political subdivisions, or their agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners if known, or if not known, by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality or county in which the land lies, the cabinet and its authorized representatives, agents, and contractors shall have the right to enter upon the property adversely affected by past coal mining practices, and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities. (2) The cabinet and its authorized representatives, agents, and contractors shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare, and shall not be construed as an act of condemnation of property nor trespass thereon. (3) The Commonwealth shall have the power to acquire, by purchase, donation, devise, or condemnation, any land which is adversely affected by past coal mining practices if acquisition of such land is necessary for successful reclamation and that: (a) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes, or provide open space benefits; or (b) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or (c) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this chapter or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices. (4) Title to all lands acquired pursuant to this section shall be in the name of the Commonwealth. The price paid for the land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices. The Commonwealth may exercise the power of eminent domain against such land by filing a condemnation suit under the procedure of the Eminent Domain Act of Kentucky. Provided, that when the Commonwealth acquires land adversely affected by past coal mining practices pursuant to the Abandoned Mine Lands Program and when such abandoned mine reclamation fund moneys are less than the purchase price, the Commonwealth shall be authorized to use whatever funds are available pursuant to KRS 350.156(3). (5) The Energy and Environment Cabinet may receive any federal, state, or other funds for the purpose of reclaiming lands affected by past coal mining practices, including federal funds made available to it pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87). The cabinet may avail itself of any services which may be provided by other state agencies or the federal government, and may compensate them for such services. (6) The cabinet shall have the power to backfill, grade, revegetate, and perform other acts of restoration and reclamation on lands acquired pursuant to this section. The cabinet may cause the reclamation work to be done by its own employees or by employees of other governmental agencies or soil conservation districts, or through contracts with qualified persons. Such contracts shall be awarded pursuant to regulations promulgated by the cabinet. The cabinet and any other agency and any contractor under a contract with the cabinet shall have the right of access to the land affected to carry out such reclamation. (7) Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential, or recreational development, the Commonwealth shall have the power to sell such land by public sale under a system of competitive bidding, at not less than fair market value and under such regulations as may be promulgated to insure that such lands are put to proper use consistent with local and state land use plans, if any. The proceeds of any such sale shall be credited to the abandoned mine reclamation fund. The cabinet, when requested after appropriate public notice, shall hold a public hearing, with the appropriate notice, in the county or counties in which lands acquired pursuant to this section are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. (8) In addition to the authority to acquire and reclaim land for the purposes set forth in subsection (3) of this section, the Commonwealth is given authority to use money in the fund to acquire land by purchase, donation, devise, or condemnation and to reclaim such land and to transfer it to any political subdivision of the Commonwealth or to any person, firm, association, or corporation, if such is an integral and necessary element of an economically feasible plan for a project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land pursuant to this section, persons dislocated as the result of adverse effects of coal mining practices which constitute an emergency as provided in KRS 350.585, or persons dislocated as the result of natural disasters or catastrophic failures from any cause, or any related commercial, industrial, agricultural, recreational, or governmental use of facilities. Such activities shall be accomplished under such terms and conditions as the Commonwealth shall require, which may include transfers of land with or without monetary consideration. Provided, that to the extent that the consideration is below the fair market value of the land transferred, no portion of the difference between the fair market value and the consideration shall accrue as a profit to such persons, firm, association, or corporation. No part of the funds provided under the abandoned mine reclamation fund may be used to pay the actual construction costs of housing. (9) All acquisitions and disposals of land or any interests therein pursuant to the authority granted by this section shall be governed by the applicable provisions of KRS Chapters 45A and 56. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1893, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 496, sec. 64, effective July 13, 1990. -- Created 1980 Ky. Acts ch. 62, sec. 22.

KRS 350.575 Lien for reclamation

350.575. Lien for reclamation (1) Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the cabinet shall itemize the moneys so expended and may file a statement thereof in the office of the county in which the land lies which has the responsibility under local law for the recording of judgments against land, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this section, who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder. The cabinet may waive the lien consistent with its regulations. (2) The landowner may proceed as provided by local law to petition within sixty (60) days of the filing of the lien, to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by local law. (3) The lien provided in this section shall be entered in the county office in which the land lies and which has responsibility under local law for the recording of judgments against land. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 32, sec. 5, effective June 26, 2007. -- Created 1980 Ky. Acts ch. 62, sec. 23. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.580 Reclamation of surface impacts of underground or surface mining

350.580. Reclamation of surface impacts of underground or surface mining (1) The cabinet is authorized to fill voids, seal abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mines which the secretary determines could endanger life and property, constitute a hazard to the public health and safety, or degrade the environment, with such moneys as may become available under the abandoned mine reclamation fund. (2) The Commonwealth may acquire by purchase, donation, devise, easement, or otherwise such interest in land as necessary to carry out the provisions of this section and may dispose of acquired land in a manner consistent with the purposes of the Abandoned Mine Lands Program. History: Created 1980 Ky. Acts ch. 62, sec. 24. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.585 Emergency restoration and reclamation

350.585. Emergency restoration and reclamation (1) The cabinet is authorized to expend moneys from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the cabinet makes finding of fact that: (a) An emergency exists constituting a danger to the public health, safety, or general welfare; and (b) No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices. (2) The cabinet, its agents, employees, and contractors shall have the right to enter upon any land where the emergency exists and any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare. Such entry shall be construed as an exercise of the police power and shall not be construed as an act of condemnation of property nor of trespass thereof. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry. Provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities. History: Created 1980 Ky. Acts ch. 62, sec. 25. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.590 Power of cabinet to administer provisions of Abandoned Mine Lands Program

350.590. Power of cabinet to administer provisions of Abandoned Mine Lands Program (1) The cabinet shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or expedient, including promulgation of rules and regulations, to implement and administer the provisions of the Abandoned Mine Lands Program. (2) The cabinet shall have the power and authority to engage in cooperative projects under the program with any agency of the United States, any state and their governmental agencies. (3) The cabinet may initiate, in addition to any other remedies provided for in this chapter, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in the Abandoned Mine Lands Program. (4) The cabinet shall have the power and authority to construct and operate facilities for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water; provided, that the above provisions of this subsection shall not be deemed in any way to repeal or supersede any portion of the Federal Water Pollution Control Act (33 U.S.C. secs. 1151 et seq., as amended) and no control or treatment under this subsection shall in any way be less than that required under the Federal Water Pollution Control Act. The construction of facilities may include major interceptors and other facilities appurtenant thereto. (5) The cabinet may transfer funds to other appropriate state agencies, in order to carry out the reclamation activities authorized by the Abandoned Mine Lands Program. History: Created 1980 Ky. Acts ch. 62, sec. 26. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

KRS 350.595 Application for inclusion under Abandoned Mine Land Enhancement Program -- Coverage under Kentucky reclamation guaranty fund

350.595. Application for inclusion under Abandoned Mine Land Enhancement Program -- Coverage under Kentucky reclamation guaranty fund (1) An applicant who desires to remine property which is classified as abandoned mine land under KRS 350.560 may apply to the Reclamation Guaranty Fund Commission established in KRS 350.506 for inclusion under the Abandoned Mine Land Enhancement Program. The commission may provide coverage under the Kentucky reclamation guaranty fund established pursuant to KRS 350.503 not to exceed fifty percent (50%) of the bond amount which the cabinet determines under KRS 350.060 is necessary for the abandoned mine land. (2) When the bond required for the abandoned mine land under KRS 350.060 is increased or reduced, or is released in whole or in part, the coverage provided by the bond pool shall be proportionately increased or reduced. (3) In the event of bond forfeiture on the property, moneys from the Kentucky reclamation guaranty fund shall be used to supplement the forfeited bond. Effective: March 22, 2013 History: Amended 2013 Ky. Acts ch. 78, sec. 10, effective March 22, 2013. -- Amended 1988 Ky. Acts ch. 397, sec. 1, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 282, sec. 1, effective July 13, 1984. Legislative Research Commission Note (3/22/2013). References to "bond pool fund" in this statute as it appeared in 2013 Ky. Acts ch. 78, sec. 10, have been changed in codification to "Kentucky reclamation guaranty fund" since the statute establishing the bond pool fund (KRS 350.700) was repealed in that Act and the Kentucky reclamation guaranty fund was established in Section 2 of that Act (KRS 350.503) to replace the bond pool fund. The Reviser of Statutes has made the needed conforming changes in codification under the authority of KRS 7.136(1).

KRS 350.597 Special trust fund

350.597. Special trust fund (1) The Finance and Administration Cabinet shall establish a special trust fund which may receive and retain up to thirty percent (30%) of the total grants made annually by the Secretary of the Interior, pursuant to Section 402(g)(6) of Pub. L. No. 95-87, as amended by the Tax Relief and Health Care Act of 2006, Pub. L. No. 109-432. (2) Sums deposited into the special trust fund, and interest earned thereon, shall be expended for acid mine drainage abatement and treatment in accordance with the requirements of Section 402(g)(6) of Pub. L. No. 95-87, as amended by the Tax Relief and Health Care Act of 2006, Pub. L. No. 109-432. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 32, sec. 6, effective June 26, 2007. -- Created 1992 Ky. Acts ch. 207, sec. 4, effective July 14, 1992.

KRS 350.600 Legislative findings and intent -- Commercial oil shale mining prohibited until adoption of rules and regulations

350.600. Legislative findings and intent -- Commercial oil shale mining prohibited until adoption of rules and regulations (1) The General Assembly finds that there has been a recent interest in the Commonwealth in the mining and processing of oil shale due to the critical need for fossil fuel which has developed in this country. The General Assembly further finds that the development of this fossil fuel could be of significant long-range benefit to the Commonwealth and to the United States of America, but that the unregulated extraction and processing of oil shale within the Commonwealth could cause soil erosion, water pollution, and the destruction of aesthetic and agricultural values. The General Assembly further finds that, in order to effectively regulate the extraction and processing of oil shale, the Energy and Environment Cabinet shall conduct extensive research concerning the process, waste production, and potentially adverse environmental impacts of such recovery operations. (2) It is the intent of the General Assembly to provide such regulation and control of the mining and processing of oil shale as to minimize and prevent its adverse effects on the citizens and the environment of the Commonwealth. The General Assembly further finds that the Energy and Environment Cabinet is the most competent agency to regulate the extraction and processing of oil shale due to its expertise in the handling of the surface mining of other minerals and in the regulation of other sources of air and water pollution. (3) The Energy and Environment Cabinet shall file with the regulations compiler reasonable rules and regulations pertaining to oil shale mining operations, which shall include strip mining as defined by KRS 350.010, the surface effects of underground mining of oil shale, and the in situ mining of oil shale by June 30, 1981. No person shall engage in the commercial mining or processing of oil shale until such time as the cabinet promulgates rules and regulations to provide standards for such mining. (4) In promulgating regulations pursuant to subsection (3) of this section, the secretary shall make written finding that the regulations promulgated are based on sound scientific and engineering data and are reasonably necessary to protect the people and environment of the Commonwealth from the adverse effects of oil shale extraction. The secretary shall promulgate regulations consistent with existing standards for land, water, and air protection. The secretary may conduct a public hearing on the subject of the cabinet's regulation of the extraction and processing of oil shale for the purpose of collecting data and receiving public comments on this issue. The hearing will be held at a time and place to be determined by the secretary in accordance with the policy of the cabinet. (5) Prior to the adoption of the regulations required by this section, any person may conduct core drilling, experimentation, removal of samples, or a pilot and demonstration project which involves the mining of not more than five (5) acres for the production of oil shale in any one (1) county. Such core drilling, experimentation, removal of samples, or pilot and demonstration project involving the mining of not more than five (5) acres for the production of oil shale in any one (1) county shall not be initiated until written notification of the intent to perform such operations shall be filed at least fifteen (15) days prior to commencement of such projects by registered mail by the mine operator with the secretary of the Energy and Environment Cabinet of the Commonwealth of Kentucky and with the person(s) holding title to the surface of the land to be utilized for such operations. (6) The secretary of the Energy and Environment Cabinet of the Commonwealth of Kentucky shall be granted the right to monitor such core drilling, experimentation, removal of samples, or pilot and demonstration project as it may deem necessary for the purpose of establishing sound and reasonable scientific and engineering data upon which rules and regulations pertaining to oil shale mining operations in the Commonwealth of Kentucky can be based. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1894, effective July 15, 2010. -- Created 1980 Ky. Acts ch. 260, sec. 1, effective July 15, 1980.

KRS 350.610 Designation of lands as unsuitable for surface coal mining

350.610. Designation of lands as unsuitable for surface coal mining (1) The secretary of the Energy and Environment Cabinet is hereby authorized to establish a planning process enabling objective decisions based upon competent and scientifically sound data as to which, if any, lands of the Commonwealth are unsuitable for all or certain types of surface coal mining operations pursuant to the standards set forth in this chapter; provided, that any such designation shall not prevent coal or other mineral exploration of any area so designated. (2) Upon petition and hearing pursuant to subsection (6) of this section, the secretary shall designate an area as unsuitable for all or certain types of surface coal mining operations, if the secretary determines that reclamation pursuant to this chapter is not technologically and economically feasible. (3) Upon petition and hearing pursuant to subsection (6) of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will: (a) Be incompatible with existing state and local land use plans; or (b) Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and aesthetic values, and natural systems; or (c) Affect renewable resource lands in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, and such lands to include aquifers and aquifer recharge areas; or (d) Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. (4) Determinations of the unsuitability of land for surface coal mining shall be integrated as closely as possible with present and future land use planning and regulation processes at any appropriate level of government, including but not limited to any valid exercise of authority of a municipality or county, acting independently or jointly, pursuant to KRS Chapter 100. (5) The requirements of this section shall not apply to lands on which coal mining operations were being conducted on August 3, 1977, or under a permit issued pursuant to this chapter or where substantial legal and financial commitments in such operation were in existence prior to January 4, 1977. (6) Other provisions of this chapter relating to hearings to the contrary notwithstanding, any person having an interest which is or may be adversely affected shall have the right to petition the cabinet to the extent such a petition would be consistent with subsections (2) and (3) of this section, to have a specific and well-defined area designated as unsuitable for surface coal mining operations, or to have such a designation terminated. Such a petition shall contain allegations of facts which shall be specific as to the petitioner's designated area, including a justification that the criteria alleged occur throughout and form a significant feature, and shall be based upon objective evidence which would tend to establish the allegations. The cabinet shall make a determination or finding whether the petition is complete, incomplete, or frivolous. Within ten (10) months after the receipt of the petition, the cabinet shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time, and location of such hearing, pursuant to regulations promulgated by the cabinet to implement this section, provided that when a permit application is pending before the cabinet and such application involves an area in a designation petition, the cabinet shall hold the hearing on the petition within ninety (90) days of its receipt. After a person having an interest which is or may be adversely affected has filed a petition and before the hearing, any person may intervene by filing allegations of facts with supporting evidence which would tend to establish the allegations. Within sixty (60) days after such a hearing, the cabinet shall issue and furnish to the petitioner and any other party to the hearing, a written decision regarding the petition, and the reasons therefor. In the event that all petitioners stipulate agreement prior to the requested hearing and withdraw their request, such hearing need not be held. Within thirty (30) days after receipt of an order, determination, finding, or decision by the cabinet or the secretary hereunder, any applicant, or any person with an interest which is or may be adversely affected and who is aggrieved by the order, determination, finding, or decision of the cabinet or secretary, may obtain judicial review thereof by appealing to the Circuit Court of Franklin County pursuant to the provisions of KRS 224.10- 470. (7) Prior to designating any land areas as unsuitable for surface coal mining operations, the cabinet shall prepare a detailed statement on: (a) The potential coal resources of the area; (b) The demand for coal resources; (c) The impact of such designation on the environment, the economy, and the supply of coal; and (d) The characteristics of the petition area including a justification that the criteria alleged occur throughout the petition area and form a significant feature. (8) Subject to subsection (5) of this section, the cabinet shall not issue a permit to conduct surface coal mining and reclamation operations in contravention of any designation or any decision on any petition pursuant to subsection (6) of this section regarding any surface area designated unsuitable for mining; nor shall the cabinet issue a permit to conduct surface coal mining and reclamation operations in an area under study for such designation in an administrative proceeding already commenced under subsection (6) of this section. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1895, effective July 15, 2010. -- Amended 1984 Ky. Acts ch. 180, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 283, sec. 8, effective April 2, 1982. -- Created 1980 Ky. Acts ch. 62, sec. 36, effective March 21, 1980. Legislative Research Commission Note (7/11/91). A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136 and 7.140.

KRS 350.700 Repealed, 2013

350.700. Repealed, 2013 Catchline at repeal: Bond pool fund established. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1988 Ky. Acts ch. 397, sec. 2, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 1, effective July 15, 1986.

KRS 350.705 Repealed, 2013

350.705. Repealed, 2013 Catchline at repeal: Bond Pool Commission. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1992 Ky. Acts ch. 119, sec. 3, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 397, sec. 3, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 2, effective July 15, 1986.

KRS 350.710 Repealed, 2013

350.710. Repealed, 2013 Catchline at repeal: Powers of commission. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1990 Ky. Acts ch. 210, sec. 9, effective July 13, 1990; and ch. 496, sec. 65, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 397, sec. 4, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 3, effective July 15, 1986.

KRS 350.715 Repealed, 2017

350.715. Repealed, 2017 Catchline at repeal: Pool administrator. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 1988 Ky. Acts ch. 397, sec. 5, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 4, effective July 15, 1986.

KRS 350.720 Repealed, 2013

350.720. Repealed, 2013 Catchline at repeal: Bond pool -- Criteria -- Compliance records. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1990 Ky. Acts ch. 210, sec. 10, effective July 13, 1990; and ch. 389, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 397, sec. 6, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 5, effective July 15, 1986.

KRS 350.725 Repealed, 2013

350.725. Repealed, 2013 Catchline at repeal: Membership fee -- Tonnage fee. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1990 Ky. Acts ch. 389, sec. 2, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 397, sec. 7, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 6, effective July 15, 1986.

KRS 350.730 Repealed, 2013

350.730. Repealed, 2013 Catchline at repeal: Tonnage fee suspension or reinstatement. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Created 1986 Ky. Acts ch. 137, sec. 7, effective July 15, 1986.

KRS 350.735 Repealed, 2013

350.735. Repealed, 2013 Catchline at repeal: Permit-specific penal bond. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1990 Ky. Acts ch. 210, sec. 11, effective July 13, 1990; and ch. 389, sec. 3, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 397, sec. 8, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 8, effective July 15, 1986.

KRS 350.740 Repealed, 2013

350.740. Repealed, 2013 Catchline at repeal: Permit issuance. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1990 Ky. Acts ch. 210, sec. 12, effective July 13, 1990; and ch. 389, sec. 4, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 137, sec. 9, effective July 15, 1986.

KRS 350.745 Repealed, 2013

350.745. Repealed, 2013 Catchline at repeal: Payments from fund for reclamation. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1988 Ky. Acts ch. 397, sec. 9, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 10, effective July 15, 1986.

KRS 350.750 Repealed, 2013

350.750. Repealed, 2013 Catchline at repeal: Revocation of membership in bond pool. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Amended 1990 Ky. Acts ch. 389, sec. 5, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 397, sec. 10, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 137, sec. 11, effective July 15, 1986.

KRS 350.755 Repealed, 2013

350.755. Repealed, 2013 Catchline at repeal: Grounds for refusal of permit. History: Repealed 2013 Ky. Acts ch. 78, sec. 12, effective March 22, 2013. -- Created 1986 Ky. Acts ch. 137, sec. 12, effective July 15, 1986.

KRS 350.990 Penalties

350.990. Penalties (1) Any permittee, person, or operator who violates any of the provisions of this chapter or administrative regulations promulgated pursuant thereto or who fails to perform the duties imposed by these provisions, except the refusal or failure to obtain a permit or other authorization as provided in this chapter, or who violates any determination or order issued pursuant to the provisions of this chapter, may be liable to a civil penalty of not more than five thousand dollars ($5,000) for the violation, and an additional civil penalty of not more than five thousand dollars ($5,000) for each day during which the violation continues, and in addition, may be enjoined from continuing the violations provided in this section. Any permittee, operator, or person who fails to abate a violation noted in a notice of noncompliance or an order for immediate compliance and cessation within the time period prescribed for the abatement shall be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which the violation continues. Any person issued an order pursuant to KRS 350.130(4) shall be assessed a civil penalty of not more than five thousand dollars ($5,000) for each violation cited in the underlying notice of noncompliance issued therewith. No separate civil penalty shall be assessed for the order issued pursuant to KRS 350.130(4). Each day of continuing violation may be deemed a separate violation for purposes of penalty assessment. The cabinet shall develop a method for calculating monetary penalties and shall promulgate it as an administrative regulation. The secretary or a designated representative, upon his or her own initiative or upon written request received within fifteen (15) days after the cabinet mails its proposed penalty assessment, may waive the use of the method for calculating monetary penalties if he or she determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. The basis for every waiver shall be fully explained and documented in the records of the case. If the secretary or his or her designated representative waives the use of the formula, he or she shall determine the appropriate penalty upon consideration of the permittee's history of previous violations at the particular surface coal mining operation, the seriousness of the violation, whether the permittee was negligent, and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation. The penalties shall be recoverable in an action brought in the name of the Commonwealth of Kentucky by the cabinet. The Franklin Circuit Court shall hold concurrent jurisdiction and venue of all civil and injunctive actions instituted by the cabinet for the enforcement of the provisions of this chapter or the orders and administrative regulations of the cabinet promulgated pursuant thereto. All sums recovered shall be placed in the State Treasury, except those moneys collected in excess of eight hundred thousand dollars ($800,000) in any fiscal year shall be deposited into the restricted fund account of the Office of the Commissioner of the Department for Natural Resources to be disbursed for the purposes set out in KRS Chapters 350, 351, and 352. All moneys previously deposited in the abandoned mine land enhancement fund shall be redeposited in the reclamation guaranty fund. (2) Any person or operator who engages in surface coal mining operations without first securing a permit, as provided in KRS 350.060, or any person who engages in coal exploration operations, exclusive of core drilling, without proper authorization, as required by the cabinet pursuant to KRS 350.057 or administrative regulations promulgated pursuant thereto, or any person or operator who engages in other mining operations, without proper authorization as required by this chapter or administrative regulations promulgated pursuant thereto, shall be liable to a civil penalty for damages to the Commonwealth of not less than five thousand dollars ($5,000) nor more than twenty-five thousand dollars ($25,000) and in addition, may be enjoined from continuing the violations. Each day shall constitute a separate violation. In addition to the foregoing penalties, any permittee, person, or operator who fails to abate a violation of KRS 350.060 or KRS 350.029 or KRS 350.057, as noted in a notice of noncompliance or an order for immediate compliance and cessation within the time period prescribed for the abatement, shall be assessed an additional civil penalty of not less than seven hundred fifty dollars ($750) for each day during which the violation continues. However, the penalties provided in subsection (1) of this section shall apply in lieu of the penalties provided in this subsection where an operator or permittee through inadvertence has exceeded the boundaries or expiration date of the permit in effect at that time. (3) The cabinet shall bring an action for the recovery of penalties and bring an action for a restraining order, temporary or permanent injunction, against any permittee, operator, or person violating or threatening to violate any of the provisions of this chapter or violating or threatening to violate any order or determination issued pursuant to the provisions of this chapter. The Franklin Circuit Court shall hold concurrent jurisdiction and venue of all civil and injunctive actions instituted by the cabinet for the enforcement of the provisions of this chapter or the orders and administrative regulations of the cabinet promulgated pursuant thereto. (4) Any permittee, operator, or person who knowingly and willfully violates any of the provisions of this chapter, except as provided in subsection (5) of this section, or any determination or order issued pursuant to the sections of this chapter which have become final, shall be guilty of a Class A misdemeanor. Each day on which the violation occurs may constitute a separate offense. (5) (a) Any person or operator who, in violation of KRS 350.060(1)(a) willfully and knowingly engages in surface coal mining operations without first obtaining a permit from the cabinet, or any person or operator who willfully and knowingly engages in coal exploration operations, exclusive of core drilling, without proper authorization, as required by the cabinet pursuant to KRS 350.057 or administrative regulations promulgated pursuant thereto, or any person or operator who willfully and knowingly engages in other mining operations without proper authorization as required by this chapter or administrative regulations promulgated pursuant thereto, with the intent to violate the laws, shall be guilty of a Class D felony. (b) Any person or operator who in violation of KRS 350.060(1)(b) willfully and knowingly receives, transports, sells, conveys, transfers, trades, exchanges, donates, purchases, delivers, or in any way derives benefit from coal removed from any surface mining operations conducted in violation of KRS 350.060(1)(a) or 350.057 shall be guilty of a Class D felony. (6) Any person who violates any of the provisions of KRS 350.600 or administrative regulations promulgated pursuant thereto shall be subject to civil penalties of not more than twenty-five thousand dollars ($25,000). Each day of continuing violation shall be deemed a separate violation. (7) Any permittee, operator, or person who knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained by the cabinet, shall upon conviction be guilty of a Class A misdemeanor. (8) Except as permitted by law, any permittee, operator, or person who willfully and knowingly resists, prevents, impedes, or interferes with the secretary or other personnel of the cabinet in the performance of duties pursuant to this chapter shall be guilty of a Class A misdemeanor. (9) When a corporate permittee violates any provision of this chapter or administrative regulation promulgated pursuant thereto or fails or refuses to comply with any final order issued by the secretary, any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment as may be imposed upon a person pursuant to this section. (10) Upon notice by the secretary that any surety has failed to comply with the provisions of KRS 350.032(3), the commissioner of the Kentucky Department of Insurance shall revoke the surety's certificate of authority to conduct insurance business within the Commonwealth of Kentucky. (11) The cabinet, upon written request by any permittee, person, or operator subject to any penalty assessment under this section and pursuant to procedures, if any, set forth by administrative regulation and after consultation with the local county fiscal court, may allow as an alternative to the payment of any assessed penalty under this section the performance of in-kind reclamation, environmental rehabilitation, or similar action to correct environmental pollution. The in-kind work shall not substitute for those remedial measures mandated by the cabinet for the correction of any violations. The estimated cost of the in-kind work shall be greater than the penalty assessment. The cabinet's Division of Abandoned Mine Lands shall have the authority to approve proposed in-kind projects and to recommend projects to the cabinet, and shall determine whether the estimated cost of the in-kind work exceeds the penalty assessment. For the purposes of this subsection, the cost of the in-kind work shall include only those expenditures for actual on-site reclamation or rehabilitation work, including direct equipment, personnel, and material cost, but excluding administrative overhead or transportation costs. Failure to perform the in- kind work as agreed upon by the person or operator subject to the penalty assessment shall reinstate the liability of the person, permittee, or operator for the full amount of the assessed penalty. The cabinet may prepare and promulgate administrative regulations as are necessary to implement and administer the provisions of this subsection. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 8, effective July 14, 2018. -- Amended 2013 Ky. Acts ch. 78, sec. 11, effective March 22, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 1896, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 148, sec. 1, effective July 15, 1998; and ch. 222, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 210, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 120, sec. 3 effective July 14, 1992; ch. 429, sec. 35, effective July 14, 1992; and ch. 463, sec. 38, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 202, sec. 1, effective July 13, 1990; ch. 210, sec. 13, effective July 13, 1990; ch. 212, sec. 5, effective July 13, 1990; and ch. 399, sec. 7, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 397, sec. 11, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 137, sec. 13, effective July 15, 1986; and ch. 394, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 257, sec. 2, effective July 13, 1984; and ch. 282, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 150, sec. 4, effective July 15, 1982; and ch. 283, sec. 9, effective April 2, 1982. -- Amended 1980 Ky. Acts ch. 62, sec. 35; ch. 260, sec. 1, effective July `15, 1980; and ch. 377, sec. 3, effective March 21, 1980. -- Amended 1978 Ky. Acts ch. 332, sec. 11, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 289, sec. 1; and ch. 291, sec. 2. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 80. -- Amended 1966 Ky. Acts ch. 4, sec. 27. -- Amended 1962 Ky. Acts ch. 105, sec. 14. -- Amended 1960 Ky. Acts ch. 143, sec. 6. -- Created 1954 Ky. Acts ch. 8, sec. 17. Legislative Research Commission Note (7/13/90). This section was amended by four 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38931Fetched: 10/20/2026