reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:036 - Signs and markers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028
				authorizes the Environmental and Public Protection Cabinet to promulgate
				administrative regulations pertaining to noncoal mineral operations to minimize
				their adverse effects on the citizens and the environment of the commonwealth.
				KRS
				350.029 authorizes the cabinet to promulgate
				reasonable administrative regulations to establish effective programs for the
				control of surface soil disturbance in connection with mining as defined by the
				Interstate Mining Compact.
				KRS
				350.240 authorizes the cabinet to promulgate
				reasonable administrative regulations for the reclamation of land disturbed or
				removed in the mining of clay.
				KRS
				350.300 authorizes the cabinet to formulate
				and establish an effective program and standards for the conservation and use
				of mined land. This administrative regulation establishes provisions concerning
				signs and markers for noncoal mineral operations.
Section 1. General.
(1) All signs required to be posted shall be
			 of a standard design that can be seen and read easily and shall be made of
			 durable material.
(2) Signs and
			 other markers shall be maintained by the mineral permittee during all mineral
			 operations to which they pertain, and shall be kept legible and visible and
			 shall conform to all local ordinances and codes.
(3) Signs constructed pursuant to this
			 administrative regulation shall be constructed of durable material, with the
			 sign face to be at least two (2) feet in height and four (4) feet in width, and
			 the top of the sign to stand not less than six (6) feet above the
			 ground.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:042 - Blasting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028
				authorizes the Environmental and Public Protection Cabinet to promulgate
				administrative regulations pertaining to noncoal mineral operations to minimize
				their adverse effects on the citizens and the environment of the commonwealth.
				KRS
				350.029 authorizes the cabinet to promulgate
				reasonable administrative regulations to establish effective programs for the
				control of surface soil disturbance in connection with mining as defined by the
				Interstate Mining Compact.
				KRS
				350.240 authorizes the cabinet to promulgate
				reasonable administrative regulations for the reclamation of land disturbed or
				removed in the mining of clay.
				KRS
				350.300 authorizes the cabinet to formulate
				and establish an effective program and standards for the conservation and use
				of mined land. This administrative regulation establishes requirements for the
				use of explosives by noncoal mineral operations.
Section 1. General.
(1) If blasting is planned for the proposed
			 mineral operation, it shall be conducted in accordance with the laws and
			 administrative regulations of the Kentucky Division of Mines and Minerals, 805
			 KAR Chapter 4.
(2) If flyrock falls
			 outside the permit boundary, or if property damage occurs outside of the permit
			 boundary, as a result of flyrock, then appropriate mitigative measures shall be
			 taken, as determined by the cabinet based upon the nature and scope of the
			 environmental and property damage.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:048 - Protection of environmental resources

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028
				authorizes the Environmental and Public Protection Cabinet to promulgate
				administrative regulations pertaining to noncoal mineral operations to minimize
				their adverse effects on the citizens and the environment of the commonwealth.
				KRS
				350.029 authorizes the cabinet to promulgate
				reasonable administrative regulations to establish effective programs for the
				control of surface soil disturbance in connection with mining as defined by the
				Interstate Mining Compact.
				KRS
				350.240 authorizes the cabinet to promulgate
				reasonable administrative regulations for the reclamation of land disturbed or
				removed in the mining of clay.
				KRS
				350.300 authorizes the cabinet to formulate
				and establish an effective program and standards for the conservation and use
				of mined land. This administrative regulation establishes requirements for the
				protection of fish and wildlife values and other environmental features.
Section 1. Environmental Resources.
(1) A mineral permittee shall, to the extent
			 possible, minimize disturbances and adverse impacts to fish and wildlife and
			 related environmental values.
(2)
			 No mineral operation shall be conducted which will result in the adverse
			 effects to or modification of a wetland without the appropriate permits and
			 approvals.
(3) No mineral operation
			 shall be conducted within the boundaries of the National Park System; the
			 National Wildlife Refuge System; the National System of Trails; the National
			 Wilderness Preservation System; national recreational areas; state nature
			 preserves dedicated pursuant to
			 KRS
			 146.410; or state wildlife management areas;
			 the Wild and Scenic Rivers System, including study rivers designated under
			 section 5(a), of the Wild and Scenic Rivers Act (16
			 U.S.C. Sec. 1276(a)) , or
			 rivers or study river corridors as established in any guidelines pursuant to
			 that Act; rivers and their corridors designated under the state Wild Rivers Act
			 pursuant to KRS Chapter 146; or similar public lands.
(4) No land within 100 feet of an
			 intermittent or perennial stream shall be disturbed by mineral operations,
			 except if appropriate permits or approvals have been obtained.
(5) The cabinet shall prohibit a mineral
			 operation on a natural hazard land if necessary to protect the health, safety,
			 or welfare of people, property, or the environment.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:065 - Premining and postmining land use

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part, requires the cabinet to promulgate administrative regulations
				pertaining to noncoal mineral operations to minimize their adverse effects on
				the citizens and the environment of the Commonwealth. This administrative
				regulation sets forth provisions concerning land use decisions for noncoal
				mineral operations.
Section 1. General.
			 All areas within the permit boundary to be reclaimed shall be restored:
(1) To conditions capable of supporting the
			 uses which those areas supported prior to the mineral operation; or
(2) To conditions capable of supporting a
			 reasonable, alternative land use, as approved by the cabinet under Section (2)
			 of this administrative regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:070 - Revegetation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part, requires the cabinet to promulgate administrative regulations
				pertaining to noncoal mineral operations to minimize their adverse effects on
				the citizens and the environment of the Commonwealth. This administrative
				regulation sets forth provisions for the reestablishment of vegetation on
				noncoal mineral operations.
Section 1.
			 General.
(1) Each mineral permittee shall
			 establish on all lands disturbed during the course of the mineral operation, a
			 condition which will result in a permanent vegetative cover, effective in
			 controlling erosion, and which supports the approved postmining land
			 use.
(2) Plant species for
			 revegetation shall be selected on the basis of:
(a) Their ability to achieve the approved
			 postmining land use;
(b) Their
			 ability to control erosion, both in the short term and in the future, but which
			 will allow for plant succession for areas to be returned to forest land or fish
			 and wildlife habitat;
(c) Their
			 ability to promote soil rebuilding; and
(d) Their benefit to wildlife.
(3) Regraded areas shall be seeded
			 or planted as soon as possible; however, the seeding or planting shall be
			 conducted during the appropriate time of year for the plant materials selected
			 in accordance with accepted agricultural or reforestation practices.
(4) Experimental seeding or stocking of trees
			 or shrubs, not typically used, may be allowed if no more than twenty (20)
			 percent of the permit area is seeded or planted with these species; except
			 that, any species used shall meet the requirements of subsection (1) of this
			 section, shall not be in violation of applicable state and federal introduced
			 species statutes, and are not considered poisonous or noxious.
(5) Roads shall be seeded to legumes and
			 perennial grasses only, unless the cabinet determines that the roadway will not
			 contribute to significant off site damage to the public, the environment, or
			 adjacent property owners if left unreclaimed.
(6) If conditions warrant, the cabinet may
			 allow exceptions to this administrative regulation, if the exceptions are
			 consistent with 405 KAR Chapter 5.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:078 - Contemporaneous reclamation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028
				authorizes the Environmental and Public Protection Cabinet to promulgate
				administrative regulations pertaining to noncoal mineral operations to minimize
				their adverse effects on the citizens and the environment of the commonwealth.
				KRS
				350.029 authorizes the cabinet to promulgate
				reasonable administrative regulations to establish effective programs for the
				control of surface soil disturbance in connection with mining as defined by the
				Interstate Mining Compact.
				KRS
				350.240 authorizes the cabinet to promulgate
				reasonable administrative regulations for the reclamation of land disturbed or
				removed in the mining of clay.
				KRS
				350.300 authorizes the cabinet to formulate
				and establish an effective program and standards for the conservation and use
				of mined land. This administrative regulation establishes performance standards
				for timing of reclamation.
Section 1.
			 Contemporaneous Reclamation.
(1) On lands
			 where the method of mineral operation produces a bench or where the surface
			 mining is done on the contour, grading shall be kept current with the removal
			 of the mineral, which shall mean within ninety (90) days following the mineral
			 removal. Where special conditions warrant, these requirements may be modified
			 by the cabinet.
(2) On lands where
			 the method of mineral operation is of the quarry type that produces a deep pit,
			 the final reclamation of the site shall follow completion of mining within 180
			 days.
(3) On lands where the method
			 of mineral operation is of the underground type, the final reclamation of the
			 site shall follow completion of mining within 180 days.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:082 - Reclamation bond

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028
				authorizes the Environmental and Public Protection Cabinet to promulgate
				administrative regulations pertaining to noncoal mineral operations to minimize
				their adverse effects on the citizens and the environment of the commonwealth.
				KRS
				350.029 authorizes the cabinet to promulgate
				reasonable administrative regulations to establish effective programs for the
				control of surface soil disturbance in connection with mining as defined by the
				Interstate Mining Compact.
				KRS
				350.240 authorizes the cabinet to promulgate
				reasonable administrative regulations for the reclamation of land disturbed or
				removed in the mining of clay.
				KRS
				350.300 authorizes the cabinet to formulate
				and establish an effective program and standards for the conservation and use
				of mined land. This administrative regulation establishes requirements for when
				bond is required, bond amount, type of payment, bond forfeiture, and bond
				forms, for noncoal mineral operations.
Section
			 1. Applicability. A reclamation bond shall be required if the
			 cabinet:
(1) Finds the mineral operation to
			 be temporary; or
(2) Finds that the
			 applicant previously has not had a mineral operation in the Commonwealth of
			 Kentucky with a compliance record acceptable to the cabinet.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:085 - Enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.130,
				350.240,
				350.300,
				350.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations pertaining to noncoal
				mineral operations to minimize their adverse effects on the citizens and the
				environment of the Commonwealth. This administrative regulation establishes
				provisions governing the issuance of the various notices and orders to be
				issued by authorized representatives of the cabinet.
Section 1. General.
(1) The secretary of the cabinet may
			 designate authorized representatives to perform duties pursuant to the
			 administrative regulations contained in 405 KAR Chapter 5.
(2) Unless the secretary has made a written
			 order contrary to the terms of this subsection, personnel authorized by the
			 Commissioner of the Department for Natural Resources shall be the authorized
			 representatives of the cabinet for the purposes of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 7 - General Provisions › Section 405 KAR 7:015 - Documents incorporated by reference

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 350
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to adopt administrative regulations
				pertaining to surface coal mining and reclamation operations under the
				permanent regulatory program. This administrative regulation provides for
				incorporation by reference of documents referred to in these administrative
				regulations and other documents relied on by the cabinet in implementing the
				permanent regulatory program.
Section
			 1. Reclamation Advisory Memoranda. The following Reclamation
			 Advisory Memoranda (RAM) issued by the cabinet are incorporated herein by
			 reference for the purposes of 405 KAR Chapters 7 through 24. Copies may be
			 obtained from the cabinet. If there is a conflict between these documents on a
			 particular item, the document of later date shall prevail.
(1) RAM No. 56, "Overlapping Permits,"
			 December 1, 1982.
(2) RAM No. 73,
			 "Delayed Filing of Performance Bonds on Technically Acceptable Applications for
			 Transitioning Permanent Program Permits," February 6, 1984.
(3) RAM No. 75, "Permanent Program
			 Performance Standards Take Effect March 16, 1984 on Transitioning Operations,"
			 March 12, 1984.
(4) RAM No. 76,
			 "Revision to RAM No. 73: Maximum Period of Bond Deferral Reduced from 5 Years
			 to 3 Years," April 2, 1984.
(5) RAM
			 No. 77, "Reinstatement of Small Operator Assistance," April 2, 1984.
(6) RAM No. 78, "Departmental Policies:
			 Withdrawal and Maintenance of Mining Permit Applications," April 23,
			 1984.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 7 - General Provisions › Section 405 KAR 7:035 - Exemption for coal extraction incidental to the extraction of other minerals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010,
				350.028,
				350.060,
				350.151,
				350.465,
				30 C.F.R. Parts 702, 730-733, 735, 917,
				30 U.S.C. 1253,
				1255,
				1291
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate administrative regulations
				pertaining to surface coal mining and reclamation operations. KRS Chapter 350
				also recognizes exemptions from regulation for certain types of operations.
				This administrative regulation recognizes a regulatory exemption for operations
				in which coal is extracted incidental to the extraction of other minerals. The
				administrative regulation sets forth application requirements and procedures
				for obtaining approval of these exemptions, requirements for public notice and
				disclosure of information concerning the exemption, standards for cabinet
				approval of the exemption, conditions for maintaining the exemption, rights of
				entry and inspection to the site for which the exemption was granted, and
				enforcement procedures and reporting requirements applicable to the
				exemption.
Section 1. Measurement and
			 Reporting Period.
(1) The beginning of the
			 cumulative measurement period shall be:
(a)
			 For mining areas where extraction of coal or other minerals commenced on or
			 after August 3, 1977, the date extraction of coal or other minerals commenced
			 at that mining area; and
(b) For
			 mining areas where coal or other minerals were extracted prior to August 3,
			 1977, the operator shall select and consistently use one (1) of the following,
			 subject to cabinet approval: the date extraction of coal or other minerals
			 commenced at that mining area or August 3, 1977.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 7 - General Provisions › Section 405 KAR 7:040 - General obligations of operators and permittees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 350.050,
				350.057,
				350.060,
				350.410,
				350.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations pertaining to surface coal
				mining and reclamation operations. This administrative regulation sets forth
				the basic requirements and general obligations of operators and permittees.
				This administrative regulation prescribes certain methods of disposal of
				materials and other obligations of operators and permittees.
Section 1. General Requirements for Permits
			 and Exploration Approvals.
(1) Requirement to
			 obtain a permit. A person or operator shall not engage in surface coal mining
			 and reclamation operations without first having obtained from the cabinet a
			 valid permit covering the area of land to be affected.
(2) Requirement to obtain exploration
			 approval. Subject to the provisions of
			 405 KAR 8:020, a
			 person or operator shall not engage in coal exploration operations without
			 first having:
(a) Filed a written notice of
			 intention to explore; or
(b)
			 Obtained written approval from the cabinet.
(3) Requirement to comply with permit or
			 exploration approval. A permittee or person issued a coal exploration approval
			 shall comply with all terms and conditions placed upon the permit or
			 exploration approval by the cabinet and with all plans submitted as part of the
			 application approved by the cabinet.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 7 - General Provisions › Section 405 KAR 7:050 - Coal processing waste disposal sites

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.125,
				151.297,
				224.10-100,
				224.10-410,
				350.020,
				350.090(1),
				350.420
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.020 authorizes the Energy and Environment
				Cabinet to promulgate administrative regulations that are necessary to
				accomplish the purpose of KRS Chapter 350.
				KRS
				151.125 authorizes the cabinet to promulgate
				administrative regulations concerning flood control, water resources,
				requirements for dams or reservoirs, and waste planning and management
				activities.
				KRS
				224.10-410 requires the secretary to
				promulgate administrative regulations concerning the issuance of abate and
				alleviate orders when there is a danger to the health or welfare of the people
				of the Commonwealth or to natural resources. This administrative regulation
				provides for the control of coal processing waste dams, waste impoundments, and
				waste banks in order to prevent loss of life, damage to property, and injurious
				effects on the environment of the Commonwealth due to structural failure of
				these facilities and is necessary because these facilities are not otherwise
				adequately regulated. This administrative regulation provides for submittal of
				engineering reports, performance standards, and remedial measures to correct
				dangerous facilities.
Section 1.
			 Applicability. This administrative regulation shall apply to all coal
			 processing waste disposal sites, such as dams, waste impoundments, or waste
			 banks that were constructed or utilized after August 3, 1977, regardless of
			 whether or not the sites are or have been under permit or bond under KRS
			 Chapter 350.
Section 2. Reports.
(1) Operators or owners of coal processing
			 waste disposal sites shall submit two (2) copies of the following to the
			 cabinet regional office:
(a) All existing
			 information currently available to the operator or owner, including complete
			 design of the facility, stability analyses, and a description of the coal
			 processing waste material at the site that includes moisture content and
			 particle size gradation. This submittal shall also include copies of plans
			 submitted to or approved by the Mine Safety and Health Administration (MSHA).
			 If these plans include all of the information required by this paragraph, then
			 submittal of copies of the plans shall suffice. If information required by this
			 paragraph has already been submitted to the cabinet as a part of a permit
			 application, the operator or owner shall notify the cabinet regional office in
			 writing and shall not resubmit duplicate material.
(b) As-built drawings of the current phase of
			 construction or of the completed facility, as applicable, including a map
			 showing the location of the facility.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 7 - General Provisions › Section 405 KAR 7:070 - Certification of blasters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 350.430,
				351.380
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations to implement the Surface
				Mining Control and Reclamation Act of 1977 ( Pub.L. 95-87 ). Pub.L. 95-87,
				along with federal regulations promulgated pursuant thereto, requires the
				establishment of a blaster training, examination, and certification program.
				This administrative regulation establishes a certification program for blasters
				who are responsible for surface blasting operations incident to surface coal
				mining and reclamation operations and coal exploration operations. The
				administrative regulation contains requirements for the training, examination,
				and certification of blasters; requirements to which blasters must adhere in
				order to maintain their certifications; provisions whereby certified blasters
				may seek renewal of their certifications; and requirements for suspension,
				revocation, and reinstatement of certifications.
Section 1. Blasting Operations to be
			 Conducted Under the Direction of a Certified Blaster.
(1) As used in this administrative
			 regulation, the following terms shall have the indicated meanings:
(a) "Blaster" means a person who is directly
			 responsible for surface blasting operations in surface coal mining and
			 reclamation operations or coal exploration operations.
(b) "Surface blasting operations" means the
			 on-site storage, transportation, and use of explosives in association with coal
			 exploration operations, surface mining activities, and surface disturbances of
			 underground mining activities. The term shall be interpreted broadly and shall
			 encompass activities including, but not limited to, the design of individual
			 blasts, the implementation of blast designs, the initiation of blasts, the
			 monitoring of airblast and ground vibration, and the use of protective measures
			 such as access control and warning and all-clear signals.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 7 - General Provisions › Section 405 KAR 7:080 - Small operator assistance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.465, 30 C.F.R. Parts 730-733, 735, 795,
				917,
				30 U.S.C. 1253,
				1255,
				1257
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations pertaining to surface coal mining and reclamation operations. This
				administrative regulation provides for cabinet assistance to eligible small
				operators, under the federally- funded small operator assistance program. This
				administrative regulation sets forth the scope, objectives, and sources and use
				of funds for the small operator assistance program in Kentucky; establishes
				eligibility criteria; establishes procedures and forms for filing for
				assistance; establishes notification procedures; sets forth the services to be
				provided under the program and the regulatory requirements to be addressed by
				those services; authorizes allocation if available funds are insufficient to
				serve all eligible applicants; establishes minimum standards for qualified
				laboratories; and requires reimbursement of the cabinet in certain
				circumstances.
Section 1. Scope.
(1) This administrative regulation
			 establishes the small operator assistance program (program) authorized at
			 KRS
			 350.465(2)(f).
(2) Consistent with
			 30 USC
			 1257(c) and 30 CFR Part 795
			 , this administrative regulation shall govern the procedures and criteria under
			 which the cabinet shall provide assistance to eligible small operators in
			 meeting the requirements of KRS Chapter 350 and 405 KAR Chapters 7 through
			 24.
(3) This administrative
			 regulation shall be construed to allow the fullest possible extent of services
			 consistent with federal requirements and available funds.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 7 - General Provisions › Section 405 KAR 7:095 - Assessment of civil penalties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.990(1), 30 C.F.R. Parts
				730-733, 735, 845, 917,
				30
				U.S.C. 1268
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.990(1) requires the
				cabinet to promulgate an administrative regulation establishing the method for
				calculating monetary penalties. This administrative regulation establishes how
				and when penalties shall be assessed and includes a point system for
				calculating penalties, rules for assessing continuing violations, and a
				provision allowing waiver of the point system.
Section 1. How Penalty Assessments Shall Be
			 Made. The cabinet shall review each violation, condition, or practice cited in
			 a notice of noncompliance and order for remedial measures or order of cessation
			 and immediate compliance in accordance with the assessment procedures
			 established in
			 400
			 KAR 1:110 and this administrative regulation to
			 determine if a civil penalty shall be assessed, the amount of the penalty, and
			 if each day of a continuing violation will be deemed a separate violation for
			 purposes of the total penalty assessed.
Section
			 2. Conditions for Penalty Assessment.
(1) The cabinet shall assess a penalty for
			 each violation, condition, or practice cited in an order of cessation and
			 immediate compliance.
(2) The
			 cabinet shall assess a penalty for each violation cited in a notice of
			 noncompliance and order for remedial measures, if the violation is assigned
			 thirty-one (31) points or more under the point system established in Section 3
			 of this administrative regulation.
(3) The cabinet may assess a penalty for each
			 violation cited in a notice of noncompliance and order for remedial measures if
			 the violation is assigned thirty (30) points or less under the point system
			 established in Section 3 of this administrative regulation. In determining if a
			 penalty shall be assessed, the cabinet shall consider the factors listed in
			 400
			 KAR 1:110, Section 3(2).
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 7 - General Provisions › Section 405 KAR 7:100 - Notice of citizen suits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations pertaining to surface coal mining and reclamation operations. This
				administrative regulation pertains to suits brought by citizens pursuant to
				KRS
				350.250 and delineates the procedural
				requirements of notice to the cabinet, including notice, service of notice,
				sufficient pleadings, necessary allegations, specific allegations to be
				contained on the notice, and identifying information about the person sending
				the notice.
Section 1. Notice of
			 Citizen Suits.
(1) A person who intends to
			 initiate a civil action on his or her own behalf under
			 KRS
			 350.250 or other statutory provision
			 authorizing such an action shall give notice of intent to do so, in accordance
			 with this administrative regulation.
(2) Notice shall be given by certified mail
			 to the secretary in all cases and to the Attorney General as provided in CR
			 4.04(6).
(3) Notice shall be given
			 by certified mail to the alleged violator, if the complaint alleges a violation
			 of KRS Chapter 350 or any administrative regulation, order, or permit issued
			 under KRS Chapter 350.
(4) Service
			 of notice under this administrative regulation is complete upon mailing to the
			 last known address of the person being notified.
(5) A person giving notice regarding an
			 alleged violation shall state, to the extent known:
(a) Sufficient information to identify the
			 provision of KRS Chapter 350, administrative regulation, order, or permit
			 allegedly violated;
(b) The act or
			 omission alleged to constitute a violation;
(c) The name, address, and telephone number
			 of the person or persons responsible for the alleged violation;
(d) The date, time, and location of the
			 alleged violation;
(e) The name,
			 address, and telephone number of the person giving notice; and
(f) The name, address, and telephone number
			 of legal counsel, if any, of the person giving notice.
(6) A person giving notice of an alleged
			 failure by the secretary to perform a mandatory act or duty under KRS Chapter
			 350 shall state, to the extent known:
(a) The
			 provision of KRS Chapter 350 containing the mandatory act or duty allegedly not
			 performed;
(b) Sufficient
			 information to identify the omission alleged to constitute the failure to
			 perform a mandatory act or duty under KRS Chapter 350;
(c) The name, address, and telephone number
			 of the person giving notice; and
(d) The name, address, and telephone number
			 of legal counsel, if any, of the person giving notice.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 8 - Permits › Section 405 KAR 8:020 - Coal exploration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.057,
				350.610,
				30 C.F.R. Parts 730-733, 735, 772, 917,
				30 U.S.C. 1253,
				1255,
				1262
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations pertaining to coal exploration operations. This administrative
				regulation specifies when notice to the cabinet is required and when prior
				written approval is needed from the cabinet for coal exploration operations.
				This administrative regulation further specifies the application process,
				information requirements, and hearing and compliance requirements.
Section 1. Exploration in an Area Not
			 Designated Unsuitable for Mining and Removing Twenty-five (25) Tons or Less of
			 Coal.
(1) Any person who intends to conduct
			 coal exploration during which twenty-five (25) tons or less of coal will be
			 removed and which will not take place in an area designated unsuitable for
			 mining pursuant to 405 KAR Chapter 24 shall, at least twenty-one (21) days
			 prior to conducting the exploration, file with the cabinet a written notice of
			 intention to explore.
(2) The
			 notice shall include:
(a) The name, address,
			 and telephone number of the person seeking to explore;
(b) The name, address, and telephone number
			 of the representative who will be present at and responsible for conducting the
			 exploration activities;
(c) A
			 precise narrative description of the exploration area, or a map at a scale of
			 1:24,000 or greater, describing or showing the proposed area of exploration
			 (including latitude, longitude, nearest community, and USGS quadrangle),
			 existing and proposed roads, occupied dwellings, topographic features, bodies
			 of surface water, pipelines, and the general location of drill holes and
			 trenches;
(d) A statement of the
			 period of intended exploration;
(e)
			 The names and addresses of the owner of record of the surface land and of the
			 subsurface mineral estate of the area to be explored; and
(f) A description of the method of
			 exploration to be used and the practices that will be followed to protect the
			 environment and to reclaim the area from adverse impacts of the exploration
			 activities in accordance with the applicable requirements of
			 405 KAR
			 20:010.
(3) The cabinet shall, in accordance with
			 Section 3 of this administrative regulation, place the notices on public file
			 and make them available for public inspection and copying at the appropriate
			 regional office of the cabinet.
(4)
			 Any person who conducts coal exploration activities pursuant to this section
			 which substantially disturb the natural land surface shall comply with
			 405 KAR
			 20:010.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 8 - Permits › Section 405 KAR 8:030 - Surface coal mining permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.060,
				350.465,
				7 C.F.R. Part 657,
				30
				C.F.R. Parts 77.216-1,
				77.216-2,
				730-733, 735,
				773.13(a),
				778-780,
				785.17(b),
				(d), 917, 40 C.F.R. Parts 136, 434,
				16
				U.S.C. 1276(a),
				1531
				-
				1544,
				30 U.S.C. 1253,
				1255,
				1257,
				1258,
				1267
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1),
				(5),
				350.060(13),
				and
				350.465(2)
				authorize the cabinet to promulgate administrative regulations relating to
				surface and underground coal mining operations. This administrative regulation
				establishes requirements for granting a surface coal mining permit. This
				administrative regulation differs from
				30
				C.F.R. 780.25. Section 34(3) and (5) of this
				administrative regulation require that the permit applicant submit to the
				cabinet after approval by the Mine Safety and Health Administration (MSHA),
				a:
(1) Copy of the final approved
			 design plans for impounding structures;
(2) Copy of all correspondence with
			 MSHA;
(3) Copy of technical support
			 documents requested by MSHA; and
(4)
			 Notarized statement by the applicant that the copy submitted to the cabinet is
			 a complete and correct copy of the final plan approved by MSHA.
Section 1. General.
(1) This administrative regulation applies to
			 any person who applies for a permit to conduct surface mining
			 activities.
(2) The requirements
			 established in this administrative regulation specifically for applications for
			 permits to conduct surface mining activities are in addition to the
			 requirements applicable to all applications for permits to conduct surface coal
			 mining and reclamation operations as established in
			 405 KAR
			 8:010.
(3)
			 This administrative regulation establishes information required to be contained
			 in each application for a permit to conduct surface mining activities,
			 including:
(a) Legal, financial, compliance,
			 and related information;
(b)
			 Environmental resources information; and
(c) Mining and reclamation plan
			 information.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 8 - Permits › Section 405 KAR 8:050 - Permits for special categories of mining

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.093,
				350.445,
				350.450,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations pertaining to permits for
				surface coal mining and reclamation operations, including certain special
				categories of mining. This administrative regulation establishes permit
				application requirements for special mining categories, including mining on
				prime farmland, augering, in situ processes, off-site coal preparation plants,
				mountaintop removal mining, and mining on steep slopes. This administrative
				regulation establishes the only variance from the requirement to return to
				approximate original contour in steep slopes. This administrative regulation
				establishes the manner in which the contemporaneous reclamation requirements
				can be met for combined surface and underground mining activities.
Section 1. In Situ Processing Activities.
(1) Applicability. This section applies to
			 any person who conducts or intends to conduct surface coal mining and
			 reclamation operations utilizing in situ processing activities.
(2) Application requirements. Any application
			 for a permit for operations covered by this section shall be made according to
			 all requirements of this chapter applicable to underground mining activities.
			 In addition, the mining and reclamation operations plan for operation involving
			 in situ processing activities shall contain information establishing how those
			 operations will be conducted in compliance with the requirements of
			 405 KAR
			 20:080, including:
(a) Delineation of proposed holes and wells
			 and production zone for approval of the cabinet;
(b) Specifications of drill holes and casing
			 proposed to be used;
(c) A plan for
			 treatment, confinement, or disposal of all acid-forming, toxic-forming, or
			 radioactive gases, solids, or liquids constituting a fire, health, safety or
			 environmental hazard caused by the mining and recovery process; and
(d) Plans for monitoring surface and
			 groundwater and air quality, as required by the cabinet.
(3) Criteria for approval. A permit shall not
			 be issued for operations covered by this section unless the cabinet first
			 finds, in writing, upon the basis of a complete application made in accordance
			 with subsection (2) of this section, that the operation will be conducted in
			 compliance with all requirements of this chapter relating to underground mining
			 activities, and
			 405 KAR 20:080
			 and 405 KAR Chapter 18.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 10 - Bond and Insurance Requirements › Section 405 KAR 10:025 - Extension of performance bond subsidization

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.060,
				350.062,
				350.064,
				350.093,
				350.095,
				350.100,
				350.110,
				350.151,
				350.465,
				350.500
				- 350.521
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 authorizes
				the cabinet to promulgate administrative regulations to ensure bonds are
				adequate to perform reclamation in the event of forfeiture. This administrative
				regulation establishes information related to the operation of the Kentucky
				Reclamation Guaranty Fund.
Section 1.
			 Applicability. This administrative regulation shall apply only to an entity
			 seeking to obtain by transfer the permit of a current member of the KRGF who
			 was a member of the former Kentucky Voluntary Bond Pool.
Section 2. Performance Bond Subsidization.
(1) Performance bond subsidization shall be
			 extended to an applicant who was not a member of the former voluntary bond pool
			 fund prior to its dissolution if the:
(a)
			 Applicant intends to obtain its permit by transfer from a member of the former
			 Kentucky Voluntary Bond Pool;
(b)
			 Permit to which the applicant intends to succeed meets one (1) or more of the
			 criteria for the cabinet to seek bond forfeiture under
			 405 KAR 10:050,
			 Section 3;
(c) Applicant meets the
			 requirements of this administrative regulation; and
(d) Commission determines it is in the best
			 interest of the KRGF pursuant to
			 KRS
			 350.509(1).
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 10 - Bond and Insurance Requirements › Section 405 KAR 10:030 - General requirements for liability insurance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.060,
				350.064,
				350.100,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to specify types, terms, and conditions for liability insurance for
				surface coal mining operations. This administrative regulation specifies the
				terms and conditions of liability insurance for surface coal mining
				operations.
Section 1. Requirement to
			 File a Certificate of Liability Insurance. Each applicant for a permit shall
			 submit to the cabinet, as part of the permit application, a certificate issued
			 by an insurance company authorized to do business in Kentucky. The amount,
			 duration, form, conditions, and terms of this insurance shall comply with
			 Section 2 of this administrative regulation.
Section 2. Terms and Conditions for Liability
			 Insurance.
(1) The applicant shall submit, as
			 a part of the permit application upon bond submission, a certificate issued by
			 an insurance company authorized to do business in Kentucky certifying that the
			 applicant has a public liability insurance policy in force for the surface coal
			 mining and reclamation operation for which the permit is sought.
(a) The certification shall be on Certificate
			 of Liability Insurance, Form SME-29.
(b) The policy shall provide for personal
			 injury and property damage protection in an amount adequate to compensate for
			 all personal injury and property damage resulting from surface coal mining and
			 reclamation operations, including damage caused by the use of explosives and
			 damage to water wells.
(c) Minimum
			 insurance coverage for bodily injury and property damage shall be $300,000 for
			 each occurrence and $500,000 aggregate.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 10 - Bond and Insurance Requirements › Section 405 KAR 10:035 - Procedures, criteria and hearing requirements for cancellation of surety bonds after notice of noncompliance issued for failure to maintain contemporaneous reclamation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.060,
				350.062,
				350.064,
				350.068,
				350.151,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part provides authority for the cabinet to approve the cancellation
				of surety bonds upon notice by the surety when a notice of noncompliance is
				issued for failure to maintain contemporaneous reclamation. This administrative
				regulation specifies the procedures and criteria for surety bond cancellation.
				This administrative regulation also sets forth certain notice and hearing
				requirements relating to surety bond cancellation.
Section 1. Procedures for Request for and
			 Notice of Surety Bond Cancellation.
(1) Notice
			 of intent to cancel.
(a) After the issuance,
			 on or after July 13, 1984, of a notice of noncompliance for failure to maintain
			 contemporaneous reclamation, the surety obligated on the performance bond for
			 the permit or any increment thereof may send notice to the insured and to the
			 department, of its intent to request cancellation of bond coverage on any area
			 disturbed after thirty (30) days from the effective date of the surety's notice
			 of intent to cancel, if the violation is not abated.
(b) The notice of intent to cancel shall be
			 sent by certified mail, return receipt requested, to the insured, and a copy to
			 the Director of the Division of Field Services, of the department. The
			 effective date of the notice of intent to cancel shall be the date on which it
			 is received by the insured or seven (7) days after mailing of the notice by
			 certified mail, return receipt requested, to the address contained on the
			 permit application and any other address known to the insurer, whichever occurs
			 first.
(c) The notice of intent to
			 cancel shall be signed by an officer, director, or attorney-in-fact of the
			 surety company and contain at a minimum the following:
1. Name of permittee;
2. Permit number and increment number, if
			 applicable;
3. Name of
			 surety;
4. Bond number and
			 amount;
5. Date of issuance of
			 notice of noncompliance and noncompliance number;
6. Date of notice of intent to cancel;
			 and
7. A copy of a
			 power-of-attorney, if applicable.