STATE STATUTES & CODES
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
KANSAS STATUTES AND CODES
55-1,119. Same; penalties for violations of rules and regulations.
55-1,119
55-1,119. Same; penalties for violations of rulesand regulations.(a) The secretary or the directorof the division of environment, if designated by the secretary, upon a findingthat a person hasviolated any provision of K.S.A. 55-1,117, and amendments thereto,or rules andregulations adoptedthereunder, may impose a penalty not to exceed $10,000 per violation whichshall constitute aneconomic deterrent to the violation for which it is assessed and, in the caseof a continuingviolation, every day such violation continues shall be deemed a separateviolation.
(b) No penalty shall be imposed pursuant to this section except after anopportunity forhearing upon the written order of the secretary or the director of the divisionof environment, ifdesignated by the secretary, to the person who committed the violation. Theorder shall state theviolation, the penalty to be imposed and, in the case of an order of thedirector of the division ofenvironment, the right to appeal to the secretary for a hearing thereon. Any person may appeal anorder of the director of the division of environment by making a written request to the secretaryfor a hearing within 15 days of service of such order. Hearings under thissubsection shall beconducted in accordance with the provisions of the Kansas administrativeprocedure act.
(c) Whenever thesecretary or the secretary's duly authorized agents find that thesoil or waters of thestate are not being protected from pollution resulting from underground storageof liquidpetroleum gas and hydrocarbons, other than natural gas in underground porositystorage, thesecretary or the secretary's duly authorized agents shall issue an orderprohibiting suchunderground storage. Any person aggrieved by such order may request in writing,within 15 days after service of the order, a hearing on the order. Upon receiptof a timelyrequest, a hearing shallbe conducted in accordance with the provisions of the Kansas administrativeprocedure act.
(d) Any action of the secretary pursuant to this section is subject to reviewin accordancewith the act for judicial review and civil enforcement of agency actions.
History: L. 2001, ch. 191, § 11; July 1.