Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XXVIII. MINES AND MINERALS |
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 Repealed, 1960. [Repealed] |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 Repealed, effective January 1, 1973. [Repealed] |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 Repealed, 1966. [Repealed] |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 Repealed, 1992. [Repealed] |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 Repealed, 1956. [Repealed] |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 Repealed, 1956. [Repealed] |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 Repealed, 1960. [Repealed] |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. |
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. |
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. |
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. |