49-402a. Jurisdiction and authority vested in department of health and environment; powers, duties and functions conferred; abolition of board and office of executive director; application of document
49-402a
49-402a. Jurisdiction and authority vested in department of health andenvironment; powers, duties and functions conferred; abolition of board andoffice of executive director; application of documentary references anddesignations; rules and regulations, permits, orders and directivescontinued in effect until superseded.(a) The Kansas department of health and environmentshall have jurisdiction and authority to regulate the reclamation of landsaffected by surface mining operations in order to encourage productive use of such lands.
(b) Except as otherwise provided by this act, all of the powers, dutiesand functions of the state corporation commission relating to mined-landconservation and reclamation are hereby transferred to and conferred andimposed upon the Kansas department of health and environment.
(c) The mined-land conservation and reclamation board and the office ofexecutive director created by K.S.A. 49-404, and amendments thereto, are hereby abolished.
(d) Except as otherwise provided by this act, all of the powers, dutiesand functions of the existing mined-land conservation and reclamation boardare hereby transferred to and conferred and imposed upon the secretary ofthe Kansas department of health and environment.
(e) Except as otherwise provided by this act, the secretary of theKansas department of health and environment shall be the successor in everyway to the powers, duties and functions of the mined-land conservation andreclamation board in which the same were vested prior to the effective dateof this act. Every act performed in the exercise of such powers, dutiesand functions by or under the authority of the secretary of the Kansasdepartment of health and environment shall be deemed to have the same forceand effect as if performed by the mined-land conservation and reclamationboard in which such powers, duties and functions were vested prior to theeffective date of this act.
(f) Except as otherwise provided by this act, whenever the mined-landconservation and reclamation board, or words of like effect, is referred toor designated by a statute, contract or other document, such referenceshall be deemed to apply to the secretary of the Kansas department ofhealth and environment.
(g) All rules and regulations of the mined-land conservation andreclamation board in existence on the effective date of this act shallcontinue to be effective and shall be deemed to be duly adopted rules andregulations of the secretary of the Kansas department of health andenvironment until revised, amended, revoked or nullified pursuant to law.
(h) All permits, orders and directives of the mined-land conservationand reclamation board in existence on the effective date of this act shallcontinue to be effective and shall be deemed to be permits, orders anddirectives of the secretary of the Kansas department of health andenvironment until revised, amended, revoked or nullified pursuant to law.
History: L. 1988, ch. 192, § 1; July 1.