405 KAR 1:007. Termination and reassertion of jurisdiction.

 

      RELATES

TO: KRS 350.060, 350.070, 350.085, 350.090, 350.093, 350.100, 350.130, 350.135,

350.200, 350.210, 350.220, 350.405-350.455, 350.465, 30 C.F.R. 700.11(d), 710,

715, 716, 720, 730-733, 735, 917, 30 U.S.C. 1252, 1255, 1265, 1278, 1291

      STATUTORY

AUTHORITY: KRS Chapter 13A, 350.020, 350.028, 350.050, 350.060, 350.465, 30

C.F.R. 700.11(d), 710, 715, 716, 720, 730-733, 735, 917, 30 U.S.C. 1252, 1255,

1265, 1278, 1291

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the

cabinet to promulgate administrative regulations pertaining to surface coal

mining and reclamation operations. This administrative regulation establishes

requirements to terminate the jurisdiction of the cabinet under this chapter

over the reclaimed site of a completed surface coal mining and reclamation

operation, or increment thereof, and to reassert that jurisdiction under

certain conditions.

 

      Section

1. Termination of Jurisdiction. Beginning November 1, 1992, the jurisdiction of

the cabinet under this chapter over the reclaimed site of a completed surface

coal mining and reclamation operation, or increment thereof, shall terminate

when:

      (1)

The cabinet has determined in writing that all requirements imposed under this

chapter and KRS Chapter 350 have been successfully completed; or

      (2)

If a performance bond was required, the cabinet has made a final decision in

accordance with 405 KAR 1:050, Section 11 to release the performance bond

fully. For the purposes of this section, the cabinet's decision to release the

performance bond shall not be final until the time to file administrative and

judicial appeals has expired and all appeals have been resolved.

 

      Section

2. Reassertion of Jurisdiction. (1) If jurisdiction was terminated under

Section 1 of this administrative regulation, the cabinet shall reassert

jurisdiction under this chapter over the site if it is demonstrated that the

bond release decision or written determination referred to in Section 1 of this

administrative regulation was based upon fraud, collusion, or misrepresentation

of a material fact.

      (2)

If the cabinet prior to November 1, 1992, terminated jurisdiction under this

chapter over the reclaimed site of a completed surface coal mining and

reclamation operation, or increment thereof, the cabinet shall reassert

jurisdiction under this chapter over the site if it is demonstrated that the

bond release decision or other determination that led to the termination of

jurisdiction was based upon fraud, collusion, or misrepresentation of a

material fact. (19 Ky.R. 544; Am. 1077; eff. 11-9-92.)