Kansas Administrative Code

“State act” defined. “State act” means the Kansas mined-land conservation and reclamation act and amendments thereto. (Autho- rized by and implementing K.S.A. 49-405, 49-406; effective May 1, 1980; amended May 2, 1997.) 47-2-65 and 47-2-66. (Authorized by K.S.A. 1980 Supp. 49-405…

“Surety bond” defined. “Surety bond” means an indemnity agreement, in a specif- icsumpayabletotheKansasdepartmentofhealth and environment and executed by the permittee, which is supported by the performance guaran- tee of a corporation licensed to do business as a surety in the s…

(Authorized by K.S.A. 1979 Supp. 49- 405, 49-406; effective May 1, 1980; revoked May 1, 1986.) 47-2-8 to 47-2-13. (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.)

“Public road” defined. “Public road” means a thoroughfare open to the public that has been and is being used by the public for vehicular travel. (Authorized by K.S.A. 49-405, and implementing K.S.A. 49-405b; effective, E-81-30, Oct. 8, 1980; effective May 1, 1981; amended May 2, …

Definitions; adoption by ref- erence. The following federal regulations, as in effect on July 1, 2012, are adopted by reference, except as otherwise specified in this regulation: (a) The section titled definitions, 30 C.F.R. 700.5, shall be altered as follows: (1) The following t…

Application for mining permit. Each person who conducts or expects to conduct surface or underground coal mining and recla- mation operations shall file an original and three copies of a complete and accurate application for a permit for those operations with the secretary. (Auth…

Application for mining permit; adoption by reference. (a) Each permit appli- cation submitted with a request for variances from the applicable regulations shall contain an outline of the proposed variances. The outline shall be indexed to the regulations and be placed at the begi…

(Authorized by K.S.A. 1979 Supp. 49-405, 49-406; effective May 1, 1980; revoked May 1, 1986.) 47-3-22 to 47-3-39. (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.)

(Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective May 1, 1980; amended, E-81-30, Oct. 8, 1980; amended May 1, 1981; re- voked May 1, 1986.)

Application for mining permit; maps. (a) Each map, plan, and cross section re- quired for a permit application shall be certified by 513 Application for Mining Permit 47-3-42 a qualified, licensed engineer and shall be updated asrequiredbythesecretaryorsecretary’sdesignee. (b) Ea…

(Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective May 1, 1980; amended, E-81-30, Oct. 8, 1980; amended May 1, 1981; re- voked May 1, 1986.) 47-3-5 to 47-3-20. (Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked …

(Authorized by K.S.A. 1980 Supp. 49-405, 49-406; effective May 1, 1980; amended, E-81-80, Oct. 8, 1980; amended May 1, 1981; re- voked May 1, 1986.)

(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.)

Application for mining permit; adoption by reference. (a) The following feder- al regulations, as in effect on July 1, 2012, are ad- opted by reference, except for the additions and deletions specified: (1) Applicability, 30 C.F.R. 701.11 subsections (d) and (e) only. Subsections…

(Authorized by K.S.A. 49-404, 49- 405; implementing K.S.A. 49-404, 49-405, 49- 407, 49-416a; effective, E-81-30, Oct. 8, 1980; effective May 1, 1981; amended May 1, 1986, re- voked Feb. 11, 1991.) 518 MINED-LAND CONSERVATION AND RECLAMATION (KDHE) 47-4-14a

” (V) “43 CFR 4.1380 through 4.1387 or, when a state is the regulatory authority, the state regula- tory program counterparts” shall be replaced by “K.A.R. 47-4-14a and K.S.A. 49-416a, and amend- ments thereto.” (4)(A) “§701.5 of this chapter” shall be replaced by “K.A.R. 47-2-75…

Administrative hearings; discov- ery. Discovery shall be permitted to the extent allowed by the presiding officer or as agreed to by the parties. (a) Requests for discovery shall be made in writing to the presiding officer, and a copy of each request for discovery shall be served…

Interim orders for temporary relief. (a) An interim order for temporary relief may be issued by the department or a presiding officer, on its own initiative or on written request, when there has been a showing of good cause. An interim order shall not be granted in permit appli- …

Administrative hearings; award of costs and expenses. (a) Any person may file a petition for award of costs and expenses, includ- ing attorney fees, reasonably incurred as a result of that person’s participation in any administrative proceeding under the state act which results i…

(Authorized by K.S.A. 1980 Supp. 49-404, 49-407; effective, E-81-3, Jan. 10, 1980; effective May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked May 1, 1981.) 47-4-10 to 47-4-13. (Authorized by K.S.A. 1980 Supp. 49-405; effective, E-81-3, Jan. 10, 1980; effective May 1, 1980; re…

(Authorized by K.S.A. 1982 Supp. 49-405; implementing K.S.A. 1982 Supp. 49-405, 49-405c, and 49-416a; effective May 1, 1984; re- voked May 1, 1985.)

(Authorized by K.S.A. 1982 Supp. 49-405;implementingK.S.A.1982Supp.49-405c; effective May 1, 1984; revoked May 1, 1985.)

Civil penalties; final assessment and payment of civil penalty. (a) If any person to whom a notice of violation or cessation order is issued fails to request a hearing, the proposed assessment shall become a final order of the secre- tary. The assessment contained in the final or…

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

Civil penalties; adoption by ref- erence. (a) Subject to the provisions of subsec- tion (c), the following federal regulations, as in effect on July 1, 2012, are adopted by reference, except as otherwise specified: (1)Howassessmentsaremade,30C.F.R.845.11; (2) when penalty will be…

(Authorized by K.S.A. 1980 Supp. 49-405, 49-405c; effective, E-81-30, Oct. 8, 1980; effective May 1, 1981; revoked May 1, 1985.) 47-5-7 to 47-5-13. (Authorized by K.S.A. 1982 Supp. 49-405; implementing K.S.A. 1982 Supp. 49-405c; effective May 1, 1984; revoked May 1, 1985.)

Permitreview.(a)Eachpermitissued and outstanding during the term of the permit shall bereviewedbythesecretaryorsecretary’sdesignee not later than the middle of that term. Reasonable revision or modification of the permit provisions may be ordered at any time to ensure compliance …

Exemption for coal extraction incidental to the extraction of other miner- als; 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. 702…

Post-permit issuance require- ments; adoption by reference. (a) The follow- ing federal regulations, as in effect on July 1, 2012, are adopted by reference, except as otherwise specified in this regulation: (1) Post-permit issuance requirements for reg- ulatory authorities and ot…

Permit revision. (a) Each applica- tion to revise an existing permit shall be submitted by the operator at least 60 days before the date on which the operator wants to have the approval of the secretary. (b) Each application for a permit revision shall include the following: (1) …

Permit renewals; adoption by ref- erence. (a) The section titled “permit renewals,” 30 C.F.R. 774.15, as in effect on July 1, 2012, is hereby adopted by reference, except as otherwise specified in this regulation. Subsection (c)(3) of 30 C.F.R. 774.15 shall be deleted. (b) The fo…

Permit transfers, assignments, and sales; adoption by reference. (a) Each application for a new permit required for a per- son succeeding by transfer, sale, or assignment of rights granted under a permit shall be filed with the secretary not later than 30 days after that suc- ces…

(Authorized by K.S.A. 1980 Supp. 49-405; effective, E-81-30, Oct. 8, 1980; effective May 1, 1981; revoked May 1, 1986.)

Permit conditions; adoption by reference. (a) The section titled “permit con- ditions,” 30 C.F.R. 773.17, as in effect on July 1, 2012, is adopted by reference, except as otherwise specified in this regulation. (b) The following phrases shall be replaced with the phrases specifie…

Permit suspension or revocation. (a) A proceeding to suspend or revoke a permit shall begin with a show cause order issued by the 536 MINED-LAND CONSERVATION AND RECLAMATION (KDHE) 47-6-8 secretary to the permittee. The show cause order shall set forth the following: (1) a list o…

Termination of jurisdiction; adop- tion by reference. (a) The section titled “appli- cability,” 30 C.F.R. 700.11, as in effect on July 1, 2012, is adopted by reference, except as otherwise specified in this regulation, and subsections (a)(1), (a)(5), and (b) of 30 C.F.R. 700.11 s…

Exemption for coal extraction in- cidental to government-financed highway or other construction; adoption by reference. (a) The following federal regulations, as in effect on July 1, 2012, are adopted by reference, except as otherwise specified in this regulation: (1) Responsibil…

(Authorized by K.S.A. 1980 Supp. 49-405, 49-427; effective May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked May 1, 1981.)

Coal exploration; adoption by reference. (a) The following federal regula- tions, as in effect on July 1, 2012, are adopted by reference, except as otherwise specified in this regulation: (1) Notice requirements for exploration remov- ing 250 tons of coal or less, 30 C.F.R. 772.1…

(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.)

(Authorized by K.S.A. 1982 Supp. 49-405; implementing K.S.A. 1982 Supp. 49-406; effective May 1, 1983; revoked May 1, 1986.)

Use of forfeited bond funds. Funds collected from any bond forfeiture may only be used to perform the following: (a) com- plete the reclamation plan on the permit area on which bond was made for the surface mining op- eration for coal; and (b) cover associated administrative expe…

(Authorized by K.S.A. 1979 Supp. 49- 405, 49-406; effective May 1, 1980; revoked May 1, 1986.) 47-8-3 to 47-8-5. (Authorized by K.S.A. 1980 Supp. 49-405, 49-415; effective May 1, 1980; revoked, E-81-30, Oct. 8, 1980; revoked May 1, 1981.) 47-8-6 to 47-8-8. (Authorized by K.S.A. 1…

Bonding procedures; adoption by reference. (a) The following federal regula- tions, as in effect on July 1, 2012, are adopted by reference, except as otherwise specified in this regulation: (1) Regulatory authority responsibilities, 30 C.F.R. 800.4, deleting subsection (d); (2) d…

(Authorized by K.S.A. 49-405; im- plementing K.S.A. 1984 Supp. 49-406, K.S.A. 49- 415, 49-416a; effective May 1, 1985; revoked May 1, 1986.)

Adoption by reference. (a) The following portions of the “permanent program performance standards—general provisions,” 30 C.F.R. Part 810, as in effect on July 1, 2012, are hereby adopted by reference, except as specified in this subsection: (1) Responsibility, 30 C.F.R. 810.4, e…

Revegetation. The permittee may be requested by the secretary or secretary’s des- ignee to cut the vegetative cover, remove rocks that are nine inches or larger, or carry out any other measures that promote the control and revegetation of the permit area, consistent with the appr…

(Authorized by K.S.A. 49-405; imple- menting K.S.A. 49-408, 49-409, 49-411, 49-413, 49-415, 49-429; effective May 1, 1985; revoked May 1, 1986.)

Interim performance standards; adoption by reference. (a) The following regu- lations as in effect on July 1, 2012 are adopted by reference, except as specified in this regulation: (1) Definitions, 30 C.F.R. 710.5; (2) applicability, 30 C.F.R. 710.11(a), deleting subsection (a)(1…

Filing of appeal. Each party ap- pealing from a decision of an examiner or referee shall file with any representative of the division of employment a written notice of appeal stating the reasons for the appeal. (Authorized by K.S.A. 2008 Supp. 44-709(g); implementing K.S.A. 2008 …