KRS 353.572: Eligibility requirements for permit issuance or transfer under this chapter

-- When operator ineligible to receive a permit or become a successor operator,

factors considered -- Energy and Environment Cabinet to promulgate

administrative regulations relating to compliance with eligibility requirements

-- Restoration of eligibility for applicants, operators, and control persons.

(1) The cabinet shall not issue a permit, or approve an application to transfer a well or

wells to a successor operator pursuant to KRS 353.590(23), and an operator shall

not be eligible to receive any permits or become a successor operator under this

chapter, if:

(a) The applicant has falsified or otherwise misrepresented any information on or

relating to the permit application;

(b) The applicant has failed to abate or reach an agreement with the cabinet

regarding an unappealed violation of KRS 353.500 to 353.720 or the

administrative regulations promulgated thereunder;

(c) A control person of the applicant has a forfeiture of a bond;

(d) The applicant is a control person for another operator that has a forfeiture of a

bond;

(e) A control person for the applicant served as a control person for another

operator when an unresolved bond forfeiture occurred; or

(f) The applican t is or has a control person who controls or is controlled by

another operator that has a forfeiture of a bond.

(2) The cabinet may promulgate administrative regulations to allow for the proper

administration of the compliance review described in this sect ion. The cabinet shall

restore eligibility for applicants, operators, and control persons who are deemed

permit-ineligible pursuant to subsection (1)(a) of this section upon the resubmission

of the application correcting the false or misrepresented informa tion. The cabinet

shall restore eligibility for applicants, operators, or control persons who are deemed

permit-ineligible pursuant to subsection (1)(b) of this section upon satisfactory

abatement of the violation, including payment of any civil penalties. The cabinet

shall restore eligibility for applicants, operators, or control persons who are deemed

permit-ineligible pursuant to subsection (1)(c) to (f) of this section upon entry and

satisfactory compliance of an agreed order between the operator and the cabinet that

resolves all of the operator's outstanding violations, requires payment of any civil

penalties, and provides restitution to the cabinet for any costs associated with the

forfeiture, plugging, and proper abandonment of a well in excess of the bonded

amount.