A KFTC Platform on Mining Issues

Kentuckians For The Commonwealth is a grassroots social justice organization with more than 2,000 members statewide. Our membership represents the broad geographic, racial, and income diversity of Kentucky. Together we are committed to winning meaningful and lasting economic, political and social changes through non-violent action and the empowerment of people.

Over the past 20 years, KFTC has worked on many issues related to abusive coal mining practices. We made the coal companies who own vast mineral wealth of eastern Kentucky pay their fair share of taxes to support local schools and community services. We stopped the coal industry from using "broad form deeds" to strip-mine people's land without their consent. We helped to form the Citizens Coal Council, a national organization of more than 50 groups in all coal producing states and tribal lands. And, together with our allies, we've won substantial improvements in federal and state surface mining laws and regulations.

KFTC has also helped residents in hundreds of coalfield communities to organize for justice. With support from KFTC, citizens have stopped coal companies from mining illegally; challenged unwise mining permits; won water lines for communities whose wells were destroyed by mining; and achieved numerous agreements to address flooding, blasting, noise, dust and other concerns.

Despite these victories, the rate and scale of destruction caused by mining is on the rise. The time has come to demand fundamental changes in the way that mining is done. The following platform describes the changes KFTC believes are necessary to ensure that Kentucky's environment, economy and quality of life are protected from the destructive forces of an outlaw coal industry.

1. OBEY AND ENFORCE EXISTING LAWS.
We demand full compliance and enforcement of the federal Surface Mining Control and Reclamation Act (SMCRA), Clean Water Act (CWA), National Environmental Policy Act (NEPA), and other laws by coal companies and regulatory agencies. Specifically, this means:

End the "culture of non-enforcement" and disrespect for communities within state and federal mining agencies.

• End the routine use of "waivers and variances" which allow coal companies to avoid provisions of the law meant to prevent blasting damage, fly-rock, flooding, dust, destruction of drinking water, destruction of streams, subsidence damage and improper reclamation.
• Fully enforce laws that require coal companies to reclaim land to its "approximate original contour," reclaim as they mine (not after), reclaim to conditions that support a genuine "higher and better use" and restore top-soil and native trees.
• End the practice of allowing companies to pay small fines instead of fixing or preventing violations.
• Increase opportunities for meaningful citizen participation at all levels of the permitting and enforcement process.
• Increase funding for vigorous enforcement by the Office of Surface Mining and oppose the rollback of authority and funds for agencies that protect the environment, landowners and communities.

End the "culture of non-compliance" and disregard for communities within the coal industry.

• Vigorously expose and hold accountable individuals and companies who are bad-actors, who have outstanding violations and bond forfeitures, and who continue to demonstrate patterns of violation.
  
• Stop allowing companies to buy their way out of trouble. Demand that they fix or prevent problems.
  
• Demand greater respect for and investment in local communities from coal companies.

End the illegal and immoral use of valley fills and slurry ponds which violate the Clean Water Act.

• Protect and expand the federal court ruling, won in May of 2002, that valley fills are a violation of the Clean Water Act.
  
• Pass federal legislation to strengthen and clarify the Clean Water Act, and prevent attempts to weaken this landmark legislation.

Improve the water quality in Kentucky and protect ground and surface waters from further degradation from coal mining and processing.

• Demand full enforcement of the Clean Water Act by all mining regulatory agencies.
• Vigorously enforce laws to prevent black water discharges, acid mine drainage, loss and contamination of drinking water, flooding and other harm to water resources caused by mining.
  
• Vigorously enforce laws that require consideration of the "cumulative impacts" of mining on water resources.
  
• Increase federal funding for the Abandoned Mine Lands (AML) program, especially to support the development of water lines and address problems with acid mine drainage.

Ensure that the "broad form deed" amendment to the Kentucky Constitution, which protects the rights of surface owners, is fully enforced by all levels of government.

2. STRENGTHEN STATE AND FEDERAL MINING LAWS AND REGULATIONS.
We will work to create and enact additional laws and regulations to ensure full protection of human safety and the environment, communities and quality of life from coal mining. Specifically, this means:

Pass a moratorium on the creation of new slurry ponds.

End the use of mountain top removal coal mining.

Make it impossible for a minority owner of undivided property to allow the sale, leasing or mining of land or minerals against the wishes of the majority of owners.

End the damage to homes, wells and quality of life caused by excessive blasting at mine sites.

• Overturn federal and state blasting regulations that are totally inadequate and fail to achieve the goals of the 1977 Surface Mine Control and Reclamation Act.
• Pass legislation to stop the Kentucky Department of Mines and Minerals from granting coal companies "blasting waivers." These waivers allow companies to use up to 250,000 pounds of explosives in a single blast, more than five times the recommended limit of 40,000 pounds.

Strengthen laws designed to prevent companies from operating if they demonstrate a "pattern of violation."

Overturn state laws allowing dangerously overweight coal trucks to threaten the lives of other travelers and destroy state and county roads.

• Pass legislation to lower the legal weight limits on coal trucks to 80,000 pounds and raise the fines for violations of this law.
• Increase enforcement of weight limits and other requirements including the use of tarps on coal trucks.
• Increase the penalties and enforcement on companies that load trucks with illegally heavy loads.

Elect and hold accountable people who will strengthen and protect mining and water quality laws.

• Expose connections between the coal industry and non-responsive public officials.
• Expose positions taken (and not taken) by elected officials related to mining and water quality.

3. CREATE A JUST, SUSTAINABLE POST-COAL ECONOMY.
We will work to create a just economy that sustains communities, families and individuals, and protects resources for the future. Specifically, this means

Support effective and efficient community services through an equitable, fair and progressive tax structure.

• Ensure continued collection and return of coal severance taxes to the coal regions.
• Ensure the fair taxation of unmined minerals.

Win public support for and investment in the creation of a sustainable forestry industry [non-timber and wood products] in Kentucky that relies on ecologically sound forest management.

• Change the definition of "sustainability" that the state currently uses.
• Pass a new law that a) requires commercial loggers to file a "notice of intent" to log, b) limits hardwood cutting, and c) provides tax incentives for landowners who adopt slow cutting and sustainable forest management plans.
• Ensure the use of best management practices on public and private forest lands.

Protect public lands from destructive forms of mineral extraction and commercial logging.

• End commercial logging and the mining of federal coal in the Daniel Boone National Forest.
• Oppose further fragmentation of the Daniel Boone National Forest caused by new roads.
• Promote "ecosystem-based" forest management in the Daniel Boone National Forest that will benefit local communities and the environment.

Oppose environmental racism and classism, the practice of locating polluting industries and waste sites near low-income and minority communities where people are least able to fight back.

4. REDUCE OUR NATION'S RELIANCE ON COAL, OIL, AND OTHER FOSSIL FUELS.
Specifically, this means:
Promote the development and use of efficient and renewable energy sources.

• Increase requirements for energy efficiency in all state buildings and facilities.
• Increase tax incentives to reward investments in energy efficiency.
• Increase public investments in the development of alternative, renewable energy sources such as solar, wind, and small hydro-electric dams.
• Increase funding for public education campaigns that promote energy efficiency.

Document and expose the "true costs of coal."

• Research and document the real costs of coal mining to Kentucky's environment, communities, tax base, infrastructure, health system, economy and quality of life.
• Develop meaningful ways to make coal companies accountable for the damage done to our state and communities.