RELATES TO:
KRS
350.010(2),
350.240,
350.300
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part, requires the cabinet to promulgate administrative regulations
pertaining to noncoal mineral operations to minimize their adverse effects on
the citizens and the environment of the Commonwealth. This administrative
regulation sets forth general provisions which apply to this chapter with
regard to applicability, conflicting provisions, severability, obligations of
mineral permittees, and the need for a preliminary walk.
Section 1. Applicability.
(1) This administrative regulation designates
405 KAR Chapter 5 as applicable to mineral operations and any lands used,
disturbed or redisturbed, in connection with, or to facilitate those mineral
operations, or any other activity related to mineral operation development
conducted on or after the effective date of these administrative
regulations.
(2) Mineral operations
subject to 405 KAR Chapter 5, include: mining of limestone and dolomite; mining
of sand and gravel, surface disturbance of dredging of river or creek sand and
gravel; mining of clay; mining of fluorspar and other vein minerals. Mineral
operations include the surface disturbance of underground mining as well as
strip mining.
(3) Except for the
provision of Section 4(2) of this administrative regulation, 405 KAR Chapter 5
does not apply to the mining of coal.
Section 2. Conflicting Provisions. The
provisions of 405 KAR Chapter 5 are to be construed as being compatible and
complimentary with each other. If provisions within this chapter are found to
be contradictory, the more stringent provisions shall apply.
Section 3. Severability. If any provision or
administrative regulation of 405 KAR Chapter 5 is found to be invalid, the
remaining provisions of this chapter shall not be affected nor diminished
thereby.
Section 4. General
Obligations of Persons Engaged in Mineral Operations.
(1) No person shall engage in a mineral
operation or related activity without having obtained from the cabinet, a
permit for the mineral being mined, as required and described under 405 KAR
5:030.
(2) No person shall remove
and commercially use or sell coal from a mineral operation except where an
exemption has been obtained under
405
KAR 7:035.
(3) A person engaged in a mineral operation,
shall not throw, pile, dump, or permit, the throwing, piling, dumping, or
otherwise placing of any: overburden, stones, rocks, shale, earth, soil; dirt,
debris, trees, wood, logs, or any other materials or substances of any kind or
nature beyond or outside of the area of land which is under permit; or push
materials over outslopes in such a way that normal erosion or slides brought
about by natural, physical, changes will permit the materials to go beyond or
outside of the area of land, which is under permit.
(4) A person engaged in a mineral operation
shall not engage in any activities, which will result in a condition or
constitute a practice that, creates an imminent danger to the health or safety
of the public.
(5) A person engaged
in a mineral operation shall not engage in any activities which will result in
a condition or constitute a practice that, causes or can reasonably be expected
to cause significant, imminent environmental harm, to land, air, or water
resources.
(6) Mineral operations
shall be conducted in a manner which minimizes damage, destruction, or
disruption of services provided by oil, gas, and water wells; oil, gas, and
coal slurry pipelines; rail-roads; electric and telephone lines; and water and
sewage lines which pass over, under, or through the mineral operation, unless
otherwise approved by the owner of these facilities and the cabinet.
(7) Upon development of any emergency
conditions which threaten the life, health, or property of the public, a person
engaged in a mineral operation shall immediately notify the person or persons
whose life, health, or property are so threatened; shall take all reasonable
actions to eliminate the condition creating the emergency, and shall
immediately provide notice of the emergency conditions to the division, to
local law enforcement officials, and to local government officials. Any
emergency action taken by a person engaged in a mineral operation, pursuant to
this paragraph, shall not relieve that person of other obligations under this
chapter or of obligations under other applicable local, state, or federal laws
and regulations.
(8) Compliance
with the requirements of this chapter does not relieve any person engaged in a
mineral operation from compliance with other applicable administrative
regulations of the cabinet and other agencies.