§ 350.010 Definitions for chapter
§ 350.020 Declaration of legislative policy and finding of fact
§ 350.025 Provisions inconsistent with federal law unenforceable
§ 350.028 Powers of cabinet
§ 350.0285 Notification to Transportation Cabinet of permits for mine openings and of mine closings under authority of cabinet
§ 350.029 Regulations to implement Interstate Mining Compact — Adoption — Limitations
§ 350.0301 Petition challenging determination of cabinet — Conduct of hearings — Administrative regulations — Secretary may designate deputy to sign final orders
§ 350.0305 Appeal of cabinet’s order
§ 350.032 Enforcement of subpoenas — Judicial review of final orders — Forfeiture of performance bond — Temporary relief pending final determination
§ 350.050 Powers of cabinet
§ 350.054 Illegal mining and conveyance reclamation fund — Purpose — Control
§ 350.055 Publication of notice of intention to mine by permit applicant — Notification of various local government bodies by cabinet
§ 350.057 Coal exploration operations
§ 350.060 Permit requirement — Contents of application — Fee — Bond — Administrative regulations — Successive renewal — Auger mining of previously mined area — Exempt operations
§ 350.062 Data included in permit application — Contemporaneous reclamation — Subsoil augmentation — Cabinet to compile hydrologic data — Abandoned land projects classified as government financed construction
§ 350.063 Duty of applicant to meet and confer with well operator if permit will disturb access roads
§ 350.064 Reclamation bond to be filed by applicant
§ 350.066 Bond posting not required until permit application approved
§ 350.068 Cancellation of surety
§ 350.069 Stringency of regulations
§ 350.070 Permit revisions
§ 350.075 Special permits for remining of previously affected areas — Administrative regulations
§ 350.080 Procedure for obtaining approval of other mining operations — Deferral of reclamation
§ 350.085 Denial of permits and operations — Deletion of land areas
§ 350.090 Method of operation, grading, backfilling, and reclamation plans — Funding from reclamation development fund — Waste materials in permit area only — Exclusions
§ 350.093 Time and distance limits on reclamation efforts — Deferments — Drift or other underground mining — Variances — Release of bond
§ 350.095 Responsibility for successful revegetation — Cabinet administrative regulations
§ 350.097 Protection and location of pollinator habitats on coal mine reclamation sites
§ 350.100 Time for commencement and completion of reclamation — Deferred planting
§ 350.105 Easement of necessity to conduct reclamation operations
§ 350.113 Planting report
§ 350.117 Ownership of trees, shrubs, and plants
§ 350.120 Report on expiration of permit — Contents
§ 350.130 Notice of noncompliance — Revocation of permit — Bond forfeiture — Ineligibility for future permits — Notice or order effective upon delivery
§ 350.131 Use of forfeited reclamation bond funds — Contract to reclaim overlapped disturbed area for which bond has been forfeited and collected
§ 350.133 Mountaintop removal
§ 350.135 Requirements for transfer of surface coal mining permit — Release of bond — Regulations — Approval by cabinet
§ 350.139 Deposit of funds to State Treasury — Exceptions — Amount to be transferred to fiscal courts — Remainder for Division of Mine Permits
§ 350.150 Reclamation work by cabinet — Procedure — Acceptance of federal and other funds — Access to land
§ 350.151 Permanent program administrative regulations for mining and reclamation — Bond
§ 350.152 Acquisition of land by Commonwealth for reclamation purposes
§ 350.154 Restoration and reclamation by cabinet
§ 350.156 Transfer of jurisdiction of restored land to state agency or sale to political subdivision — Return of money to revolving fund
§ 350.158 Land under bond for restoration not to be acquired
§ 350.161 Acquisition and disposal of land, how governed
§ 350.163 Cabinet may accept state and federal funds — Deposit in State Treasury
§ 350.170 Construction of chapter
§ 350.175 Persons required to comply with requirements of chapter
§ 350.200 Signs to be posted at mining sites
§ 350.230 Conformance to statutes and regulations required, when — Effective date of regulation
§ 350.240 Clay mining regulations
§ 350.245 Permit required to conduct mining for vein minerals — Exemptions
§ 350.250 Complaints of violation — Mandamus — Civil action by person adversely affected by violation — Intervention by cabinet
§ 350.255 Petition for initiation of proceeding for issuance, amendment or repeal of a regulation — Notice — Hearing — Order — Judicial review
§ 350.270 Disposal of coal combustion by-products at surface coal mining operations — Permitting process — Requirements for disposal — Authority for administrative regulations
§ 350.275 Legislative findings and declaration on backstowing and reinjection of coal processing and coal underground development waste
§ 350.280 Easements of necessity to abate certain dangerous violations and for appraisal purposes when access to property denied — When effective — Appraisal and calculation of damages — Independent appraisal by property owner or legal occupant — Payment
§ 350.300 Interstate Mining Compact enacted
§ 350.310 Mining Council — Members — Terms
§ 350.320 Bylaws of Interstate Mining Commission — Where filed
§ 350.405 Restoration of land
§ 350.410 Restoration of approximate original contour
§ 350.415 Soil segregation
§ 350.420 Minimization of the disturbance to hydrologic balance
§ 350.421 Protection of water resources
§ 350.425 Waste used as dams — Jurisdiction over dams
§ 350.430 Explosives
§ 350.435 Vegetation
§ 350.440 Placement of excess spoil
§ 350.445 Steep-slope strip mining — Performance standards — Conditions for disturbing land above highwall for road construction
§ 350.450 Prime farmland — Mountaintop removal — Variance upon written request of surface owner — Technical assistance for small operator — Release of portion of bond
§ 350.455 Water impoundment on mining site
§ 350.460 Financial interest by state employee prohibited
§ 350.465 Permanent regulatory program
§ 350.475 Regulations regarding disturbance of reclaimed permit areas and for transferring liability for reclamation
§ 350.480 Use of simplified procedures for determining restoration of soil productivity on mined prime farmlands
§ 350.485 Promotion of research and data collection on simplified procedures to determine their validity with respect to restoration of soil productivity on mined prime farmlands
§ 350.500 Definitions for KRS 350.500 to 350.521
§ 350.503 Kentucky reclamation guaranty fund
§ 350.506 Reclamation Guaranty Fund Commission — Membership — Bylaws — Meetings — Conflicts of interest — Applicability of Executive Branch Code of Ethics
§ 350.509 Duties of commission
§ 350.512 Office of the Reclamation Guaranty Fund — Duties of executive director
§ 350.515 Mandatory participation in fund — Initial capitalization — One-time assessments — Full-cost bond in lieu of participation
§ 350.518 Permittee to submit permit-specific bond under KRS 350.060(11) — Tonnage fees — Assignment of mine type classification — Inclusion of future permits of existing classification — Inclusion of future permits of existing voluntary bond pool fund me
§ 350.521 Forfeiture of bonds for permits covered by fund — Use of additional moneys when bond insufficient to cover estimated reclamation cost
§ 350.550 Creation of Abandoned Mine Lands Program — Reclamation fund — Use of fund
§ 350.553 Certification of achievement of priorities — Effect of concurrence in certification
§ 350.555 Priorities for expenditure of moneys from fund
§ 350.560 Lands and water eligible for reclamation or drainage abatement expenditures
§ 350.563 Restrictions on use of reclamation project grants
§ 350.565 Authority to submit plans and reports to federal Department of the Interior
§ 350.570 Right of cabinet to enter upon land for reclamation purposes — Acquisition and disposal of land by Commonwealth
§ 350.575 Lien for reclamation
§ 350.580 Reclamation of surface impacts of underground or surface mining
§ 350.585 Emergency restoration and reclamation
§ 350.590 Power of cabinet to administer provisions of Abandoned Mine Lands Program
§ 350.595 Application for inclusion under Abandoned Mine Land Enhancement Program — Coverage under Kentucky reclamation guaranty fund
§ 350.597 Special trust fund
§ 350.600 Legislative findings and intent — Commercial oil shale mining prohibited until adoption of rules and regulations
§ 350.610 Designation of lands as unsuitable for surface coal mining
§ 350.990 Penalties

Terms Used In Kentucky Statutes > Chapter 350

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • applicant: means a person applying for a permit. See Kentucky Statutes 350.010
  • Appraisal: A determination of property value.
  • Appropriation: means an authorization by the General Assembly to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure prescribed in KRS Chapter 48. See Kentucky Statutes 446.010
  • Approximate original contour: means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. See Kentucky Statutes 350.010
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bench: means the ledge, shelf, or terrace formed in the contour method of strip mining. See Kentucky Statutes 350.010
  • Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 350.010
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • Coal combustion by-products: means fly ash, bottom ash, scrubber sludge, and waste from fluidized bed combustion, produced by the combustion of coal. See Kentucky Statutes 350.010
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Degree: when used in this chapter shall mean from the horizontal, and in each case shall be subject to a tolerance of five percent (5%) of error. See Kentucky Statutes 350.010
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lands eligible for remining: means those lands that would otherwise be eligible for expenditures under KRS 350. See Kentucky Statutes 350.010
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Method of operation: means the method or manner by which the cut or open pit is made, the overburden is placed or handled, water is controlled, and other acts are performed by the operator in the process of uncovering and removing the coal. See Kentucky Statutes 350.010
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means calendar month. See Kentucky Statutes 446.010
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Overburden: means material of any nature, consolidated or unconsolidated, excluding topsoil, which lies above a natural deposit of coal and also means the material after removal from its natural state in the process of surface coal mining. See Kentucky Statutes 350.010
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • 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
  • Personal property: All property that is not real property.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Reclamation development fund: means only that reconditioning of land affected by surface mining, which will directly promote and benefit the fund administered by the Kentucky Economic Development Finance Authority to foster economic development on surface mining land. See Kentucky Statutes 350.010
  • Reclamation development plan: means a plan submitted to the cabinet to show compliance with reclamation standards, and submitted to the Kentucky Economic Development Finance Authority to seek moneys from the reclamation development fund for a reclamation development project. See Kentucky Statutes 350.010
  • Reclamation development project: means only that reconditioning of land affected by surface mining, which will directly promote and benefit an economic undertaking which constitutes a project under KRS 154. See Kentucky Statutes 350.010
  • Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have:
    (a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Secretary: means the secretary of the Energy and Environment Cabinet. See Kentucky Statutes 350.010
  • Single Zone Projection: means the Kentucky Single Zone State Plane Coordinate System of 1983, based on the Lambert Conformal map projection with double standard parallels on the North American Datum, as established in 10 KAR 5:010. See Kentucky Statutes 350.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surface coal mining and reclamation operations: means surface coal mining operations and all activities necessary and incident to the reclamation of the operations as required by this chapter. See Kentucky Statutes 350.010
  • Surface coal mining operations: means activities conducted on the surface of lands in connection with a surface coal mine and surface impacts incident to an underground coal mine. See Kentucky Statutes 350.010
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment: when used in a criminal justice context, means targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Venue: The geographical location in which a case is tried.
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Year: means calendar year. See Kentucky Statutes 446.010