Kan. Admin. Regs. § 47-16-1 - Eligible lands and water
(a) Coal mined
lands and associated waters shall be eligible for reclamation activities if
these conditions are met:
(1) they were mined
or affected by mining processes;
(2) they were mined before August 3, 1977,
and were left or abandoned in an unreclaimed or inadequately reclaimed
condition; and
(3) there is no
continuing responsibility for reclamation by the operator, permittee, or agent
of the permittee under statutes of the state or federal government or a result
of bond forfeiture. Bond forfeiture shall render lands or water ineligible only
if the amount forfeited is sufficient to pay the total cost of the necessary
reclamation.
(b) Lands
and water that were mined or affected by mining for minerals and materials
other than coal shall be eligible for reclamation activities if all reclamation
with respect to abandoned coal mine land and water has been accomplished within
the state.
(c) "Left or abandoned
in an unreclaimed or inadequately reclaimed condition" means land and water
that meet the following conditions:
(1) were
mined or affected by such mining, wastebanks, processing, or other mining
processes before August 3, 1977, and on which all mining has ceased;
(2) continue, in their present condition, to
substantially degrade the quality of the environment, prevent or damage the
beneficial use of land or water resources, or endanger the health and safety of
the public; and
(3) are not
subject to any continuing reclamation responsibility under state or federal
laws.
Notes
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