Title XXVIII, Mines and Minerals

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…

(1) Any permittee, person, or operator who violates any of the provisions of this chapter or administrative regulations promulgated pursuant thereto or who fails to perform the duties imposed by these provisions, except the refusal or failure to obtain a permit or other authoriza…

(1) As used in this chapter, unless the context requires otherwise: (a) "Adulterated specimen" means a specimen containing a substance that is not a normal constituent or containing an endogenous substance at a concentration that is not a normal physiological concentration; (b) "…

(1) The Department for Natural Resources shall be headed by the commissioner of the Department for Natural Resources. (2) The department shall administer all laws of the Commonwealth relating to mines.

The department shall: (1) Promulgate administrative regulations that establish comprehensive criteria for the imposition and enforcement of sanctions against certified and noncertified personnel and owners and part-owners of licensed premises whose intentional violation of, or or…

(1) All administrative hearings conducted by the department shall be conducted in accordance with KRS Chapter 13B and this section. Following the hearing, the department shall decide each matter in controversy. No person shall be discharged or otherwise discriminated against by h…

(1) Any party in interest dissatisfied with an order of the department may commence an equitable action against the department and other interested parties as defendants, to vacate or set aside, in whole or in part, any such order. The action shall be brought in the Circuit Court…

(1) The director of the Division of Mine Safety shall be a citizen of Kentucky and shall be thoroughly familiar with all methods of safety pertaining to the operation of mines. (2) The director shall have a practical knowledge of: (a) The different systems of working and ventilat…

may promulgate administrative regulations -- Family liaison -- Civil monetary penalties. (1) The commissioner shall have full authority over the department and shall superintend and direct the activities of the mine safety specialists and other personnel of the department. There …

(1) Upon petition by the operator or the representative of miners, the commissioner may modify the application of any mandatory safety standard to a mine if the commissioner determines that an alternative method of achieving the result of such standard exists which will at all ti…

The offices of the mine inspectors shall be at such places within their respective districts as the commissioner designates, and each mine inspector shall be provided with a suitable office.

- Background check. (1) The Governor shall appoint an adequate number of mine safety specialists to ensure at least two (2) inspections annually at all surface mines, provided the mine is in operation the entire year or the proportionate thereof, of all mines in the Commonwealth …

The General Assembly hereby finds and declares the following: (1) The highest priority and concern of the Commonwealth must be the health and safety of the coal industry's most valuable resource, the miner. (2) The continued prosperity of the coal industry is of primary importanc…

required -- Proof of drug- and alcohol-free status to be submitted -- Examinations -- Hearing -- Appeals. (1) No person shall be assigned mining duties by a licensee as a laborer or supervisor unless the person holds a valid certificate of competency and qualification or a valid …

(1) All persons possessing valid certificates as mine inspectors, electrical inspectors, mine safety instructors, assistant mine foreman, mine foreman, shotfirer, and other mining specialties as established by the department, or certified miner shall be eligible to work at any ti…

(1) The Mine Safety Review Commission is created as an independent governmental entity attached to the Energy and Environment Cabinet, Office of the Secretary, for administrative purposes. The commission shall: (a) Conduct hearings and issue orders regarding a licensee, coal oper…

the Mine Safety Review Commission. The members of the Mine Safety Review Commission shall complete a forty (40) hour new miner training course if they have not completed the course within the previous two (2) years. In addition, they shall participate in a site visit of an underg…

training and education -- Retraining and reeducation requirements -- Administrative regulations -- Implementation of program for training and examination -- Records. (1) The department shall establish criteria and standards for a program of education and training to be required o…

(1) A person desiring to obtain experience as a shotfirer may not charge or detonate explosives in an underground mine unless he or she is under the direction and within sight and sound of a certified shotfirer. No person shall charge or detonate explosives within an underground …