65-3441.Unlawful acts; penalties.(a) It shall be unlawful for any person to:
(1) Dump or deposit, or permitthe dumping or depositing of, any hazardous waste regulated by this actintoany facility which does not comply with the provisions of this act orrules or regulations,standards or orders of the secretary, but this provision shall notprohibit: (A) The use ofhazardous wastes in normal farming operations or in the processing ormanufacturingof other products in a manner that will not adversely affect the public health or environment; or (B) a generator who periodicallyproduces a quantityof hazardous waste less than the quantity regulated under subsection(k) of K.S.A. 65-3431, and amendments thereto, fromdisposing such quantity of hazardouswaste into a facility approved by the department which has a permit issuedunder K.S.A. 65-3407, and amendments thereto.
(2) Construct, modify or operate a hazardous waste facility without a permitor other required writtenapproval from the secretary or to be in violation of the rules and regulations,standards or orders of the secretary.
(3) Violate any condition of any permit issued by the secretary.
(4) Store, collect, treat or dispose of hazardous waste contrary to therules and regulations, standards or orders of the secretary.
(5) Refuse or hinder entry, inspection, sampling and the examination orcopying of records related to the purposes of this act by an agent or employeeof the secretary after such agent or employee identifies and gives noticeof their purpose at any time.
(6) Knowingly make any false material statement or representation inany application, label, manifest, record, report, permit or other documentfiled, maintained or used for purposes of compliance with this act.
(7) Knowingly destroy, alter or concealany record required to be maintained under rules and regulationspromulgated by the secretary pursuant to this act.
(8) Fail to designate on a manifest a facility which is authorized tooperate under the federal hazardous waste program or under a statehazardous waste program which has received approval to operate in lieu ofthe federal hazardous waste program.
(9) Transport hazardous waste to a facility which is not authorizedto operate under the federal hazardous waste program or under a statehazardous waste program which has received approval to operate in lieu ofthe federal hazardous waste program.
(10) Add, mix or blend any hazardous waste with fuel oil or any otherfuel intended for use by residential consumers or sell such blended fuelto a residential consumer.
(11) Transport and dispose of, or cause the transportationand dispositionof, hazardous waste in a manner contrary to the rules and regulations,standardsor orders of the secretary. It shall not constitute a defense to the generatorthat the generator acted through an independent contractor in thetransportationor disposition of the hazardous waste.
(12) Operate a hazardous waste transfer facility at which hazardous wasteis transferred from one or more containers to one or more different containers.The provisions of this subsection shall not apply to overpacking of hazardouswaste containers when the overpack containers are marked with labels thatcontain all the information on the original labels.
(b) Any person who violates any provision of paragraphs (1) to(10), inclusive,of subsection (a) shall be guilty of a class Anonperson misdemeanorand, upon conviction thereof, shall be punished as provided by law. Anyperson who violates any provision of paragraph (11) or (12) ofsubsection(a) shall beguilty of a severity level 10,nonperson felony and, upon conviction thereof,shall be punished as provided by law.
(c) Any person who knowinglyviolates any provisionsof paragraphs (1) to (12), inclusive, of subsection (a)shall be guilty ofa severity level 6, nonperson felony and, in the case of acontinuing violation, every daysuch violation continues shall be deemed a separate violation and, uponconviction thereof, shall be punishedas provided by law.
(d) Any individual who violates any of the provisions of paragraphs (1)to (12), inclusive, of subsection (a) shall be legallyresponsible to thesame extent as if such acts were in the individual's own name or on theindividual's own behalf.
(e) The county or district attorney of every county shall file appropriateactions for enforcement of this section upon request of the secretary orupon the county or district attorney's own motion after consultation with thesecretary.
(f) No person shall be held responsible for failure to secure a permitunder the provisions of this section for the dumping or depositing of anyhazardous waste on land owned or leased by such person without their expressedor implied consent, permission or knowledge.
65-3441.Unlawful acts; penalties.(a) It shall be unlawful for any person to:
(1) Dump or deposit, or permitthe dumping or depositing of, any hazardous waste regulated by this actintoany facility which does not comply with the provisions of this act orrules or regulations,standards or orders of the secretary, but this provision shall notprohibit: (A) The use ofhazardous wastes in normal farming operations or in the processing ormanufacturingof other products in a manner that will not adversely affect the public health or environment; or (B) a generator who periodicallyproduces a quantityof hazardous waste less than the quantity regulated under subsection(k) of K.S.A. 65-3431, and amendments thereto, fromdisposing such quantity of hazardouswaste into a facility approved by the department which has a permit issuedunder K.S.A. 65-3407, and amendments thereto.
(2) Construct, modify or operate a hazardous waste facility without a permitor other required writtenapproval from the secretary or to be in violation of the rules and regulations,standards or orders of the secretary.
(3) Violate any condition of any permit issued by the secretary.
(4) Store, collect, treat or dispose of hazardous waste contrary to therules and regulations, standards or orders of the secretary.
(5) Refuse or hinder entry, inspection, sampling and the examination orcopying of records related to the purposes of this act by an agent or employeeof the secretary after such agent or employee identifies and gives noticeof their purpose at any time.
(6) Knowingly make any false material statement or representation inany application, label, manifest, record, report, permit or other documentfiled, maintained or used for purposes of compliance with this act.
(7) Knowingly destroy, alter or concealany record required to be maintained under rules and regulationspromulgated by the secretary pursuant to this act.
(8) Fail to designate on a manifest a facility which is authorized tooperate under the federal hazardous waste program or under a statehazardous waste program which has received approval to operate in lieu ofthe federal hazardous waste program.
(9) Transport hazardous waste to a facility which is not authorizedto operate under the federal hazardous waste program or under a statehazardous waste program which has received approval to operate in lieu ofthe federal hazardous waste program.
(10) Add, mix or blend any hazardous waste with fuel oil or any otherfuel intended for use by residential consumers or sell such blended fuelto a residential consumer.
(11) Transport and dispose of, or cause the transportationand dispositionof, hazardous waste in a manner contrary to the rules and regulations,standardsor orders of the secretary. It shall not constitute a defense to the generatorthat the generator acted through an independent contractor in thetransportationor disposition of the hazardous waste.
(12) Operate a hazardous waste transfer facility at which hazardous wasteis transferred from one or more containers to one or more different containers.The provisions of this subsection shall not apply to overpacking of hazardouswaste containers when the overpack containers are marked with labels thatcontain all the information on the original labels.
(b) Any person who violates any provision of paragraphs (1) to(10), inclusive,of subsection (a) shall be guilty of a class Anonperson misdemeanorand, upon conviction thereof, shall be punished as provided by law. Anyperson who violates any provision of paragraph (11) or (12) ofsubsection(a) shall beguilty of a severity level 10,nonperson felony and, upon conviction thereof,shall be punished as provided by law.
(c) Any person who knowinglyviolates any provisionsof paragraphs (1) to (12), inclusive, of subsection (a)shall be guilty ofa severity level 6, nonperson felony and, in the case of acontinuing violation, every daysuch violation continues shall be deemed a separate violation and, uponconviction thereof, shall be punishedas provided by law.
(d) Any individual who violates any of the provisions of paragraphs (1)to (12), inclusive, of subsection (a) shall be legallyresponsible to thesame extent as if such acts were in the individual's own name or on theindividual's own behalf.
(e) The county or district attorney of every county shall file appropriateactions for enforcement of this section upon request of the secretary orupon the county or district attorney's own motion after consultation with thesecretary.
(f) No person shall be held responsible for failure to secure a permitunder the provisions of this section for the dumping or depositing of anyhazardous waste on land owned or leased by such person without their expressedor implied consent, permission or knowledge.
65-3441.Unlawful acts; penalties.(a) It shall be unlawful for any person to:
(1) Dump or deposit, or permitthe dumping or depositing of, any hazardous waste regulated by this actintoany facility which does not comply with the provisions of this act orrules or regulations,standards or orders of the secretary, but this provision shall notprohibit: (A) The use ofhazardous wastes in normal farming operations or in the processing ormanufacturingof other products in a manner that will not adversely affect the public health or environment; or (B) a generator who periodicallyproduces a quantityof hazardous waste less than the quantity regulated under subsection(k) of K.S.A. 65-3431, and amendments thereto, fromdisposing such quantity of hazardouswaste into a facility approved by the department which has a permit issuedunder K.S.A. 65-3407, and amendments thereto.
(2) Construct, modify or operate a hazardous waste facility without a permitor other required writtenapproval from the secretary or to be in violation of the rules and regulations,standards or orders of the secretary.
(3) Violate any condition of any permit issued by the secretary.
(4) Store, collect, treat or dispose of hazardous waste contrary to therules and regulations, standards or orders of the secretary.
(5) Refuse or hinder entry, inspection, sampling and the examination orcopying of records related to the purposes of this act by an agent or employeeof the secretary after such agent or employee identifies and gives noticeof their purpose at any time.
(6) Knowingly make any false material statement or representation inany application, label, manifest, record, report, permit or other documentfiled, maintained or used for purposes of compliance with this act.
(7) Knowingly destroy, alter or concealany record required to be maintained under rules and regulationspromulgated by the secretary pursuant to this act.
(8) Fail to designate on a manifest a facility which is authorized tooperate under the federal hazardous waste program or under a statehazardous waste program which has received approval to operate in lieu ofthe federal hazardous waste program.
(9) Transport hazardous waste to a facility which is not authorizedto operate under the federal hazardous waste program or under a statehazardous waste program which has received approval to operate in lieu ofthe federal hazardous waste program.
(10) Add, mix or blend any hazardous waste with fuel oil or any otherfuel intended for use by residential consumers or sell such blended fuelto a residential consumer.
(11) Transport and dispose of, or cause the transportationand dispositionof, hazardous waste in a manner contrary to the rules and regulations,standardsor orders of the secretary. It shall not constitute a defense to the generatorthat the generator acted through an independent contractor in thetransportationor disposition of the hazardous waste.
(12) Operate a hazardous waste transfer facility at which hazardous wasteis transferred from one or more containers to one or more different containers.The provisions of this subsection shall not apply to overpacking of hazardouswaste containers when the overpack containers are marked with labels thatcontain all the information on the original labels.
(b) Any person who violates any provision of paragraphs (1) to(10), inclusive,of subsection (a) shall be guilty of a class Anonperson misdemeanorand, upon conviction thereof, shall be punished as provided by law. Anyperson who violates any provision of paragraph (11) or (12) ofsubsection(a) shall beguilty of a severity level 10,nonperson felony and, upon conviction thereof,shall be punished as provided by law.
(c) Any person who knowinglyviolates any provisionsof paragraphs (1) to (12), inclusive, of subsection (a)shall be guilty ofa severity level 6, nonperson felony and, in the case of acontinuing violation, every daysuch violation continues shall be deemed a separate violation and, uponconviction thereof, shall be punishedas provided by law.
(d) Any individual who violates any of the provisions of paragraphs (1)to (12), inclusive, of subsection (a) shall be legallyresponsible to thesame extent as if such acts were in the individual's own name or on theindividual's own behalf.
(e) The county or district attorney of every county shall file appropriateactions for enforcement of this section upon request of the secretary orupon the county or district attorney's own motion after consultation with thesecretary.
(f) No person shall be held responsible for failure to secure a permitunder the provisions of this section for the dumping or depositing of anyhazardous waste on land owned or leased by such person without their expressedor implied consent, permission or knowledge.
