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2017 Kentucky Revised Statutes
CHAPTER 350 - SURFACE COAL MINING
- .005 Repealed, 1960.
- .010 Definitions for chapter.
- .020 Declaration of legislative policy and finding of fact.
- .024 Repealed, effective January 1, 1973.
- .025 Provisions inconsistent with federal law unenforceable.
- .026 Repealed, 1966.
- .028 Powers of cabinet.
- .0281 Repealed, 1992.
- .0285 Notification to Transportation Cabinet of permits for mine openings and of mine closings under authority of cabinet.
- .029 Regulations to implement Interstate Mining Compact -- Adoption -- Limitations.
- .030 Repealed, 1956.
- .0301 Petition challenging determination of cabinet -- Conduct of hearings -- Administrative regulations -- Secretary may designate deputy to sign final orders.
- .0305 Appeal of cabinet's order.
- .032 Enforcement of subpoenas -- Judicial review of final orders -- Forfeiture of performance bond -- Temporary relief pending final determination.
- .035 Repealed, 2017.
- .040 Repealed, 1956.
- .045 Repealed, 1960.
- .050 Powers of cabinet.
- .052 Repealed, 2017.
- .053 Repealed, 2017.
- .054 Illegal mining and conveyance reclamation fund -- Purpose -- Control.
- .055 Publication of notice of intention to mine by permit applicant -- Notification of various local government bodies by cabinet.
- .057 Coal exploration operations.
- .060 Permit requirement -- Contents of application -- Fee -- Bond -- Administrative regulations -- Successive renewal -- Auger mining of previously mined area -- Exempt operations.
- .062 Data included in permit application -- Contemporaneous reclamation -- Subsoil augmentation -- Cabinet to compile hydrologic data -- Abandoned land projects classified as government financed construction.
- .063 Duty of applicant to meet and confer with well operator if permit will disturb access roads.
- .064 Reclamation bond to be filed by applicant.
- .066 Bond posting not required until permit application approved.
- .068 Cancellation of surety.
- .069 Stringency of regulations.
- .070 Permit revisions.
- .075 Special permits for remining of previously affected areas -- Administrative regulations.
- .080 Procedure for obtaining approval of other mining operations -- Deferral of reclamation.
- .085 Denial of permits and operations -- Deletion of land areas.
- .090 Method of operation, grading, backfilling, and reclamation plans -- Funding from reclamation development fund -- Waste materials in permit area only -- Exclusions.
- .093 Time and distance limits on reclamation efforts -- Deferments -- Drift or other underground mining -- Variances -- Release of bond.
- .095 Responsibility for successful revegetation -- Cabinet administrative regulations.
- .097 Protection and location of pollinator habitats on coal mine reclamation sites.
- .100 Time for commencement and completion of reclamation -- Deferred planting.
- .105 Easement of necessity to conduct reclamation operations.
- .110 Repealed, 1990
- .113 Planting report.
- .117 Ownership of trees, shrubs, and plants.
- .120 Report on expiration of permit -- Contents.
- .130 Notice of noncompliance -- Revocation of permit -- Bond forfeiture -- Ineligibility for future permits -- Notice or order effective upon delivery.
- .131 Use of forfeited reclamation bond funds -- Contract to reclaim overlapped disturbed area for which bond has been forfeited and collected.
- .133 Mountaintop removal.
- .135 Requirements for transfer of surface coal mining permit -- Release of bond -- Regulations -- Approval by cabinet.
- .139 Deposit of funds to State Treasury -- Exceptions -- Amount to be transferred to fiscal courts -- Remainder for Division of Mine Permits.
- .140 Repealed, effective January 1, 1973.
- .141 Repealed, effective January 1, 1973.
- .143 Repealed, effective January 1, 1973.
- .145 Repealed, effective January 1, 1973.
- .150 Reclamation work by cabinet -- Procedure -- Acceptance of federal and other funds -- Access to land.
- .151 Permanent program administrative regulations for mining and reclamation -- Bond.
- .152 Acquisition of land by Commonwealth for reclamation purposes.
- .154 Restoration and reclamation by cabinet.
- .156 Transfer of jurisdiction of restored land to state agency or sale to political subdivision -- Return of money to revolving fund.
- .158 Land under bond for restoration not to be acquired.
- .160 Repealed, 1962.
- .161 Acquisition and disposal of land, how governed.
- .163 Cabinet may accept state and federal funds -- Deposit in State Treasury.
- .170 Construction of chapter.
- .175 Persons required to comply with requirements of chapter.
- .180 Repealed, 1962.
- .185 Repealed, effective January 1, 1973.
- .190 Repealed, 1962.
- .195 Repealed, 1966.
- .200 Signs to be posted at mining sites.
- .210 Repealed, effective May 18, 1982.
- .220 Repealed, 1978.
- .230 Conformance to statutes and regulations required, when -- Effective date of regulation.
- .240 Clay mining regulations.
- .250 Complaints of violation -- Mandamus -- Civil action by person adversely affected by violation -- Intervention by cabinet.
- .255 Petition for initiation of proceeding for issuance, amendment or repeal of a regulation -- Notice -- Hearing -- Order -- Judicial review.
- .260 Repealed, 2017.
- .270 Disposal of coal combustion by-products at surface coal mining operations -- Permitting process -- Requirements for disposal -- Authority for administrative regulations.
- .275 Legislative findings and declaration on backstowing and reinjection of coal processing and coal underground development waste.
- .280 Easements of necessity to abate certain dangerous violations and for appraisal purposes when access to property denied -- When effective -- Appraisal and calculation of damages -- Independent appraisal by property owner or legal occupant -- Payment of damages -- Payment of entry fee for appraisal purposes.
- .285 Repealed, 2006.
- .300 Interstate Mining Compact enacted.
- .310 Mining Council -- Members -- Terms.
- .320 Bylaws of Interstate Mining Commission -- Where filed.
- .400 Repealed, 1982.
- .405 Restoration of land.
- .410 Restoration of approximate original contour.
- .415 Soil segregation.
- .420 Minimization of the disturbance to hydrologic balance.
- .421 Protection of water resources.
- .425 Waste used as dams -- Jurisdiction over dams.
- .430 Explosives.
- .435 Vegetation.
- .440 Placement of excess spoil.
- .445 Steep-slope strip mining -- Performance standards -- Conditions for disturbing land above highwall for road construction.
- .450 Prime farmland -- Mountaintop removal -- Variance upon written request of surface owner -- Technical assistance for small operator -- Release of portion of bond.
- .455 Water impoundment on mining site.
- .460 Financial interest by state employee prohibited.
- .465 Permanent regulatory program.
- .470 Repealed, 2017.
- .475 Regulations regarding disturbance of reclaimed permit areas and for transferring liability for reclamation.
- .480 Use of simplified procedures for determining restoration of soil productivity on mined prime farmlands.
- .485 Promotion of research and data collection on simplified procedures to determine their validity with respect to restoration of soil productivity on mined prime farmlands.
- .500 Definitions for KRS 350.500 to 350.521.
- .503 Kentucky reclamation guaranty fund.
- .506 Reclamation Guaranty Fund Commission -- Membership -- Bylaws -- Meetings -- Conflicts of interest -- Applicability of Executive Branch Code of Ethics.
- .509 Duties of commission.
- .512 Office of the Reclamation Guaranty Fund -- Duties of executive director.
- .515 Mandatory participation in fund -- Initial capitalization -- One-time assessments -- Full-cost bond in lieu of participation.
- .518 Permittee to submit permit-specific bond under KRS 350.060(11) -- Tonnage fees -- Assignment of mine type classification -- Inclusion of future permits of existing classification -- Inclusion of future permits of existing voluntary bond pool fund members -- Permit-specific penal bond -- Administrative regulations -- Suspension of permit for arrearage in fees -- Distribution of penalties collected under KRS 350.990(1) -- Rights and remedies.
- .521 Forfeiture of bonds for permits covered by fund -- Use of additional moneys when bond insufficient to cover estimated reclamation cost.
- .550 Creation of Abandoned Mine Lands Program -- Reclamation fund -- Use of fund.
- .553 Certification of achievement of priorities -- Effect of concurrence in certification.
- .555 Priorities for expenditure of moneys from fund.
- .560 Lands and water eligible for reclamation or drainage abatement expenditures.
- .563 Restrictions on use of reclamation project grants.
- .565 Authority to submit plans and reports to federal Department of the Interior.
- .570 Right of cabinet to enter upon land for reclamation purposes -- Acquisition and disposal of land by Commonwealth.
- .575 Lien for reclamation.
- .580 Reclamation of surface impacts of underground or surface mining.
- .585 Emergency restoration and reclamation.
- .590 Power of cabinet to administer provisions of Abandoned Mine Lands Program.
- .595 Application for inclusion under Abandoned Mine Land Enhancement Program -- Coverage under Kentucky reclamation guaranty fund.
- .597 Special trust fund.
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