KENTUCKY REGULATORY PROGRAM

	Kentucky Regulatory Program

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TITLE XXVIII MINES AND MINERALS
CHAPTER 350 SURFACE COAL MINING
(Current through 2003 Regular Session) SURFACE COAL MINING KRS 350.005 Repealed, 1960.
KRS 350.010 Definitions for chapter.
KRS 350.020 Declaration of legislative policy and finding of fact.
KRS 350.024 Repealed, effective January 1, 1973.
KRS 350.025 Provisions inconsistent with federal law unenforceable.
KRS 350.026 Repealed, 1966.
KRS 350.028 Powers of cabinet.
KRS 350.0281 Repealed, 1992.
KRS 350.0285 Notification to Transportation Cabinet of permits for mine openings and of mine closings under authority of cabinet.
KRS 350.029 Regulations to implement Interstate Mining Compact -- Adoption -- Limitations.
KRS 350.030 Repealed, 1956.
KRS 350.0301 Petition challenging determination of cabinet -- Conduct of hearings -- Administrative regulations.
KRS 350.0305 Appeal of cabinet's order.
KRS 350.032 Enforcement of subpoenas -- Judicial review of final orders -- Forfeiture of performance bond -- Temporary relief pending final determination.
KRS 350.035 Department for Surface Mining Reclamation and Enforcement -- Appointment of special investigations officers.
KRS 350.040 Repealed, 1956.
KRS 350.045 Repealed, 1960.
KRS 350.050 Powers of cabinet. KRS 350.052 Powers, qualifications, and training of special investigations officers.
KRS 350.053 Seizure and sale of equipment -- Rights of owner or lien holder.
KRS 350.054 Illegal mining and conveyance reclamation fund -- Purpose -- Control.
KRS 350.055 Publication of notice of intention to mine by permit applicant -- Notification of various local government bodies by cabinet.
KRS 350.057 Coal exploration operations.
KRS 350.060 Permit requirement -- Contents of application -- Fee -- Bond -- Exemptions -- Administrative regulations -- Successive renewal -- Auger mining of previously mined area -- Exempt operations.
KRS 350.062 Data included in permit application -- Contemporaneous reclamation -- Subsoil augmentation -- Cabinet to compile hydrologic data -- Abandoned land projects classified as government financed construction.
KRS 350.063 Duty of applicant to meet and confer with well operator if permit will disturb access roads.
KRS 350.064 Reclamation bond to be filed by applicant.
KRS 350.066 Bond posting not required until permit application approved.
KRS 350.068 Cancellation of surety.
KRS 350.069 Stringency of regulations.
KRS 350.070 Permit revisions.
KRS 350.075 Special permits for remining of previously affected areas -- Administrative regulations.
KRS 350.080 Procedure for obtaining approval of other mining operations -- Deferral of reclamation.
KRS 350.085 Denial of permits and operations -- Deletion of land areas.
KRS 350.090 Method of operation, grading, backfilling, and reclamation plans -- Funding from reclamation development fund -- Waste materials in permit area only.
KRS 350.093 Time and distance limits on reclamation efforts -- Deferments -- Drift or other underground mining -- Variances -- Release of bond.
KRS 350.095 Responsibility for successful revegetation -- Cabinet administrative regulations.
KRS 350.100 Time for commencement and completion of reclamation -- Deferred planting.
KRS 350.110 Repealed, 1990
KRS 350.113 Planting report.
KRS 350.117 Ownership of trees, shrubs, and plants.
KRS 350.120 Report on expiration of permit -- Contents.
KRS 350.130 Notice of noncompliance -- Revocation of permit -- Bond forfeiture -- Ineligibility for future permits.
KRS 350.131 Use of forfeited reclamation bond funds -- Contract to reclaim overlapped disturbed area for which bond has been forfeited and collected.
KRS 350.133 Mountaintop removal.
KRS 350.135 Requirements for transfer of surface coal mining permit -- Release of bond -- Regulations -- Approval by cabinet.
KRS 350.139 Deposit of funds to State Treasury -- Transfer to fiscal courts.
KRS 350.140 Repealed, effective January 1, 1973.
KRS 350.141 Repealed, effective January 1, 1973.
KRS 350.143 Repealed, effective January 1, 1973.
KRS 350.145 Repealed, effective January 1, 1973.
KRS 350.150 Reclamation work by cabinet -- Procedure -- Acceptance of federal and other funds -- Access to land.
KRS 350.151 Permanent program administrative regulations for mining and reclamation -- Bond.
KRS 350.152 Acquisition of land by Commonwealth for reclamation purposes.
KRS 350.154 Restoration and reclamation by cabinet.
KRS 350.156 Transfer of jurisdiction of restored land to state agency or sale to political subdivision -- Return of money to revolving fund.
KRS 350.158 Land under bond for restoration not to be acquired.
KRS 350.160 Repealed, 1962.
KRS 350.161 Acquisition and disposal of land, how governed.
KRS 350.163 Cabinet may accept state and federal funds -- Deposit in State Treasury.
KRS 350.170 Construction of chapter.
KRS 350.175 Persons required to comply with requirements of chapter.
KRS 350.180 Repealed, 1962.
KRS 350.185 Repealed, effective January 1, 1973.
KRS 350.190 Repealed, 1962.
KRS 350.195 Repealed, 1966.
KRS 350.200 Signs to be posted at mining sites.
KRS 350.210 Repealed, effective May 18, 1982.
KRS 350.220 Repealed, 1978.
KRS 350.230 Conformance to statutes and regulations required, when -- Effective date of regulation.
KRS 350.240 Clay mining regulations.
KRS 350.250 Complaints of violation -- Mandamus -- Civil action by person adversely affected by violation -- Intervention by cabinet.
KRS 350.255 Petition for initiation of proceeding for issuance, amendment or repeal of a regulation -- Notice -- Hearing -- Order -- Judicial review.
KRS 350.260 Small Coal Operators Advisory Council.
KRS 350.270 Disposal of coal combustion by-products at surface coal mining operations -- Permitting process -- Requirements for disposal -- Authority for administrative regulations.
KRS 350.275 Legislative findings and declaration on backstowing and reinjection of coal processing and coal underground development waste.
KRS 350.280 Easements of necessity to abate certain dangerous violations and for appraisal purposes when access to property denied -- When effective -- Appraisal of damages likely to occur -- Independent appraisal by property owner or legal occupant -- Payment of damages.
KRS 350.285 Removal of coal on private land -- Implementation of section. RECLAMATION KRS 350.400 Repealed, 1982.
KRS 350.405 Restoration of land.
KRS 350.410 Restoration of approximate original contour.
KRS 350.415 Soil segregation.
KRS 350.420 Minimization of the disturbance to hydrologic balance.
KRS 350.421 Protection of water resources.
KRS 350.425 Waste used as dams -- Jurisdiction over dams.
KRS 350.430 Explosives.
KRS 350.435 Vegetation.
KRS 350.440 Placement of excess spoil.
KRS 350.445 Steep-slope strip mining -- Performance standards -- Conditions for disturbing land above highwall for road construction.
KRS 350.450 Prime farmland -- Mountaintop removal -- Variance upon written request of surface owner -- Technical assistance for small operator -- Release of portion of bond.
KRS 350.455 Water impoundment on mining site.
KRS 350.460 Financial interest by state employee prohibited.
KRS 350.465 Permanent regulatory program.
KRS 350.470 Review of regulations.
KRS 350.475 Regulations regarding disturbance of reclaimed permit areas and for transferring liability for reclamation.
KRS 350.480 Use of simplified procedures for determining restoration of soil productivity on mined prime farmlands.
KRS 350.485 Promotion of research and data collection on simplified procedures to determine their validity with respect to restoration of soil productivity on mined prime farmlands. ABANDONED MINE LANDS PROGRAM KRS 350.550 Creation of abandoned mine lands program -- Reclamation fund -- Use of fund.
KRS 350.553 Certification of achievement of priorities -- Effect of concurrence in certification.
KRS 350.555 Priorities for expenditure of moneys from fund.
KRS 350.560 Lands and water eligible for reclamation or drainage abatement expenditures.
KRS 350.565 Authority to submit plans and reports to federal Department of the Interior.
KRS 350.570 Right of cabinet to enter upon land for reclamation purposes -- Acquisition and disposal of land by Commonwealth.
KRS 350.575 Lien for reclamation.
KRS 350.580 Reclamation of surface impacts of underground or surface mining.
KRS 350.585 Emergency restoration and reclamation.
KRS 350.590 Power of cabinet to administer provisions of Abandoned Mine Lands Program.
KRS 350.595 Bond pool fund for Abandoned Mine Land Enhancement Program.
KRS 350.597 Special trust fund. LANDS UNSUITABLE KRS 350.610 Designation of lands as unsuitable for surface coal mining. BOND POOL FUND KRS 350.700 Bond pool fund established.
KRS 350.705 Bond Pool Commission.
KRS 350.710 Powers of commission.
KRS 350.715 Pool administrator.
KRS 350.720 Bond pool -- Criteria -- Compliance records.
KRS 350.725 Membership fee -- Tonnage fee.
KRS 350.730 Tonnage fee suspension or reinstatement.
KRS 350.735 Permit-specific penal bond.
KRS 350.740 Permit issuance.
KRS 350.745 Payments from fund for reclamation.
KRS 350.750 Revocation of membership in bond pool.
KRS 350.755 Grounds for refusal of permit. PENALTIES KRS 350.990 Penalties. KENTUCKY ADMINISTRATIVE REGULATIONS (KAR)
TITLE 405 NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
DEPARTMENT FOR SURFACE MINING RECLAMATION AND ENFORCEMENT
[Current as of 7/22/03] CHAPTER 7 GENERAL PROVISIONS 405 KAR 7:001 Definitions for 405 KAR Chapter 7
405 KAR 7:015 Documents incorporated by reference
405 KAR 7:030 Applicability
405 KAR 7:035 Exemption for coal extraction incidental to the extraction of other minerals
405 KAR 7:040 General obligations of operators and permittees
405 KAR 7:050 Coal processing waste disposal sites
405 KAR 7:060 Experimental practices mining
405 KAR 7:070 Certification of blasters
405 KAR 7:080 Small operator assistance
405 KAR 7:091 General practice provisions
405 KAR 7:092 Administrative hearings and assessment conferences
405 KAR 7:095 Assessment of civil penalties
405 KAR 7:097 Reclamation in lieu of cash payment of civil penalties
405 KAR 7:100 Notice of citizen suits
405 KAR 7:110 Petitions for rulemaking CHAPTER 8 PERMITS 405 KAR 8:001 Definitions for 405 KAR Chapter 8
405 KAR 8:010 General provisions for permits
405 KAR 8:020 Coal exploration
405 KAR 8:030 Surface coal mining permits
405 KAR 8:040 Underground coal mining permits
405 KAR 8:050 Permits for special categories of mining CHAPTER 10 BOND AND INSURANCE REQUIREMENTS 405 KAR 10:001 Definitions for 405 KAR Chapter 10
405 KAR 10:010 General requirements for performance bond and liability insurance
405 KAR 10:020 Amount and duration of performance bond
405 KAR 10:030 Types, terms and conditions of performance bonds and liability insurance
405 KAR 10:035 Procedures, criteria and hearing requirements for cancellation of surety bonds after notice of
405 KAR 10:040 Procedures, criteria and schedule for release of performance bond
405 KAR 10:050 Bond forfeiture
405 KAR 10:200 Kentucky bond pool CHAPTER 12 INSPECTION AND ENFORCEMENT 405 KAR 12:001 Definitions for 405 KAR Chapter 12
405 KAR 12:010 General provisions for inspection and enforcement
405 KAR 12:020 Enforcement
405 KAR 12:030 Public participation in inspection and enforcement CHAPTER 16 PERFORMANCE STANDARDS FOR SURFACE MINING ACTIVITIES 405 KAR 16:001 Definitions for 405 KAR Chapter 16
405 KAR 16:010 General provisions
405 KAR 16:020 Contemporaneous reclamation
405 KAR 16:030 Signs and markers
405 KAR 16:040 Casing and sealing of drilled holes
405 KAR 16:050 Topsoil
405 KAR 16:060 General hydrologic requirements
405 KAR 16:070 Water quality standards and effluent limitations
405 KAR 16:080 Diversions
405 KAR 16:090 Sedimentation ponds
405 KAR 16:100 Permanent and temporary impoundments
405 KAR 16:110 Surface and groundwater monitoring
405 KAR 16:120 Use of explosives
405 KAR 16:130 Disposal of excess spoil
405 KAR 16:140 Disposal of coal processing waste
405 KAR 16:150 Disposal of noncoal mine waste
405 KAR 16:160 Coal mine waste dams and impoundments
405 KAR 16:170 Stabilization of surface areas
405 KAR 16:180 Protection of fish, wildlife, and related environmental values
405 KAR 16:190 Backfilling and grading
405 KAR 16:200 Revegetation
405 KAR 16:210 Postmining land use capability
405 KAR 16:220 Roads
405 KAR 16:250 Other facilities CHAPTER 18 PERFORMANCE STANDARDS FOR UNDERGROUND MINING ACTIVITIES 405 KAR 18:001 Definitions for 405 KAR Chapter 18
405 KAR 18:010 General provisions
405 KAR 18:020 Contemporaneous reclamation
405 KAR 18:030 Signs and markers
405 KAR 18:040 Casing and sealing of underground openings
405 KAR 18:050 Topsoil
405 KAR 18:060 General hydrologic requirements
405 KAR 18:070 Water quality standards and effluent limitations
405 KAR 18:080 Diversions
405 KAR 18:090 Sedimentation ponds
405 KAR 18:100 Permanent and temporary impoundments
405 KAR 18:110 Surface and groundwater monitoring
405 KAR 18:120 Use of explosives
405 KAR 18:130 Disposal of excess spoil
405 KAR 18:140 Disposal of coal processing waste
405 KAR 18:150 Disposal of noncoal mine waste
405 KAR 18:160 Coal mine waste dams and impoundments
405 KAR 18:170 Stabilization of surface areas
405 KAR 18:180 Protection of fish, wildlife, and related environmental values
405 KAR 18:190 Backfilling and grading
405 KAR 18:200 Revegetation
405 KAR 18:210 Subsidence control
405 KAR 18:220 Postmining land use capability
405 KAR 18:230 Roads
405 KAR 18:260 Other facilities CHAPTER 20 SPECIAL PERFORMANCE STANDARDS 405 KAR 20:001 Definitions for 405 KAR Chapter 20
405 KAR 20:010 Coal exploration
405 KAR 20:030 Auger mining
405 KAR 20:040 Prime farmland
405 KAR 20:050 Mountaintop removal
405 KAR 20:060 Steep slopes
405 KAR 20:070 Off-site coal processing plants
405 KAR 20:080 In situ processing CHAPTER 24 AREAS UNSUITABLE FOR MINING 405 KAR 24:001 Definitions for 405 KAR Chapter 24
405 KAR 24:020 Petition requirements
405 KAR 24:030 Process and criteria for designating lands unsuitable for surface mining operations
405 KAR 24:040 Areas unsuitable for mining

Office of Surface Mining
1951 Constitution Ave. N.W.
Washington, D.C. 20240
202-208-2719
getinfo@osmre.gov