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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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