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350.057 Coal exploration operations.
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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.
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.
(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.
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.
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