HB 2434--
Session of 1997
By Committee on Environment

9 AN ACT concerning levees and fills; relating to maintenance and con- 10 struction; providing penalties for certain violations of law relating 11 thereto. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. (a) Any person, corporation, drainage or levee district, 15 county, city or township that violates K.S.A. 24-126, and amendments 16 thereto, or any rule and regulation adopted thereunder, in addition to 17 any other penalty provided by law, may incur a civil penalty imposed 18 under subsection (b) in the amount fixed by rules and regulations of the 19 chief engineer of the division of water resources of the Kansas department 20 of agriculture in an amount not less than $100 nor more than $5,000 for 21 each violation. In the case of a continuing violation, every day that any 22 such violation continues after notice of the original violation is served 23 upon the violator personally or restricted mail by the chief engineer, or 24 a duly authorized representative of the chief engineer, after giving the 25 violator a reasonable deadline to cure the violation, shall be deemed to 26 be a separate violation. In determining the amount of the civil penalty, 27 the chief engineer shall take into consideration all relevant circumstances, 28 including, but not limited to, the extent of harm caused by the violation, 29 the nature and persistence of the violation, the length of time over which 30 the violation occurs and any corrective actions taken. 31 (b) The chief engineer, or a duly authorized representative of the 32 chief engineer, upon finding that any person, corporation, drainage or 33 levee district, county, city or township has violated any provision of K.S.A. 34 24-126, and amendments thereto, or any rule and regulation adopted 35 thereunder, may impose a civil penalty as provided by this act upon such 36 person or entity. 37 (c) No civil penalty shall be imposed pursuant to this section except 38 on written order of the chief engineer, or a duly authorized representative 39 of the chief engineer, to the person or entity who committed the violation, 40 or to the person or entity whose agent committed the violation. Such 41 order shall state the violation, the penalty to be imposed and the right of 42 such person to appeal to the chief engineer. Any such person or entity, 43 within 20 days after notification, may make written request to the chief HB 2434

 1  engineer for a hearing in accordance with the provisions of the Kansas
 2  administrative procedure act. The chief engineer shall affirm, reverse or
 3  modify the order and shall specify the reasons therefore.
 4    (d)  Any person or entity aggrieved by an order of the chief engineer
 5  pursuant to this section may appeal such order to the district court in the
 6  manner provided by the act for judicial review and civil enforcement of
 7  agency actions.
 8    (e)  The chief engineer shall remit moneys collected from civil pen-
 9  alties recovered pursuant to this section to the state treasurer, who shall
10  deposit the entire amount in the state treasury and credit it to the water
11  structures fee fund, which is hereby created in the state treasury. All
12  expenditures from the fund shall be made in accordance with appropri-
13  ation acts upon warrants of the director of accounts and reports issued
14  pursuant to vouchers approved by the chief engineer, or a duly authorized
15  representative of the chief engineer.
16    Sec. 2.  This act shall take effect and be in force from and after its
17  publication in the statute book.