SENATE BILL No. 37*
An Act prohibiting sales, deliveries and importing of
fuel and providing penalties for violations.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this
section, terms have the meanings pro-
vided by K.S.A. 79-3401, and amendments thereto.
(b) Subject to the provisions of
subsection (h), on and after July 1,
2004, no person shall sell or deliver to any distributor within
import into Kansas for sale in this state any motor-vehicle fuel
methyl tertiary-butyl ether (MTBE) in quantities greater than 0.5%
(c) On and after July 1, 2003, the
distributor shall be provided, at
the time of delivery of motor-vehicle fuel, on an invoice, bill of
shipping paper or other documentation, a declaration of the MTBE
tent, by volume percent, in the motor-vehicle fuel delivered.
(d) Determination of the volume
percentage of MTBE in motor-
vehicle fuel shall be by one or more test methods approved by the
retary of agriculture.
(e) In no event shall the provisions of
this section be interpreted to
authorize quantities of MTBE in motor-vehicle fuels to exceed
specified in any applicable Kansas or federal statute.
(f) The secretary of health and
environment or the director of the
division of environment, upon a finding that a person knowingly and
fully has violated this section, may impose a penalty not to exceed
which shall constitute an actual and substantial economic deterrent
violation for which it is assessed. In the case of a continuing
every day such violation continues shall be deemed a separate
No such penalty shall be imposed except after notice of violation
opportunity for hearing upon the written order of the secretary or
director of the division of environment issued to the person who
mitted the violation. The order shall state the violation, the
penalty to be
imposed and the right to request a hearing thereon. The request
hearing shall be in writing, directed to the secretary and filed
secretary within 15 days after service of the order. The hearings
conducted in accordance with the Kansas administrative procedure
(g) Nothing in this section shall be
construed to abridge, limit or
otherwise impair the right of any person to damages or other relief
account of injury to persons or property and to maintain any action
other appropriate proceeding therefor.
(h) The provisions of this section shall
not take effect until the United
States environmental protection agency grants a waiver allowing the
of Kansas to control or prohibit the use of MTBE in motor-vehicle
The secretary of health and environment shall apply for such waiver
timely manner in order to obtain such waiver prior to July 1,
Sec. 2. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 19, 2001.