KRS 350.250: Complaints of violation -- Mandamus -- Civil action by person adversely

affected by violation -- Intervention by cabinet.

(1) Any person with an interest which is or may be adversely affected having

knowledge that any of the provisions of this chapter or regulations adopted

thereunder are not being enforced by any public officer or employee, whose duty it

is to enforce such provisions of this chapter and regulations thereunder, may bring

such failure to enforce the law to the attention of such public o fficer or employee.

To provide against unreasonable and irresponsible demands being made, all such

demands to enforce the law must be in writing, under oath, with facts set forth

specifically stating the nature of the failure to enforce the law. If such pu blic officer

or employee neglects or refuses for any unreasonable time but in no event longer

than sixty (60) days after demand to enforce such provision, any such person shall

have the right to bring an action of mandamus in the Circuit Court of the count y in

which the operation which relates to the alleged lack of enforcement is being

conducted; provided, that any action pursuant to this section may be brought

immediately after a demand for enforcement when the violation or order

complained of constitutes an imminent threat to the health or safety of the

complaining person or would immediately affect a legal interest of the complaining

person. The court, if satisfied that any provision of this chapter or regulation

thereunder is not being enforced, shall m ake an appropriate order compelling the

public officer or employee, whose duty it is to enforce such provision, to perform

his duties, and upon failure to do so such public officer or employee shall be held in

contempt of court and shall be subject to the penalties provided by the laws of the

Commonwealth in such cases.

(2) The court having jurisdiction of a complaint made pursuant to subsection (1) of this

section may in its final order award costs of litigation (including attorney and expert

witness fees) to any party, whenever the court determines such an award is

appropriate.

(3) Any person who is or may be adversely affected by the violation by any person of

any rule, regulation, order or permit issued pursuant to this chapter may bring a civil

action f or injunctive relief or for damages or both (including reasonable attorney

and expert witness fees) in the Circuit Court of the county in which the surface coal

mining operation complained of is located. Nothing in this subsection shall be

construed to be a waiver of sovereign immunity by the Commonwealth.

(4) In such action under this section, the cabinet, if not a party, may intervene as a

matter of right.