405 KAR 1:051.
RELATES TO: KRS
AND CONFORMITY: KRS 350.060 requires the Environmental and Public Protection
Cabinet to adopt reasonable bonding administrative regulations to cover the
cost of reclamation instant to the strip mining of coal. This administrative
regulation sets forth procedures and requirements related to the incremental
bonding of such permits for surface mining permits.
Incremental Bonding. (1) A surety satisfactory to the cabinet may be
considered, in the discretion of the cabinet, a bond payable in a penal sum to
the cabinet to be determined by the cabinet incrementally; provided that any
applicant shall, as a permit condition, file with the cabinet pursuant to 405
KAR 1:050 a backfilling and grading plan, a plan for handling waste materials
and a revegetation plan sufficient to indicate to the cabinet that the
applicant will follow the proposed method of operation and other requirements
as set forth by the cabinet.
(2) Bonds issued
pursuant to subsection (1) of this section shall be determined by taking into
consideration the character and nature of the overburden, the future suitable
use of the land involved and the cost of backfilling, grading, and reclamation
to be required; provided that the applicant shall identify as part of his plan
of operation increments of area of land affected on which he will conduct his
operation; and provided further that the applicant shall confine his operations
to the identified and bonded increments at all times while operations are
conducted on the site.
(3) For purposes of
posting the incremental bonds pursuant to subsections (1) and (2) of this
section, the cabinet shall propose, and the applicant shall agree to, the
posting of each additional incremental bond as operations are conducted on each
subsequent increment on the site. The cabinet shall publish from time to time
procedures and documents to implement this administrative regulation.
(4) The total amount
of bond in effect during an operation as set pursuant to this administrative
regulation shall at all times be sufficient to reclaim the total disturbed
area; provided that the total bond in effect shall be applicable to the total
disturbed area and adequate to cover the cost of reclamation of the total
disturbed area. (6 Ky.R. 377; eff. 2-6-1980; TAm eff. 8-9-2007.)