405 KAR 1:051.

Incremental bonding.

 

      RELATES TO: KRS

350.060

      STATUTORY AUTHORITY:

KRS 350.028

      NECESSITY, FUNCTION,

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.

 

      Section 1.

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.)