Kansas Administrative Code

(Authorized by K.S.A. 25-1329; effec- tive Jan. 1, 1966; revoked, L. 1979, ch. 263, May 1, 1979.)

(Authorized by K.S.A. 25-1335; effec- tive Jan. 1, 1966; revoked, L. 1979, ch. 263, May 1, 1979.)

(Authorized by K.S.A. 25-1312; effec- tive Jan. 1, 1966; revoked, L. 1979, ch. 263, May 1, 1979.)

(Authorized by and implementing K.S.A. 1989 Supp. 49-405; effective, E-71-4, Nov. 20, 1970; effective Jan. 1, 1972; amended Feb. 11, 1991; revoked May 2, 1997.)

(Authorized by and implementing K.S.A. 49-405; effective May 1, 1984; amended Feb. 11, 1991; revoked May 2, 1997.)

Permittee; preparation and submission of reports. The secretary or secre- tary’s designee may require a permittee to do the following: (a) establish and maintain appropriate records; (b) make appropriate monthly reports; (c) install, use, and maintain any necessary mon- itoring e…

(Authorized by K.S.A. 1980 Supp. 49- 405,49-406;effective,E-71-4,Nov.20,1970;effec- tive Jan. 1, 1972; amended May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked May 1, 1981.)

Communication. Each application for a surface mining permit required to be filed with the secretary shall be filed in the office of the surface mining section within the time limits for such filing. Each document so addressed or filed shall be deemed to be officially received by …

(Authorized by and implementing K.S.A. 1989 Supp. 49-405; effective, E-71-4, Nov. 20, 1970; effective Jan. 1, 1972; amended May 1, 1980; amended May 1, 1986; amended Feb. 11, 1991; revoked May 2, 1997.) 47-1-5 and 47-1-6. (Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective…

(Authorized by K.S.A. 1980 Supp. 49-405, 49-407, 49-416a; effective May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked May 1, 1981.) Editor’s Note: The Mined-Land Conservation and Reclamation Board was abolished on July 1, 1988. Powers, duties and functions under the Kansas Cor…

Petitions to initiate rulemaking. (a) Any person may petition the secretary to initi- ate a proceeding for the issuance, amendment, or repeal of any regulation under the state act. Each petition shall be submitted to the chief of the sur- face mining section. (b) Each petition sh…

Notice of citizen suits. (a) Each person who intends to initiate a civil action on the person’s own behalf under K.S.A. 49-426(a)(2) shall give notice of this intent as follows: (1) a copy of the notice shall be sent by certified mail to the chief of the surface mining section an…

Adoption by reference; under- ground mining. (a) The following federal regu- lations, as in effect on July 1, 2012, are adopted by reference, except as otherwise specified in this regulation: (1) Underground mining permit applications— minimum requirements for information on envi…

Small operator assistance pro- gram; adoption by reference. (a) The following federal regulations, as in effect on July 1, 2012, are adopted by reference, except as otherwise speci- fied in this regulation: (1) Definitions, 30 C.F.R. 795.3; (2) eligibility for assistance, 30 C.F.…

Lands unsuitable for surface mining; adoption by reference. (a) The fol- lowing federal regulations, as in effect on July 1, 2012, are adopted by reference, except as other- wise specified in this regulation: (1) Definitions, 30 C.F.R. 761.5, except that the statement “we, us, an…

Training and certification of blasters; adoption by reference. (a) The fol- lowing portions of the “permanent regulatory pro- gram requirements—standards for certification of blasters,” 30 C.F.R. part 850, as in effect on July 1, 2012, are hereby adopted by reference, except as s…

Responsibilities of operators and blasters-in-charge. (a) Each operator shall perform the following: (1) designate a blaster-in-charge for each blast to be detonated in surface coal mining and recla- mation operations; (2) ensure that the designated blaster-in-charge is properly …

Training. (a) Each person seek- ing a blaster certification pursuant to K.A.R. 47- 13-4 shall document successful completion of a department-approved blaster training program. (b) Proof of completion of an approved blaster training program shall be filed with an applicant’s appli…

Employee financial interest; adoption by reference. (a) The following feder- al regulations, as in effect on July 1, 2012, are ad- opted by reference, except as otherwise specified in this regulation: (1) Responsibility, 30 C.F.R. 705.4(a) and (c), deleting subsection (b); 554 MI…

(Authorized by K.S.A. 1980 Supp. 49-405, 49-405d; effective, E-81-30, Oct. 8, 1980; effective May 1, 1981; revoked May 1, 1984.)

Service of notices of violations and cessation orders. (a) Promptly after issu- ance, each notice of violation or cessation order shall be served on the person to whom it is direct- ed or to that person’s designated agent, as follows: (1)(A) A copy of each notice of violation or …

(Authorized by K.S.A. 1982 Supp. 49-405; implementing K.S.A. 1982 Supp. 49-405, 49-405d, 49-416a; effective May 1, 1984; revoked May 1, 1985.)

Maintenance of permit areas. The permittee shall be required by the secre- tary or the secretary’s designee to cut vegetative growth, if necessary to facilitate inspection of each permit area in order to insure compliance with the state act and regulations. (Authorized by K.S.A. …

Inspection and enforcement; adoption by reference. (a) The following reg- ulations as in effect on July 1, 2012 are adopted by reference, except as otherwise specified in this regulation: (1) Inspections by state regulatory authority, 30 C.F.R. 840.11; (2) availability of records…

(Authorized by K.S.A. 1980 Supp. 49-405; effective, E-81-30, Oct. 8, 1980; effective May 1, 1981; revoked May 1, 1985.)

Lack of information; inability to comply. (a) A notice of violation, cessation order, show cause order, or order revoking or suspending a permit shall not be vacated because it is subsequently determined that the secretary did not have information sufficient to justify an inspect…

Injunctive relief. The attorney general may be requested by the secretary to in- stitute any civil action for relief, including a per- manent or temporary injunction, and a restraining order or any other order, whenever, in violation of the state act, these regulations, or any co…

State inspections. (a) Inspection of surface coal mining and reclamation operations shall be conducted by the secretary or secretary’s designee as necessary to determine whether or not the permittee has complied with any notice of violation or cessation order issued during an in-…

Citizen’s requests for state in- spections. (a) Any person may request a state inspection under K.A.R. 47-15-7(b) by furnishing the secretary or secretary’s designee with a signed, written statement or an oral report followed by a signed, written statement. The statement shall in…

Eligible lands and water. (a) Coal mined lands and associated waters shall be eligi- ble for reclamation activities if these conditions are met: (1) they were mined or affected by mining pro- cesses; (2) they were mined before August 3, 1977, and were left or abandoned in an unre…

Exclusion of certain noncoal reclamation sites. (a) Money from the aban- doned mined-land fund shall not be used for ei- ther of the following: (1) The reclamation of sites and areas desig- nated for remedial action pursuant to the urani- um mill tailings radiation control act of…

Reports. For each grant, cooper- ative agreement, or both, any reports required by the office of surface mining reclamation and en- forcement shall be submitted by the department either semiannually or annually, according to OSM requirements, to the office of surface min- ing rec…

Surface mining section’s pro- cedures for reclamation projects receiving less than 50 percent government funding. 30 C.F.R. 874.17, as in effect on July 1, 2012, is adopted by reference, except that the following terms shall be replaced with the terms specified: (a) “Title V” and…

Reclamationofnon-coal-mined lands and associated waters.(a)Non-coal-mined lands and associated waters shall be eligible for rec- lamation if all of the following conditions are met: (1) The lands and waters were mined or affect- ed by mining processes. (2)Thelandsandwaterswerelef…

Reclamation project evaluation. Proposed reclamation projects and completed rec- lamation work shall be evaluated using the factors stated in this section to determine whether or not proposed reclamation will be undertaken and to assign priorities to proposals intended to meet th…

Consent to entry. (a) All reason- able actions that are necessary to obtain prior written consent from the owner of record of the land or property to be entered shall be taken by the secretary or secretary’s designee. (b) The consent shall consist of a signed state- ment by the o…

Entry for study or exploration. (a) Any property may be entered by the secretary or secretary’s designee for the purpose of con- ducting studies or exploratory work to determine the following: (1) the existence of adverse effects of past coal mining practices; and (2) the feasibi…

Entry and consent to reclaim. (a) Notice shall be given of the secretary’s intent to enter for purposes of conducting reclamation at least 30 days before entry upon the proper- ty. The notice shall be in writing and shall be mailed, return receipt requested, to the owner, if know…

Liens. (a) A lien may be placed by the secretary on land reclaimed if the reclamation results in a significant increase in the fair market value based on the pre- and post-reclamation ap- praisals, except that the lien may be waived by the secretary or the secretary’s designee if…

Appraisals. (a) In order for a lien to be filed under K.A.R. 47-16-6, the following procedures shall be followed. (a) A notarized ap- praisal of the fair market value of the land shall be obtained from an independent, professional appraiser before any reclamation activities are s…

Satisfaction of liens. (a) A lien shall be satisfied to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this subsection. (b) Liens…

Contractor responsibility. (a) Each successful bidder for an abandoned mined- land reclamation project contract shall be el- igible under 30 C.F.R. 773.12(a), as adopted by reference in K.A.R. 47-3-42(a)(8), at the time of contract award to receive a permit or conditional permit …

(Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective, E-71-4, Nov. 20, 1970; effective Jan. 1, 1972; amended May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked May 1, 1981.) 47-2-2 to 47-2-6. (Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective May 1, 1980; revoked,…

(Authorized by K.S.A. 1989 Supp. 49-405, and K.S.A. 1989 Supp. 49-406; as amend- ed by L. 1990, Ch. 194, sec. 1; implementing K.S.A. 1989 Supp. 49-405; effective May 1, 1980; amended Feb. 11, 1991; revoked May 2, 1997.) 47-2-15 and 47-2-16. (Authorized by K.S.A. 1980 Supp. 49-405…

(Authorized by K.S.A. 1979 Supp. 49-405, 49-406; effective May 1, 1980; revoked May 1, 1986.) 47-2-18 to 47-2-20. (Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked May 1, 1981.)

Employee defined. “Employee” means a person employed by the department who performs any function or duty under the state act, or a consultant who performs decision-making functions under the authority of state law or these regulations. (Authorized by K.S.A. 49-405; im- plementing…

(Authorized by K.S.A. 1979 Supp. 49-405, 49-406; effective May 1, 1980; revoked May 1, 1986.) 47-2-45 to 47-2-52. (Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked May 1, 1981.)

“Regulatory authority” or “state regulatory authority” defined. “Regulatory authority” or “state regulatory authority” means the department of health and environment, or the secretary’s designee. (Authorized by K.S.A. 49-405; implementing K.S.A. 49-405 and K.S.A. 49-406; effectiv…

“Regulatory program” de- fined. “Regulatory program” means the state act and regulations adopted by the department and approved by the United States department of in- terior, office of surface mining reclamation and enforcement. (Authorized by and implementing K.S.A. 49-405; effe…

“Significant, imminent environ- mental harm to land, air or water resources” defined. A “significant, imminent environmental harm to land, air or water resources” shall include the following elements. (a) An environmental harm is an adverse impact on land, air or water resources,…