Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Administration › Section 400 KAR 1:120 - Administrative hearings, informal settlement conferences, and general practice provisions relating to a mineral operation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.10-410, 224.10-470, 350.010(2), 350.032,
				350.060, 350.085, 350.130, 350.240, 350.300, 350.305, 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. KRS 350.0301 requires the cabinet to
				promulgate administrative regulations establishing formal and informal hearing
				procedures and administrative conferences. This administrative regulation
				establishes provisions governing requests for administrative hearings,
				initiation of administrative hearings by the cabinet, informal settlement
				conferences, procedures for the conduct of administrative hearings, and orders
				to abate and alleviate.
Section 1.
			 Definitions.
(1) "Cessation order" means an
			 order for cessation and immediate compliance and any similar order issued by an
			 authorized representative of the cabinet pursuant to KRS 350.130 and 405 KAR
			 Chapter 5.
(2) "Department" is
			 defined by  405 KAR 5:002.
(3)
			 "Mineral operation" is defined by  405 KAR 5:002.
(4) "Mineral operator" is defined by  405 KAR 5:002.
(5) "Mineral permittee" is
			 defined by  405 KAR 5:002.
(6)
			 "Notice of noncompliance and order for remedial measures" means a written
			 document and order prepared by an authorized representative of the cabinet in
			 accordance with KRS 350.130 that:
(a) Sets
			 forth with specificity the violations of KRS Chapter 350, 405 KAR Chapters 5,
			 or permit conditions, which the authorized representative of the cabinet
			 determines to have occurred based upon a cabinet inspection; and
(b) Establishes the necessary remedial
			 actions, if any, and the time schedule for completion thereof, which the
			 authorized representative deems necessary and appropriate to correct the
			 violations.
(7) "Order
			 for cessation and immediate compliance" means a written document and order
			 issued by an authorized representative of the cabinet in accordance with KRS 350.130 if:
(a) A person to whom a notice of
			 noncompliance and order for remedial measures was issued has failed, as
			 determined by a cabinet inspection, to comply with the terms of the notice of
			 noncompliance and order for remedial measures within the time limits set
			 therein, or as subsequently extended; or
(b) The authorized representative finds, on
			 the basis of a cabinet inspection, any condition or practice or any violation
			 of KRS Chapter 350, 405 KAR Chapters 5, or any condition of a permit that:
1. Creates an imminent danger to the health
			 or safety of the public; or
2. Is
			 causing or can reasonably be expected to cause significant, imminent
			 environmental harm to land, air, or water resources.
(8) "Permit" is defined by  405 KAR 5:002.
(9) "Permit area" is defined
			 by  405 KAR 5:002.
(10)
			 "Significant, imminent environmental harm to land, air, or water resources" is
			 defined by  405 KAR 5:002.