Declaration of Hazard — Authority of Commissioner to Fill or Reclaim. [Contingent Effective Date, See Compiler's notes.]
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The general assembly declares that voids, and open and abandoned tunnels, shafts, auger holes, and entryways resulting from any previous mining operation, constitute a hazard to the public health or safety, and that surface impacts of any underground or surface coal mining and reclamation operation may degrade the environment. The commissioner is authorized to fill voids, seal abandoned tunnels, shafts, auger holes, and entryways, and reclaim surface impacts of underground or surface coal mines that the commissioner determines could endanger life and property, constitute a hazard to public health and safety, or degrade the environment. The commissioner is authorized to carry out this subsection (a) as part of this state's approved abandoned mine reclamation program, as provided for in § 59-8-301.
Funds available for use in carrying out the purpose of this section may include those funds which are allocated to this state under 30 U.S.C. § 1232(g).
In those instances where mine piles are being reworked for environment and conservation purposes, the incremental costs of disposing of the wastes from the operations by using them to fill voids and seal tunnels may be eligible for funding pursuant to this section; provided, that the disposal of these wastes meets the purposes of this section.
The commissioner may acquire by purchase, donation, or otherwise the interest in land that the commissioner determines necessary to carry out this section.