Download as PDF
352.510 Mining near oil or gas wells -- Hearing.
(1)
(2)
(3)
In any underground mine before removing any coal or other material or driving any
entry or passageway within three hundred (300) feet of any surveyed natural gas or
petroleum well, or before extending the workings in any mine beneath any tract of
land on which these wells are also drilled, or within three hundred (300) feet of any
of these wells or under any tract of land in visible possession of a well operator, the
operator shall forward simultaneously to the well operator and to the Department
for Natural Resources, by certified mail, return receipt requested, or by registered
mail, a copy of the maps and plans required by law to be filed and kept up to date,
showing on the copy of the map or plan its mine workings and projected mine
workings beneath the tract of land and within three hundred (300) feet of its outer
boundaries. The operator may then proceed with his mining operations in the
manner indicated on the copy of the map or plan; but if the conduct of his mining
operations nearer than three hundred (300) feet to any surveyed natural gas or
petroleum well, whether completed or being drilled, or to any proposed well where
a derrick is being constructed for drilling, or proposed well will endanger the use of
drilling of the well, the well owner or operator affected may, within fifteen (15)
days from the receipt of the copy of the map by him and the department, file
specific objections in writing to the mining operations within less than three
hundred (300) feet of the well; and if the objection is filed, the department shall
notify the operator of the character of the objections and fix a time and place for an
informal hearing not more than ten (10) days from the end of the fifteen (15) day
period. At the hearing, the operator and the well operator, in person or by a
representative, shall consider the objections and agree upon the character and extent
of operations to be conducted within less than three hundred (300) feet of the well
to satisfy the objections raised and meet the approval of the department. And, if no
agreement can be reached, the department, after an administrative hearing
conducted in accordance with KRS Chapter 13B, shall make a decision defining
what coal, if any, is necessary to be left for the safe protection of the use and
operation of the well. The decision shall be subject to appeal by either party as
provided in KRS 351.040. The department shall keep a complete record of all the
hearings.
The mine operator shall, every six (6) months, while mining within three hundred
(300) feet of the surveyed natural gas and petroleum well, bring up to date the maps
and plans required by this section, or file new maps and plans complete to date.
Prior to issuance of a waiver to mine within three hundred (300) feet of an oil or gas
well, the Division of Mine Safety shall determine whether the oil or gas operator
has been properly notified as required by subsection (1) of this section.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 35, effective June 24, 2015. -- Amended
2009 Ky. Acts ch. 79, sec. 13, effective June 25, 2009. -- Amended 1996 Ky. Acts
ch. 308, sec. 48, effective April 9, 1996; and ch. 318, sec. 337, effective July 15,
1996. -- Amended 1992 Ky. Acts ch. 348, sec. 3, effective July 14, 1992. -- Amended
1974 Ky. Acts ch. 315, sec. 76. -- Amended 1972 Ky. Acts ch. 303, sec. 46. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 3766b-14.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.
Legislative Research Commission Note (4/9/96). The action taken with respect to this
statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under
Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor's signed copy of the Act was filed with the Secretary of
State.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.