65-1,229. Same; enforcement. - Kansas Statutes

65-1,229

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

      65-1,229.   Same; enforcement.(a) Upon receipt of information that approvedenvironmental use controls are notbeing implemented in accordance with an approved environmental use controlagreement orthat propertysubject to an approved environmentalcontrol presentsa hazard to human health or the environment, the secretary may take suchactions as may benecessary to protect human health or the environment. The action the secretarymay take shallinclude, but not be limited to:

      (1)   Issuing an order directing the owner of the subject property to take suchsteps as are necessary to correct any deficiencies andfully implement theapproved environmental use controls.

      (2)   Issuing an order retracting the approval of the remedial action for thesubject property,which includedthe environmental use control as part of the remedy and require the owner ofthe property toimplement remediation of the property to a cleanup standard which will allowfor unrestricted use of the property.

      (3)   Forcategory 3 property as described in subsection (c)(3) ofK.S.A. 2009 Supp.65-1,226, andamendments thereto, commencingan action enjoining acts or practices set forth in theapprovedenvironmental use controls or requesting that the attorney general orappropriate district or countyattorney commence an action to enjoin such actions which result in approvedenvironmental usecontrols not being implemented or not being fully or properly implemented orwhich present substantial and imminent threat or hazard tohuman health or the environment.

      (b)   Any order of the secretary pursuant to subsection (a)(1) or (a)(2) issubject tohearing and reviewin accordance withK.S.A. 2009 Supp.65-1,234, and amendments thereto.

      (c)   An environmental use control may not be separated from the property andsurvivesforeclosure of a mortgage, lien or other encumbrance, as well as tax sales andthe issuance of a taxdeed.

      History:   L. 2003, ch. 130, § 9; July 1.