65-3455. Responsibility for payment of clean-up costs; actions to recover costs. - Kansas Statutes

65-3455

Chapter 65.--PUBLIC HEALTH Article 34.--SOLID AND HAZARDOUS WASTE

      65-3455.   Responsibility for payment of clean-up costs; actions to recover costs.Any person responsible for the discharge, abandonment ordisposal of hazardous substances which the secretarydetermines is necessary tobe cleaned up pursuant to K.S.A. 65-3453 and amendments thereto shallbe responsible for the paymentof the costs of investigation to determine whether remedial action isnecessary at the site. If remedial action is required to protect the publichealth and environment, the costs of that remedial action shall be borne bythe responsible party. If the secretary incurs costs or expends funds forsuch activities, the responsible person shall be notified of such costs andexpenditures and shall make repayment of all costs incurred for response tothe site in accordance with K.S.A. 65-3454a and amendmentsthereto. If the responsibleperson fails to payfor such costs, such payment or repayment shall be recoverable in an actionbrought bythe secretary in the district court of Shawnee county.Any money recovered under this section shall be deposited in the environmentalresponse fund.

      History:   L. 1984, ch. 219, § 4;L. 1988, ch. 256, § 4; July 1.