CHAPTER 350. SURFACE COAL MINING  


005. Repealed, 1960. [Repealed]
010. Definitions for chapter.
020. Declaration of legislative policy and finding of fact.
024. Repealed, effective January 1, 1973. [Repealed]
025. Provisions inconsistent with federal law unenforceable.
026. Repealed, 1966. [Repealed]
028. Powers of cabinet.
0281. Repealed, 1992. [Repealed]
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 Repealed, 1956. [Repealed]
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. Department for Natural Resources -- Divisions -- Appointment of special investigations officers.
040. Repealed, 1956. [Repealed]
045. Repealed, 1960. [Repealed]
050. Powers of cabinet.
052. Powers, qualifications, and training of special investigations officers.
053. Seizure and sale of equipment -- Rights of owner or lien holder.
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 -- Exemptions -- 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.
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 [Repealed]
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. [Repealed]
141. Repealed, effective January 1, 1973. [Repealed]
143. Repealed, effective January 1, 1973. [Repealed]
145. Repealed, effective January 1, 1973. [Repealed]
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. [Repealed]
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. [Repealed]
185. Repealed, effective January 1, 1973. [Repealed]
190. Repealed, 1962. [Repealed]
195. Repealed, 1966. [Repealed]
200. Signs to be posted at mining sites.
210. Repealed, effective May 18, 1982. [Repealed]
220. Repealed, 1978. [Repealed]
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. Small Coal Operators Advisory Council.
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. [Repealed]
Interstate Compact
300. Interstate Mining Compact enacted.
310. Mining Council -- Members -- Terms.
320. Bylaws of Interstate Mining Commission -- Where filed.
Reclamation (350.400 has been repealed but dealt with reclamation.)
400. Repealed, 1982. [Repealed]
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. Review of regulations.
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.
Abandoned Mine Lands Program
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.
Oil Shale Mining
600. Legislative findings and intent -- Commercial oil shale mining prohibited until adoption of rules and regulations.
Lands Unsuitable
610. Designation of lands as unsuitable for surface coal mining.
Bond Pool Fund
700. Repealed, 2013. [Repealed]
705. Repealed, 2013. [Repealed]
710. Repealed, 2013. [Repealed]
715. Pool administrator.
720. Repealed, 2013. [Repealed]
725. Repealed, 2013. [Repealed]
730. Repealed, 2013. [Repealed]
735. Repealed, 2013. [Repealed]
740. Repealed, 2013. [Repealed]
745. Repealed, 2013. [Repealed]
750. Repealed, 2013. [Repealed]
755. Repealed, 2013. [Repealed]
Penalties
990. Penalties.