KRS 350.020: Declaration of legislative policy and finding of fact.

The General Assembly finds that the Commonwealth is the leading producer of coal and

that the production of coal in Kentucky contributes significantly to the nation's energy

needs. The General Assembly further finds that unregulated surface coal mining

operations cause soil erosion, damage from rolling stones and overburden, landslides,

stream pollution, the accumulation of stagnant water and the seepage of contaminated

water, increase the likelihood of floods, destroy the value of land for agricultural

purposes, destroy aesthetic values, counteract efforts for the conservation of soil, water

and other natural resources, destroy or impair the property rights of citizens, create fire

hazards, and in general create hazards dangerous to life and property, so as to constitute

an imminent and inordinate peril to the welfare of the Commonwealth. The General

Assembly further finds that lands that have been subjected to surface coal mining

operations and have not been reclaimed and rehabilitated in accordance with mo dern

standards constitute the aforementioned perils to the welfare of the Commonwealth. The

General Assembly further finds that there are wide variations in the circumstances and

conditions surrounding and arising out of surface coal mining operations due primarily to

difference in topographical and geological conditions, and by reason thereof it is

necessary, in order to provide the most effective, beneficial and equitable solution to the

problem, that a broad discretion be vested in the authority designat ed to administer and

enforce the regulatory provisions enacted by the General Assembly. The General

Assembly further finds that governmental responsibility for regulating surface coal

mining operations rests with state government and hereby directs the Ene rgy and

Environment Cabinet to take all actions necessary to preserve and exercise the

Commonwealth's authority, to the exclusion of all other governmental entities except the

Commonwealth and agencies thereof and except as provided in KRS Chapter 100.

Therefore, it is the purpose of this chapter to provide such regulation and control of

surface coal mining operations as to minimize or prevent injurious effects on the people

and resources of the Commonwealth. To that end, the cabinet is directed to rigidly

enforce this chapter and to adopt whatever administrative regulations are found necessary

to accomplish the purpose of this chapter.