65-7010. Civil penalties. - Kansas Statutes

65-7010

Chapter 65.--PUBLIC HEALTH Article 70.--CHEMICAL CONTROL

      65-7010.   Civil penalties.(a) The secretary of the department of health andenvironment orthe director ofthe division of environment, if designated by the secretary, upon a findingthat a person hasviolated any provision of this act may impose a penalty not to exceed $25,000which shallconstitute an actual and substantial economic deterrent to the violation forwhich it is assessedand, in the case of a continuing violation, every day such violation continuesshall be deemed aseparate violation.

      (b)   No penalty shall be imposed pursuant to this section except after noticeof violationand opportunity for hearing upon the written order of the secretary or thedirector of the divisionof environment, if designated by the secretary, to the person who committed theviolation. Theorder shall state the violation, the penalty to be imposed and the right toappeal to the secretaryfor a hearing thereon. Any person may appeal an order by making a writtenrequest to thesecretary for a hearing within 15 days of service of such order. Proceedingsunder this subsectionshall be conducted in accordance with the provisions of the Kansasadministrative procedure act.

      (c)   Any sum assessed under this section shall be deposited in the chemicalcontrol fund.

      (d)   Any final action of the secretary pursuant to this section is subject toreview inaccordance with the act for judicial review and civil enforcement of agencyactions.

      History:   L. 1999, ch. 170, § 16; July 1.