Kentucky Statutes 350.150 – Reclamation work by cabinet — Procedure — Acceptance of federal and other funds — Access to land
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(1) In the reclamation of land affected by surface coal mining operations for which it has funds available, the cabinet may avail itself of any services which may be provided by other state agencies or by agencies of the federal government, and may compensate them for the services. The cabinet may also receive any federal funds, state funds, or any other funds for the reclamation of land affected by surface coal mining operations. The cabinet may cause the reclamation work to be done by its own employees or by employees of other governmental agencies, soil conservation districts, or through contracts with qualified persons. The contracts, other than negotiated contracts awarded pursuant to KRS § 350.131(3), shall be awarded to the lowest responsible bidder upon competitive bids after reasonable advertisement. The cabinet and any other agency and any contractor under a contract with the cabinet shall have the right of access to the land affected to carry out the reclamation.
(2) Any funds available to the cabinet and any public works program (both funds and services) may be used and expended to reclaim and rehabilitate any lands that have been subjected to surface coal mining operations that have not been reclaimed and rehabilitated in accordance with standards set by this chapter or administrative regulations thereunder and which are not covered by bond to guarantee the reclamation.
(3) A person or organization, having qualifications acceptable to the cabinet, may post bond or a cash deposit, in a sum determined by the cabinet, and assume the liability for carrying out the reclamation plan approved by the cabinet in areas where the mining operation and any necessary grading and backfilling have been completed. The cabinet shall then release the bond posted by the permittee for the area.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 323, sec. 2, effective July 15, 1996. — Amended
1992 Ky. Acts ch. 429, sec. 19, July 14, 1992. — Amended 1980 Ky. Acts ch. 62, sec. 16. — Amended 1978 Ky. Acts ch. 332, sec. 7, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). — Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 73. — Amended 1966 Ky. Acts ch. 4, sec. 20. — Amended
1964 Ky. Acts ch. 61, sec. 8. –.Amended 1962 Ky. Acts ch. 105, sec. 12. — Created
1954 Ky. Acts ch. 8, sec. 15.
(2) Any funds available to the cabinet and any public works program (both funds and services) may be used and expended to reclaim and rehabilitate any lands that have been subjected to surface coal mining operations that have not been reclaimed and rehabilitated in accordance with standards set by this chapter or administrative regulations thereunder and which are not covered by bond to guarantee the reclamation.
Terms Used In Kentucky Statutes 350.150
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 350.010
- Contract: A legal written agreement that becomes binding when signed.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Surface coal mining operations: means activities conducted on the surface of lands in connection with a surface coal mine and surface impacts incident to an underground coal mine. See Kentucky Statutes 350.010
(3) A person or organization, having qualifications acceptable to the cabinet, may post bond or a cash deposit, in a sum determined by the cabinet, and assume the liability for carrying out the reclamation plan approved by the cabinet in areas where the mining operation and any necessary grading and backfilling have been completed. The cabinet shall then release the bond posted by the permittee for the area.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 323, sec. 2, effective July 15, 1996. — Amended
1992 Ky. Acts ch. 429, sec. 19, July 14, 1992. — Amended 1980 Ky. Acts ch. 62, sec. 16. — Amended 1978 Ky. Acts ch. 332, sec. 7, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). — Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 73. — Amended 1966 Ky. Acts ch. 4, sec. 20. — Amended
1964 Ky. Acts ch. 61, sec. 8. –.Amended 1962 Ky. Acts ch. 105, sec. 12. — Created
1954 Ky. Acts ch. 8, sec. 15.