Kan. Admin. Regs. § 47-2-75 - Definitions; adoption by reference
The following federal regulations, as in effect on July 1, 2012, are adopted by reference, except as otherwise specified in this regulation:
(a) The section titled
definitions,
30
C.F.R. 700.5, shall be altered as follows:
(1) The following text shall be deleted from
the definition of "anthracite": "Notices of changes made to this publication
will be periodically published by the Office of Surface Mining in the Federal
Register. This ASTM standard is on file and available for inspection at the OSM
Office, U.S. Department of the Interior, South Interior Building, Washington,
D.C. 20240, at each OSM Regional Office, District Office and Field Office, and
at the central office of the applicable State Regulatory Authority, if any.
Copies of this publication may also be obtained by writing to the above
locations. A copy of this publication will also be on file for public
inspection at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html. Incorporation by reference
provisions approved by the Director of the Federal Register February 7, 1979.
The Director's approval of this incorporation by reference expires on July 1,
1981."
(2) "Department" means
Kansas department of health and environment.
(3) "Director" means director, office of
surface mining reclamation and enforcement, in the following instances:
(4) "Person" shall have the meaning specified
in
K.S.A. 49-403, and amendments thereto.
(5) "Regulatory authority" and "state
regulatory authority" shall have the meaning specified in
K.A.R.
47-2-53.
(6) "Regulatory program" shall have the
meaning specified in
K.A.R.
47-2-53a.
(7) "Secretary" means secretary of the Kansas
department of health and environment.
(8) "Surface coal mining and reclamation
operations" shall have the meaning specified in
K.S.A. 49-403, and amendments thereto.
(9) "Surface coal mining operations" shall
have the meaning specified in
K.S.A. 49-403, and amendments
thereto.
(b) The section
titled "definitions,"30
C.F.R. 701.5, shall be altered as specified
in this subsection.
(1)
(A) "Act" shall be replaced by "state
act."
(B) In the definitions of
"Applicant/Violator System or AYS," "Federal Program," "State Program," and the
portion of the definition for "Permittee" that states "section 523 of the Act,"
the word "Act" shall mean the Surface Mining Control and Reclamation Act of
1977, Pub. L. 9587. All other references to "Act" shall mean the "state
act."
(C) In the definition of
"cumulative impact area," the following text shall be deleted: "and (d) all
operations required to meet diligent development requirements for leased
Federal coal for which there is actual mine development information available."
The word "and" shall be placed immediately before subsection (c).
(D) In the definitions of "federal program"
and "state program" in this subsection, "Secretary" shall mean the director,
office of surface mining reclamation and enforcement. In the definition of
"prime farmland" in this subsection, the term "Secretary" shall mean the
secretary of agriculture. All other references to "Secretary" shall mean the
secretary of the Kansas department of health and environment. In the definition
of "federal program," "Director" shall mean the director, office of surface
mining reclamation and enforcement.
(E) "Imminent danger to the health and safety
of the public" shall have the meaning specified in K.S.A. 49403, and amendments
thereto.
(F) "Operator" shall have
the meaning specified in
K.S.A. 49-403, and amendments thereto.
(G) The definition of "performance bond"
shall be replaced with the following:
" 'Performance bond' means a surety bond, collateral bond or a combination thereof, by which a permittee assures faithful performance of all the requirements of the state act, these regulations, a state program, and the requirements of the permit and reclamation plan."
(H) "Permit" shall have the meaning specified
in
K.S.A. 49-403, and amendments thereto.
(I) "Permit area" shall have the meaning
specified in
K.S.A. 49-403, and amendments thereto.
(J) In the definition of "permittee," the
phrase "by the Director pursuant to a Federal program, by the Director pursuant
to a Federal lands program" shall be deleted. In the definition of "permittee,"
"Director" shall mean the director, office of surface mining reclamation and
enforcement.
(K) "Significant,
imminent environmental harm to land, air or water resources" shall have the
meaning specified in
K.A.R.
47-2-58.
(L) "Subchapter J of this chapter" shall be
replaced by "article 8 of these regulations."
(M) "This chapter" shall be replaced by
"these regulations."
(N) In the
definition of "Violation, failure, or refusal," the text "(1) A failure to
comply with a condition of a Federally-issued permit or of any other permit
that OSM is directly enforcing under section 502 or 521 of the Act or the
regulations implementing those sections" shall be replaced with the following
text: "
(1) A failure to comply with a
condition of a permit issued by the Kansas department of health and environment
under
K.S.A. 49-405 and
K.S.A. 49-406, and amendments thereto, or the
regulations implementing those sections."
(2) The following federal definitions shall
be deleted:
(A) "Agricultural
activities";
(B) "alluvial valley
floors";
(C) "arid and semiarid
area";
(D) "essential hydrologic
functions";
(E)
"farming";
(F) "flood
irrigation";
(G) "materially damage
the quality and quantity of water";
(H) "special bituminous coal
mines";
(I)
"subirrigation";
(J) "undeveloped
rangeland"; and
(K) "upland
areas."
(3)
(A) "Part 845 or 846 of this chapter" and
"parts 724 and 846 of this chapter" shall be replaced by "K.A.R.
47-5-5a."
(B) "Parts 773, 774, and 778 of this chapter"
shall be replaced by "articles 3 and 6 of these regulations and
K.A.R.
47-3-42(a)(2) through (31)."
(C) "Section 404 or under section 402(g)(4)
of the Act" shall be replaced by "K.S.A. 49-428, and amendments thereto."
(D) "Section 502" shall be replaced by
"K.S.A. 49-406, and amendments thereto."
(E) "Section 518(b) or section 703 of the
Act" shall be replaced by "K.S.A. 49-405c or
K.S.A. 75-2973, and amendments thereto."
(F) "Section 521 of the Act" shall be
replaced by "K.S.A. 49-405, and amendments thereto."
(G) "Sections 507 and 510(c) of the Act"
shall be replaced by "K.S.A. 49-406 and
K.S.A. 49-407(b), and amendments
thereto."
(4)
(A) "30 CFR chapter VII" shall be replaced by
"article 1 of these regulations."
(5)
(A) "§761.5 of this chapter" shall be
replaced by "K.A.R.
47-12-4(a)(1)."
(B) "§773.13 of this chapter" shall be
replaced by "K.A.R.
47-3-42(a)(9)."
(C) "§800.11(e) of this chapter" shall
be replaced by "K.A.R.
47-8-9(a)(3)."
(D) "§800.50 of this chapter" and
"§800.50(d)(1) of this chapter" shall be replaced by "K.A.R.
47-8-9(a)(14)."
(E) "§843.11 of this chapter" shall be
replaced by "K.A.R.
47-15-1a(a)(8)."
(F) "§843.12 of this chapter" shall be
replaced by "K.A.R.
47-15-1a(a)(9)."
(G) "§§784.20 and 817.121 of this
chapter" and "§§784.20 and 817.121" shall be replaced by "K.A.R.
47-10-1(a)(2)(K) and
K.A.R.
47-9-1(d)(39)."
(H) "§§816.102(d) and 817.102(d) of
this chapter" shall be replaced by "K.A.R.
47-9-1(c)(35) and (d) ( 33)
."
Notes
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