Title XXVIII, Mines and Minerals

-- Permitting process -- Requirements for disposal -- Authority for administrative regulations. (1) The cabinet may issue a permit under this chapter authorizing the disposal of coal combustion by-products at surface coal mining operations. (2) This section shall apply to the dis…

processing and coal underground development waste. (1) The General Assembly finds that: (a) The backstowing of coal processing and coal underground development waste is a disposal method which, under appropriate conditions, is authorized under state and federal coal mining laws; …

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. (1) (a) As used in this section, "he or s…

The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I Findings and Purposes (a) The party States find that: 1. Mining and the contributions thereof to the econ…

(1) The "Mining Council," hereinafter called "the council," is hereby established in the office of the Governor. The council shall be the advisory body referred to in Article V(a) of the Interstate Mining Compact. No member of the council shall receive any compensation on account…

In accordance with Article V(i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the Energy and Environment Cabinet.

The permittee or person shall restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as the use or uses do not present any actual or …

Except as provided in KRS 350.450(2)(a) to (e), the permittee, operator, or person shall with respect to all surface coal mining operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic materials), and grade in order to restore the approxi…

The permittee or operator shall remove the topsoil from the land in a separate layer, replace it on the backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enou…

The permittee, operator, or person shall minimize disturbances to the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems both during and after surface coal mining operations a…

(1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation or an underground coal mine. (2) Each permittee or operator of a…

The permittee, operator, or other person shall design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon, in accordance with the standards and criteria developed pursuant to subsection (f) of Section 515 of Public Law 95-87, "Surface Mining Control and …

The permittee or operator shall: (1) Provide adequate advance written notice to local governments and residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality and by mailing…

The permittee or other person shall establish on the regraded areas, and all other lands affected, a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at …

The permittee or operator shall place all excess spoil material resulting from surface coal mining and reclamation operations pursuant to this chapter in the following manner: (1) Spoil is transported and placed in a controlled manner in position for concurrent compaction (where …

disturbing land above highwall for road construction. The following performance standards shall be applicable to steep-slope strip mining and shall be in addition to those general performance standards required by KRS 350.405 to 350.435; provided, however, that the provisions of …

of surface owner -- Technical assistance for small operator -- Release of portion of bond. (1) If the area proposed to be mined contains prime farmland as defined in Public Law 95-87, "Surface Mining Control and Reclamation Act of 1977," then no permit shall be issued unless it c…

If authorized in the approved mining and reclamation plan and permit, the permittee or operator may create permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that: (1) The size of the impoundment is adequate f…

No employee of the state performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or strip coal mining operation. Whoever knowingly violates the provisions of this section is guilty of a Class A misdemeanor, and shal…

(1) The provisions of this section and regulations promulgated pursuant thereto, except with regard to the mining of clay, limestone, sand, gravel, fluorspar, stone, and rock asphalt, shall apply to the regulation of all surface coal mining and reclamation operations in the Commo…

transferring liability for reclamation. (1) The Energy and Environment Cabinet is directed to promulgate regulations which specifically address what liability surface mining permittees shall have to reclaim permit areas on which parties or forces not controlled by the permittee h…

productivity on mined prime farmlands. The cabinet shall allow the use of a soil test or other simplified procedures to determine if soil productivity on mined prime farmlands has been restored to levels that would allow average crop yields to equal or exceed the average yield of…

determine their validity with respect to restoration of soil productivity on mined prime farmlands. The cabinet shall encourage research and data collection to determine the validity of using a soil test or other simplified procedure to determine if mined prime farmland soils wil…

As used in KRS 350.500 to 350.521, unless the context otherwise requires: (1) "Actuarial soundness" means the fund has achieved financial positioning such that the collected revenues, including bond forfeiture amounts, and earned investment income in aggregate are sufficient to b…

(1) There is hereby established a revolving fund to be known as the "Kentucky reclamation guaranty fund," which shall be administratively assigned to the cabinet and which shall be administered in accordance with the terms of KRS 350.500 to 350.521. (2) The fund shall consist of …

Meetings -- Conflicts of interest -- Applicability of Executive Branch Code of Ethics. (1) There is hereby created the Reclamation Guaranty Fund Commission which shall be administratively attached to the cabinet. The commission shall consist of seven (7) members. One (1) member s…

The commission shall be attached to the cabinet for administrative purposes and staffed by the Office of the Reclamation Guaranty Fund established pursuant to KRS 350.512. The commission shall: (1) Review, recommend, and promulgate administrative regulations pursuant to KRS Chapt…

(1) The Governor shall establish an Office of the Reclamation Guaranty Fund and appoint an executive director to manage its affairs. The executive director shall serve at the pleasure of the Governor and have all the authority to hire staff, contract for necessary services, and i…

assessments -- Full-cost bond in lieu of participation. (1) Any permittee of a surface coal mining operation, as defined in KRS 350.010(1), located in Kentucky who meets the criteria set forth in this section and in administrative regulations promulgated by the cabinet, shall be …

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 arr…

moneys when bond insufficient to cover estimated reclamation cost. (1) Bonds for permits covered by the fund forfeited after January 1, 2014, in accordance with KRS 350.130(1) shall be placed in the fund. The commission, its members, and employees shall not be named a party to an…

of fund. (1) There is hereby created within the Commonwealth of Kentucky an Abandoned Mine Lands Program, to be administered within the Energy and Environment Cabinet. The secretary of the Energy and Environment Cabinet may promulgate regulations necessary to implement this progr…

certification. (1) The Governor may certify to the Secretary of the Interior that all of the priorities stated in Section 403(a) of P.L. 95-87 and KRS 350.555 for eligible lands and waters pursuant to Section 404 of P.L. 95-87 and KRS 350.560(1), (2), and (3) have been achieved. …

Expenditure of moneys from the fund on lands and water eligible pursuant to KRS 350.560 for the purposes of the Abandoned Mine Lands Program shall reflect the following priorities in the order stated: (1) (a) The protection of public health, safety, and property from extreme dang…

expenditures. (1) Lands and water eligible for reclamation or drainage abatement expenditures under the Abandoned Mine Lands Program are those which were mined for coal or which were affected by coal mining, wastebanks, coal processing, or other coal mining processes, and were ab…

The cabinet may use amounts available in grants made annually to the Commonwealth under KRS 350.550 for the reclamation of eligible land and water prioritized under KRS 350.555(3). However, the expenditure shall not occur unless the reclamation is done in conjunction with the exp…

Interior. The Energy and Environment Cabinet shall have the authority to prepare and submit to the Secretary, United States Department of the Interior, reclamation plans, annual projects, applications for federal support, and any other reports or plans which are provided for or r…

and disposal of land by Commonwealth. (1) If the cabinet makes a finding of fact pursuant to the Abandoned Mine Lands Program that: (a) Land or water resources have been adversely affected by past coal mining practices; and (b) The adverse effects are at a stage where, in the pub…

(1) Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the cabinet shall itemize the moneys so expended and may file a statement thereof in the office of the…

(1) The cabinet is authorized to fill voids, seal abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mines which the secretary determines could endanger life and property, constitute a hazard to the public health and safety, or degrade…

(1) The cabinet is authorized to expend moneys from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the cabinet makes finding of fact that: (a) An emergency exists constituti…

Program. (1) The cabinet shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or expedient, including promulgation of rules and regulations, to implement and administer the provisions of the Abandoned Mine Lands Pro…

Program -- Coverage under Kentucky reclamation guaranty fund. (1) An applicant who desires to remine property which is classified as abandoned mine land under KRS 350.560 may apply to the Reclamation Guaranty Fund Commission established in KRS 350.506 for inclusion under the Aban…

(1) The Finance and Administration Cabinet shall establish a special trust fund which may receive and retain up to thirty percent (30%) of the total grants made annually by the Secretary of the Interior, pursuant to Section 402(g)(6) of Pub. L. No. 95-87, as amended by the Tax Re…

until adoption of rules and regulations. (1) The General Assembly finds that there has been a recent interest in the Commonwealth in the mining and processing of oil shale due to the critical need for fossil fuel which has developed in this country. The General Assembly further f…

(1) The secretary of the Energy and Environment Cabinet is hereby authorized to establish a planning process enabling objective decisions based upon competent and scientifically sound data as to which, if any, lands of the Commonwealth are unsuitable for all or certain types of s…