65-34,172. Plan; enforcement; use of information as basis of other enforcement actions. - Kansas Statutes

65-34,172

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

      65-34,172.   Plan; enforcement; use of information as basis of otherenforcement actions.(a) Voluntary cleanup plans are not enforceable against anapplicant unless the department can demonstrate that an applicantwho initiated a voluntary cleanup under an approved plan has failed to fullyimplement that plan. In that case, the department may require further actionif such action is authorized by other state statutes administered by thedepartment or rules and regulations of the department.

      (b)   Information provided by an applicant to support a voluntarycleanup plan shall not provide the department with an independent basis to seekpenalties from the applicant pursuant to applicable statutes or rules andregulations. If, pursuant to other applicable statutes or rules andregulations, the department initiates an enforcementaction against the applicant subsequent to the submission of a voluntarycleanup plan regarding the contamination addressed in the plan, the voluntarydisclosure of the information in the plan shall be considered by the enforcingauthority to mitigate penalties which could be assessed to the applicant.

      History:   L. 1997, ch. 137, § 12; July 1.