Kansas Administrative Code

Maintenance contract. (a) Each applicant for financial assistance shall sign form SCC/NPS-3 entitled “non-point source pollution control program application/contract for financial assistance.” (b) The applicant shall agree to maintain the practice according to recommended mainte-…

On-site wastewater system. (a) TheminimumstandardsestablishedbytheKDHE for design and construction of on-site wastewater systems outlined in KDHE bulletin 4-2, as in ef- fect in March 1997, and the “environmental health handbook,” written by the KDHE, Kansas state university coop…

Abandoned water well plug- ging. (a) Any individual plugging abandoned water wells to control non-point source pollution 590 DEPARTMENT OF AGRICULTURE—DIVISION OF CONSERVATION 11-7-14 and receiving state financial assistance shall follow KDHE rules and regulations. (b) Financial …

Livestock waste control systems. (a) Only minimum pollution control measures shall be eligible for financial assistance. (b) Expansion costs of a livestock waste control system requiring a design that accommodates more animal units than currently exist shall not be eligible for f…

Petition for reconsideration. (a) A landowner who has been denied cost-share funding may appeal an adverse decision of the dis- trict by filing a petition for reconsideration. (b) The petition for reconsideration shall be submitted in writing to the commission within 30 days afte…

Special projects. (a) Funds may be withheld by the commission from the annual appropriation, and funds released by the districts may be reserved by the commission for the pur- pose of contributing to special projects that the 591 Land Reclamation Program 11-8-4 commission conside…

Local non-point source pollution management plan. (a) The conservation district responsibility, with assistance from sponsors or cosponsors, shall be to coordinate the develop- ment and submission of a comprehensive local non-point source pollution management plan. Local, state, …

Project work plan.(a)Theconserva- tion district shall coordinate the development and submission of a project work plan to request funds for a new or significantly modified existing project work plan to implement all or part of an approved management plan, or to report the impleme…

Project work plan amendment. (a) An amendment to the project work plan may be submitted to the commission for review. (b) An amendment that involves a funding in- crease and is approved shall be funded from avail- able non-point source pollution control funds. (c) An amendment th…

Allocation of non-point source pollution control funding. (a) When funds are available, any district with an approved local non-point source management plan shall annu- ally request from the commission NPS funding for new and existing project work plans to imple- ment specific el…

Contract funds. (a) The state con- tractshallprovideforthedistributionofnon-point source pollution technical assistance, information, and education or nonfinancial assistance funds. (b) A one-time advance of the annual allocation of either technical assistance or information and …

Conservation district program. Each participating conservation district board of supervisors shall develop and submit to the com- mission for approval, using commission-prescribed forms, the district’s fiscal year financial assistance program under the following provisions: (a) T…

Financial assistance contract. (a) Each request for a financial assistance payment submitted by the district shall be recommended for approval by the conservation district board of supervisors or its designee and duly recorded in the minutes of the regularly scheduled board meeti…

Final payment. Final disbursement of funds due on the contract shall be made upon submission of request for payment on forms pre- scribed by the commission. Certification that the project is complete and that it meets all the re- quirements of the contract shall be required be- f…

Definitions. In addition to the terms defined in K.S.A. 49-603, the following terms shall be defined as set out below. (a) “Site” means a tract or consolidated tracts of land which can be de- scribed by the operator as a single operating unit. (b)“Newsite”meansanareathathasorwill…

Mining license renewal. (a) Each operator licensed by the director under K.S.A. 49- 605 shall renew the mining license annually until all sites registered by that person have been prop- erly reclaimed or transferred to another licensed operator. The mining license renewal fee, ex…

Initial site registration. (a) Each person, business, corporation, or political subdi- vision of the state of Kansas that engages in or in- tends to engage in operating a surface mine shall register the site with the director. In addition to the application requirements of K.S.A.…

Site registration renewal. (a) Each site registration shall be renewed annually. Each applicant for renewal of a site registration shall submit the renewal form to the director within 30 days before the expiration date of the registration. 592 DEPARTMENT OF AGRICULTURE—DIVISION O…

Annual report. (a) An annual report of mining operations for each registered site shall be submitted to the director within 30 days of the site registration expiration. The report, in addition to information required by K.S.A. 49-612(a), and amendments thereto, shall include: (1)…

Reclamation plan. (a) A reclama- tion plan shall be completed for each registered site and submitted with the initial registration ap- plication. The plan shall include the following: (1) a legal description of where the site is locat- ed including the nearest quarter quarter sec…

Reclamation requirements. Recla- mation of affected lands shall meet the following standards, in addition to the standards listed in K.S.A. 49-611, and amendments thereto. (a) Af- fected lands shall be graded to allowable slopes within six months after filing the final report for…

Bond or other security. (a) Each applicant for registration of a surface mining site shall file a bond or other security with each appli- cation in the following amounts: (1) $400 per affected acre, for sand and gravel mining operations; (2) $600 per affected acre, for all other …

Definitions. (a) “Buffer” is a strip or area of land maintained in permanent vegetation to help reduce potential pollution problems and achieve other conservation objectives. Buffers are appropriately installed along streams to enhance water quality. (b) “Commission” means the st…

Petition for reconsideration. (a) A landowner who has been denied cost-share funding may request a reconsideration of a district decision by filing a petition for reconsideration. (b) The petition for reconsideration shall be submitted in writing to the commission within 30 days …

Eligible areas. All land within a TMDL high priority area or a designated priori- ty area within the state of Kansas as determined by the commission shall be eligible for the ini- tiative. (Authorized by and implementing K.S.A. 2000 Supp. 2-1915, as amended by L. 2001, Ch. 64, Se…

Eligible applicants. Any individual, owner, or operator, excluding state units of gov- ernment, who is eligible for CRP and owns land within the eligible area shall be eligible for the initiative. Applicants who are ineligible for CRP may be eligible under the initiative if all s…

Eligible practices. Practices that shall be eligible for incentive payments are filter strips and riparian forest buffers. Payments made through the buffer initiative shall be in addition to any CRP payments received by each applicant. (Authorized by and implementing K.S.A. 2-191…

Annual payments; exception. (a) Payments shall be made on an annual basis coin- ciding with federal payments for the purpose of providing an incentive to enroll in the CRP for 10 to 15 years, except as specified in subsection (e). (b) Incentive payments shall not exceed the fol- …

Contracts. Each contract shall be for no fewer than 10 years and no more than 15 years. Funding for contracts shall be subject to annual appropriations from the state legislature and may be canceled if the funding is not renewed after the first year. (Authorized by and implementi…

Selection. Eligible applicants shall be approved for funding by the SCC and accord- ing to criteria developed by the director. These criteria may include the following: (a) The amount of existing vegetation; (b) the size of the area offered; (c) the type of vegetation offered; (d…

Haying and grazing. If authorized by the CRP, haying, grazing, or both may occur without penalty under the state contract. A non- CRP participant shall be allowed to hay or graze a filter strip without penalty after development of a grazing management plan developed in cooper- at…

Termination. If the federal CRP is terminated by the FSA for any contract violation or for any other reason, the state contract may also be canceled. A refund of incentive payments earned may be required at the commission’s discretion. A refund of incentive payments may be requir…

Definitions. (a) Act—The term “act” shall refer to the agricultural labor relations act, K.S.A. 44-818 et seq., and amendments. Terms used in these rules shall have the same meaning as defined in the act unless their context clearly indicates otherwise. (b) Computation of time—Wh…

Scope. (a) Waiver—In the event that the application of these rules would not be fea- sible or would work an injustice, the board may waive or suspend the rules at any time or in any proceeding unless such action results in depriving a party of substantial rights. (b)Separability—…

Service of process and other board documents. (a) Method; proof; com- plaints, orders, and other processes and papers of the board—Complaints, decisions and orders and other processes and papers of the board may be served personally, by certified mail, by telegraph or by leaving …

Elections—procedure. (a) Gen- eral Provisions (1) All elections shall be by secret ballot, at times and places and in such manner as the board or its agent may direct. Elections shall be con- ducted by a designated agent of the board, whose determination of all questions arising …

Certification of election results. (a) Certification—If no objections are filed within the time set forth above, and if no run-off election is to be held, the board or its agent shall forthwith issue to the parties a certification of the results of the election, including certifi…

Impasse resolution. (a) Petition filing—In the event a recognized employee orga- nization or an agricultural employer believes an impasse in negotiations exists, such recognized employee organization or agricultural employer may file a request for assistance at impasse with the b…

Complaints. (a) Who may file—A complaint that any agricultural employee, em- ployee organization or agricultural employer has engaged in or is engaging in any prohibited prac- tice under the act may be filed by an agricultural employee, a group of agricultural employees, an emplo…

Hearing notice. After a complaint hasbeenfiled,ifitappearstotheboardoritsagent that formal proceedings in respect thereto should be instituted, the board, or any member thereof, or its agent shall serve on each party a notice of hearing. (Authorized by K.S.A. 44-829(a), K.S.A. 19…

Record of proceedings before the board; prohibited practice cases. (a) Gen- eral provisions. (1) The record of the proceedings before the board in prohibited practice cases shall consist of the complaint or amended complaint, any other pleadings, notices of hearings, motions, ord…

Joinder of parties. All persons alleged to have engaged in any unfair practices may be joined as parties, whether jointly, sever- ally, or in the alternative, and a decision may be rendered against one or more of them upon all of the evidence, without regard to the party by or ag…

Strikes or lockout. In the case of an alleged violation of K.S.A. 44-820(d) or K.S.A. 44-829(a), the board or its agent may handle the case as expeditiously as possible by waiving nor- mal time limitations. (Authorized by K.S.A. 44- 829(a), K.S.A. 1977 Supp. 44-820(d); effective …

Hearings. a. General provisions 1. Hearings may be conducted by the board, or any member or members thereof, or any member of its staff or other individual designated by the board.Intheeventaduly-appointedhearingexam- iner is unable to continue a hearing, such hearing may be reco…

Intervention. Any third party having a legitimate interest in any proceedings may file a petition of intervention setting forth facts sufficient to establish such interest and requesting that the board resolve contested factual matters in its favor. Any organization which has a s…

Authorization cards—acceptabil- ity. Evidence of representation or legitimate in- terest may be either by individual authorization cards or by petition. In either case, the petition or card shall show the address and social security number of, and be signed and dated by, the em- …

Validity of showing of interest. (a) The proof of interest submitted shall not be furnished to any of the parties. The board shall determine the adequacy of the showing of interest and such decision shall not be subject to collateral attack at a hearing before the board. Proof of…

Units. (a) Determining appropriate unit (1) Any unit may consist of all of the employees of the agricultural employer, or any department, division, section or area, or party or combination thereof, if found to be appropriate by the board, except as otherwise provided in the act o…

Petition for unit determination, unit clarification and investigation or certifi- cation of employee organization. (a) Petition; filing—A petition may be filed with the board by an employee organization or group of agricultur- al employees or agricultural employer. The pe- tition…

Procedure following filing of pe- titions. (a) Petition; amendment or withdrawal— Any petition may be amended, in whole or in part, or withdrawn by the petitioner at any time prior to the filing of an answer by any interested party. A petition may be amended or withdrawn by the p…