Kentucky Statutes 350.090 – Method of operation, grading, backfilling, and reclamation plans — Funding from reclamation development fund — Waste materials in permit area only — Exclusions
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(1) Under the provisions of this chapter and administrative regulations adopted by the cabinet, a permittee shall prepare and the permittee or operator shall carry out a method of operation, plan of grading and backfilling, and a reclamation plan for the area of land affected by his operation. The reclamation plan shall include a requirement to permanently remove all electrical distribution installations on the surface owned by the permittee, including poles, wires, attachments, and other appurtenances related to the delivery of electric service in the permit area, except where:
(a) The electrical distribution installations are being used or will be used by a local distribution entity to provide electrical service to persons other than the permittee at the permit area; or
(b) The cabinet specifically has approved the retention of the electrical distribution installations to facilitate the approved post-mining land use for the permit in the reclamation plan.
(2) In developing a method of operation, and the plans of backfilling, grading, removing electric distribution poles and wires, and reclamation, all measures shall be taken to eliminate potential hazards from electrical distribution poles and wires to low-flying aircraft and damages to members of the public and their real and personal property, public roads, streams, and all other public property from soil erosion, rolling stones and overburden, water pollution, and hazards dangerous to life and property. The permit application containing the required plans and other information as required shall be submitted to the cabinet, and the cabinet shall notify the applicant by certified mail, return receipt requested, within sixty-five (65) cumulative working days after receipt of a complete application whether the permit application is acceptable. If applicable notice, hearing, and conference procedures prevent a decision from being issued within the sixty-five (65) cumulative working day period, the cabinet shall have additional reasonable time to issue its decision, not to exceed twenty (20) days from the completion of the notice, hearing, and conference procedures. If the permit application is not acceptable, the cabinet shall set forth the reasons for which the application or plans are not acceptable and it may propose modifications, delete areas, or reject the entire application. If the applicant disagrees with the decision of the cabinet, he or she may, by written notice, request a hearing conducted by the cabinet in the manner provided by KRS § 350.0305. The cabinet shall notify the applicant by certified mail, return receipt requested, within twenty (20) days after the hearing of its decision. Any person aggrieved by a final order of the cabinet may appeal through the courts as set forth in KRS § 350.0305.
(3) If the permittee desires to seek funds from the reclamation development fund to develop an economic development unit during reclamation, the permittee shall submit, along with the reclamation plan, a reclamation development plan outlining the reclamation development project and showing how it will conform with the reclamation standards of this chapter.
(4) No permittee, operator, or person shall throw, dump, pile, or permit the dumping, piling, or throwing, or otherwise placing any overburden, stones, rocks, coal, particles of coal, earth, soil, dirt, debris, trees, wood, logs, or any other materials or substances of any kind or nature beyond or outside of the area of land which is under permit and for which bond has been posted under KRS § 350.060 or place these materials in such a way that normal erosion or slides brought about by natural physical causes will permit the materials to go beyond or outside of the area of land which is under permit and for which bond has been posted under KRS § 350.060.
(5) The provisions of subsections (1) and (2) of this section pertaining to the removal of electric installations from the permit area shall not apply to electrical transmission lines, poles, wires, attachments, or other appurtenances related to electrical transmission.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 140, sec. 1, effective July 15, 2014. — Amended
2006 Ky. Acts ch. 37, sec. 3, effective July 12, 2006. — Amended 1992 Ky. Acts ch.
304, sec. 4, effective July 14, 1992; and ch. 429, sec. 10, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 206, sec. 1, effective July 13, 1990. — Amended 1988
Ky. Acts ch. 383, sec. 19, effective July 15, 1988. — Amended 1984 Ky. Acts ch.
145, sec. 6, effective March 28, 1984. — Amended 1980 Ky. Acts ch. 62, sec. 9 and ch. 114, sec. 98, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 330, sec. 17, effective May 3, 1978. — Amended 1976 Ky. Acts ch. 341, sec. 1. — Amended 1974
Ky. Acts ch. 315, sec. 74. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7); and ch. 315, sec. 74. — Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 68. — Amended 1966 Ky. Acts ch. 4, sec. 12. — Amended 1964 Ky. Acts ch. 61, sec. 4. — Amended 1960 Ky. Acts ch. 143, sec. 5. — Created 1954 Ky. Acts ch. 8, sec. 9.
Legislative Research Commission Note (7/15/2014). In codification, the Reviser of Statutes has corrected the misplacement of some of the language added to subsection (2) of this statute from the way it appeared in 2014 Ky. Acts ch. 140, sec. 1, under the authority of KRS § 7.136(1)(h). Neither the added language nor the meaning was changed.
Legislative Research Commission Note (7/14/92). This section was amended by two
1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS § 446.250.
(a) The electrical distribution installations are being used or will be used by a local distribution entity to provide electrical service to persons other than the permittee at the permit area; or
Terms Used In Kentucky Statutes 350.090
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- applicant: means a person applying for a permit. See Kentucky Statutes 350.010
- 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
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Method of operation: means the method or manner by which the cut or open pit is made, the overburden is placed or handled, water is controlled, and other acts are performed by the operator in the process of uncovering and removing the coal. See Kentucky Statutes 350.010
- Operator: means any person, partnership, or corporation engaged in surface coal mining operations who removes or intends to remove more than twenty-five (25) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location. See Kentucky Statutes 350.010
- Overburden: means material of any nature, consolidated or unconsolidated, excluding topsoil, which lies above a natural deposit of coal and also means the material after removal from its natural state in the process of surface coal mining. 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
- Personal property: All property that is not real property.
- 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
- Reclamation development fund: means only that reconditioning of land affected by surface mining, which will directly promote and benefit the fund administered by the Kentucky Economic Development Finance Authority to foster economic development on surface mining land. See Kentucky Statutes 350.010
- Reclamation development plan: means a plan submitted to the cabinet to show compliance with reclamation standards, and submitted to the Kentucky Economic Development Finance Authority to seek moneys from the reclamation development fund for a reclamation development project. See Kentucky Statutes 350.010
- Reclamation development project: means only that reconditioning of land affected by surface mining, which will directly promote and benefit an economic undertaking which constitutes a project under KRS §. See Kentucky Statutes 350.010
- Statute: A law passed by a legislature.
(b) The cabinet specifically has approved the retention of the electrical distribution installations to facilitate the approved post-mining land use for the permit in the reclamation plan.
(2) In developing a method of operation, and the plans of backfilling, grading, removing electric distribution poles and wires, and reclamation, all measures shall be taken to eliminate potential hazards from electrical distribution poles and wires to low-flying aircraft and damages to members of the public and their real and personal property, public roads, streams, and all other public property from soil erosion, rolling stones and overburden, water pollution, and hazards dangerous to life and property. The permit application containing the required plans and other information as required shall be submitted to the cabinet, and the cabinet shall notify the applicant by certified mail, return receipt requested, within sixty-five (65) cumulative working days after receipt of a complete application whether the permit application is acceptable. If applicable notice, hearing, and conference procedures prevent a decision from being issued within the sixty-five (65) cumulative working day period, the cabinet shall have additional reasonable time to issue its decision, not to exceed twenty (20) days from the completion of the notice, hearing, and conference procedures. If the permit application is not acceptable, the cabinet shall set forth the reasons for which the application or plans are not acceptable and it may propose modifications, delete areas, or reject the entire application. If the applicant disagrees with the decision of the cabinet, he or she may, by written notice, request a hearing conducted by the cabinet in the manner provided by KRS § 350.0305. The cabinet shall notify the applicant by certified mail, return receipt requested, within twenty (20) days after the hearing of its decision. Any person aggrieved by a final order of the cabinet may appeal through the courts as set forth in KRS § 350.0305.
(3) If the permittee desires to seek funds from the reclamation development fund to develop an economic development unit during reclamation, the permittee shall submit, along with the reclamation plan, a reclamation development plan outlining the reclamation development project and showing how it will conform with the reclamation standards of this chapter.
(4) No permittee, operator, or person shall throw, dump, pile, or permit the dumping, piling, or throwing, or otherwise placing any overburden, stones, rocks, coal, particles of coal, earth, soil, dirt, debris, trees, wood, logs, or any other materials or substances of any kind or nature beyond or outside of the area of land which is under permit and for which bond has been posted under KRS § 350.060 or place these materials in such a way that normal erosion or slides brought about by natural physical causes will permit the materials to go beyond or outside of the area of land which is under permit and for which bond has been posted under KRS § 350.060.
(5) The provisions of subsections (1) and (2) of this section pertaining to the removal of electric installations from the permit area shall not apply to electrical transmission lines, poles, wires, attachments, or other appurtenances related to electrical transmission.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 140, sec. 1, effective July 15, 2014. — Amended
2006 Ky. Acts ch. 37, sec. 3, effective July 12, 2006. — Amended 1992 Ky. Acts ch.
304, sec. 4, effective July 14, 1992; and ch. 429, sec. 10, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 206, sec. 1, effective July 13, 1990. — Amended 1988
Ky. Acts ch. 383, sec. 19, effective July 15, 1988. — Amended 1984 Ky. Acts ch.
145, sec. 6, effective March 28, 1984. — Amended 1980 Ky. Acts ch. 62, sec. 9 and ch. 114, sec. 98, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 330, sec. 17, effective May 3, 1978. — Amended 1976 Ky. Acts ch. 341, sec. 1. — Amended 1974
Ky. Acts ch. 315, sec. 74. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7); and ch. 315, sec. 74. — Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 68. — Amended 1966 Ky. Acts ch. 4, sec. 12. — Amended 1964 Ky. Acts ch. 61, sec. 4. — Amended 1960 Ky. Acts ch. 143, sec. 5. — Created 1954 Ky. Acts ch. 8, sec. 9.
Legislative Research Commission Note (7/15/2014). In codification, the Reviser of Statutes has corrected the misplacement of some of the language added to subsection (2) of this statute from the way it appeared in 2014 Ky. Acts ch. 140, sec. 1, under the authority of KRS § 7.136(1)(h). Neither the added language nor the meaning was changed.
Legislative Research Commission Note (7/14/92). This section was amended by two
1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS § 446.250.