reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 20 - Special Performance Standards › Section 405 KAR 20:030 - Auger mining

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010,
				350.028,
				350.090,
				350.410,
				350.420,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate environmental protection
				performance standards for surface coal mining operations, including auger
				mining. This administrative regulation sets forth additional performance
				standards for auger mining. This administrative regulation specifies certain
				distances between auger holes, criteria for plugging auger holes, and
				situations in which an auger hole need not be plugged.
Section 1. Additional Performance Standards.
(1) All auger mining operations shall be
			 conducted so as to maximize the utilization and conservation of coal in
			 accordance with
			 405 KAR 16:010
			 and shall be planned and conducted to maximize recoverability of mineral
			 reserves remaining after the mining and reclamation activities are completed.
			 Each permittee who conducts auger mining operations shall leave areas of
			 undisturbed coal to provide access for removal of coal reserves by future
			 underground mining activities unless the cabinet determines that the coal
			 reserves have been depleted or are limited in thickness or extent to the point
			 that it will not be practicable to recover the remaining coal reserves. The
			 cabinet shall make such a determination only upon presentation of appropriate
			 technical evidence by the permittee. Except where the applicant designates
			 specific areas where the applicant plans to develop future entryways for
			 underground mining, undisturbed areas of coal shall be left in unmined sections
			 which:
(a) Are a minimum of 250 feet wide at
			 any point between each group of auger openings to the full depth of the auger
			 hole;
(b) Are no more than 2,500
			 feet apart measured from the center of one (1) section to the center of the
			 next section unless a greater distance is set forth in the permit application
			 under
			 405 KAR
			 8:050, Section 2; and
(c) For multiple seam mining, have a width of
			 at least 250 feet plus fifty (50) feet for each subjacent workable coal seam.
			 The centers of all unmined sections shall be aligned vertically.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 20 - Special Performance Standards › Section 405 KAR 20:040 - Prime farmland

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.100,
				350.405,
				350.415,
				350.450,
				350.465,
				30 C.F.R. Parts 715, 823
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.020,
				350.028(1),
				(5), and
				350.450
				require the Energy and Environment Cabinet to promulgate environmental
				protection performance standards specifically including special requirements
				for the protection of prime farmland. This administrative regulation
				establishes special requirements for the removal, stockpiling, replacement, and
				revegetation of prime farmland.
Section
			 1. Scope and Purpose. This administrative regulation establishes
			 special environmental protection performance, reclamation, and design standards
			 for surface coal mining and reclamation operations on prime farmland.
Section 2. Responsibilities.
(1) 30 C.F.R. Part 823 requires the U.S. Soil
			 Conservation Service (SCS) within each state to establish specifications for
			 prime farmland soil removal, storage, replacement, and reconstruction. The
			 Kentucky specifications are established in "Soil Conservation Service, Kentucky
			 Standard and Specifications for Land Restoration, Currently Mined Prime
			 Farmland."
(2) 30 C.F.R. Part 823
			 requires the cabinet to use the soil-reconstruction specifications established
			 by the SCS, as referenced in subsection (1) of this section, to carry out its
			 responsibilities.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 20 - Special Performance Standards › Section 405 KAR 20:060 - Steep slopes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.090,
				350.093,
				350.100,
				350.405,
				350.410,
				350.445,
				350.450,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				785.15,
				785.16,
				816.107,
				817.107,
				917,
				30 U.S.C. 1253,
				1255,
				1257,
				1258,
				1265(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1) and
				(5),
				350.151(1),
				and
				350.465(2)
				authorize the cabinet to promulgate administrative regulations relating to
				surface and underground coal mining operations. This administrative regulation
				establishes special performance standards and limited variance procedures for
				operations conducted on steep slopes.
Section
			 1. Applicability.
(1) Surface
			 coal mining and reclamation operations on steep slopes shall meet the
			 requirements of this administrative regulation.
(2) The standards of this administrative
			 regulation shall not apply to:
(a) Mining
			 conducted on a flat or gently rolling terrain with an occasional steep slope
			 through which the mining proceeds and leaves a plain or predominantly flat
			 area; or
(b) Operations covered by
			 405 KAR
			 20:050.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 20 - Special Performance Standards › Section 405 KAR 20:070 - Off-site coal processing plants

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010,
				350.151,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate environmental protection
				performance standards for all surface coal mining and reclamation operations.
				This administrative regulation sets forth certain performance standards for
				off-site coal processing plants.
Section
			 1. Applicability. This administrative regulation establishes
			 performance standards for coal processing plants that are not located within
			 the permit area for a specific mine. This administrative regulation shall not
			 apply to coal processing plants which are located at the site of ultimate coal
			 use.
Section 2. Performance
			 Standards. Construction, operation, maintenance, modification, reclamation, and
			 removal activities at coal processing plants shall comply with the provisions
			 of 405 KAR Chapter 16 and
			 405 KAR 20:040,
			 except as provided in this section and Section 5 of this administrative
			 regulation.
(1) Those provisions of
			 405 KAR
			 16:060 related to stream buffer zones shall not apply
			 except that the findings required for approval of a stream buffer zone variance
			 shall apply to any proposal to divert an intermittent or perennial
			 stream.
(2)
									405 KAR
			 16:010, Section 2, coal recovery, shall not
			 apply.
(3)
									405 KAR
			 16:010, Section 4, slide and erosion barriers, and
			 Section 5, slides, shall not apply.
(4)
									405 KAR
			 18:020 shall apply in lieu of
			 405 KAR
			 16:020.
(5)
									405 KAR
			 16:040, casing and sealing of drilled holes, shall not
			 apply.
(6)
									405 KAR 16:120,
			 use of explosives, shall not apply.
(7)
									405 KAR
			 16:190, Section 5, thick overburden, shall not
			 apply.
(8)
									405 KAR 16:250,
			 Section 2(2), minimize damage, destruction or disruption of utility services,
			 shall not apply.
(9)
									405 KAR 20:060,
			 steep slopes, shall not apply.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 20 - Special Performance Standards › Section 405 KAR 20:080 - In situ processing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010,
				350.151,
				350.465,
				Chapter 353
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations that establish
				environmental protection performance standards for all surface coal mining and
				reclamation operations. This administrative regulation establishes certain
				performance standards for in situ processing activities.
Section 1. Performance Standards.
(1) The permittee who conducts in situ
			 processing activities shall comply with 405 KAR Chapter 18 and this
			 section.
(2) In situ processing
			 activities shall be planned and conducted to minimize disturbance to the
			 prevailing hydrologic balance by:
(a) Avoiding
			 discharge of fluids into holes or wells, other than as approved by the cabinet
			 through a permitting action;
(b)
			 Injecting process recovery fluids only into geologic zones or intervals
			 approved as production zones by the cabinet in accordance with KRS Chapter 353
			 and 805 KAR Chapter 1;
(c) Avoiding
			 annular injection between the wall of the drill hole and the casing;
			 and
(d) Preventing discharge of
			 process fluid into surface waters.
(3) Each permittee who conducts in situ
			 processing activities shall submit for approval as part of the application for
			 permit pursuant to
			 405 KAR
			 8:050, and follow after approval, a plan that ensures
			 that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids
			 constituting a fire, health, safety, or environmental hazard and caused by the
			 mining and recovery process shall be promptly treated, confined, or disposed
			 of, in a manner that shall prevent contamination of ground and surface waters,
			 damage to fish, wildlife and related environmental values, and threats to the
			 public health and safety.
(4) Each
			 permittee who conducts in situ processing activities shall prevent flow of the
			 process recovery fluid:
(a) Horizontally
			 beyond the affected area identified in the permit; and
(b) Vertically into overlying or underlying
			 aquifers.
(5) Each
			 permittee who conducts in situ processing activities shall restore the quality
			 of affected groundwater in the permit area and adjacent area, including
			 groundwater above and below the production zone, to the approximate premining
			 levels or better, to ensure that the potential for use of the groundwater shall
			 not be diminished.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 20 - Special Performance Standards › Section 405 KAR 20:090 - Underground only permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.151,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.465 authorizes the cabinet to promulgate
				administrative regulations to establish environmental protection performance
				standards for all surface coal mining and reclamation operations. This
				administrative regulation establishes certain performance standards for
				underground only permits.
Section 1.
			 Coal Recovery. Underground only mining activities shall be conducted to
			 maximize the utilization and conservation of the coal, while utilizing the best
			 appropriate technology currently available to maintain environmental
			 integrity.
Section 2. Permanent
			 Abandonment of Operations.
(1) Notice
			 required. On or before the date of permanent abandonment of underground only
			 operations, the permittee shall provide written notice to the cabinet that
			 permanent abandonment is intended.
(2) Prior to permanent abandonment, and prior
			 to removal of necessary equipment from the site, all affected areas shall be
			 closed, in accordance with the requirements of KRS Chapter 350, the
			 administrative regulations of KAR Title 405, and the permit.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 24 - Areas Unsuitable for Mining › Section 405 KAR 24:001 - Definitions for 405 KAR Chapter 24

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 350,
				30
				C.F.R. Parts 700.5,
				701.5,
				707.5, 730-733, 735,
				761.5,
				762.5,
				773.5,
				800.5,
				843.5, 917,
				30 U.S.C. 1253,
				1255,
				1291
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 under
				the permanent regulatory program. This administrative regulation provides for
				the defining of certain essential terms used in 405 KAR Chapter 24.
Section 1. Definitions.
(1) "Affected area" means any land or water
			 area which is used to facilitate, or is physically altered by, surface coal
			 mining and reclamation operations. The affected area includes the disturbed
			 area; any area upon which surface coal mining and reclamation operations are
			 conducted; any adjacent lands the use of which is incidental to surface coal
			 mining and reclamation operations; all areas covered by new or existing roads
			 used to gain access to, or for hauling coal to or from, surface coal mining and
			 reclamation operations, except as provided in this definition; any area covered
			 by surface excavations, workings, impoundments, dams, ventilation shafts,
			 entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm
			 banks, tailings, holes or depressions, repair areas, storage areas, shipping
			 areas; any areas upon which are sited structures, facilities, or other property
			 or material on the surface resulting from, or incident to, surface coal mining
			 and reclamation operations; and the area located above underground workings
			 associated with underground mining activities, auger mining, or in situ mining.
			 The affected area shall include every road used for the purposes of access to,
			 or for hauling coal to or from, surface coal mining and reclamation operations,
			 unless the road:
(a) Was designated as a
			 public road pursuant to the laws of the jurisdiction in which it is
			 located;
(b) Is maintained with
			 public funds, and constructed in a manner similar to other public roads of the
			 same classification within the jurisdiction; and
(c) There is substantial (more than
			 incidental) public use.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 24 - Areas Unsuitable for Mining › Section 405 KAR 24:030 - Process and criteria for designating lands unsuitable for surface mining operations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.465(2)(b),
				350.610
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.465(2) and
				350.610
				require the cabinet to prepare, develop, and promulgate a permanent regulatory
				program for the implementation of SMCRA containing procedures similar to that
				Act. This administrative regulation sets forth procedures and criteria for
				reviewing petitions seeking designation of lands as unsuitable for all or
				certain types of coal mining operations and for the termination of
				designations.
Section 1. General. The
			 following procedures and criteria establish a process enabling objective
			 decisions to be made on land areas, if any, which are unsuitable for all or
			 certain types of surface coal mining operations. These decisions shall be based
			 on the best available, scientifically sound data and other relevant
			 information.
Section 2. Lands
			 Exempt From Designation.
(1) Petitions for
			 designating lands as unsuitable for all or certain surface coal mining
			 operations will not be considered for:
(a)
			 Lands on which surface coal mining operations were being conducted on August 3,
			 1977;
(b) Lands covered by a permit
			 issued under KRS Chapter 350 or a permit application for which the public
			 comment period has closed according to Section 3(6) of this administrative
			 regulation;
(c) Lands where
			 substantial legal and financial commitments were in existence prior to January
			 4, 1977 in such surface coal mining operations.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:015 - Documents incorporated by reference

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the cabinet to adopt
				administrative regulations for oil shale operations. This administrative
				regulation provides for incorporation by reference of documents referred to in
				these administrative regulations.
Section
			 1. Documents Referred to in these Administrative Regulations. The
			 following documents which are referred to in 405 KAR Chapter 30 are
			 incorporated herein by reference for the purposes of 405 KAR Chapter 30.
(1) Agriculture Handbook 282,
			 "Rainfall-Erosion Losses from Cropland", U.S. Department of Agriculture. Copies
			 may be obtained from the U.S. Department of Agriculture, Washington,
			 D.C.
(2) Engineering Memorandum No.
			 5, "Design Criteria for Dams and Associated Structures", KY Division of Water.
			 Copies may be obtained from the Division of Water, Frankfort, Kentucky
			 40601.
(3) "Soil Taxonomy",
			 Agriculture Handbook 436, 1975, USDA - Soil Conservation Service. Copies may be
			 obtained from the Superintendent of Documents, U.S. Government Printing Office,
			 Washington, D.C. 20402.
(4) "Soil
			 Survey Manual", Agriculture Handbook No. 18, 1951, U.S. Department of
			 Agriculture. Copies may be obtained from the Superintendent of Documents, U.S.
			 Government Printing Office, Washington, D.C. 20402.
(5) "Environmental Criteria for Electric
			 Transmission Lines", 1970, U.S. Department of the Interior, U.S. Department of
			 Agriculture. Copies may be obtained from the Superintendent of Documents, U.S.
			 Government Printing Office, Washington, D.C. 20402.
(6) REA Bulletin 61-10, "Protection of Bald
			 and Golden Eagles from Powerlines", 1972 U.S. Department of Agriculture. Copies
			 may be obtained from the U.S. Department of Agriculture, Washington,
			 D.C.
(7) "Kentucky Standard and
			 Specification for Pond (378)", 1978 U.S. Soil Conservation Service. Copies may
			 be obtained from the Soil Conservation Service, 333 Waller Ave., Lexington,
			 Kentucky.
(8) ANSI S1.4-1971,
			 "Specification for Sound Level Meters", 1971, American National Standards
			 Institute, Inc. Copies may be obtained from the American National Standards
			 Institute, Inc., 1430 Broadway, New York, New York.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:020 - General provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.250,
				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 sets forth
				general provisions which apply in this chapter with regard to applicability,
				conflicting provisions, severability, obligations of permittees, technology
				assessment, reporting requirements, and hearings.
Section 1. Applicability. The administrative
			 regulations in 405 KAR Chapter 30 shall apply to any oil shale operation
			 conducted on or after the effective date of these administrative regulations on
			 land containing oil shale deposits and any other lands used, disturbed, or
			 redisturbed in connection with or to facilitate such operations or to comply
			 with the requirements of KRS Chapter 350 and the requirements of this chapter
			 except:
(1) The extraction of oil shale by a
			 land owner for his own noncommercial use on land owned or leased by him;
			 and
(2) The extraction of oil shale
			 as an incidental part of government-financed construction. Provided, however,
			 that any person extracting oil shale incidental to government financed
			 construction shall maintain, on the site of the extraction operation and
			 available for inspection, documents which show:
(a) A description of the construction
			 project;
(b) The exact location of
			 the construction, right-of-way or the boundaries of the area which will be
			 directly affected by the construction; and
(c) The government agency which is providing
			 the financing and the kind and amount of public financing, including the
			 percentage of the entire construction costs represented by the government
			 financing.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:025 - Experimental practices

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 governs the
				permitting of experimental practices that encourage advances in mining and
				reclamation technology and will yield useful information to the cabinet about
				agricultural, environmental, technological and postmining land use problems
				relating to oil shale operations.
Section
			 1. General.
(1) Applicability.
			 This administrative regulation shall apply to any person who conducts or
			 intends to conduct oil shale operations under a permit authorizing the use of
			 alternative mining practices on an experimental basis if the practices require
			 a variance from the environmental protection performance standards of Title
			 405, Chapter 30, and such variance is not otherwise obtainable under Title 405,
			 Chapter 30.
(2) This administrative
			 regulation sets forth requirements for the permitting of oil shale operations
			 that encourage advances in mining and reclamation practices or allow postmining
			 land use for industrial, commercial, residential, or public use (including
			 recreational facilities) on an experimental basis.
(3) Experimental practices need not comply
			 with specific environmental protection performance standards of Title 405,
			 Chapter 30, if approved pursuant to this administrative regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:035 - General requirements for performance bond and liability insurance

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 general requirements for performance bonds and liability insurance.
Section 1. Applicability. This administrative
			 regulation sets forth the minimum requirements for filing and maintaining
			 performance bonds and insurance for oil shale operations.
Section 2. Requirement to File a Bond.
(1) After an application for a new, revised
			 or renewed permit to conduct oil shale operations has been approved but before
			 such permit is issued, the applicant shall file with the cabinet a performance
			 bond payable to the cabinet. A condition of the performance bond will be the
			 faithful completion of all the requirements of the applicable statutes, the
			 pertinent administrative regulations promulgated pursuant thereto, and the
			 provisions of the reclamation plan and permit.
(2) The performance bond liability shall
			 apply to all oil shale operations and related activities conducted within the
			 permit area. Liability shall continue until requirements established by the
			 cabinet have been met. After the amount of the bond has been determined for the
			 permit area, the permittee or applicant shall file the performance bond in
			 accordance with Section 4 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 30:050 - Bonding requirements for long-term facilities and structures

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
				procedures to determine bond amounts, periods of liability, types of bonds, and
				forfeiture for certain long-term facilities and structures. This administrative
				regulation is applicable to portions of oil shale operations which will disturb
				the surface for more than five (5) years and certain other structures and
				facilities.
Section 1. Applicability.
(1) Operations subject to the provisions of
			 this administrative regulation are:
(a)
			 Portions of oil shale operations which will continuously disturb the surface
			 for a period in excess of five (5) years and surface construction activities
			 related to drainage treatment and subsidence control measures;
(b) Oil shale processing facilities to be
			 operated for more than five (5) years from the date a permit is first
			 issued;
(c) Oil shale refuse areas
			 to be operated for more than five (5) years;
(d) Oil shale facilities to be operated for
			 more than five (5) years from the date a permit is first issued; and
(e) Long-term oil shale related facilities to
			 be permitted for operation longer than five (5) years in accordance with
			 405 KAR
			 30:130.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:060 - Form, terms and conditions of performance bonds and liability insurance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.033 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 minimum bonding and insurance standards.
				The administrative regulation specifies the types, terms, and conditions of
				liability insurance.
Section 1. Types
			 of Performance Bond.
(1) The form for the
			 performance bond shall be prescribed by the cabinet.
(2) The performance bond shall be either:
(a) A surety bond;
(b) A collateral bond; which includes cash,
			 negotiable certificates of deposit, or an irrevocable letter of credit of any
			 bank organized and authorized to transact business in the United States;
			 or
(c) A combination of these
			 bonding methods as approved by the cabinet.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:070 - Procedures, criteria and schedule for release of performance bond

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 procedures, criteria, and schedule for release of performance bonds.
Section 1. Procedures for Seeking Release of
			 Performance Bond.
(1) The permittee, or any
			 person authorized in writing to act on his behalf, may file an application on a
			 form provided by the cabinet for a release of all or part of the performance
			 bond liability applicable to a particular permit after all reclamation,
			 restoration and abatement work in a particular reclamation phase, as defined by
			 these oil shale administrative regulations, has been completed on the entire
			 permit area.
(a) Bond release applications
			 will be considered at times or seasons that allow the cabinet to evaluate
			 properly the reclamation operations alleged to have been completed.
(b) The application for bond release shall
			 include copies of notices sent to the surface owners and adjoining property
			 owners, notifying them of the permittee's intention to seek release of
			 performance bonds. These notices shall be sent to the persons listed above
			 before the permittee files the application for release with the
			 cabinet.
(c) Within thirty (30)
			 days after filing the application for release the permittee shall submit proof
			 of publication of the advertisement required by subsection (2) of this section.
			 Such proof of publication shall be considered part of the bond release
			 application.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:080 - Bond forfeiture

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 procedures and criteria by which a bond may be forfeited to the
				cabinet.
Section 1. General. The
			 cabinet may forfeit any bond held by it upon failure of the principal to
			 perform.
Section 2. Procedures. In
			 the event forfeiture of the bond is required by Section 3 of this
			 administrative regulation, the cabinet shall:
(1) Send written notification by certified
			 mail, return receipt requested, to the permittee and the surety on the bond, of
			 the cabinet's determination to initiate forfeiture of the bond and the reasons
			 for the forfeiture, including the amount proposed to be forfeited.
(2) Advise the permittee and those
			 responsible on the bond of their right to a hearing.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:090 - General provisions for inspection and enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600,
				350.990
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
				an enforcement and inspection policy for the cabinet. This administrative
				regulation directs that inspections be made periodically and without need of a
				warrant or prior notice to the operator.
Section
			 1. Applicability. The provisions of this administrative regulation
			 shall apply to all oil shale operations.
Section
			 2. Inspection and Enforcement. In accordance with the provisions
			 of this administrative regulation, the cabinet shall conduct or cause to be
			 conducted such inspections, studies, investigations or other determinations as
			 it deems reasonable and necessary to obtain information and evidence which will
			 ensure that oil shale operations are conducted in accordance with the
			 provisions of all applicable statutes and administrative regulations, and all
			 terms and conditions of the permit.
Section
			 3. Timing and Conduct of Inspections.
(1) Right of entry and access. Authorized
			 employees of the cabinet shall have unrestricted right of entry and access to
			 all parts of the oil shale operation for any purpose associated with their
			 proper duties pursuant to 405 KAR, including but not limited to, making
			 inspections and delivering documents or information of any kind to persons
			 associated with the operation or receiving documents or information from
			 persons associated with the operation.
(2) Prior notice. The cabinet shall have no
			 obligation to give prior notice that an inspection will be conducted.
(3) Timing. Inspections shall ordinarily be
			 conducted at irregular and unscheduled times during normal workdays, but may be
			 conducted at night or on weekends or holidays when the cabinet deems such
			 inspections necessary to properly monitor compliance with all applicable laws
			 and administrative regulations.
(4)
			 Frequency of inspections. The cabinet shall conduct periodic inspections of all
			 oil shale operations.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:100 - Enforcement

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
				various kinds of notices and orders to be issued by authorized representatives
				of the cabinet. The administrative regulation requires that a notice of
				noncompliance and order for remedial measures be issued for violations of
				KRS
				350.600, the administrative regulations
				promulgated pursuant thereto, any permit condition, or any other applicable
				statute or administrative regulation. The administrative regulation sets forth
				the general form of the notices, and hearing procedures.
Section 1. Notice of Noncompliance and Order
			 for Remedial Measures.
(1) Issuance. An
			 authorized employee of the cabinet shall issue a notice of noncompliance and
			 order for remedial measures if, on the basis of inspection, he finds a
			 violation of
			 KRS
			 350.600, the administrative regulations
			 promulgated pursuant thereto, any permit condition, or any other applicable
			 statute or administrative regulation.
(2) Form and content. A notice of
			 noncompliance and order for remedial measures issued pursuant to this section
			 shall be in writing and shall be signed by the authorized employee who issued
			 it. The notice shall set forth with reasonable specificity:
(a) The nature of the violation;
(b) The remedial action required, if any,
			 which may include accomplishment of interim steps, if appropriate;
(c) A reasonable time for remedial action, if
			 any, which may include time for accomplishment of interim steps, if
			 appropriate; and
(d) A reasonable
			 description of the portion of the oil shale operation to which the notice
			 applies.
(3) Service.
			 Service of a notice of noncompliance and order for remedial measures shall be
			 in the manner set forth in Section 3 of this administrative
			 regulation.
(4) Extension. An
			 authorized employee may extend the time set for remedial action or for
			 accomplishment of an interim step, if the failure to meet the time previously
			 set was not caused by lack of diligence on the part of the person to whom the
			 notice of noncompliance and order for remedial measures was issued. The total
			 time for remedial action under such notice, including all extensions, shall not
			 exceed ninety (90) days from the date of issuance of the notice, except upon a
			 showing by the permittee that it is not feasible to abate the violation within
			 ninety (90) days.
(5) Modification
			 and termination. An authorized employee may modify or terminate an order for
			 remedial measures for good cause.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:110 - Public participation in inspection and enforcement

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 provides
				for citizen participation in the inspection and enforcement process. The
				administrative regulation provides for citizen request for inspection.
Section 1. Citizen Request for Inspection.
(1) Any person having an interest which is or
			 may be adversely affected by an oil shale operation, may request that the
			 cabinet conduct an inspection by furnishing to an authorized employee, a
			 signed, written statement, giving the authorized employee reason to believe
			 that a violation, condition, or practice in violation of applicable laws and
			 administrative regulations or permit conditions exists, and setting forth a
			 telephone number and address at which the person can be contacted.
(2) The identity of any person supplying
			 information to the cabinet relating to a possible violation or imminent danger
			 or harm shall remain confidential with the cabinet, if requested by that
			 person, unless disclosure is required by law.
(3) Within ten (10) days of the inspection,
			 or if there is no inspection, within fifteen (15) days of receipt of the
			 person's written statement, the cabinet shall send to the person the following:
(a) If no inspection was conducted, an
			 explanation of the reasons why no inspection was conducted;
(b) If an inspection was conducted, a
			 description of the enforcement action taken, if any, which may consist of
			 copies of the inspection report and all notices and orders issued as a result
			 of the inspection or an explanation of why no enforcement action was
			 taken.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:121 - Oil shale exploration

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 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 conducting oil shale exploration.
Section 1. Exploration of Less than 250 Tons.
(1) Any person who intends to conduct oil
			 shale exploration during which less than 250 tons of oil shale will be removed
			 in the area to be explored 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 description of the exploration area;
(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 practices proposed
			 to be followed to protect the environment from adverse impacts as a result of
			 the exploration activities.
(3) The cabinet shall, in accordance with
			 Section 3 of this administrative regulation, place such 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 oil shale exploration activities pursuant to this
			 section which substantially disturb any natural land surface shall comply with
			 405 KAR
			 30:125.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:125 - Oil shale exploration performance standards

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
				performance standards applicable to oil shale exploration operations which
				substantially disturb the land surface.
Section
			 1. General Responsibility of Persons Conducting Oil Shale
			 Exploration.
(1) Each person who conducts oil
			 shale exploration which substantially disturbs the natural land surface and in
			 which 250 tons or less of oil shale are removed shall file the written
			 notification to explore required under
			 405 KAR
			 30:121, Section 1, and shall comply with Section 3 of
			 this administrative regulation.
(2)
			 Each person who conducts oil shale exploration which substantially disturbs the
			 natural land surface and in which more than 250 tons of oil shale are removed
			 in the area described by the written approval from the cabinet shall comply
			 with the procedures described in the exploration and reclamation operations
			 plan approved under
			 405 KAR
			 30:121, Section 2, and shall comply with Section 3 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 30:130 - Oil shale operation permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Department for Natural
				Resources 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 obtaining an oil shale mining permit.
Section
			 1. Applicability. The provisions of this administrative regulation
			 shall apply to permits for all oil shale operations except for oil shale
			 exploration operations.
Section 2.
			 Permit Required. No person shall engage in oil shale operations without first
			 having obtained a permit from the cabinet.
Section 3. Term of Permits.
(1) Each permit shall be issued for a fixed
			 term not to exceed five (5) years. A longer fixed permit term may be granted at
			 the discretion of the cabinet only if:
(a)
			 The application is full and complete for the specified longer term;
			 and
(b) The applicant shows that a
			 specified longer term is reasonably needed to allow the applicant to obtain
			 necessary financing of the operation, and this need is confirmed, in writing,
			 by the applicant's proposed source for the financing.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:140 - Written approval required for transfer of permit; successor in interest

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
				criteria for transfer for succession of permits.
Section 1. No Transfer or Succession Without
			 Prior Written Approval.
(1) No permit issued
			 pursuant to this chapter shall be transferred by sale, assignment, lease, or
			 otherwise except upon the prior written approval of the cabinet. There shall be
			 no succession on the permitted area without the prior written approval of the
			 cabinet. The initial permittee must notify the cabinet in writing of any
			 proposed succession, sale, assignment, lease or other transfer. The cabinet may
			 release the first operator from reclamation responsibility under this chapter
			 as to that particular operation; provided, however, there shall be no release
			 until the successor operator has been issued a permit and has otherwise
			 complied with the requirements of this chapter, and, further provided, that the
			 successor immediately assumes as a part of his obligation under this chapter
			 all liability for the reclamation of the area of land affected by the former
			 permitted operation.
(2) If the
			 cabinet has given its prior written approval to the transfer, a successor in
			 interest to a permittee who applies for a new permit within thirty (30) days of
			 succeeding to such interest, and who obtains immediate bond coverage at least
			 equivalent to the amount of the bond of the original permittee, may continue
			 oil shale operations according to the approved permit plan of the original
			 permittee until such successor's application is granted or denied. The bond
			 coverage provided by the successor in interest must take effect immediately
			 upon the commencement of operations by the successor.