reglab/housing_qa huggingface dataset:
KS Stat § 49-405d (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-405d Inspections, when; reports; signs, where, required information; violations; public records.

49-405d. Inspections, when; reports; signs, where, required information; violations; public records. (a) Departmental inspections shall be made on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the mining and reclamation operations covered by each permit. Inspections shall occur without prior notice to the operator or its agents or employees except for necessary on site meetings and shall include filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this act. When an inspection results from information provided to the department by any person, either directly or through the secretary of the interior, the secretary shall notify such person when the inspection is proposed to be carried out, and such person shall be allowed to accompany the inspector during the inspection.(b) Each operator shall maintain at the entrances of the surface coal mining and reclamation operations a clearly visible sign which sets forth the name, business address, and phone number of the operator and the permit number of the surface coal mining and reclamation operations.(c) Each inspector, upon detection of each violation of any requirement of this act, or the national surface mining control and reclamation act of 1977 (public law 95-87), shall inform the operator in writing, and shall report in writing any such violation to the secretary.(d) Copies of any records, reports, inspection materials, or information obtained under this title by the department shall be made immediately available to the public at the department's field office so that they are conveniently available to residents in the areas of mining.History: L. 1979, ch. 169, § 14; L. 1988, ch. 192, § 13; July 1.
KS Stat § 49-408 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-408 Reclamation of land; regulations of secretary; public waters, extent.

49-408. Reclamation of land; regulations of secretary; public waters, extent. All land affected by surface coal mining and reclamation operations, except as otherwise provided in this act, shall be reclaimed and all operations shall be conducted, in accordance with the requirements and specifications of the national surface mining control and reclamation act of 1977 (public law 95-87) and federal rules and regulations adopted pursuant thereto. The secretary shall issue such regulations as may be required to conform to the requirements of the national act.All waters in existence on mined land after reclamation is completed shall become public waters to the extent they may be stocked with fish from the state or federal hatcheries and shall be under the law enforcement jurisdiction of the Kansas department of wildlife, parks and tourism. The owner of the mined land containing such waters shall retain all other rights consistent with the ownership thereof.History: L. 1968, ch. 395, § 8; L. 1974, ch. 229, § 3; L. 1978, ch. 208, § 7; L. 1979, ch. 169, § 6; L. 1988, ch. 192, § 16; L. 2012, ch. 47, § 82; July 1.
KS Stat § 49-409 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-409 Revegetation of affected areas.

49-409. Revegetation of affected areas. After the area of land affected, except access roads, has been graded and found by the secretary to meet the requirements of K.S.A. 49-408, and amendments thereto, and rules and regulations promulgated hereunder, the operator shall revegetate the affected area described in the application with seeds, plants or cutting of trees, shrubs or grasses, as shall be recommended or approved in writing by the secretary. Such revegetation shall conform to the approved land-use objectives as stated in the approved plan of reclamation. Such seeding or planting, as required above, shall be carried out in accordance with the revegetation plan which shall be filed with the department before November 30 of the year preceding planting. Such revegetation plan shall include information on the approximate number or kinds of plants or seeds to be used together with such seed or plant recommendations as set forth by the department. The secretary may establish additional requirements relating to revegetation and the revegetation plan as may be necessary in order to comply with the provisions of the national surface mining control and reclamation act of 1977 (public law 95-87) and federal rules and regulations adopted pursuant thereto.History: L. 1968, ch. 395, § 9; L. 1978, ch. 208, § 8; L. 1988, ch. 192, § 17; July 1.
KS Stat § 49-410 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-410 Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.

49-410. Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit. (a) (1) During the term of the permit an operator may submit an application to amend the permit, together with a revised reclamation plan, to the department.(2) An application to amend a permit shall not be approved unless the secretary finds that reclamation as required by this act can be accomplished under the amended reclamation plan. The amended plan shall be approved or disapproved within a period of time established by the secretary, and the secretary shall establish guidelines for a determination of the scale or extent of an amendment request for which all permit application information requirements and procedures, including notice and hearings, shall apply. Any amendments which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.(3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.(b) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this act shall be made without the written approval of the secretary.(c) The department within a time limit prescribed in regulations promulgated by the secretary, shall review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit. Such revision or modification shall be based upon written findings and subject to notice and hearing requirements.History: L. 1968, ch. 395, § 10; L. 1978, ch. 208, § 9; L. 1979, ch. 169, § 7; L. 1988, ch. 192, § 18; L. 1990, ch. 194, § 2; July 1.
KS Stat § 49-411 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-411 Commencement of reclamation, when; grading.

49-411. Commencement of reclamation, when; grading. An operator shall commence the reclamation of the area of land affected by its operation contemporaneous with the surface mining of that area in accordance with a plan of reclamation required by the mined-land conservation and reclamation act and rules and regulations adopted pursuant thereto. Except as otherwise provided in the mined-land conservation and reclamation act or rules and regulations adopted pursuant thereto, grading shall be kept current with the operation as required herein, and no permit or supplement to a permit shall be issued if these practices are not current.History: L. 1968, ch. 395, § 11; L. 1974, ch. 229, § 4; L. 1978, ch. 208, § 10; L. 1981, ch. 213, § 4; May 18.
KS Stat § 49-413 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-413 Planting report; inspection and evaluation of vegetative cover.

49-413. Planting report; inspection and evaluation of vegetative cover. When the planting of a permit area is completed, the operator shall file a planting report with the secretary on a form to be prescribed and furnished by the department giving the following information: (a) Identification of the operation;(b) the type of planting or seeding, including mixtures and amounts;(c) the date of planting or seeding;(d) the area of land planted; and(e) such other relevant information as the secretary may require.All planting reports shall be signed by the operator.Inspection and evaluation for vegetative cover shall be made as soon as it is possible to determine if a satisfactory stand has been established.History: L. 1968, ch. 395, § 13; L. 1974, ch. 229, § 5; L. 1981, ch. 213, § 5; L. 1988, ch. 192, § 19; July 1.
KS Stat § 49-416 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-416 Effect of revocation of permit or forfeiture of bond upon future permits.

49-416. Effect of revocation of permit or forfeiture of bond upon future permits. An operator whose mining permit has been revoked shall not be eligible to receive another permit or to have suspended permits reinstated until the operator has complied with all the requirements of the mined-land conservation and reclamation act in respect to former permits issued to such operator. No operator who has forfeited any bond shall be eligible to receive another permit unless the land for which the bond was forfeited can be reclaimed without cost to the state, or until the operator has paid into the land reclamation fund such sum as the secretary finds is adequate to reclaim such lands.History: L. 1968, ch. 395, § 16; L. 1981, ch. 213, § 6; L. 1988, ch. 192, § 21; July 1.
KS Stat § 49-417 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-417 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.

49-417. 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. (a) In the reclamation of land affected by surface mining for which funds are available to the secretary, the secretary may avail itself of any services which may be provided by other state agencies or by agencies of the federal government, and may compensate them for such services. The secretary also may receive any federal funds, state funds or any other funds for the reclamation of land affected by surface mining. The secretary may cause the reclamation work to be done by departmental employees or by the employees of other governmental agencies, soil conservation districts, or through contracts with qualified persons. Such contracts shall be awarded to the lowest responsible bidder upon competitive bids after advertising for bids in the Kansas register at least 30 days prior to bid opening. The department and any other agency and any contractor under a contract with the secretary shall have the right of access to the land affected to carry out such reclamation.(b) Any funds available to the secretary and any public works program, both funds and services, may be used and expended to reclaim and rehabilitate any lands that have been subjected to surface mining that have not been reclaimed and rehabilitated in accordance with standards set by this act and which are not covered by bond to guarantee such reclamation.(c) A person or organization having qualifications acceptable to the secretary may post bond or a cash deposit in a sum determined by the secretary and assume the liability for carrying out the reclamation plan approved by the secretary in areas where the mining operation and any necessary grading have been completed. The secretary then shall release the bond posted by the operator for such area.History: L. 1968, ch. 395, § 17; L. 1983, ch. 274, § 3; L. 1988, ch. 192, § 23; July 1.
KS Stat § 49-418 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-418 Effect on existing laws.

49-418. Effect on existing laws. This act shall not be construed as repealing any of the laws of the state relating to the pollution of the waters thereof, any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto.History: L. 1968, ch. 395, § 18; July 1.
KS Stat § 49-420 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-420 Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses.

49-420. Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses. (a) The department shall remit all moneys received from the payment of fees or from civil penalties assessed by the secretary, including any interest thereon, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the mined-land conservation and reclamation fee fund. All expenditures from the mined-land conservation and reclamation fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary and may be expended for the administration and enforcement of this act.(b) The mined-land reclamation fund is hereby created in the state treasury. The secretary shall remit all moneys received from the forfeiture of bonds to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the mined-land reclamation fund. The expenditures from the mined-land reclamation fund which are used for the reclamation of land shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary and shall be expended for reclamation of land affected by open pit, strip pit and surface types of mine operations. Administrative expenses associated with reclamation of the respective sites and not charged directly to the mined-land reclamation fund shall be made by intra-agency transfer to the mined-land conservation and reclamation fee fund.History: L. 1968, ch. 395, § 20; L. 1974, ch. 229, § 6; L. 1981, ch. 213, § 11; L. 1988, ch. 192, § 24; L. 1990, ch. 194, § 3; L. 2001, ch. 5, § 185; L. 2011, ch. 53, § 18; July 1.
KS Stat § 49-421a (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-421a Penalty for interference with performance of duties of department or its employees or agents.

49-421a. Penalty for interference with performance of duties of department or its employees or agents. Except as permitted by law, any person who willfully resists, prevents, impedes or interferes with the department or any of its employees or agents in the performance of their duties pursuant to the mined-land conservation and reclamation act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.History: L. 1981, ch. 213, § 9; L. 1988, ch. 192, § 25; July 1.
KS Stat § 49-422a (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-422a Judicial review.

49-422a. Judicial review. Any action of the secretary is subject to review in accordance with the Kansas judicial review act.History: L. 1979, ch. 169, § 19; L. 1981, ch. 213, § 7; L. 1986, ch. 318, § 74; L. 1988, ch. 192, § 26; L. 2010, ch. 17, § 95; July 1.
KS Stat § 49-423 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-423 Savings clause.

49-423. Savings clause. If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such clause, paragraph, subsection or section.History: L. 1968, ch. 395, § 23; July 1.
KS Stat § 49-425 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-425 Interests in water resources not affected; replacement of water supply.

49-425. Interests in water resources not affected; replacement of water supply. (a) Nothing in this act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his or her interest in water resources affected by a surface coal mining operation.(b) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.History: L. 1979, ch. 169, § 10; July 1.
KS Stat § 49-427 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-427 Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit.

49-427. Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit. (a) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with exploration regulations issued by the secretary. Such regulations shall include, at a minimum (1) the requirement that prior to conducting any exploration under this section, any person must file with the department a notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration and (2) provisions for reclamation in accordance with the performance standards of this act of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment.(b) Information submitted to the department pursuant to this section which is a trade secret under the uniform trade secrets act (K.S.A. 60-3320 et seq. and amendments thereto), or information submitted to the department as privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall be considered confidential and shall not be available for public examination.(c) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the penalty provisions of this act.(d) No operator shall remove more than 250 tons of coal pursuant to an exploration permit without specific written authority of the secretary.History: L. 1979, ch. 169, § 15; L. 1988, ch. 192, § 28; L. 2005, ch. 67, § 4; July 1.
KS Stat § 49-429 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-429 Application of act to underground coal mining.

49-429. Application of act to underground coal mining. Notwithstanding the general applicability of this act to surface mining, no person shall engage in underground coal mining in this state without first obtaining a permit from the secretary. The provisions of this act shall apply to all aspects of underground coal mining subject to the national surface mining control and reclamation act of 1977 (public law 95-87). The secretary shall enforce this act and the provisions of the national surface mining control and reclamation act of 1977 (public law 95-87) with respect to all such aspects of underground coal mining, in the same manner as for surface mining, and is authorized to adopt such rules and regulations as may be required for such enforcement.History: L. 1979, ch. 169, § 17; L. 1988, ch. 192, § 30; July 1.
KS Stat § 49-430 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-430 Supplemental provisions.

49-430. Supplemental provisions. The provisions of K.S.A. 49-405a to 49-405d, inclusive, 49-416a, 49-421a and 49-425 to 49-431, inclusive, and amendments thereto, are hereby declared to be a part of and supplemental to the mined-land conservation and reclamation act.History: L. 1979, ch. 169, § 20; L. 1981, ch. 213, § 8; May 18.
KS Stat § 49-431 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-431 Act not applicable to extraction of coal in certain circumstances.

49-431. Act not applicable to extraction of coal in certain circumstances. The mined-land conservation and reclamation act shall not apply to the extraction of coal as an incidental part of federal, state or local government-financed highway construction or other government-financed construction nor to the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3% of the tonnage of minerals removed for purposes of commercial use or sale.History: L. 1981, ch. 213, § 10; L. 1987, ch. 204, § 2; July 1.