Current through the 2024 Regular Session
It is the purpose of this chapter:
(a) To assume for the state exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state under Section 503 of the federal act;(b) To develop, implement and enforce a program which, at a minimum, will achieve the purposes of the federal act and the regulations promulgated under that act;(c) To assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from those operations;(d) To assure that surface coal mining operations are not conducted where reclamation as required by this chapter is not feasible;(e) To assure that surface coal mining operations are conducted in a manner protective of the environment;(f) To assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;(g) To assure that appropriate procedures are provided for public participation in the development, revision and enforcement of regulations, standards, reclamation plans or programs established by the state under this chapter;(h) To assure that the coal supply essential to the energy requirements of the state and nation and to their economic and social well-being is provided, and to strike a balance between protection of the environment and agricultural productivity and the need of the state and nation for coal as an essential source of energy; and(i) To, wherever necessary, exercise the full reach of state constitutional powers to insure the protection of the public interest through effective control of surface coal mining operations.Laws, 1979, ch. 477, § 3; Laws, 1997, ch. 306, § 5, eff. 3/10/1997.