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352.090 Abandoned parts of mine to be posted -- Sealing.
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(2)
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All unused workings and abandoned parts of mines shall be protected by
safeguards that will prevent the accumulation or overflow of gas, and all
avenues leading thereto shall be so arranged and conducted as to give
warning to all persons of the danger of entering, and notice shall be posted
warning all unauthorized persons not to enter these parts of the mine. If the
area cannot be adequately ventilated, and examined, or evaluated it shall be
sealed in a timely manner.
No person, except persons authorized to make examination thereof, shall enter
any unused or abandoned part of a mine after the warning has been posted.
Where the practice is to seal abandoned workings, the sealing shall be done in
accordance with a mine seal construction plan approved by MSHA and
submitted to the Office of Mine Safety and Licensing. Seal construction shall be
done immediately in an effective manner with noncombustible material. In
every sealed area, one (1) or more of the seals shall be fitted with a pipe and
cap or valve to permit the gases behind the seals to be sampled and also to
provide a means of determining any existing hydrostatic pressure. When
required by the mine inspector and commissioner, drill holes shall be extended
from the surface to the sealed area, or vent pipes shall be extended from the
sealed area to a return air course. Sufficient ventilation shall be provided at
each seal to prevent dangerous gases from accumulating.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 94, sec. 13, effective June 26, 2007. -Amended 2002 Ky. Acts ch. 355, sec. 11, effective July 15, 2002. -- Amended
1996 Ky. Acts ch. 308, sec. 27, effective April 9, 1996. -- Amended 1976 Ky.
Acts ch. 174, sec. 9. -- Amended 1972 Ky. Acts ch. 303, sec. 9. -- Amended
1952 Ky. Acts ch. 162, sec. 19, effective March 5, 1952. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-19.
Legislative Research Commission Note (4/9/96). The action taken with respect to
this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8,
1996, under Section 51 of that Act. The Act, however, did not become effective
until April 9, 1996, when the Governor's signed copy of the Act was filed with the
Secretary of State.
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