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350.600 Legislative findings and intent -- Commercial oil shale mining prohibited
until adoption of rules and regulations.
(1)
(2)
(3)
(4)
(5)
The General Assembly finds that there has been a recent interest in the
Commonwealth in the mining and processing of oil shale due to the critical need for
fossil fuel which has developed in this country. The General Assembly further finds
that the development of this fossil fuel could be of significant long-range benefit to
the Commonwealth and to the United States of America, but that the unregulated
extraction and processing of oil shale within the Commonwealth could cause soil
erosion, water pollution, and the destruction of aesthetic and agricultural values.
The General Assembly further finds that, in order to effectively regulate the
extraction and processing of oil shale, the Energy and Environment Cabinet shall
conduct extensive research concerning the process, waste production, and
potentially adverse environmental impacts of such recovery operations.
It is the intent of the General Assembly to provide such regulation and control of the
mining and processing of oil shale as to minimize and prevent its adverse effects on
the citizens and the environment of the Commonwealth. The General Assembly
further finds that the Energy and Environment Cabinet is the most competent
agency to regulate the extraction and processing of oil shale due to its expertise in
the handling of the surface mining of other minerals and in the regulation of other
sources of air and water pollution.
The Energy and Environment Cabinet shall file with the regulations compiler
reasonable rules and regulations pertaining to oil shale mining operations, which
shall include strip mining as defined by KRS 350.010, the surface effects of
underground mining of oil shale, and the in situ mining of oil shale by June 30,
1981. No person shall engage in the commercial mining or processing of oil shale
until such time as the cabinet promulgates rules and regulations to provide standards
for such mining.
In promulgating regulations pursuant to subsection (3) of this section, the secretary
shall make written finding that the regulations promulgated are based on sound
scientific and engineering data and are reasonably necessary to protect the people
and environment of the Commonwealth from the adverse effects of oil shale
extraction. The secretary shall promulgate regulations consistent with existing
standards for land, water, and air protection. The secretary may conduct a public
hearing on the subject of the cabinet's regulation of the extraction and processing of
oil shale for the purpose of collecting data and receiving public comments on this
issue. The hearing will be held at a time and place to be determined by the secretary
in accordance with the policy of the cabinet.
Prior to the adoption of the regulations required by this section, any person may
conduct core drilling, experimentation, removal of samples, or a pilot and
demonstration project which involves the mining of not more than five (5) acres for
the production of oil shale in any one (1) county. Such core drilling,
experimentation, removal of samples, or pilot and demonstration project involving
the mining of not more than five (5) acres for the production of oil shale in any one
(1) county shall not be initiated until written notification of the intent to perform
(6)
such operations shall be filed at least fifteen (15) days prior to commencement of
such projects by registered mail by the mine operator with the secretary of the
Energy and Environment Cabinet of the Commonwealth of Kentucky and with the
person(s) holding title to the surface of the land to be utilized for such operations.
The secretary of the Energy and Environment Cabinet of the Commonwealth of
Kentucky shall be granted the right to monitor such core drilling, experimentation,
removal of samples, or pilot and demonstration project as it may deem necessary for
the purpose of establishing sound and reasonable scientific and engineering data
upon which rules and regulations pertaining to oil shale mining operations in the
Commonwealth of Kentucky can be based.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1894, effective July 15, 2010. -- Created
1980 Ky. Acts ch. 260, sec. 1, effective July 15, 1980.
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