Kentucky Statutes 350.135 – Requirements for transfer of surface coal mining permit — Release of bond — Regulations — Approval by cabinet
Current as of: 2024 | Check for updates
|
Other versions
(1) No surface coal mining permit issued pursuant to this chapter shall be transferred by sale, assignment, lease, or otherwise except upon the written approval by the cabinet of a joint application submitted by both the transferor and the transferee. A basic fee set by regulation, and bearing a reasonable relationship to the cost of processing the transfer, but not to exceed seven hundred fifty dollars ($750) shall accompany the application and no acreage fee will be assessed. The transferee shall file with the application a bond satisfactory to the cabinet which shall ensure reclamation of the entire area of land affected under the permit, including areas previously affected by the transferor. All rights and liabilities under the permit shall pass to the transferee upon written approval of the transfer by the cabinet, except that the transferor shall remain liable for any civil penalties resulting from violations occurring prior to the date of approval of the transfer. The cabinet shall not approve transfer of a surface coal mining permit to any person who would be ineligible to receive a new permit under this chapter.
(2) After the cabinet has given its written approval to the transfer, the transferee may conduct surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee. Any transferee seeking to change the conditions of mining or reclamation operations, or any of the terms or conditions of the original permit, shall apply for a new or revised permit pursuant to the requirements of the cabinet.
(3) The cabinet shall not release the first permittee from bond liability under this chapter as to that particular operation until the transferee, having filed a bond satisfactory to the cabinet, receives written approval from the cabinet for the transfer, and otherwise complies with the requirements of this chapter, and provided further that the transferee shall assume as part of his obligation under this chapter, all liability for the reclamation of the area of land affected by the former permittee.
(4) The cabinet may promulgate reasonable regulations and administrative procedures to implement this section.
(5) The cabinet shall approve the transfer application if: (a) A joint agreement or sale has been executed;
(b) The transferee has posted bond satisfactory to the cabinet which insures reclamation of the entire area of land affected under the permit;
(c) The transferee has paid the fee pursuant to subsection (1) of this section;
(d) The transferee has agreed to operate under provisions of the approved permit being transferred.
Effective: April 8, 2010
History: Amended 2010 Ky. Acts ch. 103, sec. 3, effective April 8, 2010. — Amended
1992 Ky. Acts ch. 429, sec. 18, effective July 14, 1992. — Amended 1984 Ky. Acts ch. 392, sec. 1, effective July 13, 1984. — Amended 1980 Ky. Acts ch. 62, sec. 15. — Amended 1978 Ky. Acts ch. 330, sec. 27, effective May 3, 1978. — Amended 1974
Ky. Acts ch. 74, Art. III, sec. 13(7). — Created 1962 Ky. Acts ch. 105, sec. 7.
(2) After the cabinet has given its written approval to the transfer, the transferee may conduct surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee. Any transferee seeking to change the conditions of mining or reclamation operations, or any of the terms or conditions of the original permit, shall apply for a new or revised permit pursuant to the requirements of the cabinet.
Terms Used In Kentucky Statutes 350.135
- Area of land affected: means any area of land or water upon which surface coal mining and reclamation operations are conducted or located or are to be conducted or located. See Kentucky Statutes 350.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 350.010
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Operations: means surface coal mining operations, all of the premises, facilities, roads, and equipment used in the process of producing coal from a designated area or removing overburden for the purpose of determining the location, quality, or quantity of a natural coal deposit or the activity to facilitate or accomplish the extraction or the removal of coal. See Kentucky Statutes 350.010
- Permittee: means a person holding a permit to conduct surface coal mining and reclamation operations. See Kentucky Statutes 350.010
- Person: means any individual, partnership, corporation, association, society, joint stock company, firm, company, or other business organization and shall also include any agency, unit, or instrumentality of federal, state, or local government including any publicly-owned utility or publicly-owned corporation of federal, state, or local government. See Kentucky Statutes 350.010
- Reclamation: means the reconditioning of the area affected by surface coal mining operations under a plan approved by the cabinet. See Kentucky Statutes 350.010
- Surface coal mining and reclamation operations: means surface coal mining operations and all activities necessary and incident to the reclamation of the operations as required by this chapter. See Kentucky Statutes 350.010
(3) The cabinet shall not release the first permittee from bond liability under this chapter as to that particular operation until the transferee, having filed a bond satisfactory to the cabinet, receives written approval from the cabinet for the transfer, and otherwise complies with the requirements of this chapter, and provided further that the transferee shall assume as part of his obligation under this chapter, all liability for the reclamation of the area of land affected by the former permittee.
(4) The cabinet may promulgate reasonable regulations and administrative procedures to implement this section.
(5) The cabinet shall approve the transfer application if: (a) A joint agreement or sale has been executed;
(b) The transferee has posted bond satisfactory to the cabinet which insures reclamation of the entire area of land affected under the permit;
(c) The transferee has paid the fee pursuant to subsection (1) of this section;
(d) The transferee has agreed to operate under provisions of the approved permit being transferred.
Effective: April 8, 2010
History: Amended 2010 Ky. Acts ch. 103, sec. 3, effective April 8, 2010. — Amended
1992 Ky. Acts ch. 429, sec. 18, effective July 14, 1992. — Amended 1984 Ky. Acts ch. 392, sec. 1, effective July 13, 1984. — Amended 1980 Ky. Acts ch. 62, sec. 15. — Amended 1978 Ky. Acts ch. 330, sec. 27, effective May 3, 1978. — Amended 1974
Ky. Acts ch. 74, Art. III, sec. 13(7). — Created 1962 Ky. Acts ch. 105, sec. 7.