{"data":{"id":"us-ky/krs-350.130","jurisdiction":"us-ky","citation":"KRS 350.130","heading":"Notice of noncompliance -- Revocation of permit -- Bond forfeiture --","body":"Ineligibility for future permits -- Notice or order effective upon delivery.\n(1) When any of the requirements of this chapter or administrative regulations adopted\npursuant thereto or the orders of the cabinet have not been complied with, the\ncabinet shall forthwith cause a notice of noncompliance to be issued upon the\npermittee, person, or operator. The cabinet shall set forth in its notice a reasonable\ntime period but not more than  ninety (90) days for the abatement of the violation. If\nany permittee, person, or operator has not abated the violation within the time\nprescribed in the notice of noncompliance, the secretary or other authorized\npersonnel of the cabinet shall issue to th e permittee, operator, or person an order for\nimmediate compliance and cessation of any mining activities or operations which\nare contributing to the violation. The order shall require the permittee, person, or\noperator to abate the violation in the most e xpeditious manner possible. The\nsecretary is authorized to promulgate reasonable administrative regulations for the\nimplementation of this section. The notice or order shall be handed to the person in\ncharge of the operation and the operator or person enga ged in coal exploration\noperations or sent by certified mail, return receipt requested, addressed to the\npermanent address shown on the application for a permit; or by electronic mail to\nthe address shown on the permit application or otherwise voluntarily provided to the\ncabinet by the permittee on a form prepared by the cabinet; or, if no address is\nshown on the application, then by certified or electronic mail to the address known\nto the cabinet. The notice of noncompliance or order for immediate complian ce and\ncessation shall specify in what respects the permittee, person, or operator has failed\nto comply with this chapter or the regulations or orders of the cabinet and the\nremedial action required, the period of time established for abatement, and a\nreasonable description of the portion of the surface coal mining and reclamation\noperation to which the notice or order applies. If the permittee, person, or operator\nhas not reached an agreement with the cabinet or has not complied with the\nrequirements set f orth in the notice of noncompliance or order for immediate\ncompliance and cessation within time limits set therein, the permit may be revoked\nor the operation terminated, after an opportunity for a hearing, by order of the\ncabinet, and the performance bond , if any, shall then be forfeited to the cabinet,\nprovided that failure to attend a hearing shall be excused for good cause shown.\nAny bonding company or financial institution providing bond to the cabinet shall\nhave the right to perform those measures nec essary to secure bond releases if the\nbonding company or financial institution can demonstrate that it has the ability to\nperform the measures and will undertake to do so within a reasonable time frame.\nThe bonding company, or financial institution providing the bond, may, at any stage\nof the reclamation process, pay the remaining encumbered balance of the bond and\nthereby discharge its obligation under the bond. Neither the surety company nor the\nfinancial institution may employ anyone to perform the measu res who has been\nbarred from mining pursuant to the provisions of this chapter.\n(2) When a bond is forfeited consistent with the provisions of this chapter, the cabinet\nshall forfeit the entire amount of the bond for the permit area or increment.\n(3) A per mittee, operator, or person whose mining permit or operation has been\nrevoked, suspended, or terminated or is at the time of the application in violation of\nthis chapter or other applicable requirements as set forth in KRS 350.085 shall not\nbe eligible to receive another permit or begin another operation or to have\nsuspended permits or operations reinstated until he shall have complied with all the\nrequirements of this chapter or submitted proof satisfactory to the cabinet under\nKRS 350.085 that the violati on has been corrected or is in the process of being\ncorrected in respect to all permits issued him, provided, further, that no permittee,\noperator, or person shall be eligible to receive another permit or begin another\noperation who has forfeited any bond unless the land for which the bond was\nforfeited has been reclaimed without cost to the state or the permittee, operator, or\nperson has paid such sum as the cabinet finds is adequate to reclaim the lands. The\ncabinet shall not issue any permits to or allow  future operations by any permittee,\noperator, or person who has demonstrated a pattern of willful violations of this\nchapter of such nature and duration with such resulting irreparable damage to the\nenvironment as to indicate an intent not to comply with the provisions of this\nchapter, provided that no permit shall be denied on this basis without an opportunity\nfor a hearing. The secretary shall promulgate regulations which implement this\nsection. For the purposes of this section, if a corporate permittee has demonstrated a\npattern of willful violations, then any subsequent application for a permit by that\ncorporation, or any person who controls or has controlled that corporation, shall be\ndenied.\n(4) In the exercise of the secretary's enforcement powers an d authority under this\nchapter, the secretary, or an authorized representative of the cabinet, after\ninspection, shall immediately order the cessation of the condition or operation when\nhe determines that the condition or operation creates an imminent dang er to the\nhealth or safety of the public or that the condition or operation is causing or can\nreasonably be expected to cause significant imminent environmental harm in\nviolation of this chapter or the regulations pursuant to this chapter, or any permit\ncondition. For purposes of this subsection, \"imminent danger to the health and\nsafety of the public\" means the existence of any condition or practice, or any\nviolation of a permit or other requirement of this chapter in a surface coal mining\nand reclamation operation, which condition, practice, or violation could reasonably\nbe expected to cause substantial physical harm to persons outside the permit area\nbefore the condition, practice, or violation can be abated. A reasonable expectation\nof death or serious i njury before abatement exists if a rational person, subjected to\nthe same conditions or practices giving rise to the peril, would not expose himself\nor herself to the danger during the time necessary for abatement.\n(5) Each provision of this section shall be interpreted and applied consistently with due\nprocess of law.\n(6) The secretary, or authorized representatives of the cabinet, shall have the power to\nvacate, amend, modify, or terminate notices of noncompliance and cessation orders,\npursuant to administrative regulations promulgated by the cabinet.\n(7) Service of any notice or order by electronic mail shall be effective upon delivery of\nthe notice or the order to the recipient's inbox by electronic mail as electronically\ncommunicated to the cabinet by an electronic registered receipt.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32800","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"b7a4d25272d5a9a10c1450f4c715872e3d31a5fbc8e0bc6383714550d02fbeb1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.120","next":"us-ky/krs-350.131"},"notice":"GroundRules: Original legal text. Not legal advice."}