Session of 2000
By Committee on Environment

10             AN  ACT prohibiting sales of certain motor-vehicle fuel and providing
11             penalties for violations.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) No person shall sell or offer for sale in Kansas any
15       motor-vehicle fuel, as defined in K.S.A. 79-3401, and amendments
16       thereto, containing methyl tertiary-butyl ether (MTBE).
17             (b) The secretary of health and environment or the director of the
18       division of environment, upon a finding that a person has violated this
19       section, may impose a penalty not to exceed $10,000 which shall consti-
20       tute an actual and substantial economic deterrent to the violation for
21       which it is assessed. In the case of a continuing violation, every day such
22       violation continues shall be deemed a separate violation. No such penalty
23       shall be imposed except after notice of violation and opportunity for hear-
24       ing upon the written order of the secretary or the director of the division
25       of environment issued to the person who committed the violation. The
26       order shall state the violation, the penalty to be imposed and the right to
27       request a hearing thereon. The request for hearing shall be in writing,
28       directed to the secretary and filed with the secretary within 15 days after
29       service of the order. The hearings shall be conducted in accordance with
30       the Kansas administrative procedure act.
31             (c) Nothing in this section shall be construed to abridge, limit or
32       otherwise impair the right of any person to damages or other relief on
33       account of injury to persons or property and to maintain any action or
34       other appropriate proceeding therefor.
35        Sec.  2. This act shall take effect and be in force from and after its
36       publication in the statute book.