65-3012. Action to protect health or environment; judicial review procedures. - Kansas Statutes

65-3012

Chapter 65.--PUBLIC HEALTH Article 30.--AIR QUALITY CONTROL

      65-3012.   Action to protect health or environment;judicial review procedures.(a) Upon receipt of evidence thatemissions from an air pollution source or combination of airpollution sources presents: (1) An imminent and substantialendangerment to public health orwelfare or to the environment; or (2) for an imminent or actualviolation of this act, any rules and regulations adopted under this act, anyordersissued under this act or any permit conditions required by this act, thesecretary may issue atemporary order not to exceed seven days in duration, directing the owner oroperator, or both, to take such steps as necessary to prevent the act oreliminate the practice.

      (b)   Upon issuance of the temporary order,the secretary may commence an actionin the district court to enjoin acts or practices specified insubsection (a) or request the attorney general orappropriate county or district attorney to commence an action to enjoin thoseacts or practices.

      (c)   The secretary may bring suit in any court of competent jurisdiction toimmediately restrain the acts or practices specified in subsection (a). Anactionfor injunction under this subsection shall have precedence over other cases inrespect to order of trial.

      (d)   The owner or operator, or both, aggrieved by an order of the secretaryissued pursuant to this section shall be immediately entitled to judicialreview of such agency action by filing a petition for judicial review indistrict court. The aggrieved party shall not be required to exhaustadministrative remedies. A petition for review under this subsection shall haveprecedence over other cases in respect to order of trial.

      History:   L. 1967, ch. 347, § 12;L. 1970, ch. 261, § 12;L. 1974, ch. 352, § 144;L. 1993, ch. 13, § 12;L. 2009, ch. 141, § 25; May 28.