2016 Kentucky Revised Statutes CHAPTER 350 - SURFACE COAL MINING .135 Requirements for transfer of surface coal mining permit -- Release of bond -- Regulations -- Approval by cabinet.
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350.135 Requirements for transfer of surface coal mining permit -- Release of bond
-- Regulations -- Approval by cabinet.
(1)
(2)
(3)
(4)
(5)
No surface coal mining permit issued pursuant to this chapter shall be transferred by
sale, assignment, lease, or otherwise except upon the written approval by the cabinet
of a joint application submitted by both the transferor and the transferee. A basic fee
set by regulation, and bearing a reasonable relationship to the cost of processing the
transfer, but not to exceed seven hundred fifty dollars ($750) shall accompany the
application and no acreage fee will be assessed. The transferee shall file with the
application a bond satisfactory to the cabinet which shall ensure reclamation of the
entire area of land affected under the permit, including areas previously affected by
the transferor. All rights and liabilities under the permit shall pass to the transferee
upon written approval of the transfer by the cabinet, except that the transferor shall
remain liable for any civil penalties resulting from violations occurring prior to the
date of approval of the transfer. The cabinet shall not approve transfer of a surface
coal mining permit to any person who would be ineligible to receive a new permit
under this chapter.
After the cabinet has given its written approval to the transfer, the transferee may
conduct surface coal mining and reclamation operations according to the approved
mining and reclamation plan of the original permittee. Any transferee seeking to
change the conditions of mining or reclamation operations, or any of the terms or
conditions of the original permit, shall apply for a new or revised permit pursuant to
the requirements of the cabinet.
The cabinet shall not release the first permittee from bond liability under this
chapter as to that particular operation until the transferee, having filed a bond
satisfactory to the cabinet, receives written approval from the cabinet for the
transfer, and otherwise complies with the requirements of this chapter, and provided
further that the transferee shall assume as part of his obligation under this chapter,
all liability for the reclamation of the area of land affected by the former permittee.
The cabinet may promulgate reasonable regulations and administrative procedures
to implement this section.
The cabinet shall approve the transfer application if:
(a) A joint agreement or sale has been executed;
(b) The transferee has posted bond satisfactory to the cabinet which insures
reclamation of the entire area of land affected under the permit;
(c) The transferee has paid the fee pursuant to subsection (1) of this section;
(d) The transferee has agreed to operate under provisions of the approved permit
being transferred.
Effective: April 8, 2010
History: Amended 2010 Ky. Acts ch. 103, sec. 3, effective April 8, 2010. -- Amended
1992 Ky. Acts ch. 429, sec. 18, effective July 14, 1992. -- Amended 1984 Ky. Acts
ch. 392, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 62, sec. 15. -Amended 1978 Ky. Acts ch. 330, sec. 27, effective May 3, 1978. -- Amended 1974
Ky. Acts ch. 74, Art. III, sec. 13(7). -- Created 1962 Ky. Acts ch. 105, sec. 7.
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