PocketLaw | Kansas Statutes | Mined-land Conservation And Reclamation

Mined-land Conservation And Reclamation

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Short title.

Declaration of policy.

Section
49-402a

Jurisdiction and authority vested in department of health and environment; powers, duties and functions conferred; abolition of board and office of executive director; application of documentary references and designations; rules and regulations, permits, orders and directives continued in effect until superseded.

Section
49-402b

Appropriations, unexpended balances transferred, use; officers and employees, liability for accrued compensation assumed by department of health and environment.

Section
49-402c

Property and records transferred; resolution of conflicts by governor.

Section
49-402d

Rights saved in legal actions and proceedings.

Section
49-402e

Officers and employees transferred; civil service status; benefits and rights retained.

Definitions.

Employment of inspectors and other personnel; contracts for technical services authorized; financial interest in coal mining operation prohibited; penalties for violation of prohibition; rules and regulations for enforcement; reports to congress.

Powers and authority of secretary.

Section
49-405a

Training, examination and certification of certain persons responsible for blasting or use of explosives; rules and regulations requiring.

Section
49-405b

Area designated as unsuitable for surface coal mining operations, when; petition to have area so designated or designation terminated; hearing; duties of secretary.

Section
49-405c

Civil penalty for violation of permit condition or provision of act; determination of amount of penalty; hearing; criminal penalty for violations; civil penalty for failure to correct a violation for which a citation has been issued; right to seek other relief not restricted.

Section
49-405d

Inspections, when; reports; signs, where, required information; violations; public records.

Permit to engage in surface mining; compliance with federal act required; annual statement of coal mined; application for permit, contents; notice of application for permit, publication; map and plan to accompany application; disapproval of application, when; fees; performance bonds; cash deposits, securities, mortgages on real estate; liability insurance; renewal of permits; application filed for public inspection, information required to be furnished.

Permit to engage in surface mining; approval, modification or denial; determination and order of secretary, contents; applicant to file schedule listing notices of violation; prime farmland area, effect; informal conference; notice and hearing on final determination; conduct of hearing.

Reclamation of land; regulations of secretary; public waters, extent.

Revegetation of affected areas.

Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.

Commencement of reclamation, when; grading.

Planting report; inspection and evaluation of vegetative cover.

Reclamation reports; release of bond, when; hearing; conduct of hearing.

Effect of revocation of permit or forfeiture of bond upon future permits.

Section
49-416a

Review of notice or order; investigation and public hearing; order vacating, affirming, modifying or terminating notice or order; show cause order to suspend or revoke permit, hearing; assessment of costs.

Reclamation by secretary; use of authorized funds; authority to contract; competitive bids; posting of bond or cash deposit by contractor; release of operator's bond, when.

Effect on existing laws.

Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses.

Section
49-421a

Penalty for interference with performance of duties of department or its employees or agents.

Section
49-422a

Judicial review.

Savings clause.

Interests in water resources not affected; replacement of water supply.

Civil action to compel compliance with act; limitations; award of costs of litigation; rights to seek other relief not restricted; action for damages for injuries.

Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit.

Reclamation of land having abandoned mines; plans and programs developed by secretary; abandoned mined-land fund created; priorities in development of plans and programs; abandoned mines eligible for inclusion; application to secretary of interior; lien on reclaimed land; civil action by landowner.

Application of act to underground coal mining.

Supplemental provisions.

Act not applicable to extraction of coal in certain circumstances.

Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work.

Acquisition of abandoned mined-land; findings required; eminent domain permitted, when; acquisition expenditures; disposition of revenue.