Ky. Rev. Stat. » Chapter 350

Ky. Rev. Stat. § 350.020

Declaration of legislative policy and finding of fact

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The General Assembly finds that the Commonwealth is the leading producer of coal and that the production of coal in Kentucky contributes significantly to the nation's energy needs. The General Assembly further finds that unregulated surface coal mining operations cause soil erosion, damage from rolling stones and overburden, landslides, stream pollution, the accumulation of stagnant water and the seepage of contaminated water, increase the likelihood of floods, destroy the value of land for agricultural purposes, destroy aesthetic values, counteract efforts for the conservation of soil, water and other natural resources, destroy or impair the property rights of citizens, create fire hazards, and in general create hazards dangerous to life and property, so as to constitute an imminent and inordinate peril to the welfare of the Commonwealth. The General Assembly further finds that lands that have been subjected to surface coal mining operations and have not been reclaimed and rehabilitated in accordance with modern standards constitute the aforementioned perils to the welfare of the Commonwealth. The General Assembly further finds that there are wide variations in the circumstances and conditions surrounding and arising out of surface coal mining operations due primarily to difference in topographical and geological conditions, and by reason thereof it is necessary, in order to provide the most effective, beneficial and equitable solution to the problem, that a broad discretion be vested in the authority designated to administer and enforce the regulatory provisions enacted by the General Assembly. The General Assembly further finds that governmental responsibility for regulating surface coal mining operations rests with state government and hereby directs the Energy and Environment Cabinet to take all actions necessary to preserve and exercise the Commonwealth's authority, to the exclusion of all other governmental entities except the Commonwealth and agencies thereof and except as provided in KRS Chapter 100. Therefore, it is the purpose of this chapter to provide such regulation and control of surface coal mining operations as to minimize or prevent injurious effects on the people and resources of the Commonwealth. To that end, the cabinet is directed to rigidly enforce this chapter and to adopt whatever administrative regulations are found necessary to accomplish the purpose of this chapter. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 85, sec. 1, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 24, sec. 1874, effective July 15, 2010. -- Amended 1988 Ky. Acts ch. 253, sec. 1 and ch. 374, sec. 1, effective July 15, 1988. -- Amended 1980 Ky. Acts ch. 62, sec. 2. -- Amended 1978 Ky. Acts ch. 332, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 59. -- Amended 1966 Ky. Acts ch. 4, sec. 2. -- Amended 1964 Ky. Acts ch. 61, sec. 2. -- Created 1954 Ky. Acts ch. 8, sec. 2. Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 85, sec. 2 provides that the amendments made to this statute in that Act shall not relate to permit actions or bonds required thereby in effect prior to the Act's effective date, which was June 24, 2015.

Notes of Decisions
Cited in 19 cases, 1968–2018 · leading case: Cumberland Valley Contractors, Inc. v. Bell County Coal Corp.
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Cumberland Valley Contractors, Inc. v. Bell County Coal Corp. (2007) ky “Reading the clear language of these findings, it is apparent that the legislature mainly intended to protect the safety of miners; although, it also identified continuing economic security of the coal mining industry as another goal in enacting underground mining regulations.…”
Nancy J. McCarty v. Covol Fuels No. 2, LLC a Utah Corporation (2015) ky · cites it 2× “KRS 350.020 Although KRS Chapter 350 (titled “Surface Coal Mining) is not specifically included within the Sixth Circuit’s certified question, the Estate cites KRS 350.”
Martin v. Kentucky Oak Mining Company (1968) kyctapphigh · cites it 2× “The public policy of the state of Kentucky was accurately expressed by the Legislature in KRS 350.020, from which I quote: "The General Assembly finds that the unregulated strip mining of coal causes soil erosion, stream pollution, the accumulation of stagnant water and the…”
Collins v. Commonwealth Natural Resources & Environmental Protection Cabinet (1999) ky · cites it 3× “KRS 350.020 states that the purpose of KRS Chapter 350 is to regulate and control coal mining operations so as to minimize any injurious effects on the Commonwealth’s citizens and resources.”
Department for Natural Resources & Environmental Protection v. Stearns Coal & Lumber Co. (1978) ky “These considerations were clearly expressed by the General Assembly in KRS 350.020. The legislature determined that unregulated strip mining conducted with no regard for its effect upon the land constitutes a litany of hazards to the environment, resources and the people of the…”
Natural Resources & Environmental Protection Cabinet v. Kentucky Harlan Coal Co. (1993) kyctapp · cites it 2× “However, as noted in KRS 350.020, concerns relating to surface coal mining and its byproducts are not limited to the effects of pollution-producing materials.”
Energy Environment Cabinet, Division of Forestry, Commonwealth v. Robinson (2012) kyctapp · cites it 2× “KRS 350.020 states that the purpose of KRS Chapter 350 is to regulate and control coal mining operations so as to minimize any injurious effects on the Commonwealth’s citizens and resources.”
Bickford v. Lodestar Energy, Inc. (In Re Lodestar Energy, Inc.) (2004) kyed · cites it 2× “KRS § 350.020. Thus, the General Assembly stated as its purpose in enacting the reclamation provisions in Chapter 350 "[to] provide such regulation and control of surface coal mining operations as to minimize or prevent injurious effects on the people and resources of the…”
Collins v. COM. OF KY. NAT. RESOURCES (1999) ky · cites it 3× “To this end, the Cabinet is directed to enforce the law rigidly and to adopt whatever administrative regulations are necessary to accomplish the chapter's purposes.”
Department for Natural Resources & Environmental Protection v. No. 8 Ltd. of Virginia (1975) kyctapphigh “KRS 350.020. The apposite portions of KRS 350.”
Natural Resources & Environmental Protection Cabinet v. Whitley Development Corp. (1997) kyctapp “KRS 350.020 in no uncertain terms directs the cabinet to regulate and control surface mining activities so as to minimize any resulting injury to people and resources, to rigidly enforce the surface mining statutes, and to adopt whatever administrative regulations are found to…”
Kentucky, Natural Resources Cabinet v. Daniels (In Re Daniels) (1991) kyed · cites it 2× “Section 350.020. Thus, Kentucky law would appear to define the Commonwealth as an entity which can be damaged by one who surface mines coal.”
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