KANSAS STATUTES AND CODES

65-3018. Administrative fines.

65-3018

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

65-3018. Administrative fines.(a) The secretary or the director of the division of environment, upon afinding thata person has violated any provision of K.S.A. 65-3025 and amendmentsthereto, mayimpose a penalty not to exceed $10,000 which shall constitute an actual andsubstantial economic deterrent to the violation for which it is assessed. Inthe case of a continuing violation, every day such violation continues shall bedeemed a separate violation.

(b) No penalty shall be imposed pursuant to this section except afternotice of violation and opportunity for hearing upon the written order of thesecretary or the director of the division of environment issued to the personwho committed theviolation. The order shall state the violation, the penalty to be imposed andthe right to request a hearing thereon. The request for hearing shall be inwriting, directed to the secretary and filed with the secretary within 15 daysafter service of the order. Hearings under this section shall be conducted inaccordance with the Kansas administrative procedure act.

(c) Nothing in this act shall be construed to abridge, limit orotherwise impair the right of any person to damages or other relief onaccount of injury to persons or property and to maintain any action orother appropriate proceeding therefor.

History: L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150;L. 1993, ch. 13, § 14; March 25.