Kansas Statutes 49-620. Bond forfeiture proceedings; satisfaction of operator obligation to reclaim affected lands; use of proceeds to reclaim affected lands
Terms Used In Kansas Statutes 49-620
- Affected land: means the area of land from which overburden has been removed or upon which overburden has been deposited, or both, but shall not include crushing areas, stockpile areas or roads. See Kansas Statutes 49-603
- 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
- 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
- Secretary: means the Kansas secretary of agriculture. See Kansas Statutes 49-603
Once an order issued pursuant to this act becomes a final order, the secretary, upon request of the director, shall institute proceedings for forfeiture of the bond posted by an operator to guarantee reclamation of a site where the operator is in violation of any of the provisions of this act or any rule and regulation adopted by the director pursuant to this act. Forfeiture of the operator’s bond shall fully satisfy all obligations of the operator to reclaim affected land covered by the bond. The director shall have the power to reclaim, as required by Kan. Stat. Ann. § 49-611, and amendments thereto, any surface mined land with respect to which a bond has been forfeited, using the proceeds of the forfeiture to pay for the necessary reclamation work.