The Energy and Environment Cabinet shall have and exercise the following authority and
powers:
(1) To adopt administrative regulations after a hearing pertaining to surface coal mining
operations including strip mining and the surface effects of underground mining to
accomplish the purposes of this chapter;
(2) To conduct investigations and hearings under provisions of this chapter or
regulations adopted pursuant thereto;
(3) To issue, after an opportunity for a hearing, suspension orders or show cause orders
requiring an operator, permittee, or person to adopt remedial measures that are
necessary to comply with this chapter and administrative regulations adopted
pursuant thereto. Failure to attend a hearing shall be excused for good cause shown;
(4) To issue, after an opportunity for a hearing, a final order imposing civil penalties for
violations of this chapter or directing the Department for Natural Resources to
revoke a permit, when the requirements set forth by the notice of noncompliance,
order of cessation, or an order of the cabinet requiring remedial measures have not
been complied with according to the terms therein. When the secretary or his
authorized representatives determines that a pattern of violations of any
requirements of this chapter or any permit conditions required by this chapter exists
or has existed, and if the secretary or his authorized representatives also find that the
violations are caused by the unwarranted failure of the permittee to comply with any
requirements of this chapter or any permit conditions or that the violations are
willfully caused by the permittee, the secretary or his authorized representative shall
forthwith issue an order to the permittee to show cause as to why the permit should
not be suspended or revoked and shall provide an opportunity for a hearing. Failure
to attend a hearing shall be excused for good cause shown; and
(5) To adopt administrative regulations to allow the state to administer and enforce the
initial and permanent regulatory programs of Public Law 95-87, "Surface Mining
Control and Reclamation Act of 1977." Administrative regulations shall be no more
stringent than required by that law. Nothing in this chapter shall be construed as
superseding, amending, modifying, or repealing any of the acts listed in Section
702(a) of Public Law 95-87, or any administrative regulation promulgated
thereunder.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1875, effective July 15, 2010. --
Amended 2005 Ky. Acts ch. 123, sec. 50, effective June 20, 2005. -- Amended 1992
Ky. Acts ch. 304, sec. 3, effective July 14, 1992; and ch. 429, sec. 2, effective July
14, 1992. -- Amended 1982 Ky. Acts ch. 283, sec. 2, effective April 2, 1982. --
Amended 1980 Ky. Acts ch. 62, sec. 3, effective March 21, 1980. -- Amended 1978
Ky. Acts ch. 330, sec. 15, effective May 3, 1978. -- Amended 1974 Ky. Acts ch. 74,
Art. III, sec. 13(2), (7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 60. --
Amended 1966 Ky. Acts ch. 4, sec. 4. -- Created 1962 Ky. Acts ch. 105, sec. 2 (1),
(2), (3), and (5).
Notes of Decisions
Commonwealth Nat. Resources & Env't Prot. Cabinet v. Kentec Coal Co., 177 S.W.3d 718 (Ky. 2005).
· cites it 4× “I would note at the outset that KRS 350.028 provides, inter alia as follows: The Natural Resources and Environmental Protection Cabinet shall have and exercise the following authority and powers: [[Image here]] (5) To adopt administrative regulations to allow the state to…”
Nat. Resources & Env't Prot. Cabinet v. Kentucky Harlan Coal Co., 870 S.W.2d 421 (Ky. Ct. App. 1993).
· cites it 2× “090, KRS 350.028, 405 KAR 18:140, and 405 KAR 1:010(64) are unconstitutionally overbroad and violate appellee’s due process guarantees, (2) by concluding that appellee was unconstitutionally deprived of its property in violation of the Fifth Amendment, (3) by concluding that the…”
Couch v. Nat. Resources & Env't Prot. Cabinet, 986 S.W.2d 158 (Ky. 1999).
· cites it 2× “” KRS 350.028(4) empowers the cabinet “[t]o issue, after an opportunity for a hearing, a final order imposing civil penalties for violations of this chapter.”
Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997).
“130(1) provides that a permittee’s bond may be forfeited if a reclamation violation is not abated, while KRS 350.028(3) and KRS 350.465(3)(d) authorize the cabinet to order that a permittee undertake certain abatement obligations.”
Com. Nat. Res. & Envir. Prot. v. Kentec, 177 S.W.3d 718 (Ky. 2005).
· cites it 4× “I would note at the outset that KRS 350.028 provides, inter alia, as follows: The Natural Resources and Environmental Protection Cabinet shall have and exercise the following authority and powers: .”
M.L. Johnson Fam. Props., LLC v. Zinke, 298 F. Supp. 3d 1014 (E.D. Ky. 2018).
· cites it 2× “Ky. Rev. Stat. § 350.028(5) ("Administrative regulations shall be no more stringent than required by [SMCRA].”
Baker v. Blackhawk Mining, LLC (E.D. Ky. 2024).
“” See KRS 350.028(4). Following the issuance of a Notice, a permittee may file a petition for review with the Office of Administrative Hearings.”
Swatzell v. Nat. Resources & Env't Prot. Cabinet, 996 S.W.2d 500 (Ky. 1999).
“[Swatzell’s argument] begins with citation to KRS 350.028(3) which empowers the Cabinet: (3) To issue, after an opportunity for a hearing, suspension orders or show cause orders requiring an operator, permittee, or person to adopt remedial measures that are necessary to comply…”
— Ky. Rev. Stat. § 350.028(2) — 1 case
— Ky. Rev. Stat. § 350.028(3) — 2 cases
Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997).
“130(1) provides that a permittee’s bond may be forfeited if a reclamation violation is not abated, while KRS 350.028(3) and KRS 350.465(3)(d) authorize the cabinet to order that a permittee undertake certain abatement obligations.”
Swatzell v. Nat. Resources & Env't Prot. Cabinet, 996 S.W.2d 500 (Ky. 1999).
“[Swatzell’s argument] begins with citation to KRS 350.028(3) which empowers the Cabinet: (3) To issue, after an opportunity for a hearing, suspension orders or show cause orders requiring an operator, permittee, or person to adopt remedial measures that are necessary to comply…”
— Ky. Rev. Stat. § 350.028(4) — 4 cases
Couch v. Nat. Resources & Env't Prot. Cabinet, 986 S.W.2d 158 (Ky. 1999).
“” KRS 350.028(4) empowers the cabinet “[t]o issue, after an opportunity for a hearing, a final order imposing civil penalties for violations of this chapter.”
Baker v. Blackhawk Mining, LLC (E.D. Ky. 2024).
“” See KRS 350.028(4). Following the issuance of a Notice, a permittee may file a petition for review with the Office of Administrative Hearings.”
— Ky. Rev. Stat. § 350.028(5) — 6 cases
Commonwealth Nat. Resources & Env't Prot. Cabinet v. Kentec Coal Co., 177 S.W.3d 718 (Ky. 2005).
“I would note at the outset that KRS 350.028 provides, inter alia as follows: The Natural Resources and Environmental Protection Cabinet shall have and exercise the following authority and powers: [[Image here]] (5) To adopt administrative regulations to allow the state to…”
Couch v. Nat. Resources & Env't Prot. Cabinet, 986 S.W.2d 158 (Ky. 1999).
“” KRS 350.028(4) empowers the cabinet “[t]o issue, after an opportunity for a hearing, a final order imposing civil penalties for violations of this chapter.”
Com. Nat. Res. & Envir. Prot. v. Kentec, 177 S.W.3d 718 (Ky. 2005).
“I would note at the outset that KRS 350.028 provides, inter alia, as follows: The Natural Resources and Environmental Protection Cabinet shall have and exercise the following authority and powers: .”
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