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AN ACT relating to natural resources. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 350.028 is amended to read as follows: 3
The Energy and Environment Cabinet shall have and exercise the following authority and 4
powers: 5
(1) To adopt administrative regulations after a hearing pertaining to surface coal 6
mining operations including strip mining and the surface effects of underground 7
mining to accomplish the purposes of this chapter; 8
(2) To conduct investigations and hearings under provisions of this chapter or 9
regulations adopted pursuant thereto; 10
(3) To issue, after an opportunity for a hearing, suspension orders or show cause orders 11
requiring an operator, permittee, or person to adopt remedial measures that are 12
necessary to comply with this chapter and administrative regulations adopted 13
pursuant thereto. Failure to attend a hearing shall be excused for good cause shown; 14
(4) To issue, after an opportunity for a hearing, a final order imposing civil penalties 15
for violations of this chapter or directing the Department for Natural Resources to 16
revoke a permit, when the requirements set forth by the notice of noncompliance, 17
order of cessation, or an order of the cabinet requiring remedial measures have not 18
been complied with according to the terms therein. When the secretary or his or her 19
authorized representatives determines that a pattern of violations of any 20
requirements of this chapter or any permit conditions required by this chapter exists 21
or has existed, and if the secretary or his or her authorized representatives also find 22
that the violations are caused by the unwarranted failure of the permittee to comply 23
with any requirements of this chapter or any permit conditions or that the violations 24
are willfully caused by the permittee, the secretary or his or her authorized 25
representative shall forthwith issue an order to the permittee to show cause as to 26
why the permit should not be suspended or revoked and shall provide an 27 UNOFFICIAL COPY 24 RS BR 2242
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opportunity for a hearing. Failure to attend a hearing shall be excused for good 1
cause shown; and 2
(5) To adopt administrative regulations to allow the state to administer and enforce the 3
initial and permanent regulatory programs of Public Law 95-87, "Surface Mining 4
Control and Reclamation Act of 1977." Administrative regulations shall be no more 5
stringent than required by that law. Nothing in this chapter shall be construed as 6
superseding, amending, modifying, or repealing any of the acts listed in Section 7
702(a) of Public Law 95-87, or any administrative regulation promulgated 8
thereunder. 9