Kan. Admin. Regs. § 47-1-9 - Notice of citizen suits
(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.
(b) Service of the
notice shall be complete upon receipt by the person being notified.
(c) Each person giving notice regarding an
alleged violation shall state the following to the extent known:
(1) Sufficient information to identify the
provision of the state act, rule or regulation, order, or permit allegedly
violated;
(2) the act or omission
constituting the alleged violation;
(3) the name, address, and telephone numbers
of the person or persons responsible for the alleged violation;
(4) the date, time, and location of the
alleged violation;
(5) the name,
address, and telephone number of the person giving notice; and
(6) the name, address, and telephone number
of legal counsel, if any, of the person giving notice.
(d) Each person giving notice of an alleged
failure by the secretary to perform a mandatory act or duty under the state act
shall state the following to the extent known:
(1) the provision of the state act containing
the mandatory act or duty allegedly not performed;
(2) sufficient information to identify the
omission constituting the alleged failure to perform a mandatory act or duty;
(3) the name, address, and
telephone number of the person giving notice; and
(4) the name, address, and telephone number
of legal counsel, if any, of the person giving notice.
Notes
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