Kansas Statutes 65-34,144. Unlawful acts; penalties
Terms Used In Kansas Statutes 65-34,144
- Department: means the department of health and environment. See Kansas Statutes 65-3402
- Drycleaning facility: means a commercial establishment that operates, or has operated in the past, in whole or in part for the purpose of cleaning garments or other fabrics utilizing a process that involves any use of drycleaning solvents. See Kansas Statutes 65-34,142
- Immediate response to a release: means containment and control of a known release in excess of a reportable quantity and notification to the department within 48 hours of any known release in excess of a reportable quantity. See Kansas Statutes 65-34,142
- Person: means individual, partnership, firm, trust, company, association, corporation, individual or individuals having controlling or majority interest in a corporation, institution, political subdivision, state agency or federal department or agency. See Kansas Statutes 65-3402
- Release: means any spill, leak, emission, discharge, escape, leak or disposal of drycleaning solvent from a drycleaning facility into the soils or waters of the state. See Kansas Statutes 65-34,142
- Secretary: means the secretary of health and environment. See Kansas Statutes 65-3402
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) It shall be unlawful for any person to:
(1) Operate a drycleaning facility in violation of this act, rules and regulations adopted pursuant to this act or orders of the secretary pursuant to this act;
(2) prevent or hinder a properly identified officer or employee of the department or other authorized agent of the secretary from entering, inspecting, sampling or responding to a release as authorized by this act;
(3) knowingly make any false material statement or representation in any record, report or other document filed, maintained or used for the purpose of compliance with this act;
(4) knowingly destroy, alter or conceal any record required to be maintained by this act or rules and regulations adopted under this act;
(5) willfully allow a release or knowingly fail to make an immediate response to a release in accordance with this act and rules and regulations pursuant to this act.
(b) The director of the division of environment, upon a finding that a person has violated a provision of subsection (a), may impose on such person an administrative penalty in an amount not to exceed $500 for every violation.
(c) In assessing an administrative penalty under this section, the director of the division of environment shall consider, when applicable, the following factors:
(1) The extent to which the violation presents a hazard to human health;
(2) the extent to which the violation has or may have an adverse effect on the environment;
(3) the amount of the reasonable costs incurred by the state in detection and investigation of the violation; and
(4) the economic savings realized by the person in not complying with the provision for which a violation is charged.