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350.020 Declaration of legislative policy and finding of fact.
The General Assembly finds that the Commonwealth is the leading producer of coal and
that the production of coal in Kentucky contributes significantly to the nation's energy
needs. The General Assembly further finds that unregulated surface coal mining
operations cause soil erosion, damage from rolling stones and overburden, landslides,
stream pollution, the accumulation of stagnant water and the seepage of contaminated
water, increase the likelihood of floods, destroy the value of land for agricultural
purposes, destroy aesthetic values, counteract efforts for the conservation of soil, water
and other natural resources, destroy or impair the property rights of citizens, create fire
hazards, and in general create hazards dangerous to life and property, so as to constitute
an imminent and inordinate peril to the welfare of the Commonwealth. The General
Assembly further finds that lands that have been subjected to surface coal mining
operations and have not been reclaimed and rehabilitated in accordance with modern
standards constitute the aforementioned perils to the welfare of the Commonwealth. The
General Assembly further finds that there are wide variations in the circumstances and
conditions surrounding and arising out of surface coal mining operations due primarily to
difference in topographical and geological conditions, and by reason thereof it is
necessary, in order to provide the most effective, beneficial and equitable solution to the
problem, that a broad discretion be vested in the authority designated to administer and
enforce the regulatory provisions enacted by the General Assembly. The General
Assembly further finds that governmental responsibility for regulating surface coal
mining operations rests with state government and hereby directs the Energy and
Environment Cabinet to take all actions necessary to preserve and exercise the
Commonwealth's authority, to the exclusion of all other governmental entities except the
Commonwealth and agencies thereof and except as provided in KRS Chapter 100.
Therefore, it is the purpose of this chapter to provide such regulation and control of
surface coal mining operations as to minimize or prevent injurious effects on the people
and resources of the Commonwealth. To that end, the cabinet is directed to rigidly
enforce this chapter and to adopt whatever administrative regulations are found necessary
to accomplish the purpose of this chapter.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 85, sec. 1, effective June 24, 2015. -- Amended
2010 Ky. Acts ch. 24, sec. 1874, effective July 15, 2010. -- Amended 1988 Ky. Acts
ch. 253, sec. 1 and ch. 374, sec. 1, effective July 15, 1988. -- Amended 1980 Ky.
Acts ch. 62, sec. 2. -- Amended 1978 Ky. Acts ch. 332, sec. 1, 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. 59. -- Amended 1966 Ky. Acts ch. 4, sec. 2. -Amended 1964 Ky. Acts ch. 61, sec. 2. -- Created 1954 Ky. Acts ch. 8, sec. 2.
Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 85, sec. 2
provides that the amendments made to this statute in that Act shall not relate to
permit actions or bonds required thereby in effect prior to the Act's effective date,
which was June 24, 2015.
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