Kansas Statutes 49-609. Same; amendment or cancellation of registration, applications; procedures and requirements
(a) An operator may at any time apply for amendment or cancellation of registration of any site. The application for amendment or cancellation of registration shall be submitted by the operator on a form provided by the director and shall identify as required under Kan. Stat. Ann. § 49-607 the tract or tracts of land to be added to or removed from registration.
(b) If the application is for an increase in the area of a registered site, the application shall be processed in the same manner as an application for original registration.
Terms Used In Kansas Statutes 49-609
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Director: means the executive director of the division or a designee. See Kansas Statutes 49-603
- Operator: means any person who engages in surface mining or operation of an underground mine or mines. See Kansas Statutes 49-603
- Overburden: means all of the earth and other materials that lie above the natural deposits of material being mined or to be mined. See Kansas Statutes 49-603
- Reclamation: means the reconditioning of the area of land affected by surface mining to a usable condition for agricultural, recreational or other use. See Kansas Statutes 49-603
- Surface mining: means the mining of material, except for coal, oil and gas, for sale or for processing or for consumption in the regular operation of a business by removing the overburden lying above natural deposits and mining directly from the natural deposits exposed, or by mining directly from deposits lying exposed in their natural state, or the surface effects of underground mining. See Kansas Statutes 49-603
(c) If the application is to cancel registration of any or all of the unmined part of a site, the director, after ascertaining that no overburden has been disturbed or deposited on the land, shall order release of the bond or the security posted on the land being removed from registration and cancel or amend the operator’s written authorization to conduct surface mining on the site.
(d) Land where overburden has been disturbed or deposited shall substantially meet the criteria established by the reclamation plan submitted with the registration application before the land shall be removed from registration or released from bond or security under this section.