Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
350.151,
350.465
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
350.465 authorizes the cabinet to promulgate
administrative regulations to establish environmental protection performance
standards for all surface coal mining and reclamation operations. This
administrative regulation establishes certain performance standards for
underground only permits.
Section 1.
Coal Recovery. Underground only mining activities shall be conducted to
maximize the utilization and conservation of the coal, while utilizing the best
appropriate technology currently available to maintain environmental
integrity.
Section 2. Permanent
Abandonment of Operations.
(1) Notice
required. On or before the date of permanent abandonment of underground only
operations, the permittee shall provide written notice to the cabinet that
permanent abandonment is intended.
(2) Prior to permanent abandonment, and prior
to removal of necessary equipment from the site, all affected areas shall be
closed, in accordance with the requirements of KRS Chapter 350, the
administrative regulations of KAR Title 405, and the permit.
Section 3. Temporary Cessation of
Operations.
(1) Notice required. Prior to a
temporary cessation of operations that the permittee intends to last for thirty
(30) days or more, or as soon as it is known to the permittee that an existing
temporary cessation will last beyond thirty (30) days, the permittee shall
provide written notice to the cabinet that temporary cessation is anticipated.
The notice shall state to what extent equipment will be removed from the site
during the temporary cessation, and shall state the approximate date on which
the permittee intends that operations will be resumed.
(2) Temporary cessation shall not relieve a
permittee of the obligation to comply with the surface and groundwater
monitoring requirements of
405 KAR
18:110, and the obligation to comply with all
applicable conditions of the permit during the cessation.
(3) During temporary cessations, equipment
and facilities necessary to environmental monitoring or to compliance with
performance standards shall be made secure to the extent practicable.
STATUTORY AUTHORITY:
KRS 350.028,
350.151,
350.465
