{"data":{"id":"us-ky/krs-350.465","jurisdiction":"us-ky","citation":"KRS 350.465","heading":"Permanent regulatory program.","body":"(1) The provisions of this section and regulations promulgated pursuant thereto, except\nwith regard to the mining of clay, limestone, sand, gravel, fluorspar, stone, and rock\nasphalt, shall apply to the regulation of all surface coal mining and reclamation\noperations in the Commonwealth in the event that the Commonwealth receives\nfrom the United States Department of Interior and pursuant to the Surface Mining\nControl and Reclamation Act of 1977, PL 95 -87, approval of a permanent state\nregulatory program, and th e Commonwealth has promulgated regulations pursuant\nto this section.\n(2) The Energy and Environment Cabinet is hereby authorized and directed to prepare,\ndevelop and promulgate a comprehensive permanent regulatory program for the\nimplementation of the Surf ace Mining Control and Reclamation Act of 1977, PL\n95-87, for the purpose of accepting and administering primary enforcement\nresponsibilities pursuant to that act. The implementation of this section shall contain\nprocedures similar to the Surface Mining Co ntrol and Reclamation Act of 1977, PL\n95-87, and shall require surface coal mining operation performance standards no\nmore stringent than provided for in that act. Nothing in this section shall be\nconstrued to empower the cabinet to adopt a regulatory prog ram in conflict with the\npolicy and purposes of the Surface Mining Control and Reclamation Act of 1977,\nPL 95 -87. To that end, the Energy and Environment Cabinet shall include in its\npermanent regulatory program:\n(a) Environmental protection performance st andards to prevent or minimize the\nadverse environmental effects of surface coal mining and reclamation\noperations on the land and water resources of the Commonwealth;\n(b) A procedure for designating as being unsuitable for mining certain lands\nbecause of their topographical, geological, hydrological, climatological,\nbiological, or chemical characteristics or historical, cultural, scientific, or\naesthetic values;\n(c) Procedures and regulations for the allowance of those persons having an\ninterest which is o r may be adversely affected to have the opportunity to be\nheard at every significant or critical part of the administrative and judicial\nprocess, including, but not limited to, the permit review and issuance process,\nthe general enforcement process and hea rings incident thereto, and the\nrulemaking procedures conducted by the cabinet; and procedures and\nregulations for persons having a valid legal interest which is or may be\nadversely affected by the setting, release, and inspection of bonds to have an\nopportunity to be heard at every significant or critical part of the\nadministrative and judicial process relating to bonds. The regulations shall\nprovide reasonable procedures for notice and an opportunity to be heard,\naccess to minesites, access to records, an d other reasonable procedures to\naccomplish the purposes of this chapter;\n(d) Procedures for the administrative and judicial review of all actions of the\ncabinet to administer and enforce the provisions of this chapter, including the\naward of costs and expenses, including attorney's fees and expert witness fees,\nby the cabinet or the court;\n(e) Plans and procedures for the reclamation and restoration of land and water\nresources affected by mining which have been abandoned or inadequately\nreclaimed to the st andards imposed by this section and for which no bond is\nheld or legal obligation to reclaim continues. The plan shall include provisions\nfor the imposition of liens for necessary reclamation expenditures made on\nprivate property; and\n(f) Procedures for th e assumption of the small operator assistance program\npursuant to the Surface Mining Control and Reclamation Act of 1977, PL 95 -\n87. The cabinet shall assume and implement that program and apply for and\nadminister funds as may be provided pursuant to that a ct and such state funds\nas may be provided for the program.\n(3) In addition to any other authority, power, and duty vested in it by law, the cabinet\nshall have and exercise broad authority, power, and duty to:\n(a) Require those persons who wish to engage i n surface coal mining and\nreclamation operations to submit application for a permit from the cabinet to\nconduct the operations, and to include in that application all information\nrequired by the cabinet pertaining to that operation;\n(b) Issue, deny, or mod ify under such conditions as the cabinet may prescribe,\npermits to conduct surface coal mining and reclamation operations within the\nCommonwealth;\n(c) Enter and inspect any permitted surface coal mining and reclamation\noperation or any known or suspected u npermitted mining operation for the\npurpose of ascertaining compliance with any provision of this chapter or of\nthe permit;\n(d) Order the cessation of mining activities, and if necessary impose affirmative\nabatement obligations, upon the permittee, operato r, or person when, upon\ninspection, the cabinet determines that this section or any permit condition is\nbeing or has been violated so as to constitute an imminent and inordinate peril\nto the welfare of the Commonwealth;\n(e) Order a person, permittee, or an  operator to comply with the requirements of\nthis section or his permit if inspection reveals a violation of the conditions of\nhis permit or of any provision of this section;\n(f) Order a permittee to appear and show cause why his permit should not be\nsuspended or revoked and his bond forfeited if the cabinet determines that the\npermittee or operator or the permitted operation has a pattern of violations of\nthis section or permit co nditions, and has willfully violated this section or\npermit conditions or a pattern of violations exists and that the violations are\ncaused by the operator's or permittee's unwarranted failure to comply with this\nsection or permit conditions;\n(g) Require, increase, release, or decrease, under such conditions as the cabinet\nmay prescribe, reclamation performance bonds and cause the forfeiture and\ncollection of those bonds where the permittee has abandoned the operation or\nfor which the permit under which the bond was given has been revoked or has\nexpired without the required reclamation;\n(h) To administratively impose, in lieu of those civil penalties provided for in\nKRS 350.990, civil penalties of up to five thousand dollars ($5,000) per day\nfor violations o f permit conditions, this section, or any orders of the cabinet\nand enforce the administrative assessment of the penalties by initiating civil\naction in the Franklin Circuit Court or in any court having jurisdiction of the\ndefendant;\n(i) Conduct hearings a nd make investigations of any matter relating to the\nregulation of surface coal mining and reclamation operations, and provide for\nthe assessment and payment of civil penalties including the placement of\nproposed civil penalty assessments into an escrow ac count prior to a contest\non the amount of the assessment, consistent with the process of law;\n(j) Provide for variances or exceptions consistent with KRS 350.450 from or in\naddition to mining performance standards, recognizing the specific\ncharacteristics inherent in:\n1. Steep slope mining;\n2. Mountaintop removal;\n3. Relatively low acreage disturbance or annual coal production;\n4. Prime farmland mining as defined by the United States Department of\nAgriculture, and to provide for other variances where land u ses and\nwatersheds will be improved; and\n5. Postmining uses different from and as beneficial as the premining uses;\n(k) Receive and expend funds or aid from whatever source to accomplish the\npurposes of this chapter; and\n(l) Propose and promulgate regulati ons to accomplish the purposes of this\nsection.\n(4) The cabinet shall not promulgate regulations which are inconsistent with the\nSurface Mining Control and Reclamation Act of 1977, PL 95-87.\n(5) Any person who violates a provision of this section or the re gulations promulgated\npursuant thereto shall be subject to those penalties and remedies set forth in KRS\n350.990 except as provided for in subsection (3)(h) of this section.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32853","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"064c30dce68941fb115bde3f37004f5c5b0fe919376cdb7967a54eb9b97bd963","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.460","next":"us-ky/krs-350.470"},"notice":"GroundRules: Original legal text. Not legal advice."}