Kentucky Statutes 350.100 – Time for commencement and completion of reclamation — Deferred planting
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(1) It shall be the duty of a permittee and operator to commence the reclamation of the area of land affected by the operation as contemporaneously as practicable after the beginning of operations on that area in accordance with plans previously approved by the cabinet. The grading, backfilling, and water management practices that are approved in the plans shall be kept current with the operation as defined by regulations of the cabinet and no permit renewal or revision shall be issued, if, under the regulations of the cabinet, these practices are not current;
(2) If an investigation indicates that planting so as to provide vegetative cover of an area of land affected by surface coal mining may not be successful, consistent with subsection (1), the cabinet may authorize the permittee or person to defer the planting until the soil and/or weather has become suitable for that purpose.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 13, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 62, sec. 12. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7).
— Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 71. — Amended 1966 Ky. Acts ch. 4, sec. 15. — Amended 1964 Ky. Acts ch. 61, sec. 5. — Amended 1962 Ky. Acts ch. 105, sec. 6. — Created 1954 Ky. Acts ch. 8, sec. 10.
(2) If an investigation indicates that planting so as to provide vegetative cover of an area of land affected by surface coal mining may not be successful, consistent with subsection (1), the cabinet may authorize the permittee or person to defer the planting until the soil and/or weather has become suitable for that purpose.
Terms Used In Kentucky Statutes 350.100
- Area of land affected: means any area of land or water upon which surface coal mining and reclamation operations are conducted or located or are to be conducted or located. See Kentucky Statutes 350.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 350.010
- Operations: means surface coal mining operations, all of the premises, facilities, roads, and equipment used in the process of producing coal from a designated area or removing overburden for the purpose of determining the location, quality, or quantity of a natural coal deposit or the activity to facilitate or accomplish the extraction or the removal of coal. See Kentucky Statutes 350.010
- Operator: means any person, partnership, or corporation engaged in surface coal mining operations who removes or intends to remove more than twenty-five (25) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location. See Kentucky Statutes 350.010
- Permittee: means a person holding a permit to conduct surface coal mining and reclamation operations. See Kentucky Statutes 350.010
- Person: means any individual, partnership, corporation, association, society, joint stock company, firm, company, or other business organization and shall also include any agency, unit, or instrumentality of federal, state, or local government including any publicly-owned utility or publicly-owned corporation of federal, state, or local government. See Kentucky Statutes 350.010
- Reclamation: means the reconditioning of the area affected by surface coal mining operations under a plan approved by the cabinet. See Kentucky Statutes 350.010
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 13, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 62, sec. 12. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7).
— Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 71. — Amended 1966 Ky. Acts ch. 4, sec. 15. — Amended 1964 Ky. Acts ch. 61, sec. 5. — Amended 1962 Ky. Acts ch. 105, sec. 6. — Created 1954 Ky. Acts ch. 8, sec. 10.