55-1640. Same; commission ingress and egress for investigation and enforcement. - Kansas Statutes

55-1640

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

      55-1640.   Same; commission ingress and egress forinvestigation and enforcement.(a) In performing investigations or administrative functionsrelating to prevention of escape of carbon dioxide into the atmosphere frominjection of carbon dioxide or prevention of pollution of the soil or waters ofthe state, the commission or the commission's duly authorized representativesmay enter any property or facility which is subject to the provisions ofK.S.A. 2009 Supp.55-1637, and amendments thereto, for the purpose ofobserving, monitoring,collecting samples, examining records and facilities to determine compliance ornoncompliance with state laws and rules and regulations relating to airpollution, water pollution, soil pollution or public health or safety.

      (b)   The representatives of the commission shall have the right of ingress andegress upon any lands to halt escape of carbon dioxide into the atmosphere frominjection of carbon dioxide and to clean up pollution from injection of carbondioxide over which the commission has jurisdiction pursuant to K.S.A. 2009Supp. 55-1637, andamendments thereto. Such representatives shall have the power to occupy suchland if necessary to investigate and prevent such escape or clean up suchpollution or to investigate and plug any such carbon dioxide injection well.Any representative entering upon any land to investigate and prevent suchescape or clean up such pollution or to investigate and plug any such carbondioxide injection well shall not be liable for any damages necessarilyresulting therefrom, except damages to growing crops, livestock or improvementson the land. Upon completion of activities on such land, such representativeshall restore the premises to the original contour and condition as nearly aspracticable.

      History:   L. 2007, ch. 73, § 5; July 1.