(a) If control of an active site or the right to conduct any future mining at an inactive site is acquired by an operator other than the operator holding authorization to conduct surface mining on the site, the new operator, within 15 days, shall apply for registration of the site in the new operator’s name. The application shall be made and processed as provided under Kan. Stat. Ann. §§ 49-607 and 49-608. The former operator’s bond or security shall not be released until the new operator’s bond or security has been accepted by the director.

(b) The director may establish procedures for transferring the responsibility for reclamation of a mine site to a state agency or political subdivision which intends to use the site for other purposes. The director, with agreement from the receiving agency or subdivision to complete adequate reclamation, may approve the transfer of responsibility, release the bond or security, and terminate or amend the operator’s authorization to conduct surface mining on the site.

Terms Used In Kansas Statutes 49-610

  • Active site: means a site where surface mining is being conducted. See Kansas Statutes 49-603
  • Director: means the executive director of the division or a designee. See Kansas Statutes 49-603
  • Inactive site: means a site where surface mining is not being conducted but where overburden has been disturbed in the past for the purpose of conducting surface mining and an operator anticipates conducting further surface mining operations in the future. See Kansas Statutes 49-603
  • Mine: means any underground or surface mine developed and operated for the purpose of extracting rocks, minerals and industrial materials, other than coal, oil and gas. 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
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • 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
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