KANSAS STATUTES AND CODES

65-170d. Public water supply systems; pollution violations; penalties; procedure; hearings.

65-170d

Chapter 65.--PUBLIC HEALTH Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES

65-170d. Public water supply systems; pollution violations; penalties;procedure; hearings.(a) Any person who violates: (1) Any term or condition of any sewage dischargepermit issued pursuant to K.S.A. 65-165 and amendments thereto; (2) anyeffluent standard or limitationor any water quality standard or other rule or regulation promulgated pursuantto K.S.A. 65-171d and amendments thereto; (3) any filing requirementmade pursuant to K.S.A. 65-164or 65-166, and amendments thereto; (4) any reporting, inspection ormonitoring requirement madepursuant to this act or K.S.A. 65-166 and amendments thereto; or (5)any lawful order or requirementof the secretary of health and environment shall incur, in addition to anyother penalty provided by law, a civil penalty in an amount of up to $10,000for every such violation. In the caseof a continuing violation, every day such violation continues shall, forthe purpose of this act, be deemed a separate violation.

(b) The director of the division of environment, upon a finding that aperson has violated any provision of subsection (a), mayimpose a penalty within the limits provided in this section, which penaltyshall constitute an actual and substantial economic deterrent to the violationfor which it is assessed.

(c) No such penalty shall be imposed except upon the written order ofthe director of the division of environment to such person stating the violation,the penalty to be imposed and the right of such person to appeal tothesecretary of health and environment. Any such person may, within 15days after service of the order make written requestto the secretary of healthand environment for a hearing thereon. The secretary of health and environmentshall hear such person or persons in accordance with the provisions ofthe Kansas administrative procedure act within 30 days after receiptof such request.

(d) Any action of the secretary pursuantto this section is subject to review in accordance with the act forjudicial review and civil enforcement of agency actions.

History: L. 1973, ch. 244, § 4; L. 1974, ch. 352, § 33;L. 1986, ch. 318, § 86;L. 1988, ch. 356, § 180; July 1, 1989.