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Ky. Rev. Stat. Ann. ch. 350 – Surface Coal Mining | Midpage
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Kentucky Revised Statutes
Xxviii
Chapter 350
Ky. Rev. Stat. Ann. ch. 350
Surface Coal Mining
Commonwealth of Kentucky
350.010
Definitions for chapter.
350.020
Declaration of legislative policy and finding of fact.
350.025
Provisions inconsistent with federal law unenforceable.
350.028
Powers of cabinet.
350.0285
Notification to Transportation Cabinet of permits for mine openings and of mine closings under authority of cabinet.
350.029
Regulations to implement Interstate Mining Compact -- Adoption -- Limitations.
350.0301
Petition challenging determination of cabinet -- Conduct of hearings -- Administrative regulations -- Secretary may designate deputy to sign final orders.
350.0305
Appeal of cabinet's order.
350.032
Enforcement of subpoenas -- Judicial review of final orders -- Forfeiture of performance bond -- Temporary relief pending final determination.
350.050
Powers of cabinet.
350.054
Illegal mining and conveyance reclamation fund -- Purpose -- Control.
350.055
Publication of notice of intention to mine by permit applicant -- Notification of various local government bodies by cabinet.
350.057
Coal exploration operations.
350.060
Permit requirement -- Contents of application -- Fee -- Bond -- Administrative regulations -- Successive renewal -- Auger mining of previously mined area -- Exempt operations.
350.062
Data included in permit application -- Contemporaneous reclamation -- Subsoil augmentation -- Cabinet to compile hydrologic data -- Abandoned land projects classified as government financed construction.
350.063
Duty of applicant to meet and confer with well operator if permit will disturb access roads.
350.064
Reclamation bond to be filed by applicant.
350.066
Bond posting not required until permit application approved.
350.068
Cancellation of surety.
350.069
Stringency of regulations.
350.070
Permit revisions.
350.075
Special permits for remining of previously affected areas -- Administrative regulations.
350.080
Procedure for obtaining approval of other mining operations -- Deferral of reclamation.
350.085
Denial of permits and operations -- Deletion of land areas.
350.090
Method of operation, grading, backfilling, and reclamation plans -- Funding from reclamation development fund -- Waste materials in permit area only -- Exclusions.
350.093
Time and distance limits on reclamation efforts -- Deferments -- Drift or other underground mining -- Variances -- Release of bond.
350.095
Responsibility for successful revegetation -- Cabinet administrative regulations.
350.097
Protection and location of pollinator habitats on coal mine reclamation sites.
350.100
Time for commencement and completion of reclamation -- Deferred planting.
350.105
Easement of necessity to conduct reclamation operations.
350.113
Planting report.
350.117
Ownership of trees, shrubs, and plants.
350.120
Report on expiration of permit -- Contents.
350.130
Notice of noncompliance -- Revocation of permit -- Bond forfeiture -- Ineligibility for future permits -- Notice or order effective upon delivery.
350.131
Use of forfeited reclamation bond funds -- Contract to reclaim overlapped disturbed area for which bond has been forfeited and collected.
350.133
Mountaintop removal.
350.135
Requirements for transfer of surface coal mining permit -- Release of bond -- Regulations -- Approval by cabinet.
350.139
Deposit of funds to State Treasury -- Exceptions -- Amount to be transferred to fiscal courts -- Remainder for Division of Mine Permits.
350.150
Reclamation work by cabinet -- Procedure -- Acceptance of federal and other funds -- Access to land.
350.151
Permanent program administrative regulations for mining and reclamation -- Bond.
350.152
Acquisition of land by Commonwealth for reclamation purposes.
350.154
Restoration and reclamation by cabinet.
350.156
Transfer of jurisdiction of restored land to state agency or sale to political subdivision -- Return of money to revolving fund.
350.158
Land under bond for restoration not to be acquired.
350.161
Acquisition and disposal of land, how governed.
350.163
Cabinet may accept state and federal funds -- Deposit in State Treasury.
350.170
Construction of chapter.
350.175
Persons required to comply with requirements of chapter.
350.200
Signs to be posted at mining sites.
350.230
Conformance to statutes and regulations required, when -- Effective date of regulation.
350.240
Clay mining regulations.
350.245
Permit required to conduct mining for vein minerals -- Exemptions.
350.250
Complaints of violation -- Mandamus -- Civil action by person adversely affected by violation -- Intervention by cabinet.
350.255
Petition for initiation of proceeding for issuance, amendment or repeal of a regulation -- Notice -- Hearing -- Order -- Judicial review.
350.270
Disposal of coal combustion by-products at surface coal mining operations -- Permitting process -- Requirements for disposal -- Authority for administrative regulations.
350.275
Legislative findings and declaration on backstowing and reinjection of coal processing and coal underground development waste.
350.280
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. (Effective until July 15, 2026)
350.300
Interstate Mining Compact enacted.
350.310
Mining Council -- Members -- Terms.
350.320
Bylaws of Interstate Mining Commission -- Where filed.
350.405
Restoration of land.
350.410
Restoration of approximate original contour.
350.415
Soil segregation.
350.420
Minimization of the disturbance to hydrologic balance.
350.421
Protection of water resources.
350.425
Waste used as dams -- Jurisdiction over dams.
350.430
Explosives.
350.435
Vegetation.
350.440
Placement of excess spoil.
350.445
Steep-slope strip mining -- Performance standards -- Conditions for disturbing land above highwall for road construction.
350.450
Prime farmland -- Mountaintop removal -- Variance upon written request of surface owner -- Technical assistance for small operator -- Release of portion of bond.
350.455
Water impoundment on mining site.
350.460
Financial interest by state employee prohibited.
350.465
Permanent regulatory program.
350.475
Regulations regarding disturbance of reclaimed permit areas and for transferring liability for reclamation.
350.480
Use of simplified procedures for determining restoration of soil productivity on mined prime farmlands.
350.485
Promotion of research and data collection on simplified procedures to determine their validity with respect to restoration of soil productivity on mined prime farmlands.
350.500
Definitions for KRS 350.500 to 350.521.
350.503
Kentucky reclamation guaranty fund.
350.506
Reclamation Guaranty Fund Commission -- Membership -- Bylaws -- Meetings -- Conflicts of interest -- Applicability of Executive Branch Code of Ethics.
350.509
Duties of commission.
350.512
Office of the Reclamation Guaranty Fund -- Duties of executive director.
350.515
Mandatory participation in fund -- Initial capitalization -- One-time assessments -- Full-cost bond in lieu of participation.
350.518
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 -- Rights and remedies.
350.521
Forfeiture of bonds for permits covered by fund -- Use of additional moneys when bond insufficient to cover estimated reclamation cost.
350.550
Creation of Abandoned Mine Lands Program -- Reclamation fund -- Use of fund.
350.553
Certification of achievement of priorities -- Effect of concurrence in certification.
350.555
Priorities for expenditure of moneys from fund.
350.560
Lands and water eligible for reclamation or drainage abatement expenditures.
350.563
Restrictions on use of reclamation project grants.
350.565
Authority to submit plans and reports to federal Department of the Interior.
350.570
Right of cabinet to enter upon land for reclamation purposes -- Acquisition and disposal of land by Commonwealth.
350.575
Lien for reclamation.
350.580
Reclamation of surface impacts of underground or surface mining.
350.585
Emergency restoration and reclamation.
350.590
Power of cabinet to administer provisions of Abandoned Mine Lands Program.
350.595
Application for inclusion under Abandoned Mine Land Enhancement Program -- Coverage under Kentucky reclamation guaranty fund.
350.597
Special trust fund.
350.600
Legislative findings and intent -- Commercial oil shale mining prohibited until adoption of rules and regulations.
350.610
Designation of lands as unsuitable for surface coal mining.
350.990
Penalties.