HOUSE BILL No. 2196
An Act amending the Kansas storage tank act; concerning unlawful
acts; amending K.S.A.
65-34,109 and 65-34,113 and repealing the existing
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-34,109 is
hereby amended to read as follows:
65-34,109. (a) It shall be unlawful for any
(1) owner or operator of a
storage tank to deposit, store or dispense,
or permit any person to deposit, store or dispense, any regulated
any such storage tank which
does not comply with the pro-
visions of this act, the rules and regulations promulgated
any order of the secretary
(b) It shall be unlawful for any
(1) Construct, install, modify or operate a storage
any required permit or other written approval from the secretary or
erwise be in violation of the rules and regulations, standards or
(3) (2) prevent
or hinder a properly identified officer or employee
of the department or other authorized agent of the secretary from
ing, inspecting or sampling at a facility on which a storage tank
or from copying records concerning such storage tank as authorized
(4) (3) knowingly
make any false material statement or representa-
tion in any application, record, report, permit or other document
maintained or used for purposes of compliance with this act;
(5) (4) knowingly
destroy, alter or conceal any record required to be
maintained by this act or rules and regulations promulgated
(6) (5) knowingly
allow a release, knowingly fail to report a release
or knowingly fail to take corrective action in response to a
release of a
regulated substance in violation of this act or rules and
ulgated hereunder; or
(6) deposit, store or dispense any
regulated substance into any stor-
age tank which does not comply with the provisions of this act,
rules and regulations promulgated hereunder, after written
notice by cer-
tified mail has been supplied by the secretary that such storage
not comply with the provisions of the act or such rules and
(b) (c) Any
person who violates any provision of subsection (a) or
shall be guilty of a class A misdemeanor and, upon conviction
shall be punished as provided by law.
Sec. 2. K.S.A. 65-34,113 is hereby
amended to read as follows: 65-
34,113. (a) Any person who violates any provisions of K.S.A.
or 65-34,110, and amendments thereto, shall incur, in addition to
other penalty provided by law, a civil penalty in an amount of up
$10,000 for every such violation, and in case of a continuing
every day such violation continues shall be deemed a separate
(b) The director of the division of
environment, upon a finding that
a person has violated any provision of K.S.A. 65-34,109 or
amendments thereto, may impose a penalty within the limits provided
subsection (a), which penalty shall constitute an actual and
economic deterrent to the violation for which it is assessed.
(c) No penalty shall be imposed pursuant
to this section except upon
the written order of the director of the division of environment to
person who committed the violation. Such order shall state the
the penalty to be imposed and the right of such person to appeal to
secretary. Within 15 days after service of the order, any such
make written request to the secretary for a hearing thereon in
with the Kansas administrative procedure act.
(d) Any action of the secretary pursuant
to subsection (c), (e)(1) or
(e)(2) is subject to review in accordance with the act for judicial
and civil enforcement of agency actions.
(e) Notwithstanding any other provision
of this act, the secretary,
upon receipt of information that the storage or release of a
substance may present a hazard to the health of persons or to the
ronment, may take such action as the secretary determines to be
sary to protect the health of such persons or the environment.
a storage tank without a permit issued pursuant to K.S.A.
amendments thereto, shall be deemed to constitute such a
action the secretary may take shall include, but is not limited
(1) Issuing an order, subject to review
pursuant to the Kansas ad-
ministrative procedure act, directing the owner or operator of the
tank, or the custodian of the regulated substance which constitutes
hazard, to take such steps as are necessary to prevent the act, to
the practice which constitutes such hazard, to investigate the
and remediate any pollution resulting from the storage or release.
order may include, with respect to a facility or site, permanent or
porary cessation of operation.
(2) Issuing an order, subject to review
pursuant to the Kansas ad-
ministrative procedure act, directing an owner, tenant or holder of
right of way or easement of any real property affected by a known
from a storage tank to permit entry on to and egress from that
by officers, employees, agents or contractors of the department or
person responsible for the regulated substance or the hazard, for
purposes of monitoring the release or to perform such measures to
igate the release as the secretary shall specify in the order.
(3) Commencing an action to enjoin acts
or practices specified in
this subsection or requesting the attorney general or appropriate
or district attorney to commence an action to enjoin those acts or
tices. Upon a showing that a person has engaged in those acts or
a permanent or temporary injunction, restraining order or other
may be granted by any court of competent jurisdiction. An action
injunction under this subsection shall have precedence over other
in respect to order of trial.
(4) Applying to the appropriate district
court for an order of that
court directing compliance with the order of the secretary pursuant
the act for judicial review and civil enforcement of agency
to obey the court order shall be punishable as contempt of the
issuing the order. The application under this subsection shall have
edence over other cases in respect to order of trial.
(f) In any civil action brought pursuant
to this section in which a
temporary restraining order, preliminary injunction or permanent
junction is sought it shall be sufficient to show that a violation
provisions of this act, or the rules and regulations adopted
has occurred or is imminent. It shall not be necessary to allege or
at any stage of the proceeding that irreparable damage will occur
the temporary restraining order, preliminary injunction or
junction not be issued or that the remedy at law is inadequate.
Sec. 3. K.S.A. 65-34,109 and 65-34,113 are hereby
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 24, 2003.