reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:150 - Oil shale records open to public inspection; confidential nature of certain data

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.870-61.884,
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Natural Resources and
				Environmental Protection Cabinet to develop administrative regulations for oil
				shale operations to minimize and prevent their adverse effects on the citizens
				and the environment of the Commonwealth. This administrative regulation sets
				forth records open to public inspection and methods for determining the
				confidential nature of certain data.
Section
			 1. Designation of Records. Any record or other information
			 furnished to or obtained by the cabinet relating to the prospecting,
			 exploration, testing, development, mining, processing and reclamation of oil
			 shale operations shall be open to reasonable public inspection except for any
			 record or information which constitutes a trade secret or confidential business
			 information and is designated as such by the cabinet upon a satisfactory
			 showing by the owner of such record.
Section
			 2. Access to Public Records.
(1)
			 Upon written application to the cabinet, any person may, after adequately
			 identifying the records, inspect and make abstracts and memoranda of the
			 contents of any public record except those designated to be a trade secret or
			 confidential business information. Copies of the proper written material shall
			 be furnished to any person requesting them upon payment of a fee; copies of
			 photographs, maps and other nonwritten material and records stored in the
			 computer files or libraries if not of a confidential nature or a trade secret
			 shall be furnished to any person requesting them upon payment of a fee equal to
			 the actual cost to the cabinet of producing the copies. The fee shall be
			 collected before the copies are handed or sent to the person requesting
			 them.
(2) The inspection of public
			 records of the cabinet shall in all cases be made in the presence of an
			 employee of the cabinet on cabinet premises during the usual office
			 hours.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:170 - Citizen demands for enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.091,
				350.250,
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation pertains to
				demands by citizens upon the cabinet to enforce the statutes and administrative
				regulations pertaining to oil shale operations which it is the cabinet's duty
				to enforce. This administrative regulation also delineates the procedural
				requirements of such demands.
Section
			 1. Citizen Demands for Enforcement. Any citizen of this
			 Commonwealth having knowledge that any of the statutes and administrative
			 regulations pertaining to oil shale operations which it is the cabinet's duty
			 to enforce may bring such failure to enforce to the attention of the department
			 according to the provisions of this administrative regulation.
Section 2. Procedure.
(1) All demands to enforce the law must be in
			 writing, under oath, with facts set forth specifically stating the nature of
			 the failure to enforce the law with sufficient information to identify the
			 statutory provision, administrative regulation, order, or permit condition
			 allegedly violated and the act or omission alleged to constitute a
			 violation.
(2) The demand shall
			 state the name, address and telephone number of the person making the
			 demand.
(3) The demand shall state
			 the name, address and telephone number of legal counsel, if any, of the person
			 making the demand.
(4) The knowing
			 statement of false facts and charges in such affidavit shall constitute perjury
			 and shall subject the affiant to penalties under the law of perjury.
(5) The cabinet shall investigate the
			 allegations made in the demand and respond, in writing, to the person making
			 such demand. The response shall specifically state the results of the
			 investigation and the action, if any, the cabinet has taken or intends to
			 take.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:210 - Signs and markers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				requirements relating to the use of signs and markers at oil shale extraction
				and processing operations.
Section 1.
			 General. All signs required to be posted shall be of a standard design that can
			 be seen and read easily and shall be made of a durable material. Signs and
			 other markers shall be maintained by the permittee during all operations to
			 which they pertain and shall be kept legible and visible and shall conform to
			 all local ordinances and codes. The cabinet may establish standards for
			 construction of signs and markers as necessary to accomplish the purposes of
			 this administrative regulation.
Section
			 2. Mine and Permit Identification Signs.
(1) Signs identifying the mine area shall be
			 displayed at all points of access to the permit area from public roads and
			 highways. Signs shall clearly identify the name, business address, and
			 telephone number of the permittee and identification numbers of current oil
			 shale operation permits or other authorizations to operate. Such signs shall
			 not be removed until after release of all bonds. Failure to post such signs
			 shall be grounds for revocation of the permit.
(2) Signs constructed pursuant to this
			 section shall be constructed of a 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 30 - Oil Shale Operations › Section 405 KAR 30:220 - Postmining land use

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				requirements for restoring land use capability after completion of mining
				activities, and specific criteria for approval of postmining land uses which
				differ from the premining land use.
Section
			 1. General. Prior to the final release of performance bond
			 liability for affected areas, the areas shall be restored in a timely manner:
(1) To conditions capable of supporting the
			 uses which the areas were capable of supporting before any mining; or
(2) To conditions capable of supporting
			 higher or better alternative uses of which there is reasonable likelihood, as
			 approved by the cabinet under Section 5 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:230 - Air resources protection

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				requirements for the control and monitoring of air pollution from oil shale
				operations, with specific measures for the control of fugitive dust.
Section 1. Fugitive Dust Control. Each
			 permittee shall plan and employ fugitive dust control measures as an integral
			 part of an oil shale operation.
Section
			 2. Control Measures During Mining and Reclamation Operations. The
			 fugitive dust control measures to be used shall include, as necessary, but not
			 limited to:
(1) Periodic watering of unpaved
			 roads;
(2) Chemical stabilization
			 of unpaved roads with proper application of nontoxic soil cement or dust
			 palliatives;
(3) Paving of
			 roads;
(4) Prompt removal of
			 necessary dust-forming debris from roads and frequent scraping and compaction
			 of unpaved roads to stabilize the road surface;
(5) Revegetating, mulching, or otherwise
			 stabilizing the surface of all areas adjoining roads that are sources of
			 fugitive dust;
(6) Restricting the
			 travel of vehicles on other than established roads;
(7) Minimizing the area of disturbed
			 land;
(8) Prompt revegetation or
			 other stabilization of disturbed lands including disposal sites; and
(9) Planting of special windbreak vegetation
			 at critical points in the permit area.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:250 - Use of explosives

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				the requirements relating to the use of explosives.
Section 1. General.
(1) The permittee shall comply with all
			 applicable local, state and federal laws and regulations and the requirements
			 of this administrative regulation in the storage, handling, preparation, and
			 use of explosives.
(2) Blasting
			 operations that use more than the equivalent of five (5) pounds of TNT shall be
			 conducted according to a time schedule approved by the cabinet.
(3) All blasting operations shall be
			 conducted by experienced, trained, and competent persons who understand the
			 hazards involved. Persons working with explosive materials shall:
(a) Have demonstrated a knowledge of, and a
			 willingness to comply with, safety and security requirements;
(b) Be capable of using mature judgment in
			 all situations;
(c) Be in good
			 physical condition and not addicted to intoxicants, narcotics, or other similar
			 types of drugs;
(d) Possess current
			 knowledge of the local, state, and federal laws and regulations applicable to
			 the work; and
(e) Have obtained a
			 certificate of completion of training and qualifications as required by
			 KRS
			 351.315.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:260 - Access roads, haul roads, overland conveyor systems, pipelines, and other transport facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				the requirements for design, construction, maintenance and reclamation of
				access roads, haul roads, overland conveyor systems, pipelines, and other
				transport facilities.
Section 1.
			 General.
(1) Access, haul roads and
			 associated bridges, culverts, ditches, and road rights-of-way shall be
			 constructed, maintained, and reclaimed to prevent additional contributions of
			 suspended solids to stream flow or to run off outside the permit area to the
			 extent possible, using the best technology currently available. In no event
			 shall the contributions be in excess of requirements set by state or federal
			 law.
(2) The effluent limitations
			 of
			 405
			 KAR 30:320 shall not apply to drainage from access and
			 haul roads located outside the disturbed area, as defined in
			 405
			 KAR 30:320, unless otherwise specified by the
			 cabinet.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:280 - Prime farmland

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				environment of the Commonwealth. This administrative regulation specifies
				definition, determination and special requirements for the removal, stockpiling
				and replacement of soil, and revegetation of prime farmland to assure its
				productivity for the production of food and fiber.
Section 1. Prime Farmland Definition. The
			 criteria used by the United States Department of Agriculture, Soil Conservation
			 Service for identification of prime farmland published in the Federal Register
			 on August 23, 1977, is the basis of the definition for prime farmland to be
			 used in these administrative regulations. The definition is based on soil
			 characteristics and the terms used are defined in United States Department of
			 Agriculture publications: Soil Taxonomy Agricultural Handbook 436; Soil Survey
			 Manual, Agricultural Handbook 18; Rainfall-Erosion Losses from Cropland,
			 Agricultural Handbook 282.
Section
			 2. Prime Farmland Determination. The applicant shall before making
			 a permit application investigate the proposed permit area to determine whether
			 lands within the area may be prime farmland.
(1) Land shall not be considered prime
			 farmland where the applicant can demonstrate one (1) of the following:
(a) The slope of the land is ten (10) percent
			 or greater;
(b) Other relevant
			 factors exist, which would preclude the soils from being defined as prime
			 farmland according to 7 C.F.R. 657, such as a very rocky surface, or the land
			 is flooded during the growing season more often than once in two (2) years, and
			 the flooding has reduced crop yields; or
(c) On the basis of a soil survey of lands
			 within the permit area, there are no soil map units that have been designated
			 prime farmland by the U.S. Soil Conservation Service.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:300 - Protection of the hydrologic system

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				requirements for minimizing disturbances to the hydrologic system.
Section 1. General.
(1) Surface, underground, and in situ oil
			 shale operations shall be planned and conducted in such manner as to minimize
			 disturbance to the prevailing hydrologic balance in order to prevent long-term
			 adverse changes in the hydrologic balance that could result from such
			 operations, both on and off site.
(2) Changes in water quality and quantity, in
			 the depth to groundwater, and in the location of surface water drainage
			 channels shall be minimized such that the postmining land use of the disturbed
			 land is not adversely affected and applicable federal and state statutes and
			 regulations are not violated.
(3)
			 Operations shall be conducted so as to minimize water pollution and shall,
			 where necessary, use treatment methods to control water pollution. The
			 permittee shall emphasize practices which will prevent or minimize water
			 pollution and changes in flows in preference to the use of water treatment
			 facilities. Such practices include, but are not limited to, stabilizing
			 disturbed areas through grading, diverting run-off, achieving quick growth
			 stands of temporary vegetation, lining drainage channels with rock or
			 vegetation, mulching, sealing acid-forming and toxic-forming materials and
			 selectively placing waste materials in backfill and disposal areas. If
			 pollution can be controlled only by treatment, necessary water treatment
			 facilities shall be constructed, operated, and maintained by the permittee for
			 as long as treatment is required.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:320 - Water quality standards, effluent limitations, and monitoring

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				water quality standards and monitoring requirements.
Section 1. Water Quality Standards.
(1) For the purpose of this administrative
			 regulation, disturbed area shall not include those areas in which only
			 diversion ditches or roads are installed and the upstream area is not otherwise
			 disturbed by the oil shale operations. All sedimentation ponds required shall
			 be constructed in accordance with this chapter and in appropriate locations
			 prior to any mining in the affected drainage area in order to control
			 sedimentation or otherwise treat water. Sedimentation ponds shall be certified
			 by a qualified registered engineer as having been constructed as designed and
			 as approved by the cabinet.
(2) The
			 discharges from areas disturbed by oil shale operations must meet all
			 applicable federal and state laws and administrative regulations and at a
			 minimum in the numerical limitations in Appendix A of this administrative
			 regulation. As sufficient data becomes available, the cabinet may establish
			 effluent limitations for other parameters.
(3) The permittee shall install, operate, and
			 maintain adequate facilities to treat any water discharged from the disturbed
			 area that violates applicable federal or state laws or administrative
			 regulations or the effluent limitations listed in Appendix A of this
			 administrative regulation.
(4) If
			 the pH of waters discharged from the disturbed area is normally less than six
			 (6.0) an automatic line feeder or other neutralization process approved by the
			 cabinet shall be installed, operated, and maintained. If the cabinet finds that
			 small and infrequent treatments are required to meet effluent limitations and
			 do not necessitate use of an automatic neutralization process, the cabinet may
			 approve the use of a manual system if the cabinet finds that consistent and
			 timely treatment can be assured by the permittee.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:330 - Sediment control measures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.250,
				350.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS 380.600 requires the
				Environmental and Public Protection Cabinet to develop administrative
				regulations for oil shale operations to minimize and prevent their adverse
				effects on the citizens and the environment of the Commonwealth. This
				administrative regulation sets forth requirements for sediment control
				measures.
Section 1. Sediment Control
			 Required. Appropriate sediment control measures shall be designed, constructed,
			 and maintained to prevent additional contributions of sediment to stream flow
			 or to run off outside the permit area using the best technology currently
			 available. In no event shall contributions be in excess of requirements set by
			 applicable state or federal law.
(1) Sediment
			 control measures include practices carried out within and adjacent to the
			 disturbed area. For the purpose of this administrative regulation, disturbed
			 area shall not include those areas in which only diversion ditches,
			 sedimentation ponds, or roads are installed and the upstream area is not
			 otherwise disturbed by the mining operation. The scale of downstream practices
			 shall reflect the degree to which successful techniques are applied at the
			 sources of the sediment. Sediment control measures consist of the utilization
			 of proper mining, reclamation methods, and sediment control practices (singly
			 or in combination) including but not limited to:
(a) Disturbing the smallest practicable area
			 for good site management during the mining operation through progressive
			 backfilling and grading, and timely revegetation;
(b) Consistent with the requirements of this
			 chapter, shaping the backfill material to promote a reduction of the rate and
			 of run-off;
(c) Retention of
			 sediment within the pit and disturbed area;
(d) Diversion of overland and channelized
			 flow from undisturbed areas around or in protected crossings through the
			 disturbed area;
(e) Utilization of
			 straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout
			 ponds, and other measures that reduce overland flow velocity, reduce run-off
			 volume, or entrap sediment; and
(f)
			 Sedimentation ponds.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:340 - Leachate control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				requirements for leachate control.
Section
			 1. General. The permittee shall, using the best technology
			 currently available, control the quantity and quality of leachate produced at
			 an oil shale operation.
Section 2.
			 Preventive Measures. The permittee shall control the quantity of leachate by
			 limiting the exposure of leachate producing materials to contact with water
			 utilizing, but not limited to, the following practices:
(1) Constructing diversion structures around
			 sources of leachate. Such structures shall meet the provisions of
			 405 KAR
			 30:310, Section 1(2).
(2) Placing such materials on impermeable
			 surfaces;
(3) Minimizing exposure
			 to precipitation;
(4) Protecting
			 disposal areas from water by placing impermeable boundaries around
			 leachate-producing materials; and
(5) Construction of leachate containment
			 structures.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:350 - Permanent impoundments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.100,
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				environment of the Commonwealth. This administrative regulation sets forth
				requirements for permanent water impoundments.
Section 1. General.
(1) Permanent impoundments are prohibited
			 unless authorized by the cabinet, upon the basis of the following
			 demonstration:
(a) The quality of the
			 impounded water shall be suitable on a permanent basis for its intended use,
			 and discharge of water from the impoundment shall not degrade the quality of
			 receiving waters to less than the water quality standards established pursuant
			 to applicable state and federal laws.
(b) The level of water shall be sufficiently
			 stable to support the intended use.
(c) Adequate safety and access to the
			 impounded water shall be provided for proposed water users.
(d) Water impoundments shall not result in
			 the diminution of the quality or quantity of water used by adjacent or
			 surrounding landowners for agricultural, industrial, recreational, or domestic
			 uses.
(e) The design, construction,
			 and maintenance of dams or hazardous structures shall achieve the minimum
			 design requirements as set forth in
			 401 KAR
			 4:030,
			 401 KAR
			 4:040 and Division of Water Engineering Memorandum No.
			 5 entitled, "Design Criteria for Dams and Associated Structures." Structures
			 not meeting the size criteria of a dam as defined in
			 KRS
			 151.100(13) shall be
			 designed, constructed and maintained in accordance with the criteria set forth
			 in the United States Soil Conservation Service, Kentucky Standard and
			 Specification for Pond (378) as a minimum.
(f) The size of the impoundment is adequate
			 for its intended purposes.
(g) The
			 impoundment will be suitable for its intended purposes.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:360 - Waste management provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				the requirements for the handling and disposal of wastes other than excess
				spoil and spent shale.
Section 1.
			 General Requirements.
(1) Mining waste not
			 disposed in the mine workings shall be transported and placed in designated
			 disposal areas within the permit area in a manner approved by the cabinet. The
			 mining waste shall be placed in a controlled manner to ensure:
(a) That leachate and surface run-off from
			 the disposal site will not degrade surface or ground-water or exceed the
			 effluent limitations as specified in
			 405
			 KAR 30:320;
(b) That the area designated as the disposal
			 site is suitable for reclamation and revegetation compatible with the natural
			 surroundings; and
(c) That the
			 waste is compacted and covered to prevent combustion and becoming
			 wind-borne.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:370 - Disposal of excess spoil materials and spent shale

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				specific requirements for the location of areas used for the disposal of excess
				spoil materials and spent shale and the design, construction, and inspection of
				fill structures composed of such materials.
Section
			 1. General Requirements.
(1)
			 Spoil and spent shale not disposed of in the mine workings shall be transported
			 and placed in designated disposal areas within a permit area in a manner
			 approved by the cabinet. The spoil and spent shale shall be placed in a
			 controlled manner to ensure:
(a) That
			 leachate and surface run-off from the fill will not degrade surface or
			 groundwaters or exceed the effluent limitations of
			 405
			 KAR 30:320;
(b) Stability of the fill; and
(c) That the land mass designated as the
			 disposal area is suitable for reclamation and revegetation compatible with the
			 natural surroundings.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:400 - Revegetation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				requirements for revegetation of areas affected by oil shale operations,
				including requirements for temporary and permanent vegetative cover, use of
				introduced species, timing of revegetation, mulching and other soil stabilizing
				practices, standards for measuring revegetation success, and reporting
				requirements.
Section 1. General
			 Requirements.
(1) Each permittee shall
			 establish on all affected land a diverse, effective, and permanent vegetative
			 cover of the same seasonal variety native to the region or species that
			 supports the approved postmining land use. For areas designated as prime
			 farmland, the requirements of
			 405 KAR 30:280
			 shall apply.
(2) All revegetation
			 shall be in compliance with the plans submitted under
			 405 KAR
			 30:130, as approved by the cabinet, and carried out in
			 a manner that encourages a prompt vegetative cover and recovery of productivity
			 levels compatible with the approved postmining land use.
(a) All disturbed land, except water areas
			 and surface areas of roads that are approved as a part of the postmining land
			 use, and other small incidental areas related to the fulfillment of the
			 postmining land use plan subject to approval by the cabinet, shall be seeded or
			 planted to achieve a permanent vegetative cover of the same seasonal variety
			 native to the region.
(b) The
			 vegetative cover shall be capable of stabilizing the soil surface from
			 erosion.
(c) Vegetative cover shall
			 be considered of the same seasonal variety when it consists of a mixture of
			 species of equal or superior utility for the approved postmining land use, when
			 compared with the utility of naturally occurring vegetation during each season
			 of the year.
(d) If both the
			 premining and postmining land uses are cropland, successful establishment of
			 the crops normally grown will meet the requirements of paragraphs (a), (b) and
			 (c) of this subsection.
(e) Subject
			 to the approval of the cabinet, small incidental areas related to the
			 fulfillment of the postmining land use may be exempted from the revegetation
			 standards where no adverse environmental impact will occur if the exemption is
			 granted.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:410 - In situ operations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				environment of the Commonwealth. This administrative regulation sets forth
				certain requirements for in situ operations.
Section
			 1.
(1) In situ operations shall
			 be planned and conducted in a manner which minimizes disturbances to the
			 prevailing hydrologic balance by:
(a) Avoiding
			 discharge of fluids into holes or wells, other than those approved by the
			 cabinet;
(b) Injecting process
			 recovery fluids only into geologic zones or intervals approved by the
			 cabinet;
(c) Avoiding annular
			 injection between the wall of the drill hole and the casing;
(d) Preventing discharge of process fluid
			 into surface waters; and
(e)
			 Preventing radioactive gases or other hazardous gases from escaping into
			 adjacent geologic zones.
Kentucky Administrative Regulations › Title 416 - SOIL AND WATER CONSERVATION COMMISSION › Chapter 1 - Administration › Section 416 KAR 1:010 - Administration of Kentucky Soil Erosion and Water Quality Cost-share Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.805 - 61.850, 146.080 - 146.115, 224.71-100
				- 224.71-140, 262.010 - 262.660
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.110 and 146.115
				authorize the Soil and Water Conservation Commission to promulgate
				administrative regulations governing administration of the Kentucky Soil
				Erosion and Water Quality Cost-share Fund, which provides cost-share assistance
				to persons engaged in agricultural and silvicultural production for
				implementation of best management practices for purposes, such as providing
				cleaner water through the reduction in the loading of sediment, nutrients, and
				pesticides in Kentucky streams, rivers, and lakes, reducing the loss of topsoil
				vital to the sustained production of food and fiber and preventing surface
				water and groundwater pollution. This administrative regulation establishes
				criteria for participation in that cost-share program.
Section 1. Eligibility of Persons.
(1) Eligible persons. A person conducting
			 agricultural or silvicultural production shall be eligible to receive
			 cost-share assistance for best management practices if the person:
(a) Has prepared an agriculture water quality
			 plan; and
(b) Agrees to perform and
			 to maintain best management practices for the period of time established for
			 each practice in accordance with the Kentucky Soil Erosion and Water Quality
			 Cost-share Handbook.
Kentucky Administrative Regulations › Title 416 - SOIL AND WATER CONSERVATION COMMISSION › Chapter 1 - Administration › Section 416 KAR 1:020 - Equipment Revolving Loan Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A, 56, 61.805 - 61.850, 262.610 -
				262.650, 262.660, 355.9-525, Chapter 424
NECESSITY, FUNCTION, AND CONFORMITY: KRS 262.660(1) authorizes
				the Soil and Water Conservation Commission to promulgate administrative
				regulations governing the administration of the Equipment Revolving Loan Fund
				as expressed in KRS 262.610 through 262.650. This administrative regulation
				establishes the requirements and procedures for participation in the Equipment
				Revolving Loan Program.
Section 1.
			 Applicability.
(1) The provisions of this
			 administrative regulation shall apply to persons and conservation districts
			 applying for Equipment Revolving Loan Program funding for heavy or specialized
			 equipment and infrastructure.
(2)
			 The Equipment Revolving Loan Program shall be limited to the:
(a) Purchase cost of heavy or specialized
			 equipment used for conserving soil resources, prevention and control of soil
			 erosion, and conservation and protection of water resources related to those
			 purposes; and
(b) Purchase or lease
			 costs for infrastructure, including costs of improvements to infrastructure, if
			 sought by a conservation district.
(3) The Equipment Revolving Loan Program
			 shall not be used to reimburse for previous purchases of equipment or
			 infrastructure.
(4) Equipment
			 purchased using funds from the Equipment Revolving Loan Program shall not be
			 used for:
(a) Activities that do not comply
			 with subsection (2)(a) of this section; or
(b) Clear cutting operations or strip mining
			 activities.
Kentucky Administrative Regulations › Title 418 - KENTUCKY HERITAGE LAND CONSERVATION FUND BOARD › Chapter 1 - General Administrative Procedures › Section 418 KAR 1:020 - Administrative procedures of the board

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.805-61.850, 61.870-61.884,
				146.550-146.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2)
				requires the board to promulgate administrative regulations necessary for the
				application for funds from agencies identified in KRS 146.570, review and
				approval of projects and grants, and acquisition of land. This administrative
				regulation establishes procedures for the application for funds from agencies
				as established in KRS 146.570, for review and approval of projects and grants,
				and for acquisiton of land.
Section 1.
			 Meetings.
(1) Regular meetings. The board
			 shall meet quarterly at times and places designated by the chair. The board
			 shall provide for a yearly schedule of regular meetings pursuant to KRS 61.820.
(2) Special meetings.
(a) If a regular meeting is rescheduled, the
			 board shall provide written notice of the rescheduled meeting pursuant to KRS 61.823(3) through (4).
(b) The
			 chair or a majority of the members of the board may call a special meeting. The
			 board shall provide written notice of a special meeting pursuant to KRS 61.823(3) through (4), unless the meeting is an emergency meeting, in which
			 case the board shall comply with the notice requirements of KRS 61.823(5).
(3) Closed
			 sessions. Deliberations on the future acquisition of land may be closed to the
			 public if publicity would be likely to affect the value of the land. Sessions
			 may also be closed to the public for any other reason permitted by KRS 61.810.
			 The board shall meet the requirements for closed sessions established in KRS 61.815.
Kentucky Administrative Regulations › Title 418 - KENTUCKY HERITAGE LAND CONSERVATION FUND BOARD › Chapter 1 - General Administrative Procedures › Section 418 KAR 1:040 - Grant applications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.550-146.570,
				382.800-382.860
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2)
				requires the board to promulgate administrative regulations necessary for the
				application for funds from agencies identified in KRS 146.570, review and
				approval of projects and grants, and acquisition of land. This administrative
				regulation establishes the procedures for review and approval of grants funded
				to state agencies, local governments, and state colleges and universities
				pursuant to KRS 146.570(4)(a)-(f).
Section
			 1. Application.
(1) A state
			 agency, local government, state college or university, or LTO seeking a grant
			 pursuant to KRS 146.570(4)(f) shall submit to the board a completed grant
			 application package.
(2) The
			 application package shall include:
(a) A cover
			 letter;
(b) The Kentucky Heritage
			 Land Conservation Fund Board Grant Application Form, HL-1A;
(c) Location map;
(d) Site or project description;
(e) Preliminary Resource Management Plan,
			 HL-1C, using the Preliminary Resource Management Plan Instructions,
			 HL-1B;
(f) Copy of the portion of a
			 1:24,000 topographical map showing the approximate project boundaries;
			 and
(g) Project costs
			 worksheet.
(3) Money
			 expended by an applicant in connection with a denied application for funds, a
			 grant, or project under this section shall not be reimbursed to the
			 applicant.
(4) An applicant shall
			 not supply false or misleading information to the board and shall provide to
			 the board verification that all information in the grant application is true
			 and accurate.
(5) Grant applicants
			 may submit joint applications. The preliminary RMP for a joint application
			 shall specify which entity will perform each aspect of management. Each joint
			 applicant shall remain responsible for all aspects of management.
Kentucky Administrative Regulations › Title 418 - KENTUCKY HERITAGE LAND CONSERVATION FUND BOARD › Chapter 1 - General Administrative Procedures › Section 418 KAR 1:050 - Procedures for acquisition of land

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45.450, 146.550-146.570,
				382.800-382.860
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2)
				requires the board to promulgate administrative regulations on acquisition of
				land. This administrative regulation governs the acquisition of land purchased,
				in whole or in part, with fund money.
Section
			 1. An applicant shall attempt to acquire:
(1) Land at or below its fair market value;
			 and
(2) Available matching funds
			 for the purchase of land and land management from a public or private
			 entity.
Kentucky Administrative Regulations › Title 418 - KENTUCKY HERITAGE LAND CONSERVATION FUND BOARD › Chapter 1 - General Administrative Procedures › Section 418 KAR 1:060 - Management

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.550-146.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2)
				requires the board to promulgate administrative regulations necessary for the
				application for funds from agencies established in KRS 146.570, and review and
				approve of projects and grants. This administrative regulation establishes the
				procedures for management of land acquired with fund money.
Section 1. Purpose. Each recipient of fund
			 money shall maintain in perpetuity for the purposes established in KRS 146.560
			 land acquired with fund money. Management practices shall also meet the
			 requirements of KRS 146.550 through 146.570, 418 KAR Chapter 1, any other
			 applicable laws of the Commonwealth, the application, any memorandum of
			 agreement between the board and the recipient of fund money, any conservation
			 easement or land use restrictions pertaining to the project site, and the most
			 recent RMP approved by the board.
Section
			 2. Preliminary RMP. An applicant for fund money shall submit to
			 the board a preliminary RMP simultaneously with an application submitted
			 pursuant to  418 KAR 1:040. The applicant shall follow the preliminary RMP
			 instructions incorporated by reference in  418 KAR 1:040, Section 4 as HL-1B and
			 HL-1C.
Section 3. Final RMP.
(1) A recipient of fund money shall submit to
			 the board, within two and one-half (2 1/2) years of receipt of funding, a final
			 RMP that shall be consistent with the preliminary RMP and application, and that
			 complies with requirements of KRS 146.550 through 146.570, 418 KAR Chapter 1,
			 any memorandum of agreement between the board and the recipient, and any
			 conservation easement, deed restriction, or articles of dedication pertaining
			 to the project site. The applicant shall follow the final RMP instructions,
			 Forms HL-2A and HL-2B.
(2) The
			 applicant shall develop the final RMP using the findings contained in
			 biological and archeological inventories. The board may grant an exception to
			 the inventory requirements if the applicant demonstrates that either inventory
			 would be nonproductive considering the conditions at the project
			 site.
(3) The board shall vote to
			 accept or reject the final RMP. If it is rejected, the board shall identify the
			 deficiencies and notify the applicant of those deficiencies. The applicant
			 shall correct these deficiencies within sixty (60) days of notification from
			 the board or other time deadline approved by the board.
Kentucky Administrative Regulations › Title 418 - KENTUCKY HERITAGE LAND CONSERVATION FUND BOARD › Chapter 1 - General Administrative Procedures › Section 418 KAR 1:070 - Remedies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.550-146.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2)
				requires the board to promulgate administrative regulations necessary for the
				application for funds from agencies established in KRS 146.570, review and
				approval of projects and grants, and acquisition of land. This administrative
				regulation establishes the requirements for maintaining land acquired with fund
				money and enables the board to ensure that fund money is used for acquisition
				and management, in accordance with KRS 146.560.
Section 1. Forfeiture of Funds.
(1)
(a)
			 Except as established in paragraph (b) of this subsection, funds approved by
			 the board pursuant to KRS 146.570(4)(f) for land acquisition which, within two
			 (2) years of board approval, are not expended on acquisition of approved land
			 shall revert to the fund.
(b) The
			 board may grant an extension upon receipt of a written request if all terms of
			 the MOA or written agreement for the project site have been met by the
			 applicant.