350.560 Lands and water eligible for reclamation or drainage abatement

554 words·~3 min read·/ky/350-560

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

expenditures.

(1)Lands and water eligible for reclamation or drainage abatement expenditures under

the Abandoned Mine Lands Program are those which were mined for coal or which

were affected by coal mining, wastebanks, coal processing, or other coal mining

processes, and were abandoned or left in an inadequate reclamation status prior to

August 3, 1977, and for which there is no continuing reclamation responsibility

under the provisions of this chapter. Surface coal mining operations on lands

eligible for remining shall not affect the eligibility of those lands for reclamation

and restoration under this chapter after the release of the bond or deposit for a

remining operation as provided under KRS 350.093. In the event the bond or

deposit for a surface coal mining operation on lands eligible for remining is

forfeited, funds available under this chapter may be used if the amount of the bond

or deposit is not sufficient to provide for adequate reclamation or abatement, except

that if conditions warrant the cabinet shall immediately exercise its authority under

KRS 350.585.

(2)If the cabinet determines that the reclamation priority, under the priorities of KRS

350.555(1) and (2), of a site is the same or more urgent than the priority of sites

under subsection

(1)of this section, the following sites shall also be eligible for

reclamation or drainage abatement expenditures:

(a)Unreclaimed sites which were mined for coal or which were affected by coal

mining, waste banks, coal processing, or other mining processes and left in an

inadequate reclamation status during the period beginning August 4, 1977,

and ending May 18, 1982, for which the bond, or other form of financial

guarantee, was insufficient to provide adequate reclamation or abatement of

the site; or

(b)Unreclaimed sites which were mined for coal or which were affected by coal

mining, waste banks, coal processing, or other coal mining processes and left

in an inadequate reclamation status during the period beginning on August 4,

1977, and ending on or before November 5, 1990, where the surety for the

permittee became insolvent during the period, and as of November 5, 1990,

funds immediately available from proceedings relating to the insolvency, or

from other sources have been insufficient to provide for adequate reclamation

and abatement at the site.

(3)Sites under subsection

(2)of this section in the immediate vicinity of a residential

area or which have an adverse economic impact upon a local community shall be

given priority.

(4)Funds allocated to the Commonwealth through annual grants from the Secretary of

the Interior may be expended for the purposes of protecting, repairing, replacing,

constructing, or enhancing facilities relating to water supply, including water

distribution facilities and treatment plants, to replace water supplies adversely

affected by coal mining practices. If the adverse effect on water supplies referred to

in this subsection occurred both prior to and after August 3, 1977, subsections

and

(2)of this section shall not be construed to prohibit use of funds for the

purposes of this subsection, if the adverse effects occurred predominantly prior to

August 3, 1977.

(5)Where the Governor has made a certification under KRS 350.553 and the Secretary

of the Interior has concurred in the certification, the reclamation categories of KRS

350.553(2) shall take effect, supplanting the categories of subsections (1), (2), and

(4)of this section.