65-34,108. Enforcement of act; duties of owner or operator; records, reports, documents, other information. - Kansas Statutes

65-34,108

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

      65-34,108.   Enforcement of act; duties of owneror operator; records, reports, documents,other information.(a) For the purposes of developing or assisting in thedevelopment of any rule and regulation, conducting any study or enforcingtheprovisions of this act:

      (1)   It shall be the duty of any owner or operator ofa storage tank,upon the request of any duly authorized representative of the secretarymade at any reasonable time, to furnish information relating to the storagetank, including tank equipment and contents, to conduct monitoring ortesting, to permit such authorized representative to have access to and tocopy all records relating to such tank.

      (2)   Any authorized representative of thesecretary is authorized to enter at reasonable times any establishment orplace where a storage tank is located, to inspect andobtain samples fromany person of any regulated substance contained in such storage tank, andto conduct or require the owner or operator to conduct monitoring ortesting of such storage tank, associated equipment, tank contents orsurroundingsoils, air, surface water or groundwater.

      (b)   Each inspection shall be commenced and completed with reasonablepromptness.

      (c)   Any records, reports, documents or information obtained from anyperson under this act shall be available to the public except as provided inthis section.

      (d)   Any person submitting any records, reports, documents or informationrequired by this act, may, upon a showing satisfactory to the secretary,claim any portion of such record, report, document or informationconfidential as a trade secret. The department shall establish proceduresto insure that trade secrets are utilized by the secretary or anyauthorized representative of the secretary only in connection with theresponsibilities of the department pursuant to this act. Trade secretsshall not be otherwise used or disseminated by the secretary or anyrepresentative of the secretary without the consent of the personfurnishing the information.

      (e)   Notwithstanding any limitation contained in this section, allinformation reported to, or otherwise obtained by the department under thisact, shall be made available to the administrator of the United Statesenvironmental protection agency, or an authorized representative of theadministrator, upon written request. In submitting any trade secrets tosuch administrator or the authorized representative of such administrator,the secretary shall submit the claim of confidentiality to theadministrator or authorized representative of the administrator.

      History:   L. 1989, ch. 186, § 9;L. 1992, ch. 311, § 6; July 1.