55-1639. Same; Violations, penalties; commission authority. - Kansas Statutes

55-1639

Chapter 55.--OIL AND GAS Article 16.--MISCELLANEOUS PROVISIONS

      55-1639.   Same; Violations, penalties; commissionauthority.(a) The commission, upon a finding that a person hasviolated any provision ofK.S.A. 2009 Supp.55-1637, and amendments thereto, orrules andregulations adopted thereunder, may impose a penalty not to exceed $10,000 perviolation which shall constitute an economic deterrent to the violation forwhich it is assessed and, in the case of a continuing violation, every day suchviolation continues shall be deemed a separate violation.

      (b)   No penalty shall be imposed pursuant to this section except after anopportunity for hearing upon the written order of the commission to the personwho committed the violation. The order shall state the violation and thepenalty to be imposed.

      (c)   Whenever the commission or the commission's duly authorized agents findthat the escape of carbon dioxide into the atmosphere from injection of carbondioxide is not being prevented or that the soil or waters of the state are notbeing protected from pollution resulting from injection of carbon dioxide, thecommission or the commission's duly authorized agents shall issue an orderprohibiting such injection. Any person aggrieved by such order may request inwriting, within 15 days after service of the order, a hearing on the order.Upon receipt of a timely request, a hearing shall be conducted in accordancewith the provisions of the Kansas administrative procedure act.

      (d)   Any action of the commission pursuant to this section is subject toreview in accordance with the act for judicial review and civil enforcement ofagency actions.

      History:   L. 2007, ch. 73, § 4; July 1.