2013 Kentucky Revised Statutes CHAPTER 350 - SURFACE COAL MINING 350.150 Reclamation work by cabinet -- Procedure -- Acceptance of federal and other funds -- Access to land.
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350.150 Reclamation work by cabinet -- Procedure -- Acceptance of federal
and other funds -- Access to land.
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(2)
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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.
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.
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.
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