2023 Kentucky Statutes 350.590 – Power of cabinet to administer provisions of Abandoned Mine Lands Program
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(1) The cabinet shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or expedient, including promulgation of rules and regulations, to implement and administer the provisions of the Abandoned Mine Lands Program.
(2) The cabinet shall have the power and authority to engage in cooperative projects under the program with any agency of the United States, any state and their governmental agencies.
(3) The cabinet may initiate, in addition to any other remedies provided for in this chapter, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in the Abandoned Mine Lands Program.
(4) The cabinet shall have the power and authority to construct and operate facilities for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water; provided, that the above provisions of this subsection shall not be deemed in any way to repeal or supersede any portion of the Federal Water Pollution Control Act (33 U.S.C. secs. 1151 et seq., as amended) and no control or treatment under this subsection shall in any way be less than that required under the Federal Water Pollution Control Act. The construction of facilities may include major interceptors and other facilities appurtenant thereto.
(5) The cabinet may transfer funds to other appropriate state agencies, in order to carry out the reclamation activities authorized by the Abandoned Mine Lands Program.
History: Created 1980 Ky. Acts ch. 62, sec. 26.
Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.
(2) The cabinet shall have the power and authority to engage in cooperative projects under the program with any agency of the United States, any state and their governmental agencies.
(3) The cabinet may initiate, in addition to any other remedies provided for in this chapter, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in the Abandoned Mine Lands Program.
(4) The cabinet shall have the power and authority to construct and operate facilities for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water; provided, that the above provisions of this subsection shall not be deemed in any way to repeal or supersede any portion of the Federal Water Pollution Control Act (33 U.S.C. secs. 1151 et seq., as amended) and no control or treatment under this subsection shall in any way be less than that required under the Federal Water Pollution Control Act. The construction of facilities may include major interceptors and other facilities appurtenant thereto.
(5) The cabinet may transfer funds to other appropriate state agencies, in order to carry out the reclamation activities authorized by the Abandoned Mine Lands Program.
History: Created 1980 Ky. Acts ch. 62, sec. 26.
Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.