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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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