STATE STATUTES & CODES
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KANSAS STATUTES AND CODES
65-34,106. Permit to construct, install, modify or operate storage tank.
65-34,106
65-34,106. Permit to construct, install, modify or operatestorage tank.(a) No personshall construct, install, modify or operate astorage tank unlessapermit or other approval is obtained from the secretary.Applications for permitsshall include proof that the required performance standards will be met andapplications for underground storage tank permits shall include evidence offinancial responsibility. For purposes of administering thissection, any underground storage tank registered with the department onMay 18, 1989, and any aboveground storage tank registered with thedepartment on July 1, 1992, shall be deemed to be apermitted storage tank so long asthe owner or operator shall comply with all applicable provisions of this act.
(b) Permits may be transferred upon acceptance of the permit obligationsby the person who is to assume the ownership or operational responsibilityof the storage tank from the previous owner or operator. Thedepartmentshall furnish a transfer of permit form providing for acceptance of thepermit obligations. A transfer of permit form shall be submitted to thedepartment not less than seven days prior to the transfer of ownership oroperational responsibility of the storage tank.
(c) The secretary may deny, suspend or revoke any permit issued orauthorized pursuant to this act if the secretary finds, after notice andthe opportunity for a hearing conducted in accordance with the Kansasadministrative procedure act, that the person has:
(1) Fraudulently or deceptively obtained or attempted to obtain a storage tank permit;
(2) failed at any time to maintain a storage tank inaccordance with therequirements of this act or any rule and regulation promulgated hereunder;
(3) failed at any time to comply with the requirements of this act orany rule and regulation promulgated hereunder; or
(4) failed at any time to make any retrofit or improvement to a storagetank which is required by this act or any rule and regulation promulgatedhereunder.
(d) Any person aggrieved by an order of the secretary may appeal theorder in accordance with provisions of the act for judicial review andcivil enforcement of agency actions.
History: L. 1989, ch. 186, § 7;L. 1992, ch. 311, § 5; July 1.