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