Session of 2000
By Committee on Federal and State Affairs

10             AN  ACT concerning water pollution prevention; amending K.S.A. 65-
11             170e and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 65-170e is hereby amended to read as follows: 65-
15       170e. (a) The attorney general, upon the request of the secretary of health
16       and environment, may bring an action in the name of the state of Kansas
17       in the district court of the county in which any person who violates any
18       of the provisions of this act may do business, to recover penalties or
19       damages as provided by this act.
20             (b) Any person having an identifiable interest which is affected shall
21       have the right to intervene in any civil actions brought under this section
22       or K.S.A. 65-171b, and amendments thereto, or in administrative actions
23       subsequent to the issuance of an administrative order by the agency pur-
24       suant to K.S.A. 65-164, 65-170d or 65-171d and amendments thereto or
25       article 6 of chapter 77 of the Kansas Statutes Annotated to enforce the
26       provisions of the national pollutant discharge elimination system program
27       as approved by the administrator of the United States environmental pro-
28       tection agency pursuant to sections 318, 402 and 405 of the clean water
29       act, as in effect on January 1, 1989, which seek:
30             (1) Restraint of persons from engaging in unauthorized activity which
31       is endangering or causing damage to public health or the environment;
32             (2) injunction of threatened or continuing violations of this act, rules
33       and regulations promulgated thereunder and permit conditions; or
34             (3) assessment of civil penalties for violations of this act, rules and
35       regulations promulgated thereunder, permit conditions or orders of the
36       director of environment or secretary of health and environment.
37             (c) Any interested person may bring an action pursuant to article 6
38       of chapter 77 of the Kansas Statutes Annotated for review of final agency
39       action granting or denying the issuance of a permit pursuant to K.S.A.
40       65-165 or 65-171d, and amendments thereto, subject to the following:
41             (1) Such person shall not be required to have exhausted all adminis-
42       trative remedies available within the department; and
43             (2) notwithstanding the provisions of K.S.A. 77-613, and amendments


  1       thereto, the petition for review shall be filed within 120 days after the
  2       entry of final agency action.
  3        Sec.  2. K.S.A. 65-170e is hereby repealed.
  4        Sec.  3. This act shall take effect and be in force from and after its
  5       publication in the Kansas register.