49-427. Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration perm
49-427
49-427. Coal exploration operations; explorationregulations; tradesecrets or privileged commercial or financial information confidential;limitationson amount of coal removed under exploration permit.(a) Coal exploration operations which substantially disturbthe natural land surface shall be conducted in accordance with explorationregulations issued by the secretary. Such regulations shallinclude, at a minimum(1) the requirement that prior to conducting any exploration under thissection, any person must file with the department a notice ofintention to exploreand such notice shall include a description of the exploration area andthe period of supposed exploration and (2) provisions for reclamation inaccordance with the performance standards of this act of all lands disturbedin exploration, including excavations, roads, drill holes, and the removalof necessary facilities and equipment.
(b) Information submitted to the department pursuant tothis section which isa trade secret under the uniform trade secrets act (K.S.A. 60-3320et seq. and amendments thereto), or informationsubmitted to the department as privileged commercial or financialinformation which relates to the competitive rights of the person or entityintended to explore the described area shall be considered confidentialandshall not be available for public examination.
(c) Any person who conducts any coal exploration activities whichsubstantiallydisturb the natural land surface in violation of this section or regulationsissued pursuant thereto shall be subject to the penalty provisions of this act.
(d) No operator shall remove more than 250 tons ofcoal pursuant to an exploration permit without specific written authorityof the secretary.
History: L. 1979, ch. 169, § 15;L. 1988, ch. 192, § 28;L. 2005, ch. 67, § 4; July 1.