49-621. Same; civil penalties; amount; procedures. - Kansas Statutes

49-621

Chapter 49.--MINES AND MINING Article 6.--SURFACE-MINING LAND CONSERVATION AND RECLAMATION

      49-621.   Same; civil penalties; amount; procedures.(a) The director, upon finding that the operator has failed tocomply withany provision of this act, any provision of a reclamation plan orany condition of a license or site registration with which theoperator is required to comply pursuant to this act, may impose upon theoperator a civil penalty not exceeding $1,000 for each day of noncompliance.

      (b)   All civil penalties assessed pursuant to this section shall be due andpayable within 35 days after written notice of the imposition of a civilpenalty has been served upon whom the penalty is being imposed, unless a longerperiod of time is granted by the director or unless the operator appeals theassessment as provided in this section.

      (c)   No civil penalty shall be imposed under this section except upon thewritten order of the director or the director's designee to the operator uponwhom the penalty is to be imposed, stating the nature of the violation, thepenalty imposed and the right of the operator upon whom the penalty is imposedto appeal to the director for a hearing on the matter. An operator upon whom acivil penalty has been imposed may appeal, within 15 days after service of theorder imposing the civil penalty, to the director. If appealed, a hearingshall be conducted in accordance with the provisions of the Kansasadministrative procedure act. The decision of the director shall be finalunless review is sought under subsection (d).

      (d)   Any action of the director pursuant to this section is subject to reviewin accordance with the act for judicial review and civil enforcement of agencyactions.

      History:   L. 1994, ch. 197, § 21; July 1.