65-3419.Violations of act; penalties; procedure; injunctions.(a) Any person who violates any provision of subsection (a) of K.S.A.65-3409, and amendments thereto, shall incur, in addition to any otherpenaltyprovided by law, a civil penalty in an amount of up to $5,000 foreverysuch violation and, in the case of a continuingviolation, every day such violation continues shall be deemed a separateviolation.
(b) The director of the division of environment, upon a finding thata person has violated any provision of subsection (a) of K.S.A. 65-3409,and amendments thereto,may impose a penalty within the limits provided in thissection, which penalty shall constitute an actual and substantialeconomic deterrent to the violation for which it is assessed.
(c) No penalty shall be imposed pursuant to this section except uponthe written order of the director of the division of environment to theperson who committed the violation. Such order shall state theviolation, the penalty to be imposed and the right of such person toappeal to a hearing before the secretary of health and environment. Any suchperson may,within 15 days after service of the order, make written request to thesecretary for a hearing thereon. Hearings under thissubsection shall be conducted in accordance with the provisions of theKansas administrative procedure act.
(d) Any actionof the secretary pursuant to subsection (c) is subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
(e) Notwithstanding any other provision of this act, the secretary,upon receipt of information that the storage, transportation, processing,treatment or disposal of any waste may present asubstantial hazard to the health of persons or to the environment or for athreatened or actual violation of this act or rules and regulations adoptedpursuant thereto, or any orders issued pursuant thereto, or any permitconditions required thereby, may takesuch action asthe secretary determines to be necessary to protect the health of suchpersons or the environment. The action the secretary may take shallinclude, but not be limited to:
(1) Issuing an order directing the owner, generator, transporter or theoperator of the processing, treatment or disposal facility or site, or thecustodian of the waste, whichconstitutes such hazard or threatened or actual violation, to take suchsteps as are necessary to preventthe act or eliminate the practice which constitutes such hazard. Suchaction may include, with respect to a facility or site, permanent ortemporary cessation of operation.
(2) Commencing an action to enjoin acts or practices specified inparagraph (1) or requesting that the attorney general orappropriate district or county attorney commence an action to enjoin those actsor practices or threatened acts or practices. Upon a showing by thesecretary that a person has engaged inthose acts or practices or intends to engage in those acts or practices, apermanent ortemporary injunction, restraining orderor other order may be granted by any court of competent jurisdiction. Anaction for injunction under this paragraph (2) shall haveprecedence over other cases in respect to order of trial.
(3) Applying to the district court in the county in which an order of thesecretary under paragraph (1) will take effect, in whole orin part, for an order of that court directing compliance with the order of thesecretary. Failure to obey the court order shall be punishable as contempt ofthe court issuing the order. The application under this paragraph (3)for a court order shall have precedence over other cases in respectto order of trial.
(f) In any civil action brought pursuant to this section in which atemporary restraining order, preliminary injunction or permanentinjunction is sought, it shall not be necessary to allege or prove atany stage of the proceeding that irreparable damage will occur shouldthe temporary restraining order, preliminary injunction or permanentinjunction not be issued or that the remedy at law is inadequate, andthe temporary restraining order, preliminary injunction or permanentinjunction shall issue without such allegations and without such proof.
History: L. 1977, ch. 221, § 7;L. 1986, ch. 318, § 100;L. 1988, ch. 356, § 204; L. 1989, ch. 186, § 31;L. 1992, ch. 316, § 7; July 1.
65-3419.Violations of act; penalties; procedure; injunctions.(a) Any person who violates any provision of subsection (a) of K.S.A.65-3409, and amendments thereto, shall incur, in addition to any otherpenaltyprovided by law, a civil penalty in an amount of up to $5,000 foreverysuch violation and, in the case of a continuingviolation, every day such violation continues shall be deemed a separateviolation.
(b) The director of the division of environment, upon a finding thata person has violated any provision of subsection (a) of K.S.A. 65-3409,and amendments thereto,may impose a penalty within the limits provided in thissection, which penalty shall constitute an actual and substantialeconomic deterrent to the violation for which it is assessed.
(c) No penalty shall be imposed pursuant to this section except uponthe written order of the director of the division of environment to theperson who committed the violation. Such order shall state theviolation, the penalty to be imposed and the right of such person toappeal to a hearing before the secretary of health and environment. Any suchperson may,within 15 days after service of the order, make written request to thesecretary for a hearing thereon. Hearings under thissubsection shall be conducted in accordance with the provisions of theKansas administrative procedure act.
(d) Any actionof the secretary pursuant to subsection (c) is subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
(e) Notwithstanding any other provision of this act, the secretary,upon receipt of information that the storage, transportation, processing,treatment or disposal of any waste may present asubstantial hazard to the health of persons or to the environment or for athreatened or actual violation of this act or rules and regulations adoptedpursuant thereto, or any orders issued pursuant thereto, or any permitconditions required thereby, may takesuch action asthe secretary determines to be necessary to protect the health of suchpersons or the environment. The action the secretary may take shallinclude, but not be limited to:
(1) Issuing an order directing the owner, generator, transporter or theoperator of the processing, treatment or disposal facility or site, or thecustodian of the waste, whichconstitutes such hazard or threatened or actual violation, to take suchsteps as are necessary to preventthe act or eliminate the practice which constitutes such hazard. Suchaction may include, with respect to a facility or site, permanent ortemporary cessation of operation.
(2) Commencing an action to enjoin acts or practices specified inparagraph (1) or requesting that the attorney general orappropriate district or county attorney commence an action to enjoin those actsor practices or threatened acts or practices. Upon a showing by thesecretary that a person has engaged inthose acts or practices or intends to engage in those acts or practices, apermanent ortemporary injunction, restraining orderor other order may be granted by any court of competent jurisdiction. Anaction for injunction under this paragraph (2) shall haveprecedence over other cases in respect to order of trial.
(3) Applying to the district court in the county in which an order of thesecretary under paragraph (1) will take effect, in whole orin part, for an order of that court directing compliance with the order of thesecretary. Failure to obey the court order shall be punishable as contempt ofthe court issuing the order. The application under this paragraph (3)for a court order shall have precedence over other cases in respectto order of trial.
(f) In any civil action brought pursuant to this section in which atemporary restraining order, preliminary injunction or permanentinjunction is sought, it shall not be necessary to allege or prove atany stage of the proceeding that irreparable damage will occur shouldthe temporary restraining order, preliminary injunction or permanentinjunction not be issued or that the remedy at law is inadequate, andthe temporary restraining order, preliminary injunction or permanentinjunction shall issue without such allegations and without such proof.
History: L. 1977, ch. 221, § 7;L. 1986, ch. 318, § 100;L. 1988, ch. 356, § 204; L. 1989, ch. 186, § 31;L. 1992, ch. 316, § 7; July 1.
65-3419.Violations of act; penalties; procedure; injunctions.(a) Any person who violates any provision of subsection (a) of K.S.A.65-3409, and amendments thereto, shall incur, in addition to any otherpenaltyprovided by law, a civil penalty in an amount of up to $5,000 foreverysuch violation and, in the case of a continuingviolation, every day such violation continues shall be deemed a separateviolation.
(b) The director of the division of environment, upon a finding thata person has violated any provision of subsection (a) of K.S.A. 65-3409,and amendments thereto,may impose a penalty within the limits provided in thissection, which penalty shall constitute an actual and substantialeconomic deterrent to the violation for which it is assessed.
(c) No penalty shall be imposed pursuant to this section except uponthe written order of the director of the division of environment to theperson who committed the violation. Such order shall state theviolation, the penalty to be imposed and the right of such person toappeal to a hearing before the secretary of health and environment. Any suchperson may,within 15 days after service of the order, make written request to thesecretary for a hearing thereon. Hearings under thissubsection shall be conducted in accordance with the provisions of theKansas administrative procedure act.
(d) Any actionof the secretary pursuant to subsection (c) is subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
(e) Notwithstanding any other provision of this act, the secretary,upon receipt of information that the storage, transportation, processing,treatment or disposal of any waste may present asubstantial hazard to the health of persons or to the environment or for athreatened or actual violation of this act or rules and regulations adoptedpursuant thereto, or any orders issued pursuant thereto, or any permitconditions required thereby, may takesuch action asthe secretary determines to be necessary to protect the health of suchpersons or the environment. The action the secretary may take shallinclude, but not be limited to:
(1) Issuing an order directing the owner, generator, transporter or theoperator of the processing, treatment or disposal facility or site, or thecustodian of the waste, whichconstitutes such hazard or threatened or actual violation, to take suchsteps as are necessary to preventthe act or eliminate the practice which constitutes such hazard. Suchaction may include, with respect to a facility or site, permanent ortemporary cessation of operation.
(2) Commencing an action to enjoin acts or practices specified inparagraph (1) or requesting that the attorney general orappropriate district or county attorney commence an action to enjoin those actsor practices or threatened acts or practices. Upon a showing by thesecretary that a person has engaged inthose acts or practices or intends to engage in those acts or practices, apermanent ortemporary injunction, restraining orderor other order may be granted by any court of competent jurisdiction. Anaction for injunction under this paragraph (2) shall haveprecedence over other cases in respect to order of trial.
(3) Applying to the district court in the county in which an order of thesecretary under paragraph (1) will take effect, in whole orin part, for an order of that court directing compliance with the order of thesecretary. Failure to obey the court order shall be punishable as contempt ofthe court issuing the order. The application under this paragraph (3)for a court order shall have precedence over other cases in respectto order of trial.
(f) In any civil action brought pursuant to this section in which atemporary restraining order, preliminary injunction or permanentinjunction is sought, it shall not be necessary to allege or prove atany stage of the proceeding that irreparable damage will occur shouldthe temporary restraining order, preliminary injunction or permanentinjunction not be issued or that the remedy at law is inadequate, andthe temporary restraining order, preliminary injunction or permanentinjunction shall issue without such allegations and without such proof.
History: L. 1977, ch. 221, § 7;L. 1986, ch. 318, § 100;L. 1988, ch. 356, § 204; L. 1989, ch. 186, § 31;L. 1992, ch. 316, § 7; July 1.
