reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 800 - DISCHARGE › Section 45-800-1 - General provisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender on release status who meets at least one of
				the following conditions shall be discharged from supervision:
(1) The offender has served the maximum term or sentence as
				determined by K.S.A. 22-3722  and amendments thereto.
(2) Discharge is recommended by the parole officer and approved
				by the board as provided in K.S.A. 22-3722  and amendments thereto.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 900 - EXECUTIVE CLEMENCY › Section 45-900-1 - Procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate who desires to apply to the governor for
				executive clemency shall make the request to a facility representative
				designated by the warden.
(b) The applicant shall prepare, on forms furnished by the
				board, a written statement of the reasons for requesting clemency and shall
				complete all additional information requested on the forms. The applicant shall
				return the completed application to the facility representative. If the
				applicant prefers not to disclose the reasons for the request to facility
				officials, the forms may be sent, in a sealed envelope, directly to the board.
(c) The review by the board shall include an examination of
				pertinent records, reports, and other information that may be available, and a
				personal interview with the applicant, if requested by the board.
(d) Any person who has been convicted of a crime in any court
				of this state, but who is not in confinement, may apply for executive clemency
				by making application to the board. On request, the instructions and the form
				needed to initiate the application shall be provided to that person by the
				board.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 1000 - ORDERS OF RESTITUTION AND EXPENSES › Section 45-1000-1 - Restitution

Current through Register Vol. 43, No. 28, July 11, 2024
As a condition of parole or postrelease supervision, any inmate
				may be ordered by the board to pay restitution in the amount and manner
				provided in the journal entry of the sentencing court.
If at any time before issuing a certificate of discharge under
				K.S.A. 22-3722  and amendments thereto the board finds any compelling
				circumstance that would render a plan of restitution unworkable as provided in
				K.S.A. 22-3717(n)  and amendments thereto, notice of the board's finding shall
				be given to the court that sentenced the inmate.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 1000 - ORDERS OF RESTITUTION AND EXPENSES › Section 45-1000-2 - Transportation expenses

Current through Register Vol. 43, No. 28, July 11, 2024
If transportation expenses are incurred as a result of
				returning any parolee or offender on postrelease supervision to this state to
				answer criminal charges, or a probation, parole, or conditional release
				violation warrant, the agency or department that has incurred these expenses
				may submit a statement of the expenses to the board before the final revocation
				hearing or before the initial parole hearing. If the board finds that the
				statement of expenses is reasonable and necessary, the parolee or offender may
				be ordered by the board to pay that amount as a condition of parole or
				postrelease supervision.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 1000 - ORDERS OF RESTITUTION AND EXPENSES › Section 45-1000-3 - Manner of payments

Current through Register Vol. 43, No. 28, July 11, 2024
If payments have been ordered as a condition of parole, the
				parole officer may monitor the payments in the same manner as that for any
				other condition of parole. If a change of circumstances makes payments
				according to the established schedule unworkable, the parole officer may change
				the schedule as long as the adjusted schedule still makes it possible for the
				offender to make all payments before the inmate's discharge. If compelling
				circumstances develop that render the plan of reparation and the schedule of
				payment unworkable, the parolee may apply to the board to be released from the
				payment order.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 1 - GENERAL › Section 47-1-3 - Communication

Current through Register Vol. 43, No. 28, July 11,
			 2024
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 the secretary when actually
				delivered at the office of the surface mining section. Each application shall
				be accompanied by appropriate fees.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 1 - GENERAL › Section 47-1-8 - Petitions to initiate rulemaking

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person may
			 petition the secretary to initiate 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 surface mining section.
(b) Each petition shall contain a concise
			 statement of the facts, technical justification, and law that requires
			 issuance, amendment, or repeal of a regulation and shall indicate whether or
			 not the petitioner desires a public hearing.
(c) The secretary or the secretary's designee
			 shall determine whether or not the petition sets forth facts, technical
			 justification, and law that provides a reasonable basis for conducting a
			 hearing to consider issuance, amendment, or repeal of a regulation. Facts,
			 technical justification, or law previously considered in a petition or in
			 rulemaking on the same issue shall not provide a reasonable basis.
(d) If the secretary or secretary's designee
			 determines that the petition has a reasonable basis, a notice shall be
			 published seeking comments from the public on the proposed change. A public
			 hearing, an investigation, or other necessary action may be taken by the
			 secretary or secretary's designee to determine whether or not the petition
			 should be granted.
(e) A written
			 decision either granting or denying the petition shall be issued by the
			 secretary or secretary's designee within 90 days after its receipt by the
			 surface mining section.
(1) If the petition
			 is granted, the rulemaking process shall be initiated by the secretary.
(2) If the petition is denied, the
			 petitioner shall be notified in writing by the secretary, setting forth the
			 reasons for denial.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 1 - GENERAL › Section 47-1-9 - Notice of citizen suits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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 and the secretary;
(2) a copy of the notice shall be sent by
			 first-class mail to the field office director of the office of surface mining,
			 United States department of the interior; and
(3) a copy of the notice shall be sent by
			 certified mail to the alleged violator if the complaint alleges a violation of
			 the state act or any regulation, order, or permit issued under the state act.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 1 - GENERAL › Section 47-1-11 - Permittee; preparation and submission of reports

Current through Register Vol. 43, No. 28, July 11,
			 2024
The secretary or secretary'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 monitoring equipment or methods and evaluate the results in
			 accordance with those methods, at the locations, intervals, and in the manner
			 prescribed; and
(d) provide any
			 other information relative to surface coal mining and reclamation operations
			 that the secretary or secretary's designee deems reasonable and necessary.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 2 - MEANING OF TERMS › Section 47-2-21 - Employee defined

Current through Register Vol. 43, No. 28, July 11,
			 2024
"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.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 2 - MEANING OF TERMS › Section 47-2-53 - Regulatory authority or state regulatory authority defined

Current through Register Vol. 43, No. 28, July 11,
			 2024
"Regulatory authority" or "state regulatory authority" means
				the department of health and environment, or the secretary's designee.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 2 - MEANING OF TERMS › Section 47-2-53a - Regulatory program defined

Current through Register Vol. 43, No. 28, July 11,
			 2024
"Regulatory program" means the state act and regulations
				adopted by the department and approved by the United States department of
				interior, office of surface mining reclamation and enforcement.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 2 - MEANING OF TERMS › Section 47-2-58 - Significant, imminent environmental harm to land, air or water resources defined

Current through Register Vol. 43, No. 28, July 11,
			 2024
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, including plant and animal life.
(b) An environmental harm is
			 imminent if a condition, practice, or violation exists that is causing harm or
			 may reasonably be expected to cause such harm at any time before the end of the
			 reasonable abatement time that would be set under these regulations and the
			 state law.
(c) An environmental
			 harm is significant if that harm is appreciable and not immediately reparable.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 2 - MEANING OF TERMS › Section 47-2-67 - Surety bond defined

Current through Register Vol. 43, No. 28, July 11,
			 2024
"Surety bond" means an indemnity agreement, in a specific sum
				payable to the Kansas department of health and environment and executed by the
				permittee, which is supported by the performance guarantee of a corporation
				licensed to do business as a surety in the state of Kansas.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 2 - MEANING OF TERMS › Section 47-2-74 - Public road defined

Current through Register Vol. 43, No. 28, July 11,
			 2024
"Public road" means a thoroughfare open to the public that has
				been and is being used by the public for vehicular travel.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 3 - APPLICATION FOR MINING PERMIT › Section 47-3-1 - Application for mining permit

Current through Register Vol. 43, No.
			 28, July 11, 2024
Each person who conducts or expects to conduct surface or
				underground coal mining and reclamation operations shall file an original and
				three copies of a complete and accurate application for a permit for those
				operations with the secretary.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 3 - APPLICATION FOR MINING PERMIT › Section 47-3-2 - Application for mining permit; adoption by reference

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each permit application 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 beginning of the application documents.
(b) The following federal regulations as in
			 effect on July 1, 2012 are adopted by reference, except as otherwise specified
			 in this regulation:
(1) Format and contents,
			 30
			 C.F.R. 777.11;
(2) reporting of technical data,
			 30
			 C.F.R. 777.13;
(3) maps and plans: general requirements,
			 30 C.F.R.
			 777.14. The phrase "in accordance with
			 §710.12 of this chapter" shall be deleted; and
(4) completeness,
			 30
			 C.F.R. 777.15.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 3 - APPLICATION FOR MINING PERMIT › Section 47-3-3a - Application for mining permit; maps

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each map, plan,
			 and cross section required for a permit application shall be certified by a
			 qualified, licensed engineer and shall be updated as required by the secretary
			 or secretary's designee.
(b) Each
			 change in a facility or feature that would be caused by the proposed mining
			 operations shall be shown in the maps and plans accompanying the permit
			 application.
(1) A color code, or other
			 method approved in writing by the secretary or secretary's designee, shall be
			 used to indicate critical features of the permit area as follows:
(A) green for areas of coal removal;
(B) red for the boundary of the
			 land affected, including access roads and haulageways;
(C) brown for access roads and haulageways;
			 and
(D) blue for watercourses,
			 impoundments, drainageways, and other water areas.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 4 - PUBLIC HEARINGS › Section 47-4-14a - Administrative hearing procedure

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Appeals and
			 applications. This article and articles 5, 6, and 15 shall govern the procedure
			 used in all administrative hearings resulting from the following actions:
(1) Petitions for review of proposed civil
			 penalty assessments issued by the secretary;
(2) applications for review of notices of
			 violation and orders of cessation or modification, vacation or termination of
			 notices of violation, and orders of cessation;
(3) applications for review of the
			 secretary's decision to disapprove, suspend, or revoke a permit;
(4) applications for temporary relief;
(5) applications for review of
			 alleged discriminatory acts;
(6)
			 petitions for award of costs and expenses;
(7) appeals from initial orders or decisions
			 of presiding officers; and
(8) all
			 other appeals and review procedures authorized by the act.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 4 - PUBLIC HEARINGS › Section 47-4-15 - Administrative hearings; discovery

Current through Register Vol. 43, No. 28, July 11,
			 2024
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 on the party or person against whom discovery is sought. The
			 presiding officer may specify the times during which the parties may pursue
			 discovery and respond to discovery requests. The presiding officer may issue
			 subpoenas, discovery orders, and protective orders in accordance with the rules
			 of civil procedure.
(b) Subpoenas
			 issued by the presiding officer shall be served by a person designated by the
			 presiding officer or any other person who is not a party and is not less than
			 18 years of age. Service shall be in person and at the expense of the
			 requesting party. Proof of service shall be shown by affidavit.
(c) Subpoenas and orders issued by the
			 presiding officer shall be enforced pursuant to the provisions of the act for
			 judicial review and civil enforcement of agency actions pursuant to
			 K.S.A.
			 77-601
et seq.
, as amended.
(d) Discovery methods. Parties may
			 obtain discovery by one or more of the following methods:
(1) depositions upon oral examination or upon
			 written interrogatories;
(2)
			 written interrogatories;
(3)
			 production of documents or items, or permission to enter upon land or other
			 property for inspection and other purposes; and
(4) requests for admission.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 4 - PUBLIC HEARINGS › Section 47-4-16 - Interim orders for temporary relief

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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
			 application cases in which the relief sought is issuance of a permit that has
			 been denied in whole or in part by the department.
(b) Unless otherwise specified by statute, an
			 interim order for temporary relief shall be effective for 30 days at most if a
			 hearing is not held on the merits of the issues.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 4 - PUBLIC HEARINGS › Section 47-4-17 - Administrative hearings; award of costs and expenses

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person may
			 file a petition for award of costs and expenses, including attorney fees,
			 reasonably incurred as a result of that person's participation in any
			 administrative proceeding under the state act which results in a final order
			 being issued by the department or its presiding officer. The petition shall be
			 filed within 45 days of receipt of the order. Failure to make a timely filing
			 of the petition may constitute a waiver of the right to an award.
(b) A petition filed under this section shall
			 include the name of the person from whom costs and expenses are sought, and the
			 following shall be submitted in support of the petition:
(1) an affidavit detailing all costs and
			 expenses, including attorney fees, incurred as a result of participation in the
			 proceeding;
(2) receipts or other
			 evidence of the costs and expenses; and
(3) where attorney fees are claimed, the
			 hours expended on the case, the customary commercial rate of payment for
			 services in the locality, and evidence of the experience, reputation, and
			 ability of the attorney or attorneys.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 5 - CIVIL PENALTIES › Section 47-5-16 - Civil penalties; final assessment and payment of civil penalty

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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 secretary.
			 The assessment contained in the final order shall be due and payable upon
			 expiration of the time allowed to request a hearing.
(b) If any party requests judicial review of
			 a final order of the secretary, the proposed civil penalty assessment shall be
			 held in escrow until completion of the review. Otherwise, subject to subsection
			 (c) of this regulation, the escrowed funds shall be transferred to the
			 department in payment of the civil penalty, and the escrow shall end.
(c) If the final decision in the
			 administrative and judicial review results in an order reducing or eliminating
			 the proposed civil penalty under these regulations, all or part of the escrowed
			 amount shall be refunded to the person assessed within 30 days of receipt of
			 the order and shall include any interest that has accrued from the date of
			 payment into escrow to the date of the refund.
(d) If the review results in an order
			 increasing the penalty, the person to whom the notice or order was issued shall
			 pay the difference to the department within 15 days after the order is mailed
			 to that person.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-1 - Permit review

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Each permit
			 issued and outstanding during the term of the permit shall be reviewed by the
			 secretary or secretary's designee 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 with the laws and regulations. A copy of the
			 order and the written findings shall be sent to the operator. The order shall
			 be subject to
			 K.S.A.
			 49-407 and
			 K.S.A.
			 49-422a, and amendments thereto.
(b) Each permit authorizing one or more
			 variances that is issued in accordance with
			 K.A.R.
			 47-3-42(a)(62) shall be
			 reviewed not later than three years from the date of issuance.
(c) Each permit authorizing one or more
			 experimental practices that is issued in accordance with
			 K.A.R.
			 47-3-42(a)(60) shall be
			 reviewed as specified in the permit or at least every two and a half years from
			 the date of issuance as required by the department, in accordance with
			 K.A.R.
			 47-3-42(a)(60).
(d) After the review required by this
			 regulation or at any time, the reasonable revision of any permit may be
			 required by the secretary, by order, in accordance with
			 K.A.R.
			 47-6-2 to ensure compliance with the state
			 act and the regulatory program.
(e)
			 Each order of the secretary requiring revision of a permit shall be based upon
			 written findings and shall be subject to the provisions of administrative and
			 judicial review in
			 K.S.A.
			 49-407(d),
			 K.S.A.
			 49-416a, and
			 K.S.A.
			 49-422a, and amendments thereto, and article
			 4 of these regulations. A copy of each order shall be sent to the permittee.
(f) Any permit may be suspended or
			 revoked in accordance with articles 5 and 15 of these regulations.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-2 - Permit revision

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 application 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) A map that meets the general map
			 requirements of these regulations;
(2) a description of the permit revision with
			 the technical data necessary to establish the impact and consequences of the
			 proposed revision on the surface coal mining and reclamation operation, the
			 environment, and public health and safety; and
(3) any additional information requested by
			 the department.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-3 - Permit renewals; adoption by reference

Current through Register Vol.
			 43, No. 28, July 11, 2024
(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 following phrases and citations shall
			 be replaced with the phrases and citations specified in this subsection
			 wherever the phrases and citations appear in the text of the federal
			 regulations adopted by reference in this regulation:
(1)
(A)
			 "Act" shall be replaced by "state act."
(B) "Subchapter J of this chapter" shall be
			 replaced by "article 8 of these regulations."
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-4 - Permit transfers, assignments, and sales; adoption by reference

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Each application for a new permit
			 required for a person 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 succession is approved by the secretary.
(b) Transfer, assignment, or sale of permit
			 rights,
			 30 C.F.R.
			 774.17, as in effect on July 1, 2012, is
			 adopted by reference, except as otherwise indicated in this
			 regulation.
(c) The following
			 phrases shall be replaced with the phrases specified in this subsection
			 wherever the phrases appear in the federal regulations adopted by reference in
			 this regulation:
(1)
(A) "Act" shall be replaced by "state
			 act."
(B) "Subchapter J of this
			 chapter" shall be replaced by "article 8 of these regulations."
(C) "This subchapter" shall be replaced by
			 "these regulations."
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-6 - Permit conditions; adoption by reference

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) The section titled "permit conditions,"
			 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 specified in this subsection
			 wherever the phrases appear in the federal regulation adopted by reference in
			 this regulation:
(1)
(A) "Act" shall be replaced by "state
			 act."
(B) "Subchapter J of this
			 chapter" shall be replaced by "article 8 of these regulations."
(C) "Subchapter R of this chapter" and "that
			 subchap-ter" shall be replaced by "the office of surface mining reclamation and
			 enforcement."
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-7 - Permit suspension or revocation

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A proceeding to
			 suspend or revoke a permit shall begin with a show cause order issued by the
			 secretary to the permittee. The show cause order shall set forth the following:
(1) a list of the unwarranted or willful
			 violations that contribute to a pattern of violations;
(2) a copy of each order or notice containing
			 one or more of the violations listed;
(3) the basis for determining the existence
			 of a pattern of violations; and
(4) the recommendation that the permit be
			 suspended or revoked and the length and terms of the recommended suspension.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-8 - Termination of jurisdiction; adoption by reference

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) The section titled "applicability,"
			 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 shall be deleted.
(b) The following phrases shall be replaced
			 with the phrases specified in this subsection wherever the phrases appear in
			 the federal regulation adopted by reference in this regulation:
(1)
(A)
			 "Subchapter B of this chapter" shall be replaced by "
			 K.A.R.
			 47-9-4."
(B) "The State or Federal program counterpart
			 to part 800 of this chapter" shall be replaced by "article 8 of these
			 regulations."
(C) "This chapter"
			 shall be replaced by "these regulations."
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-9 - Exemption for coal extraction incidental to government-financed highway or other construction; adoption by reference

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) The following federal regulations, as in
			 effect on July 1, 2012, are adopted by reference, except as otherwise specified
			 in this regulation:
(1) Responsibility,
			 30 C.F.R.
			 707.4;
(2) definitions,
			 30
			 C.F.R. 707.5;
(3) applicability,
			 30
			 C.F.R. 707.11, except that the phrase
			 "Federal or Federal lands" shall be deleted; and
(4) information to be maintained on site,
			 30 C.F.R.
			 707.12.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-10 - Exemption for coal extraction incidental to the extraction of other minerals; adoption by reference

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) The
			 following federal regulations, as in effect on July 1, 2012, are adopted by
			 reference, except as otherwise specified in this regulation:
(1) Definitions,
			 30
			 C.F.R. 702.5;
(2) application requirements and procedures,
			 30 C.F.R.
			 702.11, except that subsection (b) shall be
			 deleted. The text "after April 1, 1990, under a Federal program or on Indian
			 lands, or after the effective date of counterpart provisions in a State
			 program" shall be replaced by "under the state act";
(3) contents of application for exemption,
			 30 C.F.R.
			 702.12;
(4) public availability of information,
			 30 C.F.R.
			 702.13;
(5) requirements for exemption,
			 30 C.F.R.
			 702.14;
(6) conditions of exemption and right of
			 inspection and entry,
			 30 C.F.R.
			 702.15. However, "§702.11(b) or" and
			 "for Federal programs and on Indian lands or in accordance with counterpart
			 provisions when included in State programs" shall be deleted;
(7) stockpiling of minerals,
			 30 C.F.R.
			 702.16;
(8) revocation and enforcement,
			 30 C.F.R.
			 702.17; and
(9) reporting requirements,
			 30 C.F.R.
			 702.18.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 6 - PERMIT REVIEW › Section 47-6-11 - Post-permit issuance requirements; adoption by reference

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) The following 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 regulatory authorities and other actions based on ownership,
			 control, and violation information,
			 30
			 C.F.R. 774.11; and
(2) post-permit issuance information
			 requirements for permittees,
			 30
			 C.F.R. 774.12.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 7 - COAL EXPLORATION › Section 47-7-2 - Coal exploration; adoption by reference

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) The following federal regulations, as in
			 effect on July 1, 2012, are adopted by reference, except as otherwise specified
			 in this regulation:
(1) Notice requirements
			 for exploration removing 250 tons of coal or less,
			 30
			 C.F.R. 772.11;
(2) permit requirements for exploration that
			 will remove more than 250 tons of coal or that will occur on lands designated
			 as unsuitable for surface coal mining operations,
			 30
			 C.F.R. 772.12;
(3) coal exploration compliance duties,
			 30 C.F.R.
			 772.13;
(4) commercial use or sale,
			 30 C.F.R.
			 772.14; and
(5) public availability of information,
			 30 C.F.R.
			 772.15.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 8 - BONDING PROCEDURES › Section 47-8-9 - Bonding procedures; adoption by reference

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) The following federal regulations, 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) definitions,
			 30
			 C.F.R. 800.5, deleting subsection
			 (c);
(3) requirement to file a
			 bond,
			 30 C.F.R.
			 800.11, deleting subsection (e);
(4) form of the performance bond,
			 30 C.F.R.
			 800.12, deleting subsection (c);
(5) period of liability,
			 30 C.F.R.
			 800.13;
(6) determination of bond amount,
			 30
			 C.F.R. 800.14;
(7) adjustment of amount,
			 30
			 C.F.R. 800.15;
(8) general terms and conditions of bond,
			 30
			 C.F.R. 800.16;
(9) bonding requirements for underground coal
			 mines and long-term coal-related surface facilities and structures,
			 30
			 C.F.R. 800.17;
(10) surety bonds,
			 30 C.F.R.
			 800.20;
(11) collateral bonds,
			 30 C.F.R.
			 800.21;
(12) replacement of bonds,
			 30
			 C.F.R. 800.30;
(13) requirement to release performance
			 bonds,
			 30
			 C.F.R. 800.40;
(14) forfeiture of bonds,
			 30 C.F.R.
			 800.50; and
(15) terms and conditions for liability
			 insurance,
			 30 C.F.R.
			 800.60, deleting subsection (d).
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 8 - BONDING PROCEDURES › Section 47-8-11 - Use of forfeited bond funds

Current through Register Vol. 43, No. 28, July 11,
			 2024
Funds collected from any bond forfeiture may only be used to
				perform the following:
(a) complete
			 the reclamation plan on the permit area on which bond was made for the surface
			 mining operation for coal; and
(b)
			 cover associated administrative expenses.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 9 - PERFORMANCE STANDARDS › Section 47-9-1 - Adoption by reference

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(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,
			 except that subsection (a) shall be deleted; and
(2) applicability,
			 30
			 C.F.R. 810.11.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 9 - PERFORMANCE STANDARDS › Section 47-9-2 - Revegetation

Current through Register Vol. 43, No. 28, July 11,
			 2024
The permittee may be requested by the secretary or secretary's
				designee 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 approved postmining land
				use.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 9 - PERFORMANCE STANDARDS › Section 47-9-4 - Interim performance standards; adoption by reference

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) The following regulations 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) and the phrase "except as provided in §710.12 of this
			 part";
(3) signs and markers,
			 30 C.F.R.
			 715.12;
(4) postmining use of land,
			 30 C.F.R.
			 715.13, deleting the second sentence in
			 (d);
(5) backfilling and grading,
			 30 C.F.R.
			 715.14, deleting subsections (b)(3) and
			 (c);
(6) disposal of excess spoil,
			 30 C.F.R.
			 715.15, deleting subsection (c);
(7) topsoil handling,
			 30 C.F.R.
			 715.16;
(8) protection of the hydrologic system,
			 30 C.F.R.
			 715.17, deleting subsection (j);
(9) dams constructed of or impounding waste
			 material,
			 30 C.F.R.
			 715.18;
(10) revegetation,
			 30
			 C.F.R. 715.20;
(11) interpretative rules related to general
			 performance standards,
			 30
			 C.F.R. 715.200; and
(12) prime farmland,
			 30 C.F.R.
			 716.7.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 10 - UNDERGROUND MINING › Section 47-10-1 - Adoption by reference; underground mining

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) The following federal regulations, 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 environmental
			 resources, 30 C.F.R. Part 783:
(A)
			 Responsibilities,
			 30
			 C.F.R. 783.4;
(B) general requirements,
			 30
			 C.F.R. 783.11;
(C) general environmental resources
			 information,
			 30
			 C.F.R. 783.12;
(D) climatological information,
			 30
			 C.F.R. 783.18;
(E) vegetation information,
			 30
			 C.F.R. 783.19;
(F) soil resources information,
			 30
			 C.F.R. 783.21;
(G) maps: general requirements,
			 30
			 C.F.R. 783.24; and
(H) cross sections, maps, and plans,
			 30
			 C.F.R. 783.25;
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 11 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 47-11-8 - Small operator assistance program; adoption by reference

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) The following federal regulations, as in
			 effect on July 1, 2012, are adopted by reference, except as otherwise specified
			 in this regulation:
(1) Definitions,
			 30
			 C.F.R. 795.3;
(2) eligibility for assistance,
			 30 C.F.R.
			 795.6, deleting subsection (b);
(3) filing for assistance,
			 30 C.F.R.
			 795.7;
(4) application approval and notice,
			 30 C.F.R.
			 795.8;
(5) program services and data requirements,
			 30 C.F.R.
			 795.9;
(6) qualified laboratories,
			 30 C.F.R.
			 795.10;
(7) assistance funding,
			 30 C.F.R.
			 795.11; and
(8) applicant liability,
			 30 C.F.R.
			 795.12.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 12 - LANDS UNSUITABLE FOR SURFACE MINING › Section 47-12-4 - Lands unsuitable for surface mining; adoption by reference

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) The following federal regulations, as in
			 effect on July 1, 2012, are adopted by reference, except as otherwise specified
			 in this regulation:
(1) Definitions,
			 30
			 C.F.R. 761.5, except that the statement
"we, us,
and
our
refer to the office of
			 surface mining reclamation and enforcement" shall be replaced by " 'we,' 'us,'
			 and 'our' refer to the Kansas department of health and environment" and the
			 phrase "or its State program counterpart" shall be deleted;
(2) areas where surface coal mining
			 operations are prohibited or limited,
			 30
			 C.F.R. 761.11, deleting subsection
			 (b);
(3) exception for existing
			 operations,
			 30 C.F.R.
			 761.12, deleting subsection (b);
(4) procedures for relocating or closing a
			 public road or waiving the prohibition on surface coal mining operations within
			 the buffer zone of a public road,
			 30
			 C.F.R. 761.14;
(5) procedures for waiving the prohibition on
			 surface coal mining operations within the buffer zone of an occupied dwelling,
			 30
			 C.F.R. 761.15;
(6) submission and processing of requests for
			 valid existing rights determinations,
			 30
			 C.F.R. 761.16;
(7) regulatory authority obligations at time
			 of permit application review,
			 30
			 C.F.R. 761.17;
(8) interpretive rule related to subsidence
			 due to underground coal mining in areas designated by act of congress,
			 30
			 C.F.R. 761.200;
(9) definitions,
			 30
			 C.F.R. 762.5;
(10) criteria for designating lands as
			 unsuitable,
			 30 C.F.R.
			 762.11;
(11) additional criteria,
			 30 C.F.R.
			 762.12. "Secretary" shall mean the "secretary
			 of the United States department of interior" and "subchapter C of this chapter"
			 shall mean "30 C.F.R. Parts 730, 731, 732, 733, 735, and 736";
(12) land exempt from designation as
			 unsuitable for surface coal mining operations,
			 30
			 C.F.R. 762.13;
(13) applicability to lands designated as
			 unsuitable by congress,
			 30
			 C.F.R. 762.14;
(14) exploration on land designated as
			 unsuitable for surface coal mining operations,
			 30
			 C.F.R. 762.15;
(15) petitions,
			 30
			 C.F.R. 764.13;
(16) initial processing, recordkeeping, and
			 notification requirements,
			 30
			 C.F.R. 764.15;
(17) hearing requirements,
			 30 C.F.R.
			 764.17;
(18) decision,
			 30
			 C.F.R. 764.19;
(19) data base and inventory system
			 requirements,
			 30 C.F.R.
			 764.21;
(20) public information,
			 30 C.F.R.
			 764.23; and
(21) regulatory authority responsibility for
			 implementation,
			 30 C.F.R.
			 764.25.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 13 - TRAINING, CERTIFICATION, AND RESPONSIBILITIES OF BLASTERS AND OPERATORS › Section 47-13-4 - Training and certification of blasters; adoption by reference

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The following
			 portions of the "permanent regulatory program 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 specified in this regulation:
(1) Definition,
			 30
			 C.F.R. 850.5;
(2) training,
			 30
			 C.F.R. 850.13;
(3) examination,
			 30
			 C.F.R. 850.14, except that for the purposes
			 of this section only, the term "regulatory authority" shall be replaced by
			 "secretary-approved blaster training program director"; and
(4) certification,
			 30
			 C.F.R. 850.15, except that for the purposes
			 of 30 C.F.R.
			 850.15(a) only, "regulatory
			 authority" shall be replaced by "state fire marshal."
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 13 - TRAINING, CERTIFICATION, AND RESPONSIBILITIES OF BLASTERS AND OPERATORS › Section 47-13-5 - Responsibilities of operators and blasters-in-charge

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each operator
			 shall perform the following:
(1) designate a
			 blaster-in-charge for each blast to be detonated in surface coal mining and
			 reclamation operations;
(2) ensure
			 that the designated blaster-in-charge is properly certified;
(3) ensure that each employee who performs
			 blasting tasks under the supervision of a blaster-in-charge has adequate
			 training;
(4) limit the size of a
			 blasting crew to 12 persons, supervised by a blaster-in-charge who is
			 continuously and readily accessible to crew members in preparing and executing
			 a blast. A larger blasting crew may be approved by the secretary if these
			 conditions exist:
(A) unusual circumstances
			 or mining methods are involved; and
(B) the operator ensures that the
			 blaster-in-charge can perform the following:
(i) provide adequate, direct supervision to
			 crew members;
(ii) remain in
			 control of blast design, preparation, and execution; and
(iii) assure that blasting complies with the
			 applicable regulations; and
(5) ensure that each blaster-in-charge shall
			 supervise no more than one crew at any given time.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 13 - TRAINING, CERTIFICATION, AND RESPONSIBILITIES OF BLASTERS AND OPERATORS › Section 47-13-6 - Training

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 seeking 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
			 application for certification by the state fire marshal.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 14 - EMPLOYEE FINANCIAL INTERESTS › Section 47-14-7 - Employee financial interest; adoption by reference

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) The following federal regulations, as in
			 effect on July 1, 2012, are adopted by reference, except as otherwise specified
			 in this regulation:
(1) Responsibility,
			 30 C.F.R. 705.4(a) and
			 (c), deleting subsection (b);
(2) penalties,
			 30
			 C.F.R. 705.6(b), deleting
			 subsection (a);
(3) who shall file,
			 30 C.F.R. 705.11(a), (b), (c), and
			 (d), deleting subsection (e);
(4) when to file,
			 30
			 C.F.R. 705.13;
(5) where to file,
			 30
			 C.F.R. 705.15;
(6) what to report,
			 30 C.F.R.
			 705.17;
(7) gifts and gratuities,
			 30 C.F.R.
			 705.18;
(8) resolving prohibited interests,
			 30 C.F.R.
			 705.19(a), deleting
			 subsection (b); and
(9) appeals
			 procedures,
			 30 C.F.R.
			 705.21.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 15 - INSPECTIONS AND ENFORCEMENT › Section 47-15-1a - Inspection and enforcement; adoption by reference

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) The following regulations 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,
			 30 C.F.R.
			 840.14;
(3) definitions,
			 30
			 C.F.R. 843.5;
(4) right of entry,
			 30 C.F.R.
			 840.12;
(5) compliance conference,
			 30 C.F.R.
			 840.16;
(6) review of adequacy and completeness of
			 inspections,
			 30 C.F.R.
			 842.14, except that "director or his or her
			 designee" shall be replaced by "secretary or secretary's designee";
(7) review of decision not to inspect or
			 enforce, 3C.F.R. 842.15, except that "OSM" shall be replaced with "Kansas
			 department of health and environment";
(8) cessation orders,
			 30 C.F.R.
			 843.11;
(9) notices of violations,
			 30 C.F.R.
			 843.12, except for the following:
(A) In subsection (a) of
			 30 C.F.R.
			 843.12, the following phrase shall be
			 deleted: "carried out during the enforcement of a federal program or federal
			 lands program or during federal enforcement of a state program under sections
			 504(b) or 521(b) of the act and part 733 of this chapter"; and
(B) paragraph (a)(2) of
			 30 C.F.R.
			 843.12 shall be deleted;
(10) suspension or revocation of permits:
			 pattern of violations,
			 30
			 C.F.R. 843.13, except that the phrase "or a
			 federal lands program" in paragraph (a)(4)(i)(A) of
			 30
			 C.F.R. 843.13 shall be deleted, and
			 paragraphs (a)(4)(i)(B) and (C) of
			 30
			 C.F.R. 843.13 shall be deleted;
(11) service of notices of violation,
			 cessation orders, and show cause orders,
			 30
			 C.F.R. 843.14, except that the first sentence
			 in subsection (c) shall be deleted and, in the second sentence, the word
			 "office" shall be replaced with "Kansas department of health and
			 environment";
(12) informal public
			 hearing,
			 30 C.F.R.
			 843.15. However, the following sentence in
			 subsection (e) shall be deleted: "Section 554 of title 5 of the United States
			 code, regarding requirements for formal adjudicatory hearings, shall not govern
			 public hearings";
(13) formal
			 review of citations,
			 30 C.F.R.
			 843.16;
(14) inability to comply,
			 30 C.F.R.
			 843.18; and
(15) compliance conference,
			 30 C.F.R.
			 843.20.