65-34,149. Liability limitations. - Kansas Statutes

65-34,149

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

      65-34,149.   Liability limitations.(a) The state of Kansas, thefund, the secretary or the department or agents or employees thereof, shall notbe liable for lossof business, damages or taking of property associated with any correctiveaction taken pursuant to this act.

      (b)   Nothing in this act shall establish or create any liability orresponsibility on the part of the secretary, the departmentor the state of Kansas, or agents or employees thereof, to pay any correctiveaction costs from any source other than the fund or to takecorrective action if the moneys in the fund are insufficient to do so.

      (c)   To the extent that an owner or other person iseligible, under the provisions of this act, to have corrective action costspaid by the fund, no administrative or judicial claim may be made under statelaw against any such owner or other person by or on behalf of a state or localgovernment or by any person to compel corrective action or seek recovery of thecosts of corrective action which result from the release of drycleaningsolvents from a drycleaning facility.

      (d)   Moneys in the fund shall not be usedfor compensating third parties for bodily injury or property damage caused by arelease from a drycleaning facility, other than property damage included in thecorrective action plan approved by the secretary.

      History:   L. 1995, ch. 162, § 8; July 1.