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350.560 Lands and water eligible for reclamation or drainage abatement
expenditures.
(1)
(2)
(3)
(4)
(5)
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.
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.
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.
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.
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.
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