2020 Kentucky Revised Statutes Chapter 353 - Mineral conservation and development 353.572 Eligibility requirements for permit issuance or transfer under this chapter -- When operator ineligible to receive a permit or become a successor operator, factors considered -- Energy and Environment Cabinet to promulgate administrative regulations relating to compliance with eligibility requirements -- Restoration of eligibility for applicants, operators, and control persons.
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353.572 Eligibility requirements for permit issuance or transfer under this chapter
-- When operator ineligible to receive a permit or become a successor operator,
factors considered -- Energy and Environment Cabinet to promulgate
administrative regulations relating to compliance with eligibility requirements
-- Restoration of eligibility for applicants, operators, and control persons.
(1)
(2)
The cabinet shall not issue a permit, or approve an application to transfer a well or
wells to a successor operator pursuant to KRS 353.590(23), and an operator shall
not be eligible to receive any permits or become a successor operator under this
chapter, if:
(a) The applicant has falsified or otherwise misrepresented any information on or
relating to the permit application;
(b) The applicant has failed to abate or reach an agreement with the cabinet
regarding an unappealed violation of KRS 353.500 to 353.720 or the
administrative regulations promulgated thereunder;
(c) A control person of the applicant has a forfeiture of a bond;
(d) The applicant is a control person for another operator that has a forfeiture of a
bond;
(e) A control person for the applicant served as a control person for another
operator when an unresolved bond forfeiture occurred; or
(f) The applicant is or has a control person who controls or is controlled by
another operator that has a forfeiture of a bond.
The cabinet may promulgate administrative regulations to allow for the proper
administration of the compliance review described in this section. The cabinet shall
restore eligibility for applicants, operators, and control persons who are deemed
permit-ineligible pursuant to subsection (1)(a) of this section upon the resubmission
of the application correcting the false or misrepresented information. The cabinet
shall restore eligibility for applicants, operators, or control persons who are deemed
permit-ineligible pursuant to subsection (1)(b) of this section upon satisfactory
abatement of the violation, including payment of any civil penalties. The cabinet
shall restore eligibility for applicants, operators, or control persons who are deemed
permit-ineligible pursuant to subsection (1)(c) to (f) of this section upon entry and
satisfactory compliance of an agreed order between the operator and the cabinet that
resolves all of the operator's outstanding violations, requires payment of any civil
penalties, and provides restitution to the cabinet for any costs associated with the
forfeiture, plugging, and proper abandonment of a well in excess of the bonded
amount.
Effective: June 27, 2019
History: Created 2019 Ky. Acts ch. 21, sec. 11, effective June 27, 2019.
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