KRS 350.425: Waste used as dams -- Jurisdiction over dams.

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, "Sur face

Mining Control and Reclamation Act of 1977," all existing and new coal mine waste piles

consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid

wastes, and used either temporarily or permanently as dams or embankments. The Energy

and Environment Cabinet through this chapter shall have exclusive jurisdiction over KRS

Chapter 151 concerning the regulation of dams, levees, embankments, dikes, bridges,

fills, or other obstructions across or along any stream or in the floodway of any stream,

which structures or obstructions are permitted under this chapter.