(1) The Energy and Environment Cabinet is directed to promulgate regulations which specifically address what liability surface mining permittees shall have to reclaim permit areas on which parties or forces not controlled by the permittee have disturbed the reclamation previously performed by the permittee. Such parties or forces not controlled by the permittee shall include, without limitation, acts of God, oil and gas operations, loggers, recreational vehicles, and trespassers.
(2) The Energy and Environment Cabinet is also directed to promulgate regulations which specifically set forth the procedure for transferring liability for reclamation of a surface mining permit to a party who will make a post mining use of the permit area.

Terms Used In Kentucky Statutes 350.475

  • 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
  • Permittee: means a person holding a permit to conduct surface coal mining and reclamation operations. 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 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1890, effective July 15, 2010. — Created
1990 Ky. Acts ch. 494, sec. 1, effective July 13, 1990.

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